EBA · 2019_4919 Rejected question

Interpretation of payment instrument

Regulation
Directive 2015/2366/EU (PSD2)
Article
4, para. 14
Topic
Other topics
Submitted by
Competent authority
Submitted
2019-09-17

Question

What devices or procedures can be considered as payment instrument as per Art. 4(14) of PSD2.

Background

The Central Bank of Member State A as competent authority (CA) in Member State A has received several notifications based on the Article 37 of PSD2. In those cases, CAs need to make a decision if a given solution meets the requirements of limited network exclusion. However to apply an exclusion first that solution should fall under the definition of one of the payment services described in PSD2. Mostly, it is issuing of payment instruments and/or acquiring of payment transactions. Therefore, the question occurred that a given solution (eg. a fuel card) based on the business model can be considered as payment instrument hence the CAs should consider the application of an exclusion. In the case of a given multinational oil company - as per the statement of the company - the fuel cards are not used for initiating the payment transaction, in other words there is no payment order given with the card itself, but there is an identification and an “authorisation” of the fact whether the oil company issued the fuel card has a deferred payment agreement with the card holder. After a certain period, a formal invoice is issued and the settlement of the invoice is done via a regular credit transfer.
No answer published yet.

Original source: European Banking Authority, Q&A ID 2019_4919

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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