EBA · 2021_6078 Final Q&A

Information on the host member State in which Third Party Providers (TPPs) provide services

Regulation
Directive 2015/2366/EU (PSD2)
Article
15
Topic
Central register of the EBA
Submitted by
Other
Submitted
2021-07-06
Answered
2022-10-14
Answer provided by
ESAs (EBA, ESMA, EIOPA)

Question

If a payment institution, in the specific form present in the EBA register under PSD2, presents an EU passport, does this mean that the Third Party Provider (TPP) is authorised to operate for the services indicated in all EU countries?

Background

Following checks carried out on the EBA register, it emerged that, for some TPPs, the services provided and the countries in which they are provided are listed analytically; for others, on the other hand, only the EU passport is reported, with an indication of the services authorised.

Answer

In accordance with Article 15(1) of Directive (EU) 2015/2366 (PSD2), the European Banking Authority (EBA) operates and maintains a central electronic register that contains information notified by the national competent authorities (NCAs).  Commission Implementing Regulation (EU) 2019/410 sets out the details and structure of the information to be notified, in the field of payment services, by NCAs to the EBA.  Row 11 of Table 1 of the Annex to the Implementing Regulation requires NCAs to submit information about the 'Host Member States where the payment institution provides or intends to provide payment services through the freedom to provide services and the respective payment services that were notified to the host competent authority'.  Accordingly, the information displayed on the EBA Register indicates the Member States where the payment institution is allowed to carry out activities and the payment services that can be provided.  Finally, in accordance with Article 15(1) and (3) of PSD2, NCAs are responsible for the accuracy of the information contained on the EBA Register and for keeping that information up-to-date, while the EBA is responsible for the accurate presentation of that information.

Original source: European Banking Authority, Q&A ID 2021_6078

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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