Annex VI - Agentes/distributors

In accordance with Article 28(2) and (3) of Directive 2015/2366/EU (PSD2) and Articles 10 and 13 of the Commission Delegated Regulation (EU) 2017/2055, where a payment institution (PI) or an e-money institution (EMI) submits an agent passport application, as defined in Article 2(d) of the Delegated Regulation, the competent authority of the home Member State shall communicate to the competent authority of the host Member State: the information in Article 10 of the Delegated Regulation, by means of the notification template in Annex III; and the date from which the PI/EMI commences its activities through the agent in the host Member State, by means of the notification template in Annex VI. In the case of the appointment of distributors by an EMI in a host Member State, in accordance with Articles 1(2) and 3(3) of the Delegated Regulation, the competent authority of the home Member State shall transmit to the competent authority of the host Member State: the information in the notification template in Annex IV; and the date from which the EMI commences its activities through the distributor in the host Member State, by means of the template in Annex VI. In case of any changes to a previous agent passport application, including additional agents, Article 28(4) of PSD2 provides that the procedure set out in Article 28 paragraphs 2 and 3 of PSD2 shall apply. Furthermore, Article 12(2) of the Delegated Regulation specifies that, in such case, the competent authority of the home Member State shall transmit the relevant changes to the competent authority of the host Member State by compiling only those parts of the template set out in Annex III that are affected by the changes. While Article 12(2) only refers explicitly to the template in Annex III, in the case of engagement of new agents or distributors in the host Member State, it follows from Article 28(4) of PSD2 that the competent authority of the home Member State should also inform the competent authority of the host Member State of the date from which the PI/EMI commences its activities through the new agent/distributor in the host Member State, by means of the notification template set out in Annex VI. Accordingly, the competent authority of the home Member State should transmit to the competent authority of the host Member State the notification template set out in Annex VI concerning each new agent/distributor appointed in the host Member State, and not only for the first agent(s)/distributor(s) included in the initial passport notification.