LegalizeRegulation (EU) 2020/2011 of the European Central Bank of 1 December 2020 amending Regulation (EU) No 1409/2013 on payments statistics (ECB/2013/43) (ECB/2020/59)
REGULATION (EU) 2020/2011 OF THE EUROPEAN CENTRAL BANK
of 1 December 2020
amending Regulation (EU) No 1409/2013 on payments statistics (ECB/2013/43) (ECB/2020/59)
Article 1
Amendments to Regulation (EU) No 1409/2013 (ECB/2013/43)
Regulation (EU) No 1409/2013 (ECB/2013/43) is amended as follows:
(1) Article 1 is amended as follows: (a) point (b) is replaced by the following: ‘(b) “payment service provider”, “payment institution”, “payment system” and “payment transaction” have the same meaning as defined in Article 4 of Directive (EU) 2015/2366 of the European Parliament and of the Council (*1); (b) the following point (e) is added: ‘(e) “payment service” means any of the business activities listed in Annex I to Directive (EU) 2015/2366 or any of the services listed in Article 4(3)(a) of this Regulation.’;
(2) Article 2 is replaced by the following: ‘Article 2 Actual reporting population The actual reporting population shall consist of payment service providers (including electronic money issuers) and payment system operators.’;
(3) in Article 3, paragraph 1 is replaced by the following: ‘1. The actual reporting population referred to in Article 2 shall report the statistical information to the NCB of the Member State in which the relevant reporting agent is resident, either directly or via the relevant national competent authority pursuant to local cooperation arrangements, as specified in Annex III and taking into consideration the clarifications and definitions provided in Annexes I and II. Those reporting agents shall report the required statistical information in accordance with the minimum standards set out in Annex IV’;
(4) Article 4 is replaced by the following: ‘Article 4 Derogations
For the purposes of granting derogations to reporting agents NCBs shall be guided by the principle of proportionality.
NCBs may grant derogations to the following reporting agents in respect of the reporting requirements referred to in Article 3(1) and in accordance with paragraphs 3 and 4:
(a) payment institutions, where they fulfil the conditions laid down in paragraphs 1 and 2 of Article 32 of Directive (EU) 2015/2366; (b) electronic money institutions, where they fulfil the conditions laid down in paragraphs 1 and 2 of Article 9 of Directive 2009/110/EC; (c) payment service providers other than those referred to in points (a) and (b), where they fulfil both the conditions laid down in Article 32(1) and (2) of Directive (EU) 2015/2366 and the conditions laid down in Article 9(1) and (2) of Directive 2009/110/EC. For the purposes of the first subparagraph, NCBs may grant derogations regardless of whether reporting agents have been waived or exempted from prudential requirements pursuant to the relevant national law transposing Directive (EU) 2015/2366 and Directive 2009/110/EC.
NCBs may grant derogations in accordance with paragraph 4 to the reporting agents referred to in paragraph 2 where either of the following apply:
(a) the total value, as contributed by all payment service providers that could benefit from such derogation, of each of the following payment services does not exceed 5 % at national level: (i) credit transfers (sent), (ii) direct debits (sent), (iii) card-based payment transactions (sent and received), (iv) cash withdrawals using card-based payment instruments, (v) e-money payment transactions (sent), (vi) cheques (sent), (vii) money remittances (sent), (viii) other payment services (sent), (ix) payment initiation services, (x) other services not included in Directive (EU) 2015/2366 (sent); (b) the total number of clients, as contributed by all payment service providers that could benefit from such derogation, of account information services does not exceed 5 % at national level. For the purposes of point (a) the cumulative total value, as contributed by all payment service providers that could benefit from such derogation, of the payment services listed therein shall not exceed 5 % at national level. For the purposes of this paragraph, NCBs may only grant derogations where the reporting burden would be disproportionate in view of the size of such reporting agents.
Reporting agents that have been granted derogations pursuant to paragraphs 2 and 3 shall report statistical information in accordance with Tables 4b and 5b of Annex III.
NCBs shall verify compliance with the conditions set out in paragraphs 2 and 3 on an annual basis and in good time in order to grant or withdraw any derogation with effect from the start of the second successive calendar year where necessary. That verification shall be based on the relevant reporting periods for the 12 months immediately preceding the reference period in which the assessment is conducted.
Where an NCB grants a derogation pursuant to this Article, it shall notify the ECB thereof at the same time as it reports information pursuant to Article 6.
The ECB shall publish a list of entities granted derogations by the NCBs pursuant to this Article.’;
(5) Article 6 is replaced by the following: ‘Article 6 Timeliness
Statistical information reported in accordance with Annex III shall be transmitted by the NCBs to the ECB on a quarterly, semi-annual or annual basis and as follows:
(a) for reporting on a quarterly basis, statistical information set out in Table 9 of Annex III shall be transmitted by close of business on the last working day of the second month following the end of the relevant quarter; (b) for reporting on a semi-annual basis, statistical information set out in Tables 1, 2, 3, 4a, 5a, 6, 7 and 8 of Annex III for the period January to June shall be transmitted by close of business on the last working day of November following the end of the first half of the year to which it relates. Statistical information for the period July to December shall be transmitted by close of business on the last working day of May following the end of the second half of the year to which it relates; (c) for reporting on an annual basis, statistical information set out in Tables 4b and 5b of Annex III shall be transmitted with a half-yearly breakdown by close of business on the last working day of May following the year to which it relates;
NCBs shall establish clear reporting deadlines for reporting agents. Those reporting deadlines shall clearly determine the frequency with which reporting agents are to report to NCBs and shall ensure that NCBs are able to meet their reporting deadlines with the ECB set out in paragraph 1.’;
(6) the following Article 8a is inserted: ‘Article 8a First reporting of quarterly, semi-annual and annual statistical information
Reporting to the ECB by the NCBs of quarterly and semi-annual statistical information shall begin with quarterly data for Q1 of 2022 by end-May 2022 and semi-annual data for H1 of 2022 by end-November 2022.
Reporting to the ECB by the NCBs for aggregated annual statistical information with a half-yearly breakdown in relation to reporting agents granted derogation pursuant to paragraphs (2) and (3) of Article 4 shall begin with the reference periods [H1 and H2 of 2022 by end-May 2023].’;
(7) Annexes I, II and III to Regulation (EU) No 1409/2013 are replaced by Annexes I, II and III to this Regulation.
Article 2
Final provisions
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union. It shall apply from 1 January 2022.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.
ANNEX I
PART 1
Overview
Part 1.1 Overview of tables
1.Payments statistics are compiled by the European Central Bank (ECB) through specific harmonised data collections managed at national level by each national central bank (NCB). The data compilation is structured in the form of nine tables as described below containing national data on each Member State whose currency is the euro (hereinafter a ‘euro area Member State’). Tables 1, 2, 3, 4, 5, 6 and 9 should be reported by payment service providers (PSPs), while Tables 7 and 8 should be reported by payment system operators (PSOs). There are two versions of Tables 4 and 5, only one of which should be reported. Tables 4a and 5a should be reported by all PSPs which have not been granted a derogation pursuant to Article 4, whereas reporting agents which have been granted a derogation pursuant to Article 4(2) and (3) should report the statistical information in Tables 4b and 5b.
| Table | Description of main contents |
|---|---|
| Table 1: Institutions offering payment services to non-monetary financial institutions (non-MFIs) | Breakdowns showing number of overnight deposits, number of payment accounts, number of e-money accounts and outstanding value on e-money storages issued, by credit institutions, electronic money institutions, payment institutions and other payment service providers (PSPs) and e-money issuers. In addition, breakdowns showing the number of clients of account information service providers (AISPs) and the number of accounts accessed by AISPs are included. The number of accounts accessed by AISPs is reported by the ASPSP while the AISPs report the number of their clients. |
| Table 2: Card functions | Number of cards issued by PSPs resident in the country. Data on cards are compiled with a breakdown by function of the card and within the function of the card with a breakdown by card scheme. |
| Table 3: Card accepting devices | Number of terminals provided by PSPs resident in the country. Data on terminals distinguish between automatic teller machines (ATMs), point-of-sale (POS) and e-money card terminals and between terminal functions. |
| Table 4a: Payment transactions involving non-MFIs | Number and value of payment transactions sent and received by non-MFIs through PSPs resident in the country broken down between remote and non-remote transactions. Transactions are compiled by payment service, initiation channel and within payment schemes with a breakdown between strong customer authentication (SCA) and non-strong customer authentication (non-SCA). For transactions authenticated via non-SCA the reasons for the authentication via non-SCA are provided. |
| Table 4b: Payment transactions involving non-MFIs reported by reporting agents granted a derogation | Number and value of payment transactions sent and received by non-MFIs through PSPs resident in the country broken down between remote and non-remote transactions. Transactions are compiled by payment service, initiation channel and with a breakdown between strong customer authentication (SCA) and non-strong customer authentication (non-SCA) with the reasons for using non-SCA. Table 4b is only reported by PSPs which have been granted a derogation. |
| Table 5a: Fraudulent payment transactions involving non-MFIs | Number and value of fraudulent payment transactions sent and received by non-MFIs through PSPs resident in the country. Transactions are compiled by payment service, initiation channel and within payment schemes with a breakdown by fraud origin and a breakdown between strong customer authentication (SCA) and non-strong customer authentication (non-SCA). For transactions authenticated via non-SCA, the reasons for the authentication via non-SCA are provided. |
| Table 5b: Fraudulent payment transactions involving non-MFIs reported by reporting agents granted a derogation | Number and value of fraudulent payment transactions sent and received by non-MFIs through PSPs resident in the country. Transactions are compiled by payment service, initiation channel and authentication method; the SCA and non-SCA breakdowns are further broken down by fraud origin and, for the breakdown by non-SCA, by reason for authentication via non-SCA. Table 5b is only reported by PSPs which have been granted a derogation. |
| Table 6: Payment transactions per type of terminal involving non-MFIs | Number and value of payment transactions sent by non-MFIs through PSPs. Transactions are compiled by type of terminal involved with a geographical breakdown. Number and value of over-the-counter (OTC) cash withdrawals and deposits are also included, as are the number and value of cash advances at POS terminals. |
| Table 7: Participation in selected payment systems | Number of participants in each payment system located in the country, distinguishing direct and indirect participants and within direct participants with a breakdown by type of institution. |
| Table 8: Payments processed by selected payment systems | Number and value of payment transactions processed by each payment system located in the country, by payment service and with a geographical breakdown. |
| Table 9: Quarterly reporting of payment transactions involving non-MFIs | Number and value of payment transactions sent by non-MFIs. Transactions are compiled by payment service and initiation channel. Card-based payment transactions are further broken down by the merchant category code (MCC). |
Part 1.2 Type of information
1.Stock data, as contained in Tables 1, 2, 3 and 7, refer to end-of-period, i.e. positions on the last working day of the reference period. The indicators on the outstanding value on e-money storages issued are compiled in euro and relate to payment storages denominated in all currencies.
2.Flow data, as contained in Tables 4, 5, 6, 8 and 9, relate to payment transactions accumulated throughout the period, i.e. total for the reference period. The indicators on the value of transactions are compiled in euro and relate to payment transactions denominated in all currencies.
Part 1.3 Consolidation within the same national territory
1.For each euro area Member State, the reporting population consists of PSPs and PSOs.
2.PSPs are institutions incorporated and located in that territory, including subsidiaries of parent companies located outside that territory, and branches of institutions that have their head office outside that territory.
(a) Subsidiaries are separate incorporated entities in which another entity has a majority or full holding.
(b) Branches are unincorporated entities without independent legal status wholly owned by the parent.
3.For statistical purposes, the following principles apply for consolidation of PSPs within national boundaries:
(a) If a parent company and its subsidiaries are PSPs located in the same national territory, the parent company is permitted in its statistical returns to consolidate the business of these subsidiaries. This is only applicable in the event that the parent company and its subsidiaries are classified as the same type of PSP.
(b) If an institution has branches located within the territories of the other euro area Member States, the registered or head office located in a given euro area Member State considers these branches as residents in the other euro area Member States. Conversely, a branch located in a given euro area Member State considers the registered or head office or other branches of the same institution located within the territories of the other euro area Member States as residents in the other euro area Member States.
(c) If an institution has branches located outside the territory of the euro area Member States, the registered or head office located in a given euro area Member State considers these branches as residents of the rest of the world. Conversely, a branch located in a given euro area Member State considers the registered or head office or other branches of the same institution located outside the euro area Member States as residents of the rest of the world.
4.For statistical purposes, consolidation of PSPs across national boundaries is not permitted.
5.If a PSO is responsible for several payment systems located in the same national territory, statistics for each payment system are reported separately.
6.Institutions located in offshore financial centres are treated for statistical purposes as residents of the territories in which the centres are located.
PART 2
Specific features in Tables 2 to 9
Part 2.1 Card functions (Table 2)
1.If a ‘card with a payment function (except cards with an e-money function only)’ offers several functions, it is counted in each applicable sub-category. Therefore, the total number of cards with a payment function may be smaller than the sum of the sub-categories. To avoid double-counting, sub-categories should not be added up.
2.Within each payment function (i.e. debit, delayed debit and credit), card-based payment instruments are broken down according to the payment card scheme (PCS) under which they are issued. Co-badged card-based payment instruments are counted in each of the applicable schemes. Therefore, the total number of card-based payment instruments by payment function may be smaller than the sum of those cards by PCS. To avoid double-counting, cards by PCS should not be combined.
3.A ‘delayed debit card’ is reported as a ‘credit card’ if the specific ‘delayed debit’ function cannot be identified. The same logic applies to the reporting of transactions with a delayed debit card.
4.A ‘card with an e-money function’ can be either a ‘card on which e-money can be stored directly’ or a ‘card which gives access to e-money stored on e-money accounts’. Therefore, the total number of cards with an e-money function is the sum of the two sub-categories.
5.The total number of cards issued by resident PSPs is stated separately in ‘total number of cards (irrespective of the number of functions on the card)’. This indicator may not necessarily be the sum of ‘cards with a cash function’, ‘cards with a payment function’ and ‘cards with an e-money function’, as these categories may not be mutually exclusive.
6.The indicator ‘card with a combined debit, cash and e-money function’ refers to a card issued by a PSP, which has combined cash, debit and e-money functions. In addition, it is reported in each of the sub-categories:
(a) ‘debit card’;
(b) ‘cards with a cash function’;
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