Regulation (EU) No 1409/2013 of the European Central Bank of 28 November 2013 on payments statistics (ECB/2013/43)

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.

The NCBs shall define and implement the reporting arrangements to be followed by the actual reporting population in accordance with national characteristics. The NCBs shall ensure that these reporting arrangements provide the statistical information required under this Regulation and allow accurate checking of compliance with the minimum standards for transmission, accuracy, compliance with concepts and revisions specified in Annex IV.

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:

1. payment institutions, where they fulfil the conditions laid down in paragraphs 1 and 2 of Article 32 of Directive (EU) 2015/2366;

2. electronic money institutions, where they fulfil the conditions laid down in paragraphs 1 and 2 of Article 9 of Directive 2009/110/EC;

3. 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:

1. 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:

   1. credit transfers (sent),

   2. direct debits (sent),

   3. card-based payment transactions (sent and received),

   4. cash withdrawals using card-based payment instruments,

   5. e-money payment transactions (sent),

   6. cheques (sent),

   7. money remittances (sent),

   8. other payment services (sent),

   9. payment initiation services,

   10. other services not included in Directive (EU) 2015/2366 (sent);

2. 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.

The Executive Board shall establish and maintain a list of payment service providers, including electronic money issuers, and payment system operators subject to this Regulation. The list will be based on existing lists of supervised payment service providers and payment system operators established by national authorities, where such lists are available.

The NCBs and the ECB shall make the list referred to in paragraph 1, and its updates, accessible to the reporting agents concerned in an appropriate way, including by electronic means, via the Internet or, at the request of the reporting agents concerned, in paper form.

The list referred in paragraph 1 shall be for information only. However, in the event that the latest accessible electronic version of the list referred to in paragraph 1 is incorrect, the ECB shall not impose sanctions on any entity that did not properly fulfil its reporting requirements to the extent that it relied in good faith on the incorrect list.