Commission Delegated Regulation (EU) 2020/1423 of 14 March 2019 on supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council with regard to regulatory technical standards on the criteria for appointing central contact points within the field of payment services and on the functions of those central contact points (Text with EEA relevance)

• CELEX: Delegated Regulation (EU) 2020/1423
• Articles: 3

Article 1 Criteria for determining when the appointment of a central contact point is appropriate

For the purposes of Article 29(4) of Directive (EU) 2015/2366, requiring payment institutions to appoint a central contact point shall only be considered appropriate where one or more of the following criteria is met:

(a)

the total number of agents through which a payment institution provides any of the payment services referred to in Annex I to Directive (EU) 2015/2366 in a host Member State under the right of establishment is equal to or exceeds 10;

(b)

the total value of payment transactions, including payment transactions initiated when providing payment initiation services, carried out by a payment institution in the host Member State in the last financial year through agents located in the host Member State and operating under either the right of establishment or the freedom to provide services, exceeds EUR 3 million and the payment institution has engaged at least two of those agents under the right of establishment;

(c)

the total number of payment transactions carried out by a payment institution in the host Member State in the last financial year through agents located in the host Member State and operating under either the right of establishment or the freedom to provide services, including the number of payment transactions initiated when providing payment initiation services, exceeds 100 000 and the payment institution has engaged at least two of those agents under the right of establishment.

Article 2 Functions of the central contact point

1.   A central contact point that is appointed pursuant to Article 29(4) of Directive (EU) 2015/2366 shall carry out each of the following functions:

(a)

it shall serve as single provider and single point of collection for the purposes of the reporting obligations of the appointing payment institution towards the competent authorities of the host Member State pursuant to Article 29(2) of Directive (EU) 2015/2366 in relation to services provided in the host Member State through agents under the right of establishment;

(b)

it shall serve as single point of contact of the appointing payment institution in communications with the competent authorities of the home and host Member States, in relation to the payment services provided in the host Member State through agents under the right of establishment, including by providing competent authorities with documents and information on request;

(c)

it shall facilitate the on-site inspections by competent authorities of the agents of the appointing payment institution operating in the host Member State under the right of establishment and the implementation of any supervisory measures adopted by the competent authorities of the home or host Member States pursuant to Directive (EU) 2015/2366.

2.   Payment institutions shall ensure that a central contact point possesses the necessary resources and has access to all the data necessary for the performance of the functions set out in Article 29(4) of Directive (EU) 2015/2366 and specified in paragraph 1 of this Article.

Article 3 Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .