The European Banking Authority (EBA) launched today a public consultation on draft regulatory technical standards (RTS) that specify the criteria for determining when the appointment of a central contact point under the PSD2 is appropriate and the functions that these contact points should have. The consultation runs until 29 September 2017.
In order to facilitate the supervision of payment institutions (PIs) and electronic money institutions (EMIs) providing cross-border payment services in another Member State through agents under the right of establishment, the PSD2 confers an option on host Member States to require those PIs and EMIs to appoint a central contact point in their territory. The objective of such a contact point is to ensure adequate communication and information reporting in the host Member State in accordance with PSD2 and to facilitate the supervision by the competent authorities of the home and host Member State.
These RTS aim to ensure that, where host Member States choose to require the appointment of a central contact point, this request is proportionate to the aims pursued by the PSD2. In addition, these RTS provide legal certainty as to the circumstances under which the appointment of such contact points is considered appropriate, as well as to the functions they should provide.
All contributions received will be published following the close of the consultation, unless requested otherwise. Please note that the deadline for the submission of comments is 29 September 2017.
A public hearing will take place at the EBA premises on 4 September 2017 from 1 pm to 3.30 pm UK time.
Legal basis and background
These RTS have been drafted in accordance with Article 29(5) of PSD2, which requires the EBA to specify the criteria to be applied when determining, in accordance with the principle of proportionality, the circumstances when the appointment of a central contact point is appropriate, and the functions of those contact points, pursuant to Article 29(4) of PSD2.