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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)

EU Regulation 2020/2011 · Adopted 1 December 2020 · Extends to United Kingdom

Original text. legislation.gov.uk does not revise this item, so later amendments are not shown here. Changes made to it are listed under each provision when known.

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)

The GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 127(2) thereof,

Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 5 thereof,

Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bankf1, and in particular Articles 5(1) and 6(4) thereof,

Whereas:

(1)

Information relating to payments and payment systems statistics collected pursuant to Article 2(1) of Regulation (EC) No 2533/98 is essential for identifying and monitoring developments in the payments markets within the Member States. The European Central Bank (ECB) collects country-specific and comparative payments statistics so that it is able to fulfil its task of promoting the smooth operation of payment systems in the Union and thus helps contribute to the smooth conduct of policies relating to the prudential supervision of credit institutions and the stability of the financial system.

(2)

Given that payments are effected by means of payment instruments and processed by payment systems, collecting statistical information on payment instruments is necessary to ensure the smooth operation of the systems through which they pass. In addition, as standards in respect of payment instruments are determined by payment schemes, the collection of statistical information concerning the operation of payment schemes is necessary to contribute to the smooth functioning of those payment systems. For these purposes, the ECB requires statistical information on an annual and on an semi-annual basis. Therefore, the reporting frequency should be increased.

(3)

In light of the interconnection between payment instruments and payment systems, the smooth operation of payment systems is dependent on public confidence in payment instruments. Financial loss due to fraud undermines public confidence in payment instruments and it is therefore important to adopt measures that ensure that payment instruments are secure and that their users and the payment systems through which such payments pass are also secure. It is therefore duly justified to monitor the levels of fraud, and the means by which such fraud is carried out, to ensure the safety, security and efficiency of those instruments, thereby ensuring their smooth operation.

(4)

Directive (EU) 2015/2366 of the European Parliament and of the Councilf2 requires Member States to ensure that payment service providers (PSPs) provide their competent authorities, at least on an annual basis, statistical information on fraud relating to different means of payment. Detail on this statistical information, as well as the aggregated data that the competent authorities have to share with the EBA and the ECB is provided in the EBA Guidelines on reporting requirements for fraud dataf3. As the EBA Guidelines focus on the reporting of data that are relevant mostly for supervisory purposes, it is necessary to ensure that the statistical information available to the ECB will allow it to effectively perform its oversight tasks, for example, by accurately monitoring trends in new payment services, formulating policies in rapidly-evolving retail payment markets and assessing the degree of safety and efficiency of the payment instruments to mitigate the specific risks (e.g. financial and operational risks) relating to the individual payment schemes. As a consequence, more detailed reporting of information on fraud should be required. Reporting agents should therefore report not only statistical information on fraud per payment instrument (e.g. card-based payment instruments, credit transfers, direct debits) as foreseen by the EBA Guidelines, but should also report more detailed data on payment channels, payment schemes, cross border card-based payment transactions and country breakdowns. In order to simplify the reporting requirements for reporting agents, the frequency of reporting should correspond with the frequency of reporting under the EBA Guidelines.

(5)

For the same reasons and to ensure consistent reporting, the definitions and the methodology laid down in Regulation (EU) No 1409/2013 of the European Central Bank (ECB/2013/43)f4 should be aligned with the definitions and the methodology laid down in Directive (EU) 2015/2366, as far as applicable for the purposes of ESCB tasks.

(6)

More generally the methodology according to which statistical information on payments and payment systems is collected should take account of developments in the legal framework for the regulation of payments within the Union. Any reform of the regulation of payments in the Union should therefore be taken into consideration when determining the methodology for the collection of statistical information concerning such payments. Accordingly, provisions in Directive (EU) 2015/2366 relating to additional payment services, payment initiation services, account information services and the licensing and supervision of new types of PSPs, payment initiation service providers and account information service providers should be taken into account to ensure that information in the area of payments and payment system statistics is complete. It is therefore necessary to collect information on the activities of these new PSPs and, in particular, on the services they provide, to understand the roles they perform in the economy. Existing reporting requirements should therefore be extended to include information relating to the activities of these new types of PSPs, as well as information relating to strong customer authentication and any exemptions to its application, so that the European System of Central Banks is able to fulfil its independent oversight tasks.

(7)

In order to monitor cross-border trade and improve the overall quality of the information required to compile balance of payments statistics, in particular on the item on travel, transport and the item on online trade in goods and services (e-commerce), further detail on card-based payment transactions is required. The collection of statistical information on the merchant’s sector of activity, by means of the merchant category code (MCC), and the collection of card-based payment transactions on a worldwide basis allows for an in-depth analysis of international payment transactions and an accurate allocation of payments across the various categories of goods and services. For the same reason, reporting agents should be required to report these statistics quarterly, and within shorter deadlines in order to enhance their relevance and utility and contribute to the compilation of quarterly balance of payments.

(8)

Ensuring the collection of the most relevant information within effective methodologies allows for the compilation of accurate statistics. A greater reporting frequency and a more detailed geographical breakdown of payments statistics is therefore necessary to improve the assessment of the short term developments in economic activity, including quarterly private consumption, which comprises a central component of GDP forecasting.

(9)

In light of the principle of proportionality, national central banks (NCBs) should be able to grant derogations to reporting agents in respect of the statistical reporting requirements set out in this Regulation under specific conditions, where the granting of such derogations does not impede the ESCB from effectively fulfilling its tasks. In addition, NCBs should have the power to collect the necessary statistical information on payments via the relevant national competent authority (NCA) that already collects data from reporting agents, in accordance with local cooperation arrangements. Equally, it should be possible for the confidential statistical information on fraud collected under this Regulation to be transmitted to an NCA to facilitate the data collection under Directive (EU) 2015/2366, provided that the rules for the protection and use of confidential statistical information in Regulation (EC) No 2533/98 are met.

(10)

The European Commission was consulted on the amendments to the statistical requirements set out in Regulation (EU) No 1409/2013 (ECB/2013/43) in accordance with Article 5(2) of Regulation (EC) No 2533/98.

(11)

In order to allow reporting agents sufficient time to prepare, first reporting should not apply for a period of at least 12 months from the date of adoption of this Regulation.

(12)

Regulation (EU) No 1409/2013 of the European Central Bank (ECB/2013/43) should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Annotations to the whole text

Footnotes

f1

OJ L 318, 27.11.1998, p. 8.

f2

Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).

f3

European Banking Authority Guidelines on reporting requirements for fraud data under Article 96(6) PSD2, EBA/GL/2018/05.

f4

Regulation (EU) No 1409/2013 of the European Central Bank of 28 November 2013 on payments statistics (ECB/2013/43) (OJ L 352, 24.12.2013, p. 18).

Contents

  1. 1Amendments to Regulation (EU) No 1409/2013 (ECB/2013/43)
  2. 2Final provisions
  3. Signature
  4. Annex I: GENERAL STRUCTURE OF PAYMENTS STATISTICS
  5. Part 1: Overview
  6. Part 1.1: Overview of tables
  7. 1Payments 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.
  8. Part 1.2: Type of information
  9. 1Division 1
  10. 2Division 2
  11. Part 1.3: Consolidation within the same national territory
  12. 1Division 1
  13. 2PSPs 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.
  14. 3For statistical purposes, the following principles apply for consolidation of PSPs within national boundaries:
  15. 4Division 4
  16. 5Division 5
  17. 6Division 6
  18. Part 2: Specific features in Tables 2 to 9
  19. Part 2.1: Card functions (Table 2)
  20. 1Division 1
  21. 2Division 2
  22. 3Division 3
  23. 4Division 4
  24. 5Division 5
  25. 6The 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:
  26. 7Division 7
  27. 8Division 8
  28. 9Division 9
  29. 10Division 10
  30. 11Division 11
  31. 12Division 12
  32. 13Division 13
  33. Part 2.2: Card accepting devices (Table 3)
  34. 1Division 1
  35. 2Division 2
  36. 3Division 3
  37. 4Division 4
  38. 5Division 5
  39. 6Division 6
  40. Part 2.3: Payment transactions involving non-MFIs (Tables 4a and 4b)
  41. Part 2.3.1: Payment transactions involving non-MFIs (Table 4a)
  42. 1Payment transactions are initiated by non-MFIs to any counterparty or by PSPs if the counterparty is a non-MFI. This includes:
  43. 2Division 2
  44. 3Division 3
  45. 4Division 4
  46. 5Division 5
  47. 6Division 6
  48. 7Division 7
  49. 8Division 8
  50. Cross-border transactions
  51. 9Division 9
  52. 10Division 10
  53. 11Division 11
  54. 12Division 12
  55. Flow of funds
  56. 13The direction of the flow of funds depends on the payment service and the initiation channel used:
  57. Total payment transactions
  58. 14Division 14
  59. Credit transfers
  60. 15Division 15
  61. 16Division 16
  62. 17Division 17
  63. 18Division 18
  64. 19Division 19
  65. 20Division 20
  66. 21Division 21
  67. 22Division 22
  68. 23Division 23
  69. 24Division 24
  70. 25Division 25
  71. 26Division 26
  72. 27Division 27
  73. 28Division 28
  74. 29Division 29
  75. Direct debits
  76. 30Division 30
  77. 31Division 31
  78. 32Division 32
  79. 33Division 33
  80. 34Division 34
  81. 35Division 35
  82. 36Division 36
  83. Card-based payment transactions
  84. 37Division 37
  85. 38Division 38
  86. 39Division 39
  87. 40Division 40
  88. 41Division 41
  89. 42Division 42
  90. 43Division 43
  91. 44Division 44
  92. 45Division 45
  93. 46Division 46
  94. Cash withdrawals using card-based payment instruments (except e-money transactions)
  95. 47Division 47
  96. 48Division 48
  97. E-money payment transactions
  98. 49Division 49
  99. 50Division 50
  100. 51Division 51
  101. 52Division 52
  102. 53Division 53
  103. Cheques
  104. 54Division 54
  105. 55Division 55
  106. 56Division 56
  107. 57Division 57
  108. Money remittances
  109. 58Division 58
  110. 59Division 59
  111. Other payment services
  112. 60Division 60
  113. 61Division 61
  114. Payment initiation services
  115. 62Division 62
  116. 63Division 63
  117. 64Division 64
  118. Other services (not included in the Directive (EU) 2015/2366)
  119. 65Division 65
  120. 66Division 66
  121. Part 2.3.2: Payment transactions involving non-MFIs reported by those reporting agents granted derogation pursuant to Article 4(2) and (3) (Table 4b)
  122. 1Payment transactions are initiated by non-MFIs to any counterparty or by PSPs if the counterparty is a non-MFI. This includes:
  123. 2Division 2
  124. 3Division 3
  125. 4Division 4
  126. 5Division 5
  127. 6Division 6
  128. 7Division 7
  129. Cross-border transactions
  130. 8Division 8
  131. 9Division 9
  132. 10Division 10
  133. 11Division 11
  134. Flow of funds
  135. 12The direction of the flow of funds depends on the payment service and the initiation channel used:
  136. Credit transfers
  137. 13Division 13
  138. 14Division 14
  139. 15Division 15
  140. 16Division 16
  141. 17Division 17
  142. 18Division 18
  143. 19Division 19
  144. 20Division 20
  145. 21Division 21
  146. Direct debits
  147. 22Division 22
  148. 23Division 23
  149. 24Division 24
  150. 25Division 25
  151. 26Division 26
  152. Card-based payment transactions
  153. 27Division 27
  154. 28Division 28
  155. 29Division 29
  156. 30Division 30
  157. 31Division 31
  158. 32Division 32
  159. 33Division 33
  160. Cash withdrawals using card-based payment instruments (except e-money transactions)
  161. 34Division 34
  162. 35Division 35
  163. E-money payment transactions
  164. 36Division 36
  165. 37Division 37
  166. Money remittances
  167. 38Division 38
  168. 39Division 39
  169. Payment initiation services
  170. 40Division 40
  171. 41Division 41
  172. 42Division 42
  173. Part 2.4: Fraudulent payment transactions involving non-MFIs (Tables 5a and 5b)
  174. Part 2.4.1: Fraudulent payment transactions involving non-MFIs (Table 5a)
  175. 1Division 1
  176. 2Division 2
  177. 3Division 3
  178. 4Division 4
  179. 5Division 5
  180. 6Division 6
  181. Fraudulent credit transfers
  182. 7Division 7
  183. 8Division 8
  184. 9Division 9
  185. Fraudulent direct debits
  186. 10Division 10
  187. 11Division 11
  188. 12Division 12
  189. Fraudulent card-based payment transactions
  190. 13Division 13
  191. 14Division 14
  192. 15Division 15
  193. Fraudulent cash withdrawals using card-based payment instruments (except e-money transactions)
  194. 16Division 16
  195. Fraudulent e-money payment transactions
  196. 17Division 17
  197. 18Division 18
  198. 19Division 19
  199. Part 2.4.2: Fraudulent payment transactions involving non-MFIs reported by those reporting agents granted a derogation pursuant to Article 4(2) and 4(3) (Table 5b)
  200. 1Division 1
  201. 2Division 2
  202. 3Division 3
  203. 4Division 4
  204. 5Division 5
  205. 6Division 6
  206. Fraudulent credit transfers
  207. 7Division 7
  208. 8Division 8
  209. 9Division 9
  210. Fraudulent direct debits
  211. 10Division 10
  212. 11Division 11
  213. 12Division 12
  214. Fraudulent card-based payment transactions
  215. 13Division 13
  216. 14Division 14
  217. 15Division 15
  218. Fraudulent cash withdrawals using card-based payment instruments (except e-money transactions)
  219. 16Division 16
  220. 17Division 17
  221. 18Division 18
  222. Fraudulent e-money payment transactions
  223. 19Division 19
  224. 20Division 20
  225. 21Division 21
  226. Part 2.5: Payment transactions per type of terminal involving non-MFIs (Table 6)
  227. 1Division 1
  228. 2Division 2
  229. 3Division 3
  230. 4Division 4
  231. 5Transactions by type of terminal are broken down into three different categories based on the residency of the PSP. Categories in points (a) and (b) below are counted on the acquiring side and the category in point (c) below is counted on the issuing side:
  232. 6Division 6
  233. 7Division 7
  234. 8Division 8
  235. 9Division 9
  236. 10Division 10
  237. 11Division 11
  238. Part 2.6: Participation in selected payment systems (Table 7)
  239. 1Division 1
  240. 2Division 2
  241. 3Division 3
  242. 4Division 4
  243. Part 2.7: Payments processed by selected payment systems (Table 8)
  244. 1Division 1
  245. 2Division 2
  246. 3In the case of a payment system, in which another payment system, e.g. an ancillary payment system, settles its positions, then the following principles apply:
  247. 4Division 4
  248. 5Division 5
  249. 6Division 6
  250. 7Division 7
  251. 8Division 8
  252. 9Division 9
  253. 10Division 10
  254. 11Division 11
  255. Part 2.8: Quarterly reporting of payment transactions involving non-MFIs (Table 9)
  256. 1Division 1
  257. Card-based payment transactions
  258. 2Division 2
  259. 3Division 3
  260. 4Division 4
  261. 5Division 5
  262. 6Division 6
  263. Annex IIDATA DEFINITIONS
  264. Annex IIIREPORTING SCHEMES
  265. Annex IVMINIMUM STANDARDS TO BE APPLIED BY THE ACTUAL REPORTING POPULATION
  266. 1Minimum standards for transmission:
  267. 2Minimum standards for accuracy:
  268. 3Minimum standards for compliance with concepts:
  269. 4Minimum standards for revisions: