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
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
- 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
- 1Amendments to Regulation (EU) No 1409/2013 (ECB/2013/43)
- 2Final provisions
- Signature
- Annex I: GENERAL STRUCTURE OF PAYMENTS STATISTICS
- Part 1: Overview
- Part 1.1: Overview of tables
- 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.
- Part 1.2: Type of information
- 1Division 1
- 2Division 2
- Part 1.3: Consolidation within the same national territory
- 1Division 1
- 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.
- 3For statistical purposes, the following principles apply for consolidation of PSPs within national boundaries:
- 4Division 4
- 5Division 5
- 6Division 6
- Part 2: Specific features in Tables 2 to 9
- Part 2.1: Card functions (Table 2)
- 1Division 1
- 2Division 2
- 3Division 3
- 4Division 4
- 5Division 5
- 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:
- 7Division 7
- 8Division 8
- 9Division 9
- 10Division 10
- 11Division 11
- 12Division 12
- 13Division 13
- Part 2.2: Card accepting devices (Table 3)
- 1Division 1
- 2Division 2
- 3Division 3
- 4Division 4
- 5Division 5
- 6Division 6
- Part 2.3: Payment transactions involving non-MFIs (Tables 4a and 4b)
- Part 2.3.1: Payment transactions involving non-MFIs (Table 4a)
- 1Payment transactions are initiated by non-MFIs to any counterparty or by PSPs if the counterparty is a non-MFI. This includes:
- 2Division 2
- 3Division 3
- 4Division 4
- 5Division 5
- 6Division 6
- 7Division 7
- 8Division 8
- Cross-border transactions
- 9Division 9
- 10Division 10
- 11Division 11
- 12Division 12
- Flow of funds
- 13The direction of the flow of funds depends on the payment service and the initiation channel used:
- Total payment transactions
- 14Division 14
- Credit transfers
- 15Division 15
- 16Division 16
- 17Division 17
- 18Division 18
- 19Division 19
- 20Division 20
- 21Division 21
- 22Division 22
- 23Division 23
- 24Division 24
- 25Division 25
- 26Division 26
- 27Division 27
- 28Division 28
- 29Division 29
- Direct debits
- 30Division 30
- 31Division 31
- 32Division 32
- 33Division 33
- 34Division 34
- 35Division 35
- 36Division 36
- Card-based payment transactions
- 37Division 37
- 38Division 38
- 39Division 39
- 40Division 40
- 41Division 41
- 42Division 42
- 43Division 43
- 44Division 44
- 45Division 45
- 46Division 46
- Cash withdrawals using card-based payment instruments (except e-money transactions)
- 47Division 47
- 48Division 48
- E-money payment transactions
- 49Division 49
- 50Division 50
- 51Division 51
- 52Division 52
- 53Division 53
- Cheques
- 54Division 54
- 55Division 55
- 56Division 56
- 57Division 57
- Money remittances
- 58Division 58
- 59Division 59
- Other payment services
- 60Division 60
- 61Division 61
- Payment initiation services
- 62Division 62
- 63Division 63
- 64Division 64
- Other services (not included in the Directive (EU) 2015/2366)
- 65Division 65
- 66Division 66
- 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)
- 1Payment transactions are initiated by non-MFIs to any counterparty or by PSPs if the counterparty is a non-MFI. This includes:
- 2Division 2
- 3Division 3
- 4Division 4
- 5Division 5
- 6Division 6
- 7Division 7
- Cross-border transactions
- 8Division 8
- 9Division 9
- 10Division 10
- 11Division 11
- Flow of funds
- 12The direction of the flow of funds depends on the payment service and the initiation channel used:
- Credit transfers
- 13Division 13
- 14Division 14
- 15Division 15
- 16Division 16
- 17Division 17
- 18Division 18
- 19Division 19
- 20Division 20
- 21Division 21
- Direct debits
- 22Division 22
- 23Division 23
- 24Division 24
- 25Division 25
- 26Division 26
- Card-based payment transactions
- 27Division 27
- 28Division 28
- 29Division 29
- 30Division 30
- 31Division 31
- 32Division 32
- 33Division 33
- Cash withdrawals using card-based payment instruments (except e-money transactions)
- 34Division 34
- 35Division 35
- E-money payment transactions
- 36Division 36
- 37Division 37
- Money remittances
- 38Division 38
- 39Division 39
- Payment initiation services
- 40Division 40
- 41Division 41
- 42Division 42
- Part 2.4: Fraudulent payment transactions involving non-MFIs (Tables 5a and 5b)
- Part 2.4.1: Fraudulent payment transactions involving non-MFIs (Table 5a)
- 1Division 1
- 2Division 2
- 3Division 3
- 4Division 4
- 5Division 5
- 6Division 6
- Fraudulent credit transfers
- 7Division 7
- 8Division 8
- 9Division 9
- Fraudulent direct debits
- 10Division 10
- 11Division 11
- 12Division 12
- Fraudulent card-based payment transactions
- 13Division 13
- 14Division 14
- 15Division 15
- Fraudulent cash withdrawals using card-based payment instruments (except e-money transactions)
- 16Division 16
- Fraudulent e-money payment transactions
- 17Division 17
- 18Division 18
- 19Division 19
- 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)
- 1Division 1
- 2Division 2
- 3Division 3
- 4Division 4
- 5Division 5
- 6Division 6
- Fraudulent credit transfers
- 7Division 7
- 8Division 8
- 9Division 9
- Fraudulent direct debits
- 10Division 10
- 11Division 11
- 12Division 12
- Fraudulent card-based payment transactions
- 13Division 13
- 14Division 14
- 15Division 15
- Fraudulent cash withdrawals using card-based payment instruments (except e-money transactions)
- 16Division 16
- 17Division 17
- 18Division 18
- Fraudulent e-money payment transactions
- 19Division 19
- 20Division 20
- 21Division 21
- Part 2.5: Payment transactions per type of terminal involving non-MFIs (Table 6)
- 1Division 1
- 2Division 2
- 3Division 3
- 4Division 4
- 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:
- 6Division 6
- 7Division 7
- 8Division 8
- 9Division 9
- 10Division 10
- 11Division 11
- Part 2.6: Participation in selected payment systems (Table 7)
- 1Division 1
- 2Division 2
- 3Division 3
- 4Division 4
- Part 2.7: Payments processed by selected payment systems (Table 8)
- 1Division 1
- 2Division 2
- 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:
- 4Division 4
- 5Division 5
- 6Division 6
- 7Division 7
- 8Division 8
- 9Division 9
- 10Division 10
- 11Division 11
- Part 2.8: Quarterly reporting of payment transactions involving non-MFIs (Table 9)
- 1Division 1
- Card-based payment transactions
- 2Division 2
- 3Division 3
- 4Division 4
- 5Division 5
- 6Division 6
- Annex IIDATA DEFINITIONS
- Annex IIIREPORTING SCHEMES
- Annex IVMINIMUM STANDARDS TO BE APPLIED BY THE ACTUAL REPORTING POPULATION
- 1Minimum standards for transmission:
- 2Minimum standards for accuracy:
- 3Minimum standards for compliance with concepts:
- 4Minimum standards for revisions: