Payment Services Directive
The Payment Services Directive (PSD, 2007/64/EC) is an , administered by the to regulate payment services and throughout the (EU) and (EEA). The Directive’s purpose was to increase pan-European competition and participation in the payments industry also from non-banks, and to provide for a level playing field by harmonizing consumer protection and the rights and obligations for payment providers and users.
Contents
Overview
The is a self-regulatory initiative by the European banking sector represented in the , which defines the harmonization of payment products, infrastructures and technical standards (Rulebooks for /, , IBAN, XML message format, chip cards/terminals). The PSD provides the legal framework within which all payment service providers must operate.
The PSD’s purpose in regard to the payments industry was to increase pan-European competition with participation also from non-banks, and to provide for a level playing field by harmonizing consumer protection and the rights and obligations for payment providers and users. Although the PSD is a Directive, certain elements allow for different options by individual countries.
The final adopted text of PSD went into force 25 December 2007 and was to be transposed into national legislation by all EU and EEA member states by 1 November 2009 at the latest.
Technical overview
The PSD contains two main sections:
- The ‘market rules’ describe which type of organizations can provide payment services. Next to credit institutions (i.e. banks) and certain authorities (e.g. central banks, government bodies), the PSD mentions Electronic Money Institutions, created by the E-Money Directive in 2000, and created the new category of ‘Payment Institutions’ with its own prudential regime rules. Organizations that are not credit institutions or EMIs, can apply for an authorization as a Payment Institution if they meet certain capital and risk management requirements, in any EU country of their choice where they are established and then “passport” their payment services into other EU member states without additional PI requirements.
- The ‘business conduct rules’ specify what transparency of information payment service institutions need to provide, including any charges, exchange rates, transaction references and maximum execution time. It stipulates the rights and obligations for both payment service providers and users, how to authorize and execute transactions, liability in case of unauthorized use of payment instruments, refunds on payments, revoking payment orders, and value dating of payments.
Each country had to designate a ‘Competent Authority’ for prudential supervision of the PIs and to monitor compliance with business conduct rules, as transposed into national legislation.
Updates
The PSD was updated in 2009 (EC Regulation 924/2009) and 2012 (EU Regulation 260/2012). An implementation report from 2013 found the PSD facilitated “provision of uniform payment services across the EU” and reduced legal and production costs for many payment service providers and that “the expected benefits have not yet been fully realised”. The same report found the 2009 update “… to be functioning well. For example, charges for 100 EUR transfers followed a further downward trend to 0.50 EUR euro-area average for transfers initiated online and remained low, at 3.10 EUR for transfers initiated at the bank counter”.
Commissioner , responsible for Financial Stability, Financial Services and Capital Markets Union, said, “This legislation is a step towards a digital single market; it will benefit consumers and businesses, and help the economy grow.”
The EU and many banks are pushing this development with the new Payments Service Directive 2 (PSD2), which will come into force in 2018. Banks need to adapt to these changes that open many technical challenges, but also many strategic opportunities for the future.
Key dates
- March 2000: to make Europe “the world’s most competitive and dynamic knowledge-driven economy” by 2010
- December 2001: regulation EC 2560/2001 on cross-border payments in Euro
- 2002: created by the banking industry, driving the initiative to harmonize the main non-cash payment instruments across the Euro area (by end 2010)
- 2001–2004: consultation period and preparation of PSD
- December 2005: proposal for PSD by DG Internal Market Commissioner
- 25 December 2007: PSD entered into force
- 1 November 2009: deadline for transposition in national legislation
- 2009 update: eliminated differences in charges for cross-border and national payments in euro (EC Regulation 924/2009)
- 2012 update: Regulation on cross-border payments, ‘multilateral interchange fees'(EU Regulation 260/2012)
- July 2013: report on implementation of PSD and its two updates
- 16 November 2015: The Council of the European Union passes PSD2, giving member states two years to incorporate the directive into their national laws and regulations.<ref name=”PSD2 passed” />
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