1. Member States shall ensure that the controls
exercised by the competent authorities for checking continued compliance
with this Title are proportionate, adequate and responsive to the risks
to which payment institutions are exposed.
In order to check compliance with this Title, the
competent authorities shall, in particular, be entitled to take the
(a) to require the payment institution to
provide any information needed to monitor compliance specifying the
purpose of the request, as appropriate, and the time limit by which the
information is to be provided;
(b) to carry out on-site inspections at the
payment institution, at any agent or branch providing payment services
under the responsibility of the payment institution, or at any entity to
which activities are outsourced;
(c) to issue recommendations, guidelines and, if applicable, binding administrative provisions;
(d) to suspend or to withdraw an authorisation pursuant to Article 13.
2. Without prejudice to the procedures for the
withdrawal of authorisations and the provisions of criminal law, the
Member States shall provide that their respective competent authorities,
may, as against payment institutions or those who effectively control
the business of payment institutions which breach laws, regulations or
administrative provisions concerning the supervision or pursuit of their
payment service business, adopt or impose in respect of them penalties
or measures aimed specifically at ending observed breaches or the causes
of such breaches.
3. Notwithstanding the requirements of Article 7,
Article 8(1) and (2) and Article 9, Member States shall ensure that the
competent authorities are entitled to take steps described under
paragraph 1 of this Article to ensure sufficient capital for payment
services, in particular where the non-payment services activities of the
payment institution impair or are likely to impair the financial
soundness of the payment institution.