1. In order to carry out the controls and take
the necessary steps provided for in this Title and in the provisions of
national law transposing Titles III and IV, in accordance with Article
100(4), in respect of the agent or branch of a payment institution
located in the territory of another Member State, the competent
authorities of the home Member State shall cooperate with the competent
authorities of the host Member State.
By way of cooperation in accordance with the first
subparagraph, the competent authorities of the home Member State shall
notify the competent authorities of the host Member State where they
intend to carry out an on-site inspection in the territory of the
latter.
However, the competent authorities of the home
Member State may delegate to the competent authorities of the host
Member State the task of carrying out on-site inspections of the
institution concerned.
2. The competent authorities of the host Member
States may require that payment institutions having agents or branches
within their territories shall report to them periodically on the
activities carried out in their territories.
Such reports shall be required for information or
statistical purposes and, as far as the agents and branches conduct the
payment service business under the right of establishment, to monitor
compliance with the provisions of national law transposing Titles III
and IV. Such agents and branches shall be subject to professional
secrecy requirements at least equivalent to those referred to in Article
24.
3. The competent authorities shall provide each
other with all essential and/or relevant information, in particular in
the case of infringements or suspected infringements by an agent or a
branch, and where such infringements occurred in the context of the
exercise of the freedom to provide services. In that regard, the
competent authorities shall communicate, upon request, all relevant
information and, on their own initiative, all essential information,
including on the compliance of the payment institution with the
conditions under Article 11(3).
4. Member States may require payment institutions
operating on their territory through agents under the right of
establishment, the head office of which is situated in another Member
State, to appoint a central contact point in their territory to ensure
adequate communication and information reporting on compliance with
Titles III and IV, without prejudice to any provisions on anti-money
laundering and countering terrorist financing provisions and to
facilitate supervision by competent authorities of home Member State and
host Member States, including by providing competent authorities with
documents and information on request.
5. EBA shall develop draft regulatory technical
standards specifying 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 paragraph 4.
Those draft regulatory technical standards shall, in particular, take account of:
(a)
the total volume and value of transactions carried out by the payment institution in host Member States;
(b)
the type of payment services provided; and
(c)
the total number of agents established in the host Member State.
EBA shall submit those draft regulatory technical standards to the Commission by 13 January 2017.
6. EBA shall develop draft regulatory technical
standards specifying the framework for cooperation, and for the exchange
of information, between the competent authorities of the home Member
State and of the host Member State in accordance with this Title and to
monitor compliance with the provisions of national law transposing
Titles III and IV. The draft regulatory technical standards shall
specify the method, means and details of cooperation in the supervision
of payment institutions operating on a cross-border basis and, in
particular, the scope and treatment of information to be exchanged, to
ensure consistent and efficient supervision of payment institutions
exercising cross-border provision of payment services.
Those draft regulatory technical standards shall
also specify the means and details of any reporting requested by host
Member States from payment institutions on the payment business
activities carried out in their territories in accordance with paragraph
2, including the frequency of such reporting.
EBA shall submit those draft regulatory technical standards to the Commission by 13 January 2018.
7. Power is delegated to the Commission to adopt
the regulatory technical standards referred to in paragraphs 5 and 6 in
accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
