EBA欧洲银行-Final-Report-on-Guidelines-on-the-exemption-to-the-fall-back_116页_1mb

Summary of EBA Guidelines on Exemption from Contingency Mechanism under Article 33(6) of Regulation (EU) 2018/389

Core Content

The European Banking Authority (EBA) has issued final Guidelines (GL) on the conditions for ASPSPs to benefit from an exemption from the contingency mechanism (fall back) under Article 33(6) of the RTS on Strong Customer Authentication (SCA) and Common and Secure Communication (CSC). These guidelines are based on the Consultation Paper (CP) published in June 2018 and aim to ensure consistent application of the exemption conditions across all 28 EU Member States.

Main Views and Key Information

1. Regulatory Context

• Directive (EU) 2015/2366 (PSD2) entered into force on 12 January 2016 and applies as of 13 January 2018.
• Article 98(1) of PSD2 mandated the EBA to develop RTS on SCA and CSC.
• The final RTS, published on 13 March 2018, became applicable on 14 September 2019.
• Article 33(6) of the RTS allows competent authorities (CAs) to exempt ASPSPs from the contingency mechanism if they meet four conditions.

2. Exemption Conditions and Clarifications

• The EBA has issued GL to clarify the conditions that CAs should consider when determining whether an ASPSP qualifies for an exemption.
• The four conditions under Article 33(6) include:
  • The dedicated interface meets the legal requirements for access and data under PSD2 and the RTS.
  • The interface is available and performs in line with the service level targets.
  • The interface is widely used by TPPs.
  • The ASPSP has demonstrated the interface's design and functionality in compliance with the RTS.

3. Involvement of Third-Party Payment Service Providers (TPPs)

• The EBA has clarified that ASPSPs must involve TPPs in the design and testing of the dedicated interface.
• GL 6.6 requires ASPSPs to provide CAs with feedback from TPPs and an explanation of how they addressed any issues identified during testing.
• GL 6.7 allows CAs to consider problems reported by TPPs to the EBA when assessing compliance with the design condition.

4. Availability and Performance of Dedicated Interfaces

• GL 2.1 and 3.2 require ASPSPs to define and publish KPIs for the dedicated interface.
• The EBA has introduced new KPIs:
  • Daily average response time for providing information to TPPs.
  • Error response rate for data transmission to TPPs.
• The EBA has simplified the calculation of availability KPIs, removing the distinction between planned and unplanned unavailability.

5. Assessment of Obstacles to AIS and PIS

• The EBA clarifies that redirection is not an obstacle in itself, but may become one if it creates unnecessary delay or friction.
• GL 5.1(b) requires ASPSPs to provide evidence that the dedicated interface does not cause obstacles in the customer journey.
• Examples of evidence include customer testing results, journey examples, and other relevant documentation.

6. 'Widely Used' Condition

• The EBA acknowledges that the 'widely used' condition is challenging to assess, especially before the 14 September 2019 deadline.
• GL 7.1 and 7.2 now include a broader range of factors in the assessment:
  • Number of TPPs available and using the interface.
  • Number of successful requests sent via the interface.
  • Steps taken by ASPSPs to achieve wide usage.
  • Any discrepancies between testing participation and production interface usage.
• The EBA emphasizes that the condition should be assessed based on the production interface, not testing data.

7. Timelines for Exemption

• The EBA notes that the timelines for meeting the conditions before the 14 September 2019 deadline are tight.
• ASPSPs are encouraged to start testing as early as possible, ideally before 14 March 2019.
• Production interfaces should be launched before 14 June 2019 to ensure sufficient time for evidence collection and CA assessment.

8. Additional Measures

• The EBA encourages TPPs to test and provide feedback to ASPSPs to help improve the quality of dedicated interfaces.
• ASPSPs are required to publish data on the availability and performance of their dedicated interfaces, enabling TPPs and PSUs to compare with other interfaces.
• CAs are required to consult with the EBA when assessing exemption applications.

Next Steps

• The GL will be translated into all official EU languages and published on the EBA website.
• CAs must report on their compliance with the GL within two months of the publication of the translations.
• The GL will apply from 1 January 2019.

Key Changes

• Clarified that the dedicated interface must meet the same performance and availability standards as other customer-facing interfaces.
• Added new KPIs for measuring performance and error rates.
• Required ASPSPs to involve TPPs in the design and testing process.
• Provided more detailed requirements for assessing obstacles and the 'widely used' condition.
• Set clear timelines for ASPSPs to prepare for the exemption process.