Draft circular on rules for sending payment statistics to the Banco de España, in accordance with ECB Regulation (EU) 1409/2013 of November 28 and Article 67.4 of Royal Decree-Law 19/2018 of November 23.
This draft Circular establishes rules on:
- The procedure for the submission of statistical information to the Bank of Spain by reporting agents.
- The periodicity of the statistical information to be submitted to the Bank of Spain.
- The power of the Bank of Spain to exempt certain reporting agents from complying with statistical reporting obligations.
The Circular consists of 6 rules, a transitory provision, a derogatory provision and a final provision. The most important contents are the following:
- This Circular shall be applicable to payment service providers, as defined in Article 3(32) of Royal Decree-Law 19/2018, with an establishment in Spain; and payment system operators, as defined in Article 1(d) of Regulation 1409/2013, established in Spain.
- The statistical data on fraud related to different means of payment referred to in Article 67.4 of Royal Decree-Law 19/2018 shall be understood to be provided to the Bank of Spain with the remittance by the payment service providers of the corresponding statistical information.
- Reporting agents shall submit the statistical information specified in Regulation 1409/2013, by telematic means, to the Payment Systems Department of Banco de España, in accordance with the formats, conditions and requirements established in the technical applications for the development of this Circular.
- The statistical information specified in Regulation 1409/2013 shall be transmitted to the Bank of Spain by the reporting agents that correspond in each case with the following periodicity: quarterly, half-yearly, annual.
- The Bank of Spain may exempt from compliance with the statistical reporting obligations referred to in Article 3, paragraph 1, of Regulation 1409/2013 the individuals or legal entities that provide payment services under the exemption regime provided for in Article 14 of Royal Decree-Law 19/2018, provided that the conditions set forth in Article 4, paragraph 3, of said Regulation are met, and in accordance with the procedure established for such purpose in the technical applications for the development of this Circular.
- The submission to the Bank of Spain by reporting agents of quarterly and half-yearly statistical information will commence with the submission of quarterly data for the first quarter of 2022 no later than the last working day of April 2022, and with the submission of half-yearly data for the first half of 2022 no later than the last working day of August 2022.
The public hearing will be open until January 17, 2022.
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