Changes from plenary report to adopted text

(gb) an exhaustive list of the methods that can be used as a unique identifier;

(gc) the criteria for the exclusion for payment transactions from the payer to the payee through a commercial agent referred to in Article 2(2), point (b).

2. When developing the draft regulatory technical standards referred to in paragraph 1, the EBA shall take into account:

(a) the need to ensure an appropriate level of security for payment service users and payment service providers, through the adoption of effective and risk-based requirements;

(b) the need to ensure the safety of payment service users’ funds and personal data;

(c) the need to secure and maintain fair competition among all payment service providers;

(d) the need to ensure technology and business-model neutrality;

(e) the need to allow for the development of user-friendly, accessible and innovative means of payment;

(ea) the need to balance fraud risk versus the consumer experience with regards to low value transactions;

(eb) the different situation and specific needs of consumer and corporate payers.

The EBA, before submitting its draft regulatory technical standards to the Commission, shall hold an open consultation with public and private stakeholders in order to ensure that the most up to date advances in technology and payment processing, as well as the specificities of business to business and business to government transactions, are taken into account in the draft regulatory technical standards.

The EBA shall submit the draft regulatory technical standards referred to in paragraph 1 to the Commission by [ OP please insert the date= 1 year after the date of entry into force of this Regulation]. Power is delegated on the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.

3. In accordance with Article 10 of Regulation (EU) No 1093/2010, the EBA shall review and, if appropriate, update the regulatory technical standards on a regular basis in order, inter alia, to take account of innovation and technological developments, and the provisions of Chapter II of Regulation (EU) 2022/2554, and the European Digital Identity Wallets implemented under Regulation (EU) No 910/2014.

Competent authorities and investigatory powers

1. Competent authorities shall exercise their powers to investigate potential infringements of this Regulation, and impose administrative sanctions and administrative measures laid down in their national legal frameworks in accordance with this Regulation, in any of the following ways:

(a) directly;

(b) in collaboration with other authorities;

(c) by delegating powers to other authorities or bodies, while retaining the responsibility for overseeing the delegated authority or body;

(d) by applying to the competent judicial authorities.

Where competent authorities delegate the exercise of their powers to other authorities or bodies in accordance with point (c) the delegation of power shall specify the delegated tasks, the conditions under which they are to be carried out, and the conditions under which the delegation of power may be revoked. The authorities or bodies to which the powers are delegated shall be organised in such a manner as to ensure that conflicts of interest are avoided. Competent authorities shall oversee the activity of the authorities or bodies to which the powers are delegated.

2. Member States shall designate competent authorities to ensure and monitor effective compliance with this Regulation. Those competent authorities shall take all appropriate measures to ensure such compliance.

The competent authorities shall be either:

(a) public authorities;

(b) bodies recognised by national law or by public authorities expressly empowered for that purpose by national law, including national central banks.

The competent authorities shall be independent from economic bodies and avoid conflicts of interest. Without prejudice to paragraph 2, point (b), payment institutions, credit institutions, or post office giro institutions shall not be designated as competent authorities.

3. The competent authorities referred to in paragraph 2 shall possess all investigatory powers and adequate resources necessary for the performance of their tasks.

Those powers shall include:

(a) in the course of procedures to investigate potential breaches of this Regulation, the power to require from, inter alia, the following natural or legal persons, all information necessary to carry out that investigation:

(i) payment services providers;

(ii) technical service providers and payment system operators;

(iii) ATM deployers which do not service payment accounts;

(iv) electronic communications services providers;

(v) natural persons belonging to the entities referred to in points (i), (ii) and (iii);

(vi) third parties to whom the entities referred to in points (i), (ii) and (iii) have outsourced operational functions or activities;

(vii) agents and distributors of the entities referred to in points (i), (ii) and (iii) and their branches established in the Member State concerned;

(b) the power to conduct all necessary investigations of any person referred to in points (a) (i) to (vii) established or located in the Member State of the competent authority or providing services therein, where necessary to carry out the tasks of the competent authorities, including the power to:

(i) require the submission of documents;

(ii) examine the books and records of the persons referred to in points (a) (i) to (vii) and take copies or extracts from such books and records;

(iii) obtain written or oral explanations from any person referred to in points (a) (i) to (vii) or their representatives or staff, where applicable;

(iv) interview any other natural person who consents to be interviewed for the purpose of collecting information relating to the subject matter of an investigation;

(c) the power to conduct all necessary inspections at the business premises of the legal persons or of the natural persons referred to in points (a)(i) to (vii), subject to the prior notification of the competent authorities concerned.

4. Where the law of a Member State lays down criminal sanctions applicable to infringements of this Regulation in accordance with Article 96, paragraph (2), that Member State shall have in place the necessary laws, regulations and administrative provisions to enable competent authorities:

(a) to liaise with competent judicial authorities in order to receive specific information regarding criminal investigations of alleged infringements of this Regulation, criminal proceedings commenced in respect of such alleged infringements, and the outcome of such proceedings including the final judgement;

(b) to provide such information to other competent authorities and the EBA to fulfil their obligation of cooperating with each other and with the EBA for the purposes of this Regulation.

5. The implementation and the exercise of powers set out in this Article shall be proportionate and shall comply with Union and national law, including with applicable procedural safeguards and with the principles of the Charter of Fundamental Rights of the European Union. The investigation and enforcement measures adopted in application of this Regulation shall be appropriate to the nature and the overall actual or potential harm of the infringement.

6. By [ OP please insert the date= the date of entry into force of this Regulation], the EBA shall issue guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010, on complaints procedures, including the channels for submission of complaints, the information requested from complainants, and the disclosure of the aggregate analysis of complaints referred to in Article 90(1).