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EUROPEAN COMMISSION

DIRECTORATE-GENERAL

TAXATION AND CUSTOMS UNION

Indirect Taxation and Tax Administration

Tax administration and fight against tax fraud

Guidelines for the reporting of payment data from

payment service providers and transmission to the

Central Electronic System of Payment information

(CESOP)

Disclaimer: These guidelines are not legally binding and only contain practical and informal guidance

about how EU law should be applied on the basis of the views of the Commission’s Directorate-General

for Taxation and Customs Union.

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These Guidelines aim at providing a better understanding of certain parts of the EU VAT

legislation. They have been prepared by the Commission Services in collaboration with Member

States and payment service providers and, as indicated in the disclaimer on the first page, they

are not legally binding.

These Guidelines are not exhaustive. This means that although they provide detailed

information on a number of issues, there might be elements that are not included in this

document.

It is advisable and recommended for any user of the Guidelines, interested in a particular topic,

to read the whole chapter which is dealing with that specific subject.

Please note that this is an explanatory document which is intended only to assist in the

implementation of CESOP by stakeholders. Should there be any conflict or specific ambiguities

between these Guidelines and EU and national legislation, the legislative provisions should be

referred to and will take precedence.

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Table of Contents

1 Introduction ....................................................................................................................................... 6

2 Scope of the reporting obligation ...................................................................................................... 7

2.1 The entities in scope ...................................................................................................................... 7

2.1.1 Territorial scope – the situation of European Economic Area countries and Northern

Ireland ................................................................................................................................ 9

2.2 Payments in scope ....................................................................................................................... 10

2.2.1 Credit transfer .................................................................................................................. 13

2.2.2 Direct Debit ..................................................................................................................... 14

2.2.3 Money remittance ............................................................................................................ 15

2.2.4 Card Payment .................................................................................................................. 16

2.2.5 Electronic money ............................................................................................................. 21

2.2.6 The case of marketplaces and intermediaries collecting funds in their own name ......... 25

2.3 The payment services in scope .................................................................................................... 27

2.3.1 Payment methods with limited use – vouchers ............................................................... 27

2.3.2 Vouchers and refund ....................................................................................................... 28

2.3.3 The use of vouchers together with in-scope payment methods ....................................... 29

2.4 Practical application per payment method .................................................................................. 31

2.4.1 Credit transfer .................................................................................................................. 31

2.4.2 Direct Debit ..................................................................................................................... 31

2.4.3 Money remittance ............................................................................................................ 32

2.4.4 Card payments ................................................................................................................. 33

2.4.5 E-money .......................................................................................................................... 34

2.4.6 Marketplace ..................................................................................................................... 36

3 Monitoring and triggering of the reporting obligation .................................................................... 37

3.1 Cross-border payments - Location rules of Article 243c ............................................................ 37

3.1.1 Table of identifiers to determine the location of the payer and payee ............................ 38

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3.1.2 Practical application ........................................................................................................ 39

3.2 Threshold of 25 cross-border payments under Article 243b (2) ................................................. 47

3.2.1 The basic rule – Calculation of cross-border payments per identifier ............................ 48

3.2.2 The additional rule – Aggregation of cross-border payments per payee ........................ 48

3.2.3 Practical application ........................................................................................................ 50

4 Reporting ......................................................................................................................................... 57

4.1 What triggers the reporting obligation? ...................................................................................... 57

4.2 How often shall the data be reported? ......................................................................................... 58

4.3 Who shall report the data under Article 243b(3)? ....................................................................... 59

4.3.1 Practical application ........................................................................................................ 60

4.3.2 The situation of EEA countries ....................................................................................... 63

4.4 Where should the data be reported? ............................................................................................ 64

4.4.1 Direct provision of payment services in the host Member States ................................... 65

4.4.2 The situation of EEA countries (Iceland, Liechtenstein, Norway) ................................. 65

4.5 What data should be reported by payment service providers? .................................................... 66

4.5.1 Overview of data elements .............................................................................................. 67

4.5.2 Data to be reported per payment method ........................................................................ 73

4.5.3 Data quality aspects ......................................................................................................... 83

5 Rules for (re)submission ................................................................................................................. 86

5.1 Validation of the payment information at the national level ....................................................... 86

5.2 Validation of the payment information at the CESOP level ....................................................... 86

5.3 Resubmissions ............................................................................................................................. 87

5.4 Spontaneously correcting mistakes ............................................................................................. 88

6 Reporting same payee with several transactions............................................................................. 88

7 Final remarks................................................................................................................................... 90

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Version Date Description

1.0 3 August 2022 Version approved for publication

1.1 23 November 2023 Revised version approved for publication

1.2 18 June 2025 Revised version approved for publication

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1 INTRODUCTION

On 18 February 2020, the Council adopted a legislative package to collect payment data in order to

improve the fight against e-commerce VAT fraud. The package is composed of two legal texts:

  • Council Directive (EU) 2020/284 of 18 February 2020 amending Directive 2006/112/EC as

regards introducing certain requirements for payment service providers1 and:

  • Council Regulation (EU) 2020/283 of 18 February 2020 amending Regulation (EU) No

904/2010 as regards measures to strengthen administrative cooperation in order to combat VAT

fraud2.

The new rules will enter into force on 1 st January 2024. The amendments to Directive 2006/112/EC 3

(“the VAT Directive”) create a new reporting obligation for payment service providers established in

the European Union (“EU”) to keep records of the payment s they process and their beneficiaries

(“payees”), while the amendments to Regulation (EU) 904/2010 focus on the development of the Central

Electronic System of Payment information (“CESOP”) , where the data collected will be stored and

processed before being put at the disposal of Member States anti-fraud experts to fight VAT fraud.

The use of payment data is driven by the need to improve the fight against e -commerce VAT fraud,

which is made particularly difficult due to the lack of physical presence of sellers in Member States of

consumption. The use of internet and new technologies has allowed companies to sell goods abroad

without the need to set-up any kind of physical presence. This in turn can make it difficult for Member

States to perform controls as they are dependent on the goodwill o f foreign sellers to declare their

transactions in order to know that they are being active in their territory. Even in the cases where a

Member State is aware that sellers on a website are supplying goods or services in their territory, it can

be extremely difficult to identify the actual seller behind the website. This lack of information makes it

extremely difficult for Member States to request or exchange information with each other as they do not

know with who they should share the information, or to who they should ask for it.

As of 2024, the use of payment data and CESOP will provide anti-fraud experts in Member States with

the information needed to identify sellers abroad that supply goods or services on their territory. The

system is designed to limit the administrative burden on payment service pro viders by collecting data

via a harmonised standard form and restricting the data collected to what is necessary to identify the

sellers and combat e-commerce VAT fraud. No data on the buyer (“payer”) shall be collected, apart from

the estimated Member State of origin of the payment, and data on the seller shall only be collected if it

receives a substantial amount of cross-border payments.

The present guidelines have been drafted in collaboration with experts from the payment sector and

Member States and focus on explaining the rules governing the reporting of payment information. They

detail the scope of the reporting obligation, present the main payment methods currently used in the

European Union to pay for goods and service online , explain what the triggers of the reporting

obligations are and attempt to list the data elements used by payment service providers which could be

reported to CESOP. They are addressed to both payment service providers who will have to report data

under the new reporting obligations, and Member States who will have to collect the data and transmit

1 Council Directive (EU) 2020/284 of 18 February 2020 amending Directive 2006/112/EC as regards introducing certain

requirements for payment service providers (OJ L 62, 2.3.2020, p. 7)

2 Council Regulation (EU) 2020/283 of 18 February 2020 amending Regulation (EU) No 904/2010 as regards measures to

strengthen administrative cooperation in order to combat VAT fraud (OJ L 62, 2.3.2020, p. 1)

3 Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006,

p. 1).

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it to CESOP. They remain however an explanatory document with no legal value. In the case of any

ambiguity, the legal definitions and principles take precedence.

2 SCOPE OF THE REPORTING OBLIGATION

This section focus es on defining the scope of the reporting obligation laid down in Article 243b of

Directive 2006/112/EC as introduced by Council Directive (EU) 2020/284 (“CESOP reporting”).

Article 243b (1) lays down the rules of the reporting obligation:

Member States shall require payment service providers to keep sufficiently detailed records of payees

and of payments in relation to the payment services they provide for each calendar quarter to enable

the competent authorities of the Member States to carry out controls of the supplies of goods and

services which, in accordance with the provisions of Title V, are deemed to take place in a Member

State, in order to achieve the objective of combating VAT fraud.

The requirement referred to in the first subparagraph shall apply only to payment services provided

as regards cross-border payments. A payment shall be considered a cross -border payment when the

payer is located in a Member State and the payee is located in another Member State, in a third

territory or in a third country.

According to this Article, there are three requirements that must apply to trigger the reporting obligation

of a payment service provider (reporting entity):

1. The reporting entity must be a payment service provider as defined in Article 243a (1) of

Directive 2006/112/EC.

2. The reporting entity must provide payment services as defined in Article 243a (2) of Directive

2006/112/EC.

3. The reporting entity must be involved in processing a payment as defined in Article 243a (3) of

Directive 2006/112/EC, between a payer and a payee, where the payer is located in a Member

State and the payee is located in another Member State, in a third territory or in a third country.

These three conditions form the essence of the scope of the reporting obligation and will be detailed in

this section, each one answering one of the following questions:

2.1. What are the entities in scope?

2.2. What are the payments in scope?

2.3. What are the payment services in scope?

In addition to these three elements, two additional conditions are required to trigger the reporting

obligation, the first of which is laid down in Article 243b (1), 2nd subparagraph and requires that the

payments reported are cross-border, while the second is laid down in Article 243b (2) and requires that

the payment service provider executes more than 25 cross-border payments per quarter to a given payee

before transmitting any information. These two conditions to be monitored are detailed in section 3.

2.1 The entities in scope

The reporting obligation is only applicable to the payment service providers defined in Article 243a and

which provide payment services in the European Union. Payment service providers which do not provide

payment services in the European Union do not have to fulfil any reporting obligation.

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As regards the definition of what a payment service provider is, Article 243a refers to the definitions

laid down in Directive (EU) 2015/23664 (“PSD2”). However, not all payment service providers covered

by the PSD2 are automatically subject to the CESOP reporting obligation. Indeed, Article 243a limits

the scope of the reporting obligation to the following four categories of payment service providers:

a) Credit institutions , which covers e.g. fully licensed banks established in Europe as well as

European branches of credit institution s that have their head office outside the EU and which

provide payment services.

b) E-money institutions, which cover s all payment service providers providing payment services

via electronic money (“ E-money”) e.g. electronic wallet providers and electronic voucher/card

providers.

c) Payment institutions, which is a residual category that can cover all companies providing

payment services that do not qualify for any of the other categories listed in the PSD2. It can

include companies that provide payment services such as issuing of credit/debit cards, acquiring

of payment transaction, processing of payments, initiation of payments, platforms, which provide

payment services and act on behalf of both the payer and payee, etc.

a) Post-office giro institutions which provide payment services.

The PSD2 adds to this list central banks and public bodies, however those entities are not in scope of the

reporting obligation for CESOP as they typically do not provide the payment services in scope (see

section 2.3.).

N.B.: the exemption for small payment service providers laid down in Article 32 of the PSD2 is not

applicable to the CESOP reporting obligation. As such, even small payment services providers will

have to report data on payments and payees if all other conditions are fulfilled.

Although the definition of payment service provider s is quite broad and cover s most of the payment

market, it must be read in conjunction with the rules applicable to the payment services in scope. Indeed,

not all payment services are in scope of the reporting obligation . As such, it is possible that an entity

qualifies as a payment service provider under the definition of Article 243a (1) of Directive 2006/112/EC

but does not provide any of the payment services referred to in Article 243a (2). If that is the case, this

payment service provider will not be subject to the reporting obligation. A good example of that is the

situation of payment initiators which are payment institution s but do not provide any of the payment

services in scope (see point 2.3.).

Article 3 (b) of the PSD2 also establishes a special rule which excludes from its scope payments done

either via a commercial agent or via commercial agents who acts only on be half of the payer or the

payee. This implies that payments done either via commercial agents who act on behalf of both the payer

and the payee would be in scope of the PSD2. Thi s is confirmed in recital 11 to the PSD2 which states

that commercial agents who act on behalf of both the payer and the payee must be registered as payment

service providers if they hold funds on behalf of both their clients. This rule is especially important in e-

commerce since it implies that online platforms and marketplaces who hold funds on behalf of their

clients must register as payment service providers (either as payment institution or other categories based

on the service they provide) and will be in scope of the reporting obligation. As such, marketplaces

4 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in

the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No

1093/2010, and repealing Directive 2007/64/EC (Text with EEA relevance) (OJ L 337, 23.12.2015, p. 35).

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which collect funds from the payer, hold them and then distribute them to the payee will have to report

information on the payee to CESOP.

2.1.1 Territorial scope – the situation of Euro pean Economic Area countries

and Northern Ireland

The rules of the PSD2 are applicable to all European Economic Area (“EEA”) countries, which includes

all Member States of the European Union as well as Iceland, Liechtenstein and Norway. This means that

payment service providers wishing to provide payment services in the EEA must obtain a payment

license in their country and respect the other requirements of the Directive if they want to use this license

in another country.

Once a payment service provider from an EEA country has obtained a payment license in its country of

establishment, it will be able to provide payment service in any Member States using the PSD2

passporting rules. These rules allow payment services provider s that have received a payment license

under the PSD2 to supply payment services to any other country of the EEA without the need to request

a new payment license in this country. Instead, the payment service provider will only need to inform

the other countries of its intention to supply payment services on their territory, which can be done either

via a physical presence (for example a branch), the use of a commercial agent, or directly from its country

of establishment via the freedom to provide services.

This means that payment service providers from EEA countries can also be in scope of the reporting

obligation created for CESOP when they provide payment services in a Member State , even without a

physical presence in the European Union.

For more details on how reporting will take place for EEA countries see section 4.4.2

N.B.: although Northern Ireland is part of the EU VAT area as part of the Brexit agreement and its

protocol, the scope of the reporting obligation created by Directive 284/2020 is not subject to any

special arrangements with regard to Northern Ireland and Brexit. As such, payees and payment

service providers established in Northern Ireland must be understood as being established in a third

country (and should be reported as such) for the sake of the CESOP reporting obligation.

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2.2 Payments in scope

The concept of payment is at the centre of the reporting obligation as it encompass es exactly the

information that payment service providers will have to keep in their records. The concept of payment

is closely linked to the definition of “payment transactions” laid down in Article 4 (5) of the PSD25 but

also covers money remittances as defined in Article 4 (22) of the PSD26.

In simple terms, a payment corresponds to a transfer of funds from a payer (the initiator) to a payee (the

beneficiary). The definition of payer and payee are also laid down in Article 243a which directly

references the definition of the PSD2.

The payer is “a natural or legal person who holds a payment account and allows a payment order from

that payment account, or, where there is no payment account, a natural or legal person who gives a

payment order” . The payer is thus the one whose funds are being transferred in execution of the

payment. Although most of the time the payer will also be the initiator of the payment, in the case of

direct debit the payee will initiate the payment following the authorisation granted by the payer in the

direct debit mandate.

The payee on the other hand is “a natural or legal person who is the intended recipient of funds which

have been the subject of a payment transaction ”. The payee is thus the beneficiary of the funds

transferred in execution of the payment. One of the key elements when it comes to the payee is the idea

of “intended recipient”. Payment processing often involve s a multitude of actors and business model s,

and it is not uncommon that when funds are being transferred, they are first passed among various

payment service providers who can retain these funds for a certain period of time before transferring

them to the payee. These payment service providers must not be confused with the payee as they are not

the intended recipient of the payment from the payer but mere intermediaries. As such, the information

that needs to be reported must regard the payee and not the intermediaries. However, since payment

service providers rely on the information provided in the payment request, there are situations where an

intermediary will appear as the beneficiary of the payment. These situations are detailed further in point

2.2.6.

As such, the payment s to be reported to CESOP correspond to the transfer of funds from a natural or

legal person whose funds are being transferred, to a natural or legal person who is the intended recipient

of these funds.

N.B.: under Article 243b, only payment that are initiated by a payer in the European Union are in

scope of the reporting obligation. The payee on the other hand can be located in another Member

States, a third territory or a third country.

In practice, this means that the payment in scope includes:

  • payments from a payer in a Member State to a payee in another Member States (to be reported

by the payee’s payment service provider see section 4.3).

  • payments from a payer in a Member State to a payee in a third territory or third country (to

be reported by the payer’s payment service provider see section 4.3).

5 ‘Payment transaction’ means an act, initiated by the payer or on his behalf or by the pay ee, of placing, transferring or

withdrawing funds, irrespective of any underlying obligations between the payer and the payee .

6 ‘Money remittance’ means a payment service where funds are received from a payer, without any payment accounts

being created in the name of the payer or the payee, for the sole purpose of transferring a corresponding amount to a

payee or to another payme nt service provider acting on behalf of the payee, and/or where such funds are received on

behalf of and made available to the payee.

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On the other hand, payments from a payer which is not in a Member States to a payee in a Member

State are out of scope of the reporting obligation.

Although this definition can seem easy to comprehend, it must be pointed out that a payment between a

buyer (payer) and a seller (payee) of goods or services often involves a multitude of payment services

providers on both sides of the payment chain which all exchange information and transfer funds between

each other in order to execute the payment between the buyer and the seller. The figure below illustrates

this complexity using the example of a credit transfer.

Figure 1 – Overview of a credit transfer payment

The figure highlights four different types of flows in order to execute a single payment between the

buyer (payer) and the seller (payee):

− The service flow correspond s to the various services that are provided by the different actors.

The payer’s and payee’s banks provide payment services to their client while the clearing house

provides clearing services to both payment service providers.

− The money flow corresponds to the movement of funds between the various actors. Indeed, the

transfer of funds between the payer and the payee does not take the form of a single movement

from one to the other, but instead correspond to a series of exchanges where the paye r’s bank

will first take the fund s from the payer’s account before transferring them to the payee’s bank

which will credit the payee’s account.

− The information flow corresponds to the exchange of information between the various actors in

order to authorise, process and execute a payment. The payer will provide its payment service

provider with information on the payee and the amount it wishes to transfer. Its bank will then

use this information to identify the payee’s bank and determine where it must send the funds.

With the use of modern technology, these processes are almost immediate nowadays.

− The settlement information flow corresponds to the exchange of information between payment

service providers and/or clearing house in order to proceed to the clearing and settlement between

the actors. This flow is completely distinct from the payment between the payer and the payee

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and focuses on allowing the payment service providers involved in the payment to exchange the

information and/or settle the debt created between themselves in execution of the payment.

All these various flow s can cover one or several payment(s), however only the information flow will

provide the relevant information on the payment between the payer and the payee. In that regard, one of

the key stages of the information flow is the so-called “authorisation process” where a payment service

provider will send information on the payment to the other payment service provider for the second to

validate the details of the payment and confirm that the payment can take place. In modern days, this

authorisation process takes place in a matter of seconds after the initiation of the payment and contains

most of the data required under the CESOP reporting.

Even though the information has been recorded already, payment service providers do not transfer funds

between each other at each payment transaction request, as this would imply enormous computing

process between themselves for each of the millions payment transactions that are processed every day.

To facilitate their activities, most payment service provider s consolidate payment transaction s over a

period of time that can be more or less extensive and only transfer the funds between themselves at the

end of this period, taking into consideration the amount they owe to another payment service provider

and the amount this payment service provider owes them. This periodic transfer of funds between

payment service providers is generally referred to as “settlement”.

This is why the reporting obligation for CESOP is based on the information flow and the exchange of

data between payment service providers (which is nearly instantaneous and includes information on the

payer and the payee at transaction level) and not on the actual flow of money between themselves (which

is done periodically using aggregated amounts of all payments authorised for a certain period).

The following sections will detail , for each of the main payment methods currently in scope of the

reporting obligation, how they function, who the actors involved are, and how the information flow takes

place. The examples provided here are not exhaustive as existing payment methods can evolve and vary

and new payment methods could be developed in the future.

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2.2.1 Credit transfer

Figure 2 – Functioning of a credit transfer payment

Credit transfer forms one of the oldest and most common form of transferring funds. All cross -border

credit transfers in the European Union follow the rules established by the SEPA regulation and the

schemes developed by the European Payment Council.

Credit transfer generally involve 3 different actors to process the payment:

  • The payer’s bank which holds the payer’s payment account where the funds will be taken from.
  • The payee’s bank which holds the payee’s payment account which will receive the funds.
  • The payment system which provides clearing and/or settlement services to the banks in order to

help them clear and/or settle the debt created by the various transfer of funds they execute.

Alternatively, payment service providers might exchange payments and settle the debt directly

or through other intermediaries.

In the figure, the information flow is highlighted by the blue numbers and takes place as follows:

1. The payer will initiate the payment order by providing the payee’s details to its bank and

requesting it to transfer a certain amount of funds to the payee’s bank account.

2. The payer’s bank will use the information provided by the payer to carry out a credit transfer.

The payer’s bank will then provide the information provided by the payer to the payee’s payment

service provider to credit the funds to the bank accounts of the payee.

3. The payee’s bank will verify the information provided by the payer’s bank in the credit transfer

request (e.g. that the bank account exist).

Once these steps are concluded, both the payer’s and payee’s banks have exchanged all the information

necessary to execute the payment and hold almost all the mandatory information required under Article

243d (for details on the information to provide, see section 4.5).

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It is important to note that while the payment transaction can already be considered completed and

recorded in the payment service providers records at the end of step 3, no actual transfer of funds has

occurred between any of the payment services providers involved. The transfer of funds only occur s at

a later stage which corresponds to the settlement and flow of money between the actors.

This settlement will take place as follows:

4. The payer’s bank will debit the payer’s bank account by the amount that has to be transferred to

the payee.

5. The payee’s bank on the other side will credit the amount of the payment transaction in the

payee’s account immediately after that amount is credited to the payee’s payment service

provider, so that the payee receive s the funds in the required timeline ( typically 1 business day

for EU credit transfers).

While the payment transaction between the payer and the payee requires that the payer transfers funds

to the payee, it is actually possible that when both entities settle their debt at a later stage, the payee’s

bank is the one with a negative balance which will need to be paid to the payer’s bank, if it has executed

more transactions in favour of the payer’s bank than it has received from it. This show s the importance

of differentiating the exchange of data between the payer’s bank and the payee’s bank which relates

directly to the payment transaction between the payer and the payee, from the exchange of funds between

the two payment services providers w hich relates to their own activities and is not in scope of the

reporting (as it is excluded from the definition of payments following Article 3 (m) of the PSD2).

2.2.2 Direct Debit

Direct debits are mainly subject to the SEPA regulation. However, there are no international schemes

currently in place for non-SEPA direct debit. As such, these situation s remain rare in the practice and

payment service providers will generally adopt specific rules between themselves for such transactions,

which are often based on national practices or the SEPA rules themselves.

The presentation of direct debit that is done here is based on the SEPA rules.

Figure 3 – Functioning of a direct debit payment.

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The actors in direct debits are the exact same as for credit transfers (see point 2.2.1.).

The main difference between direct debits and credit transfers lies in the fact that direct debit s will be

initiated by the payee, on the basis of a mandate granted by the payer . They will not be initiated by the

payer.

In the figure, the information flow takes place as follows:

1. Based on the mandate previously granted by the payer, the payee will initiate a series of direct

debit requests to transfer funds from the payer’s account to its account.

2. The payee’s payment service provider will create the request and send it to the payer’s payment

service provider for execution.

3. The payer’s payment service provider will check that funds are available and that the details of

the request are correct. If so, the payer’s payment service provider will debit the direct debit

transaction at the due date.

These steps already include almost all the mandatory data to be reported to CESOP. They are then

followed by the settlement phase where funds are effectively moved between the payment service

providers (similar to credit transfers):

4. On the due date, the payer’ payment service provider will debit the payer’s account of the funds

to be transferred.

5. The payee’s payment service provider will credit the payee’s account with the amount of the

payment transaction in the payee’s account immediately after that amount is credited to the

payee’s payment service provider, so that the payee receives the funds in the required timeline.

As for credit transfers, the exchanges of funds between payment service providers in execution of the

settlement constitutes a separate operation for their own activities which is out of scope of reporting

obligation.

2.2.3 Money remittance

Money remittance is one of the oldest forms of transferring funds between people. Nowadays, this

payment method has been supplanted by other methods such as credit transfer which offer s similar

functionalities at a reduced cost and faster execution. In the EU, this payment method is mainly used for

so called “friend & family” payments between citizens sending funds abroad. However, it is still used

commercially in other countries and is as such within the scope of the reporting obligation.

One particularity of money remittances compared to other forms of payments is the possibility to transfer

funds without an existing payment account for the payee. Although modern remittances sometimes offer

the possibilities to send funds directly to a bank account, it is still possible to send funds abroad via

money remittance without the need to introduce the payee’s payment account details. This particularity

justifies the introduction of Article 243d (1)(e) in Directive 2006/112/EC, which requires that the BIC

or other unique identifier of the payment service provider acting on behalf of the payee ( the

“disbursement partner”) be transmitted when there is no payment account of the payee. This information

allows the system to identify who is the entity receiving the funds on behalf of the payee.

Money Remittances generally involve two entities:

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  • The money remittance institution which will be used by the payer to transfer funds to the payee.
  • The disbursement partner, which is a second money remittance institution who will receive the

funds and make them available to the payee.

Figure 4 – Functioning of a money remittance payment.

In the figure, the information flow is highlighted by the blue numbers and takes place as follows:

1. The payer will initiate a money remittance request by providing its payment service provider

with the details of the payee and the transaction.

2. The payment service provider of the payer (money remittance institution) will create the

transaction and forward it to the disbursement partner in another MS or third country or territory.

3. The disbursement partner ( payment service provider of the payee) will check the data in the

request and validate it if correct.

4. The disbursement partner will put the money at the disposal of the payee.

2.2.4 Card Payment

Card payments are probably the most used form of payment for e-commerce transactions in Europe.

Although they are also subject to legislative oversight, the details of the rules applicable to the exchanges

of data for processing card payments are laid down in the various rulebooks establish ed by the card

scheme providers. Although each scheme provider is free to establish its own rules, the market is still

highly standardised via the use of different standards, such as the “Volume”7, a document drafted by the

European Cards Stakeholder Association , which lays down the rules applicable for the exchange of

7 https://www.e-csg.eu/scs-volume-v9

17

information between the payment service providers involved in card payments within the SEPA area, or

the EMVco standards8.

The processing of card payments generally involves three main actors:

− The card scheme provider establishes the rulebook applicable to the card. The card scheme

provider can be a payment service provider if it distributes the cards itself or provide s other

payment services linked to the card (such as acquiring payment transaction s). This is typically

the case in a 3-party card scheme where the card scheme provider will act as both the card issuer

and the commercial acquirer. On the other hand, 4 -party card schemes typically imply that the

card scheme provider will not provide any payment services and as such will not be a payment

service provider.

− The card issuer is the payment service provider responsible for providing the payment card (debit

or credit card) to the payer and executing payment transactions on his behalf.

− The commercial acquirer is the payment service provider responsible for acquiring the various

payment transaction s on behalf of the payee. A commercial acquirer will aggregate all the

payment transactions executed over a period of time and send the consolidate d amount to the

payee on a regular basis.

Technical service provider s are entities contracted by card acquirer s or merchants to provide services

necessary for the processing of card payments. One of the most important services is the provision of a

terminal or dedicated webpage which can capture the card details and initiate the payment process

(payment initiator). It is important to note that such technical service providers are out of scope of the

PSD2 based on Article 3 (j) as long as they do not enter into possession of the funds to be transferred.

As such, these providers are not considered payment service providers and do not fall within the scope

of the reporting.

N.B.: the number of actors in card transactions can increase based on the number of intermediaries.

It is common for acquirers to use additional intermediaries to process parts of the payment transaction

or to offer multiple payment methods to the merchant. Although the scheme can vary in practice, the

fundamental principles that are highlighted are always applicable and the same data elements must

always be exchanged between the acquirer and the issuer.

Card payments can be sub-divided in two categories: 3-party card schemes and 4-party card schemes. In

the case of 3-party card payments, the card scheme providers act as both the issuer and acquirer and are

directly connected to the payer and the payee. On the other hand, 4-party card payments require that the

functions of card issuer and of card acquirer are separate, with one linked to the payer and the other to

the payee.

The following sub-section will detail each of these two types of card payments.

2.2.4.1 3-party card scheme

In a 3 -party card scheme, the roles of scheme provider, card issuer and commercial acquirer are all

performed by the scheme provider. As such, the scheme provider is central in this configuration as it

will have direct relationship with both the payer and the payee. Henceforth, the scheme provider, as he

8 https://www.emvco.com/document-search/

18

is the card issuer and acquirer, will always be the key reporting entity and report both payments within

the EU and payments outside the EU.

Figure 5 – Functioning of a 3-party card payment.

In the figure, the information flow takes place as follows:

1. The payer will initiate the payment by providing its card details on an online interface which is

linked to the payee’s website.

2. Once the payer has successfully submitted its card information, the payment initiator will transfer

this data to the card scheme provider acting as both acquirer and issuer. Using this information,

the card scheme provider will check the data received and confirm that it is correct and that the

payer has sufficient funds to execute the payment transaction.

3. The card scheme provider will authorise the transaction and send the confirmation to the payee.

After these steps which correspond to the authorisation process, the settlement phase will begin:

4. As the card scheme provider has covered the payer’s expense via a credit line, it will now request

the payer to pay -back the amou nts that have been paid in advance via a statement of all the

transactions executed (generally over a month period).

5. The payer will refund its credit by sending funds to the card scheme provider. This transfer of

funds will generally take the form of a credit transfer from the payer to the card scheme provider,

who acts as the payee for this payment.

6. The card scheme provider will at regular time s credit the payee ’s payment account with the

aggregated amount of all the transactions it has executed over a period of time. This payment

also corresponds to a credit transfer from the card scheme provider to the payee.

19

N.B.: as highlighted in the graph, 3 -party card payments generally involve other payment services

providers (such as banks) to fund the card’s credit line or to receive the funds from the commercial

acquirer. For these payment service providers, the transactions will look as a payment to the card

issuer (for the payer’s payment service provider) or a transaction from the commercial acquirer to

the payee (for the payee’s payment service provider). These transactions, although different from the

one between the payer and the payee, are in scope of the reporting obligation and should be reported

with either the card issuer as the payee, or the commercial acquirer as the payer. Indeed, they do not

fall within the exclusion of Article 3 (m) PSD2 for transaction between payment service providers for

their own activities, since they do not serve the activities of the payment service providers involved

but are part of the agreement between the payer/payee and the card issuer/commercial acquirer.

2.2.4.2 4-party card scheme

Although they follow the same basic principles, 4-party card schemes differ from 3-party card schemes

as the card scheme provider, card issuer and commercial acquirer are all different entities. Because of

this, the card scheme provider generally play s a less active role in the payment transaction and limits

itself to establishing the rules and providing the infrastructure for the acquirer and the issuer to exchange

information. Since it does not issue the card itself no r acquire transactions, the card sche me does not

provide any payment services and is not a payment service provider under the PSD2. It is thus not subject

to the reporting obligation.

The role of card issuer can vary greatly between the different situations, at times it will be the credit

institution of the payer who will also take the role of card issuer and provide the payer with the card. At

other times, it is a dedicated institution whose sole purpose is to provide credit/debit cards.

The same is also applicable to the role of acquirer which can at time s be done directly by the credit

institution of the payee. In most cases, this role is carried out by specialised entities called commercial

acquirers.

The processing of a card payment generally involves three main stages:

1. Authorisation: the authorisation process is there to enhance security, facilitate authentication,

and for the issuer to confirm to the merchant that the card and proposed transaction is valid. The

authorisation process is important for establishing liabilities between the issuer and the acquirer

in accordance with card scheme rules. But not all card transactions need to be preceded by an

online authorisation to the issuer. The authorisation can also take place between the card chip

and the terminal (offline aut horisation), common in e.g. contactless environments, mas s-transit

etc. and in some cases, a transaction is not authorised at all but sent for clearing anyway by the

merchant or acquirer, at the merchant’s own risk/liability.

2. Clearing: at the end of the business day the payee sends a batch file with the final transactions

received in the payee’s terminal/online webpage. The acquirer “re -packs” the information by

card network and sends it together with received transactions from other merchant customers of

the acquirer as large batch files to the respective card networks. The card network “re-packs” the

information and sends it to the different issuers of the cards, which receive daily batch files with

all transactions received through a card network. The clearing is a serial flow, on which the three

settlements are based.

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3. Settlement: there are three settlements resulting from card -based transactions, which are all

based on the clearing information but are separate and independent from each other, and can

happen in any order of time:

a. Settlement from the acquirer to the merchant.

b. Settlement from the issuer to the acquirer.

c. Settlement from the cardholder to the issuer (charging by the issuer of the cardholder’s

payment account).

Figure 6 – Functioning of a 4-party card payment.

In the figure, the first steps represent the authorisation flow and the response from the card issuer:

1. The payer provides the details of its payment card in an online interface linked to the payee’s

website. This initiates the payment process.

2. Using the card information provided by the payer, the payee’s terminal will transmit the

information to the acquirer.

3. Using the information available on the card, t he commercial acquirer will forward this

information to the card scheme provider.

4. Always using the data transmitted, the card scheme provider will identify the card issuer and

forward the authorisation message to it.

5. The card issuer will receive the authorisation request containing the card and transaction details.

It will check that all elements are correct and that the payer has enough funds available.

6. The card issuer will send back a response message, positive or negative, to validate or negate the

transaction. This response message will follow the same steps as the original request in reverse.

21

Once the transaction has been authorised (or send for clearing if there is no authorisation), the next steps

will cover the clearing process:

7. The terminal of the payee will send, at the end of the business day a batch file with all payment

transactions received by the payee during the day to the commercial acquirer.

8. This information is combined by the commercial acquirer for all payments done via a given card

scheme. The commercial acquirer will then send th ese new batch files to the card scheme

provider.

9. Using the information available in the batch file, the card scheme provider will split the file per

card issuer and send the payment information relating to each card issuer.

10. Receiving this information, the issuer will split it for each card owner and inform them of their

liability.

Finally, once the clearing is over the settlement phase will begin and happen at any order of time.

N.B.: similarly to 3-party card payments, 4-party card payments often involve other payment services

providers (such as banks) to fund the card’s credit line or to receive the funds from the commercial

acquirer. For these payment service providers the transaction s will look as a payment to the card

issuer (for the payer’s payment service provider) or a transaction from the commercial acquirer to

the payee (for the payee’s payment service provider). These transactions, although different from the

one between the payer and the payee, are in scope of the reporting obligation and should be reported

with either the card issuer as the payee, or the commercial acquirer as the payer. Indeed, they do not

fall within the exclusion of Article 3 (m) PSD2 for transaction between payment service providers for

their own activities, since they do not serve the activities of the payment service providers involved

but are part of the agreement between the payer/payee and the card issuer/commercial acquirer.

2.2.5 Electronic money

Electronic money probably constitute s the most recent way of transferring funds between payment

accounts. E-money offers many advantages compared to traditional payment methods such as speed of

transaction, low fees and protection of financial data. The E-money sector is regulated under the

Electronic money Directive (“EMD”) 9 as well as the PSD2 since E-money institution are payment

service providers.

Although the EMD establishes the basic rules applicable to the sector, each E-money provider has

discretion to create its own system and its own way of processing payments. Because of that, there is

little interaction between the different E-money providers. Depending on the business model adopted by

the E-money provider, it can be required that both the payer and the payee subscribe to the same E-

money provider in order to execute payments or that only one of them subscribe to the services provided

by the E-money provider.

9 Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit

and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and

2006/48/EC and repealing Directive 2000/46/EC (Text with EEA relevance), (OJ L 267, 10.10.2009, p. 7),

22

This lack of standardisation in the sector’s functioning makes it impossible to cover all existing and

future business models10. However, despite this great variety of services provided, the E-money sector

can be divided into two main business models: the E-wallet and the electronic voucher/card providers.

N.B.: similarly to card payments and marketplaces, E-money payments generally involve other

payment services providers (such as banks) to fund the E-money account or to withdraw funds from

it. For these payment service providers , the transactions will look as a payment to or from the E-

money provider. These transactions, although different from the one between the payer and the payee,

are in scope of the reporting obligation and should be reported with the E-money provider as either

the payer or the payee . Indeed, they do not fall within the exclusion of Article 3 (m) PSD2 for

transaction between payment service providers for their own activities, since they do not serve the

activities of the payment service providers involved but are part of the agreement between the

payer/payee and the E-money provider.

2.2.5.1 E-wallet

In an E-wallet, the payment service provider s offer a form of virtual wallet or E-wallet to the payer,

which can be used to pay for goods or services. It is funded using a variety of payment methods such as

card payments, credit transfers, exactly like a physical wallet would do with physical cards. Funds that

are transferred to the E-wallet can be used to execute payments within the E-money provider’s

infrastructure. Funding the E-wallet can occur either in advance or simultaneously with the E-money

transaction.

In addition to providing payment services to the payer, the E-wallet provider also offers payment services

to the payee who also needs to be registered in the E-wallet provider’s systems in order to receive

payments via E-money. Because of that, the E-wallet provider has a direct relationship wi th both the

payer and the payee and is thus the key actor in the reporting obligation. As already explained, although

other payment service providers are also involved in E-money payment, they only act as funding sources

for the E-wallet or as destination for the withdrawal of funds. They have no implication in the E-money

payment between the payer and the payee which is managed solely by the E-money provider.

10 According to Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in

crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and

(EU) 2019/1937 (MICA Regulation), Crypto Asset Service Providers (CASP) that obtain a payment licence under PSD2

as payment service providers can be in the scope of CESOP, in the terms established in that licence to provide payment

services.

23

Figure 7 – Functioning of an E-wallet payment

In the figure, the information flow takes place as follows:

1. The payer will initiate the E-money transaction by providing its e-account details on the payee’s

webpage.

2. The E-wallet provider will receive the details of the transaction and confirm it is valid. If this is

the case, the E-wallet provider will transfer the funds from the payer ’s e-account to the payee’s

e-account.

Once this is done, the transfer of funds within the E-money provider’s systems is completed and no

settlement is needed since the E-money provider is the only actor involve d in the payment transaction.

However, if the payer’s E-money account was not funded, it is necessary for the E-money provider to

request and settle these funds from the funding sources registered by the payer before executing the E-

money payment:

3. The E-money provider will use the data provided by the payer when registering to request a

transfer of funds from the payment service provider responsible for the payer’s funding source

(for example a credit transfer or a card payment). This will create a separate transaction between

the payer and the E-wallet provider as the payee.

4. Similarly, the payee can decide to withdraw the funds from its E-money account to its bank

account or other payment account. As such, this will create another transaction where the E-

wallet provider will be the payer and the merchant the payee. This separate transaction should be

reported by the payment service provider of the payee (i.e. its bank).

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2.2.5.2 E-voucher/Electronic card providers

Electronic vouchers differ from E-wallet as they do not create an E-wallet but focus on creating a single

electronic form of payment, which often takes the form of electronic pre-paid cards. These cards can be

bought by the payer in selected distributors/retailers and allow the payer to execute payments via the E-

money provider infrastructure without the need to include any financial information. As such in contrast

to the E-wallet, E-vouchers providers do not have a direct relationship with the payer and do not require

him to be registered in their systems to use the services. It is generally enough that the payer uses the E-

voucher that he bought from t he E-money provider’s retailer. In the cases of E-vouchers, the E-money

provider only has a direct relationship with the payee who still needs an e-account to receive payments.

Figure 8 – Functioning of an E-voucher payment.

In the figure, the information flow takes place as follows:

1. The payer will initiate the E-money transaction by introducing the details of its E-voucher on the

merchant’s website.

2. The E-money provider will validate the information introduce d by the payer and confirm the

transaction. The E-money provider will then credit the payee’s e-account with the amount of the

transaction.

Once this is done, the transfer of funds within the E-money provider is completed and no settlement is

needed since the E-money provider is the only actor involve d in the payment transaction. However, a

series of other operations generally occur outside the systems of the E-money provider:

3. The payer will buy an E-voucher from a selected distributor which has been authorised by the E-

money provider to distribute its payment methods. The E-money provider is aware that a voucher

has been sold at a given location. When purchasing the E-voucher, the payer will generally

perform a payment transaction to pay the retailer for the E-voucher. Depending on the business

model used, these funds will be transferred to the retailer or directly to the E-voucher provider.

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In both situations, there is a different transaction (occurring before the payer uses the E-voucher

to pay for goods or services) where the retailer or the E-voucher provider will be the payee.

4. Similarly, as with E-wallets, the payee can decide to withdraw the funds from its E-money

account. As such, this will create another transaction where the E-money provider will be the

payer and the merchant the payee. This separate transaction should be reported by the payment

service provider of the payee.

Electronic cards differ from Electronic vouchers as they are often associated with an E-wallet. The cards

can be pre -paid virtual or physical cards or can be funded by a credit line. They also differ from a

traditional E-wallet facility as either the payee or payer may not be subscribed to the E-money institution.

In such situations, only the payer may be subscribed to the E-money facility, however, the payee will

have deemed the card to be accepted as a means of payment.

In contrast to the E-wallet and E-vouchers, the E-money card provider process can commence by either

the payee or payer initiating the payment.

There are multiple variations of the E-money card provider schemes and transactional chains. Whilst

such transactions may appear as a card transaction for payee or payer reporting, the location associated

with the payee or payer at onboarding must be used as the identifier in line with Article 243c wherever

possible.

2.2.6 The case of marketplaces and intermediaries collecting funds in their

own name

Although not a payment method in itself, the situation of marketplaces and intermediaries can change

the way data is exchanged within a given payment. This is due to the fact that when they collect and

keep funds in their own name before distributing them to the payee, these entities act as a payment

service provider and must be registered as such. However, this also means that for the other party to the

payment chain, they look like the payee as they hold the funds transferred in their name and will be

reported as such.

For example, most marketplace s use a business model where the payment s are first directed to the

marketplace itself, who will keep these funds for a given period of time, before distributing them to the

payee in a consolidated amount and after application of the marketplace fees. This way of proceeding is

also used by some payment service providers who will have a single contract with the payee where they

offer a variety of payment methods. The advantage for the payee is that it will not need to contract an d

register directly with all the providers of these various payment methods but will be able to offer them

to its clients via the services of the intermediary who has all the contracts. The consequence is that the

intermediary will first consolidate all the transactions received from the various payment methods in

dedicated accounts before distributing the aggregated sums to the merchants.

In both these cases, the presence of an intermediary in the payment chain that will shield the payee’s or

payer’s information from all the other actors creates a discrepancy in the data exchanged , since the

intermediary will appear as the payee for all the actors before it, and as the payer for all those after it.

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Figure 9 – Functioning of a credit card via marketplace payment.

To detail the functioning of a payment going through an intermediary, we will use the example of a card

payment to a marketplace. In the figure, the information flow is highlighted by the blue number s and

takes place as follows:

1. The payer will provide its card details on the marketplace ’s website in order to initiate the

payment.

2. The marketplace will transfer this information to the commercial acquirer which will use it to

identify the issuer using the card scheme network.

3. The issuer will validate the transaction details and send the confirmation to the acquirer via the

card scheme network.

4. The acquirer will validate the transaction for the marketplace.

The key difference from a standard card payment is that neither the acquirer nor the issuer receive any

information on the merchant (the payee). Instead, they will both see a payment transaction going to the

marketplace itself. This implies that the acquirer and issuer will not be able to report the final payee (the

merchant) of the transaction.

Considering that the details of the payee are not available to them, the card issuer and the acquirer should

thus report the marketplace as the payee. On the other hand, since the marketplace acts for both the payer

and the payee and is in possession of all the data necessary to have a full view of the payment and its

intended beneficiary (the merchant), it must identify the real payee (i.e. the merchant) when reporting

the data.

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2.3 The payment services in scope

In addition to specifying the four categories of payment service providers in scope presented in section

2.1., Article 243a of Directive 2006/112/EC also limits the reporting obligation to the payment services

laid down in points 3 to 6 of Annex I of the PSD2 . This means that only payment service providers

which provide the following payment services will be in scope of the reporting obligation:

  • Executing payment transactions and transfers of funds on payment accounts.
  • Executing payment transactions covered by a credit line.
  • Issuing of payment instruments and acquiring of payment transactions.
  • Money remittance.

This means that payment service providers who provide services linked to operating a payment account,

cash deposit and withdrawal, payment initiation services and account information service provision, are

not in scope of the reporting obligation. The reason behind this exclusion is that these type s of services

either do not refer to the execution of payment transaction s, or they would provide information that is

already provided by the other payment service providers involved in payment transactions.

In addition, Article 3 of PSD2 sets out specific payment service exclusions which further restrict the

scope of reporting. This list of out-of-scope payment services includes, but is not limited to, the

following three examples of payment methods, which therefore do not fall within the scope of reporting:

  • Paper based vouchers and payments in cash (Article 3 (g)).
  • Cheques (Article 3 (a)).
  • Payment methods with limited use (Article 3 (k)).

2.3.1 Payment methods with limited use – vouchers

Payment methods with limited use must be understood as being valid to pay only a strictly limited (and

often pre-established) number of merchants or pay for a limited range of goods and services. Article 3

(k) of the PSD2 defines such payment method as:

(k) services based on specific payment instruments that can be used only in a limited way, that meet

one of the following conditions:

(i) instruments allowing the holder to acquire goods or services only in the premises of the

issuer or within a limited network of service providers under direct commercial agreement

with a professional issuer.

(ii) instruments which can be used only to acquire a very limited range of goods or services.

(iii) instruments valid only in a single Member State provided at the request of an undertaking

or a public sector entity and regulated by a national or regional public authority for specific

social or tax purposes to acquire specific goods or services fro m suppliers having a

commercial agreement with the issuer.

Payment methods with limited use must not be confused with the use of an E-voucher. An E-voucher

(see point 2.2.5.2.) is in scope of the reporting obligation as it is a valid (pre-paid) payment method that

can be used to purchase goods potentially everywhere (as long as the merchant has contracted with the

E-money provider to provide this type of payment). The key aspect to differentiate the two is the limited

usage of the former, either regarding the places where it can be used ( only at the premises of its issuer

28

or in a single Member State), or what it can buy ( limited range of goods or services ). As such, it is

necessary to identify wh ether the payment method can potentially be used by any merchant to buy

anything or is only limited to the different sellers or goods and services offered by a given brand,

network, etc.

The fact that a payment method is only accepted by few merchant s does not mean that it automatically

falls within the category of payment methods with limited use. Indeed, the limited acceptance could be

due to various reasons and increase over time leading to a more widespread adoption. For example, the

same would apply with card payments where merchants will not necessarily accept all the card schemes

in existence but only a number of them. A payment method with limited use, however, will not generally

see a huge increase of its acceptance since it will only be accepted at the premises of its issuer.

Among payment methods with limited use, the most common one s would be “gift vouchers” or “gift

cards”, which are bought for a given amount and then allow the holder of the card or voucher to buy the

goods and services offered by the issuer of the card/voucher or its partners.

The figure below highlights how reporting will take place in a payment done via gift vouchers.

Figure 10 – Reporting of payments via gift vouchers.

The figure clearly highlights that the marketplace will not report the payment from the payer to the payee

made using the voucher. However, the payment made by the payer (or someone else) to buy the voucher

together with the disbursement of funds from the marketplace to the payee bank account would be

reported, as they are payments executed by payment services providers providing the payment services

in scope of the reporting obligation.

2.3.2 Vouchers and refund

If the payer is not satisfied with the goods ordered and wishes to return them , it is not uncommon that

marketplaces and businesses provide the payer with the option to receive a voucher rather than a refund.

This practice offers advantages to the business who does not need to transfer funds back and also to the

payer who is provided with an equally valid payment method to buy similar goods. These vouchers can

29

also be offered as compensation if the goods are damaged, delayed or if any issue occurred during the

delivery.

The figure below illustrates what happens in such situation for the reporting.

Figure 11 – Reporting of refunds and payments via gift vouchers.

The first payment from the payer to the marketplace (using an in-scope payment method) is in scope of

the reporting obligation and will be reported. In the case where a refund is requested by the payer, the

marketplace will also report this refund.

However, all the following payments performed via the gift voucher will not be subject to the reporting

obligation. As highlighted in the figure, this can lead to situations where the payer buys good s from a

first seller, which is reported to CESOP, but then ask for a refund via a gift card. Although the

marketplace reports the refund, it will not report the issuance of the gift card to the payer and will not

report the following transaction done by the payer who, using the gift card, now buys goods from another

seller. However, once the marketplace proceed s to the disbursement of the funds it ow es the second

seller, this disbursement will be subject to a reporting from the second seller’s bank which will report

the consolidated amount.

As such, even though part of the transaction chain will not be visible due to the use of the gift card,

CESOP will still receive information on how much funds were received by the first seller, how much

was refunded on the first transaction, and will have information on the total amount received by the

second seller due to the reporting by its payment service provider.

2.3.3 The use of vouchers together with in-scope payment methods

This final situation focuses on cases where the payer uses a gift card or voucher to buy goods or services,

but the value of the voucher is insufficient to pay for the purchase in full and the balance must be paid

by a regular transfer of funds done via in-scope payment methods.

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Figure 12 – Reporting of payments via gift vouchers together with in-scope payment methods.

In such a situation and if the rules were applied without considering the monitoring and the limitation of

Article 243b (2), the reporting should happen as follows:

  • The payment service provider executing the in-scope payment (card payment, credit transfer, E-

money, etc…) would report that payment with the marketplace as the payee.

  • The marketplace would not report the part of the payment made via the voucher as it is out of

scope but would report the payment made using the in-scope payment method with the seller of

the goods as the payee.

  • The payment service provider of the payee (seller) w ould report the disbursement from the

marketplace to the payee which w ould include an aggregation of all payments received over a

given period of time.

Although this scheme could be applicable when the seller is a single entity, buying goods on a

marketplace generally implies that a multitude of seller s may be involved in a single transaction, each

one of them providing part of the items that constitute the payer’s total purchase. As a consequence,

marketplaces do not divide the various payments between vouchers and other payments, but rather group

them all in one payment that mix vouchers and in-scope payment methods. Because of that, marketplaces

are often unaware of which part of the amount they attribute to each seller is coming from the voucher

and should be excluded.

As such, given the impossibility for marketplace s to split the value of a voucher between the different

sellers when it is coupled with in -scope payment methods, and considering that exception s should be

interpreted restrictively, which would go contrary with the exclusion of the whole payment transaction,

it is accepted that the marketplaces report the full payment transaction(s), including the amounts covered

by a voucher, when they are not able to identify which exact part of the payment is coming from an out

of scope payment transaction.

In practice, this implies that if the marketplace is not able, for each payment transaction to each payee,

to determine which part of that payment is covered by a voucher, then the marketplace will report all

payment transactions to each payee in full as if there was no voucher used.

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2.4 Practical application per payment method

The following section will illustrate, for each of the main payment method s mentioned in section 2.2 ,

who are the entities that must report data. The entity circled in red represents the one that will report the

payment between the payer (buyer) and the payee (seller), while those circled in yellow represent

payment service providers who will also report a payment as part of the overall payment chain, but which

does not strictly refer to the payment between the buyer and the seller.

Each example only highlights the entities in scope but does not establish which one will effectively

report the payment data in accordance with the rule of Article 243b (3). For details on this, see section

4.3.

2.4.1 Credit transfer

For credit transfers, the payment service providers in scope of the reporting obligation are the bank of

the payer and the bank of the payee. The clearing house or any other intermediary agent or payment

service provider should not report any data as it is not a payment service provider providing payment

services to the payer or payee.

Figure 13 – In scope entities for credit transfers.

2.4.2 Direct Debit

As they work in a similar way to credit transfer, the exact same rules apply to direct debit s. The payer

and the payee bank are thus in scope of the reporting obligation while the clearing house is not.

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Figure 14 – In scope entities for direct debits

2.4.3 Money remittance

In money remittance payments, both the money remittance institution and the disbursement partner are

payment service providers in scope of the reporting obligation.

Figure 15 – In scope entities for money remittances.

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2.4.4 Card payments

2.4.4.1 3-party card scheme

As for all card payment s, the credit card issuer and acquirer are the key entities for the reporting

obligation and are in scope. For 3-party card schemes, since these functions are performed by the card

scheme itself, the card scheme will also be a payment service provider and will be in scope of the

reporting obligation.

When it comes to the payer s’ and payee s’ banks, they will be subject to a reporting obligation as

highlighted by the graph. However, they will not report data on the payment from the payer to the payee

but will report a different transaction, either from the payer to the card scheme provider to settle its card

credit, or from the scheme provider to the payee to transfer the aggregated payments.

Figure 16 – In scope entities for 3-party card schemes.

2.4.4.2 4-party card scheme

The example below uses the situation w here both the credit card issuer and the commercial acquirer

would differ from the payer’s and payee’s banks. In such case, the key reporting entities for the payment

between the payer and the payee will be the card issuer and the acquirer who will have to report the data.

The card network however is not a payment service provider and will not be subject to any reporting

obligation.

Similarly, as with 3-party card scheme s, the payer ’s and payee’s banks will be subject to a repor ting

obligation as they are payment service provider s. However, they will not report data on the payment

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between the payer and the payee but will report a different transaction, either from the payer to the card

issuer to settle its card credit, or from the acquirer to the payee to transfer the aggregated amounts

(settlement).

Figure 17 – In scope entities for 4-party card schemes.

2.4.5 E-money

2.4.5.1 E-wallet

In the case of E-wallet, the E-money provider is the central reporting entit y and the only one that has

full visibility on the transaction between the payer and the payee. The E-money provider will thus be in

scope of the reporting obligation and always report the data on the payment between the payer and the

payee.

The situation of the payer’s and payee’s banks are similar to card payments. They are payment service

providers in scope of the reporting obligation, however, they are not involved in the transaction between

the payer and the payee. Instead, they will report a payment from the payer to the E-money provider for

the payer’s bank, and from the E-money provider to the payee for the payee’s bank.

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Figure 18 – In scope entities for E-wallet.

2.4.5.2 E-voucher

The situation of E-vouchers is similar to the E-wallet when it comes to the central role of the E-money

provider for the reporting, therefore the E-money provider will be in scope of the reporting obligation.

The difference lies in the presence of the distributor/retailer of the E-voucher, which is not a payment

service provider and as such will not have any reporting obligation.

The situation of the payer’s and payee’s banks is identical to the one described for the E-wallet.

Figure 19 – In scope entities for E-vouchers.

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2.4.6 Marketplace

The example below takes the situation of a payment made on a marketplace using a 4 -party card

payment. The conclusions are however perfectly applicable to credit transfers or other means of

payment.

In the situation of the marketplace, the marketplace itself is a payment service provider according to the

rules of the PSD2 if it holds funds on behalf of both the payer and the payee . As such, in the case of a

card payment to a marketplace, the regular actors of card payments will be in scope (and the card network

will not), but the marketplace will also be in scope of the reporting obligation. This involvement of the

marketplace is key to the reporting since the marketplace is the only entity with the full visibility on the

payment between the payer and the payee. Both the issuer and acquirer can only report a payment going

through the marketplace as it collect s the funds in its own name. Only the marketplace can report the

information about the real beneficiary of these funds.

The situation of the payee’s bank on the graph is the same as for regular card payments. The payee’s

bank is not involved in the transaction between the payer and the payee and will only report the

disbursement amount from the marketplace to the payee.

Figure 20 – In scope entities for marketplaces.

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3 MONITORING AND TRIGGERING OF THE REPORTING OBLIGATION

Once the conditions of Article 243b, as detailed under point 2, are fulfilled, a payment will be in scope

of the reporting obligation. However, it will not be reported unless two additional conditions are met.

This will be determined by a monitoring test performed by the payment service providers.

These two additional conditions are that:

  • The payment reported must be a cross-border payment (point 3.1) and
  • The payment service provider providing payment services in a Member State must execute more

than 25 cross-border payments in that Member State per quarter to a single payee in order to

trigger the reporting obligation (point 3.2).

It is important to clearly detach monitoring rules from the data to be reported under Article 243d. The

monitoring rules ensure the proportionality of the reporting obligation for subsidiarity and data

protection purposes. Their objective differs from the reporting obligation which purpose is to help the

fight against VAT fraud. As such, the monitoring rules rely on proxies so that they can be easily applied

by all payment service provider s. They should however not influence the data to be transmitted which

needs to be as precise as possible in order to be effective.

In particular, location rules must not impact the location transmitted as the address of the payee . It is

perfectly acceptable that the address transmitted does not correspond to the location of the payee

determined via the rules of Article 243c (see point 3.1 for more details).

Similarly, the threshold aggregation must be distinguished from the actual reporting of data. This means

that payment service providers must not merge the data relating to the owner of two payment accounts

(the data relating to the payee) when reporting a payment even if they have identified that the accounts

are owned by a single payee (see point 3.2 for more details).

Information relating to monitoring rules is to be used exclusively by the payment service providers in

order to help them identify when a payment should be reported. This information is not part of the data

elements required under Article 243d and must not be automatically reported to Member States.

3.1 Cross-border payments - Location rules of Article 243c

The first condition that payment service providers must monitor in order to determine whether a payment

should be reported is whether this payment is a cross -border payment pursuant to the rules of Article

243c of Directive 2006/112/EC.

1. For the application of the second subparagraph of Article 243b(1) and without prejudice to the

provisions of Title V, the location of the payer shall be considered to be in the Member State

corresponding to:

(a) the IBAN of the payer’s payment account or any other identifier which unambiguously identifies,

and gives the location of, the payer, or in the absence of such identifiers,

(b) the BIC or any other business identifier code that unambiguously identifies, and gives the location

of, the payment service provider acting on behalf of the payer.

2. For the application of the second subparagraph of Article 243b(1), the location of the payee shall

be considered to be in the Member State, third territory or third country corresponding to:

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(a) the IBAN of the payee’s payment account or any other identifier which unambiguously identifies,

and gives the location of, the payee, or in the absence of such identifiers,

(b) the BIC or any other business identifier code that unambiguously identifies, and gives the location

of, the payment service provider acting on behalf of the payee.

Only data on cross-border payments should be transmitted to Member States and to CESOP. No data on

national payments should be collected in accordance with the rules of the Directive.

3.1.1 Table of identifiers to determine the location of the payer and payee

Article 243c lays down the rules applicable to determine when a payment shall be considered as cross -

border. These rules rely on proxies in order to assign a country easily and quickly to the payer and the

payee.

The table below lists the identifiers or data elements from which the location of the payer and the payee

should be retrieved by payment service providers for the main payment methods in use . The table is

however indicative and other elements could be used if deemed more accurate to determine the real

location of the payer or payee.

Table I – Location identifiers per payment methods and reporting entity.

Payment

Method

Payer’s PSP reporting (Extra-EU) Payee’s PSP reporting (Intra-EU)

Payer Location Payee Location Payer Location Payee Location

Credit

transfer

  • IBAN
  • (BIC of the PSP)
  • IBAN
  • BIC of the PSP11
  • Payment account

number12

  • IBAN
  • (BIC of the PSP)
  • IBAN
  • (BIC of the

PSP)

Direct

Debit13 - IBAN - (BIC of the PSP) - IBAN - BIC of the PSP

  • Payment account no.
  • IBAN
  • (BIC of the PSP)
  • IBAN
  • (BIC of the

PSP)

Card

payments

  • BIN - Merchant address
  • Card Acceptor

location

  • BIN - Merchant

address

E-money - Payer e-account

(location captured

at onboarding)

  • IBAN
  • E-vouchers: seller

country code

  • Payee e-account

(location captured at

onboarding)

  • IBAN
  • Payer e-account

(location captured

at onboarding)

  • IBAN
  • E-vouchers: seller

country code

  • Payee e-

account

(location

captured at

onboarding)

  • IBAN

Money

remittance

  • Payer Location

(own records)

  • IBAN
  • BIC of the

disbursement

partner

  • BIC of the

disbursement

partner

  • Payee location

(own records)

11 To be used when no IBAN is available

12 This identifier does not necessiraly contain a country code, and will often be linked to the BIC of the payment service provider.

13 There is currently no international scheme applicable to direct debit. As such, the identifiers listed here for the payer’s payment

service provider reporting are mainly theorethical.

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It is important to note that although Article 243c requires payment service providers to primarily use

identifiers linked to the location of the payer and payee, some of these identifiers will ultimately be

linked to the location of the payment service providers (e.g. IBAN). This can impact the reporting

obligation (see point 3.1.2.).

Contrary to the rule laid down in Article 243d (1)(d), there is no order of preference when it comes to

the identifier to use (apart from the obligation to use the identifier of the payer/payee first). This implies

that if a payment service provider has different identifiers available that provide a different

location, it must choose the identifier that best reflects the location of the payee and of the payer.

As such, if a payment service provider has information or an identifier within its records which confirm

the true location of the payee or payer , this information or identifier must be used to determine the

location of the payee or paye r and take s precedence over other identifier s which would point to a

different location that the payment service provider knows is not the real location of the payer or payee.

The information or identifier on the true location of the payee or payer should then form the basis to

determine the home and host Member States for the purpose of Article 243b (4)(b).

Example: if an E-money provider has an IBAN with a country code that differs from the one of the

address provided by its client during onboarding and which has been confirmed by official documents

(ID cards, passport, driving license, etc.), it must choose the location provided by the client as it better

reflect the location of its client.

Example 2: the BIN range of a credit card can be used to identify where the issuer of the card is

located or where the card has been issued. In application of the above rules, payment service provider

must use the BIN range that indicates where the card has been issued as it is the one that best reflect

the location of the payer.

Example 3: if an E-money provider has issued a card (virtual or physical) with a BIN range that

differs to the country code associated with the address provided by the client at onboarding, the

address details provided must be used to determine the correct location of the client as they better

reflect the true location of the client (payer or payee).

3.1.2 Practical application

3.1.2.1 Credit Transfer/Direct Debit – Payer, payee and payment service providers

in different Member States

In the situation below, the payer and payee are in two different Member States and use payment service

providers established in their Member States to execute a credit transfer/direct debit.

Following the rules of Article 243c, the most relevant identifier for these payment method s will be the

IBAN of the payer’s and payee’s payment accounts. Since both IBAN will refer to two different Member

States, the payment will be considered as cross-border.

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Figure 21 – identification of cross -border credit transfer s with payer and payee and their payment

service providers in different Member States.

3.1.2.2 Credit Transfer/Direct Debit – Payer and payee in the same Member State

Figure 22 – identification of cross -border credit transfer s with payer and payee in the same Member

States but their payment service providers in different Member States.

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In the situation above, the payer and the payee are located in the same Member State but the payee uses

the services of a payment service provider from another Member State.

Since the IBAN of the payee ’s payment account will be linked to the location of its payment service

provider and not to the location of the payee itself, the payment between the payer and the payee will

still be considered as a cross-border payment and will have to be reported to CESOP.

N.B.: in the theoretical case where the payee uses a non -EU payment service provider, this payment

would appear as an extra -EU cross-border payment. In this situation, the payer’s payment service

provider would be liable to do the reporting. This case is however unlikely in practice due to the PSD2

requirements for payment service providers to have a payment license in the EU and would only occur

for EEA countries (see section 4.3.2.).

3.1.2.3 Credit Transfer/ Direct Debit – Payer and payee’s payment service providers

in the same Member State

Figure 23 – identification of cross -border credit transfe rs with payer and payee in different Member

States but their payment service providers in the same.

In this situation, the payer and the payee are located in different Member States but the payee uses the

services of a payment service provider located in the same Member State as the payer.

Since the IBAN of the payee ’s payment account will be located where its payment service provider is,

the payment between the payer and the payee will appear as a national payment since both payment

service providers are located in the same Member State. As such, it will not be reported to CESOP. The

fact that the payer and payee are located in two Member State s is irrelevant according to the rules of

Article 243c.

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3.1.2.4 Card payment – Payer, payee and payment service providers in different

Member States

Figure 24 – identification of cross -border card payment s with payer and payee and their payment

service providers in different Member States.

In this situation the payer and the payee are both located in different Member States and use the services

of payment service providers from their respective Member States to execute a card payment.

For card payments, the most relevant identifier s to use would be the BIN range of the payer ’s card for

the payer’s location, and the address or identifier of the merchant for the payee ’s location. Both these

identifiers will locate the payer and the payee in different Member States. The payment is thus cross -

border and subject to reporting.

N.B.: it should be kept in mind that the BIN is an alphanumeric string where the first part usually

gives the location of the payment service provider that issues the card, while the second part gives the

location where the card is actually issued. For instance, the BIN can indicate that the payment service

provider that issued a card is in IE, while the same payment service provider issued the card in FR

where the payer is located. Both locations can be retrieved by the same BIN. Payment service

providers must use the BIN range that is the closest to the real location of the payer , meaning the

location where the card has been issued and not the one where the issuer is located, as highlighted in

section 3.1.1.

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3.1.2.5 Card payment – Payer, payee in same Member State

Figure 25 – identification of cross-border card payments with payer and payee in same Member State

and their payment service providers in different Member States.

In this situation the payer and the payee are both located in the same Member State but the payee uses

the services of a payment service provider in another Member State to execute a card payment.

Given that both the BIN range and the merchant identifier or address will refer to the actual position of

respectively the payer and the payee, the payment will be considered as a national payment and will not

be reported.

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3.1.2.6 Card payment - Issuer and Payer in different Member States

Figure 26 – identification of cross -border card payments with payer and payee in different Member

States but their payment service providers in the same.

In this situation the payer and the payee are located in different Member States while both the payer and

the payee’s payment service providers are located in the same Member State. The payer uses the services

of a card issuer in the Member State of the payee to execute a card payment.

For such cases, the payment service provider must use the data on where the card has been issued and

not the data on where the card issuer is located. As such, the BIN range should indicate that the payer is

located in a different Member State to the payee and the payment should be considered as cross-border

and be reported.

3.1.2.7 E-money/marketplace – Payer and Payee in different Member States

In this case, the payer and the payee are using the service of an E-money institution or marketplace to

execute the payment. In both cases, the payment service provider will likely have a relationship with

both the payee and payer.

E-money institutions and marketplaces can have a multitude of identifiers and data to locate the payer

and payee (IBAN, card BIN, own identifier and address taken during registration). They are free to

choose the identifier that can best locate the payer and paye e based on their real location . It should be

noted that if they decide to use the card BIN, they should refer to the range that reflects the actual location

of a payee or payer . In that regard, the BIN may not be suitable for cards associated with a n e-money

facility when such location differs from the one established by the E-money institution at onboarding.

In many cases, th e best identifier might well be the own identifier of the E-money provider or

marketplace, which can use a variety of information collected during the account creation to effectively

locate the payer and the payee with a high degree of precision.

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Using this identifier, the E-money provider/marketplace will be able to locate the payer and payee in

two different Member States and determine that the payment is cross-border and should be reported.

N.B.: even though from an external perspective, all payments made through E-money providers or

marketplaces will appear to be located at the E-money provider’s/marketplace’s establishment, both

entities have the information available to determine the actual location of the payer and payee and

must use this information to differentiate cross-border payments from national payments.

Figure 27 – identification of cross -border E-money/marketplaces payments with payer and payee in

different Member States.

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3.1.2.8 E-money/marketplace – payer and payee in the same Member State

In this case, the payer and the payee are located in the same Member State and are using the service of

an E-money institution or a marketplace to execute their payment. In both cases, the payment service

provider will have a relationship with both the payee and payer.

The payment service provider will locate the payer and the payee using the identifiers at his disposal

which should indicate the real location of the payer and the payee. As such, the payment should be

considered as national and not be reported.

Figure 28 – identification of cross -border E-money/marketplaces payments with payer and payee in

same Member State.

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3.1.2.9 Money Remittance – Payer and Payee in the same Member State

Figure 29 – identification of cross-border money remittances payments with payer and payee in same

Member State.

In this case, the payer and the payee are located in the same Member State but are using money

remittance institutions in different Member States to perform a money remittance.

As money remittances are performed without the need for payment accounts, the identifiers to use to

locate the payer and the payee will be the BIC of their respective money remittance institution s. Since

both institutions are located in different Member States, this payment should be considered as cross -

border even though the payer and the payee are located in the same Member State.

3.2 Threshold of 25 cross-border payments under Article 243b (2)

The second monitoring to be performed by payment service providers regards the threshold of 25 cross-

border payments laid down in Article 243b (2) of Directive 2006/112/EC.

The requirement to which payment service providers are subject under paragraph 1 shall apply where,

in the course of a calendar quarter, a payment service provider provides payment services

corresponding to more than 25 cross-border payments to the same payee.

The number of cross-border payments referred to in the first subparagraph of this paragraph shall

be calculated by reference to the payment services provided by the payment service provider per

Member State and per identifier as referred to in Article 243c (2). Where the payment service

provider has information that the payee has several identifiers the calculation shall be made per

payee

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In order to trigger its inclusion in a payment service provider’s quarterly report, this Article requires that

the payee receives more than 25 cross-border payments per quarter. In the case where a payment service

provider did not execute more than 25 cross-border payments to the same payee, it will not have to report

any data on that payee. On the other hand, if the threshold is exceeded, the payment service provider

will have to report all transactions to the payee (and not only the transactions exceeding the threshold.

The second sub-paragraph lays down the details of the threshold calculation. The threshold rule has been

established to ensure that only data on taxable person s is collected and that data on private citizen s

receiving occasional cross-border payments will not be collected or transmitted to CESOP. It also acts

as a simplification measure and a presumption of economic activities, meaning that payment service

providers must report payees that exceed the threshold no matter whether they have information that

they are taxable persons or not.

3.2.1 The basic rule – Calculation of cross-border payments per identifier

The basic rule under Article 243b (2) is that the number of cross-border payments for a payee should be

calculated using the identifier of the payee referred to in Article 243c (2). In that regard, we refer to

section 3.1.1 for the overview of relevant identifiers per payment method. In addition, only cross-border

payments should be used in the calculation (see section 3.1. for the definition of cross-border payments).

In application of this rule, payment service providers of both the payer and the payee will, for example,

have to take into consideration all cross-border payments made to a single IBAN to calculate the total.

If that amount exceeds 25 cross-border payments, then all the payments executed to that IBAN over the

quarter will have to be reported to CESOP along with the details of the account holder (see section 4 for

the full list of data to transmit).

In addition, the calculation has to be done regarding the payment services provided per Member State.

This means that if a payment service provider has establishments in several Member States, each of these

establishments should perform the calculation separately and not consolidate all their transactions at

group level. The same is applicable if the payment service provider provides payment services in

different Member States via commercial agents or directly.

3.2.2 The additional rule – Aggregation of cross-border payments per payee

It is not uncommon that a given payee will have a number of payment methods available for the payer,

which can be linked to different identifiers (for example an IBAN for credit transfer, a merchant ID for

card payment and an E-money account). In order to ensure payments to business es are not reported

because they are split into several payment methods, Article 243b (2) lays down an additional rule which

requires payment service providers to aggregate payments executed to multiple identifiers when they

have the knowledge that these identifiers actually refer to the same payee.

According to this rule, if a payment service provider execute s a series of payments using two different

IBAN, or for example using an IBAN and a merchant ID, and it knows that the same payee owns both

payment accounts, the payment service provider must consider the two payment accounts as one for the

purpose of comparison to the threshold and include all payments to both the accounts in their calculation.

N.B.: the aggregation of payment accounts for the calculation of the threshold must not impact the

reporting of the data itself. The later must be done using transactional data and thus considering both

accounts as different payment accounts. Payment service providers must thus not aggregate the data

transmitted in application of this rule.

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For example : this implies that if a payment service provider has identified that a payee has two

payment account, it must not include both these accounts as the payee’s account for each transaction.

3.2.2.1 When should payment accounts be aggregated for the calculation

Payment service providers must always try to identify whether two payment accounts are actually linked

to the same payee using the information available to them. However, payment accounts should only be

aggregated when they refer to the same payee. Following the definition of the PSD2, this implies that

the holder of both payment accounts must be a single natural or legal person.

In application of this rule, aggregation is to be performed when the payment accounts are owned by the

same person, company, or a branch of the same company. On the opposite, no aggregation should take

place when the owners of the payment accounts are different entities, even if linked between themselves.

This is for example the case for franchises or subsidiaries which should not be subject to aggregation.

N.B.: in the specific case where an account is held by two or more holders, the payee shall be

considered as being all the holders put together. This implies that if one of the holders also has another

payment account, the aggregation should not take place unless all the holders of both accounts are

the same.

Example: Mr. X and Mr. Y hold a bank account to receive payments for their business activity. Mr.

X also has a bank account with Ms. Z his wife, while Mr. Y has another account alone. In this situation,

none of the account should be aggregated as the owners of the three accounts are not all the same.

3.2.2.2 Data elements to use for aggregation

In order to determine whether a payee behind multiple payment account s is actually a single entity,

payment service providers are free to use any information at their disposal, including information

collected during the creation of the payment account. Indicators with a high degree of fuzziness, such as

names, should only be used when they offer a reasonable degree of uniqueness in the individual case in

order to avoid distorting the reporting (e.g. avoid aggregation of common names).

However, among the data elements to be transmitted to CESOP, there are a number which can also serve

as indicator that the payee is a single entity:

1. VAT/Tax Number: although this data element might not always be available to the payment

service provider, when it is it can be a strong hint that the payees between two payment accounts

are actually a single entity. Indeed, only a single company will be allowed to share the same VAT

or Tax number14. As such, when payment service providers can determine that the payees of two

payment accounts share the same VAT/Tax number, it is very likely that these payees are a single

entity.

2. Name: the name of the payee can also help identify that it is the same entity. Although it can be

subject to mistake, and companies could switch between their legal and business name, it remains

an indicator that two payees might be a single entity. Especially if coupled with t he address or

other information available to the payment service provider.

14 However, there might be use cases where different payees share the same VAT number such as VAT grouping. The VAT

group is however a VAT concept that does not change the legal structure of a company for other purposes. Therefore,

each member of a VAT group should be considered as an individual payee.

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3. Address: even if their names differ, the fact that two payees share the same address is also an

indicator that they might be the same entity. This should of course be cross -checked with other

information available but can still prove useful in aggregating payment accounts.

4. Other: as said above, payment service providers are free to use any information at their disposal

to aggregate payment accounts. This could include for example business identification number,

IP address, E-mail address, contracts, etc.

3.2.3 Practical application

3.2.3.1 Aggregation of multiple payment methods

Figure 30 – Aggregation of multiple payment methods to a single payee.

In this situation, a multitude of payers, having payment accounts with a single payment service provider

are initiating payments toward a single payee. The payee offers different payment methods, such as

credit transfer, direct debit, and card payments which are all used by the payers and are all managed by

different payment service providers for the payee.

In application of the basic rules, the payment service provider of the payers should normally calculate

the threshold using each identifier separately. As such, only the 30 card payments should be reported to

CESOP.

However, since the payee at the end is a single entity, the payers’ payment service provider must identify

whether all these payment accounts are actually linked to a single entity. If for example, the name and

address of the payee as available for all payment methods is the same, the payers’ payment service

provider could safely consider that the payee behind these payments account is a single entity and as

such aggregate all payments.

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On the opposite, the aggregation should only be performed on the payments executed by a single

payment service provider per Member States. As such, the payment service providers of the payee must

not aggregate the payments between each other since they cannot know what is done by the others.

N.B.: even though the payer’s payment service provider will not report the transaction as it is intra -

EU, it should still perform the aggregation in application of Article 243b (3), see section 3.2.3.6 and

section 4.3.

3.2.3.2 Aggregation of multiple payee’s account within a single payment service

provider

Figure 31 – Aggregation of multiple payee’s accounts within a single payment service provider.

In this situation, the payment service provider of the payee receives multiple payment to different

payment accounts which are all owned by a single payee. In order to identify whether the payments to

these accounts should be reported the payment service provider will have to use the information it has

available to determine that the accounts refer to the same payee and aggregate all the payments it

executes to these payment accounts.

The payment service provider of the payer on the other hand will not be subject to the reporting

obligation in accordance with Article 243b (3) as there is a payment service provider of the payee in the

European Union. It will however have to take these payment s into consideration for the calculation of

the threshold in case it sho uld also report payments to a non -EU payment account of the same payee

(see section 4.3).

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3.2.3.3 Payee is a franchise

Figure 32 – Non-aggregation of franchise

In this case, the payees adopt a franchise model where they all share a similar trade name or brand and

distribute the same products, however they are all independent and different legal entities.

As explained previously, aggregation should only take place when the payment accounts are all owned

by the same legal entities. In the case of a franchise, all entities will be different and have different

VAT/Tax numbers. With this information available, the payment service provider of the payee can easily

determine that they are not the same payee despite their close name and will not have to aggregate

payments to the various accounts.

3.2.3.4 Aggregation of “Master” account

In this situation, the payee uses a main account within a single payment service provider to receive funds

and later redistributes the payments to various “sub -accounts” and various payees. This process is

especially common for marketplaces which will tend to centralise payments before redistributing them.

In such case, it is important to keep in mind that Article 243b (2) does not include any form of

disaggregation even if the data suggests that these accounts are used by multiple payees. This means that

multiple payment accounts could be aggregated, but a single payment account should never be divided

even if in practice this payment account will serve multiple payees.

As such, when faced with this situation, the payment service providers will have to calculate the

payments executed to the “master” account and report them, without looking at the sub-accounts.

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Figure 33 – Calculation of threshold for master accounts

3.2.3.5 Aggregation by E-money providers and marketplaces

Figure 34 – Aggregation by E-money providers and marketplaces

In this case, the payments are centralised by an intermediary (E-money institution or marketplace) which

holds the funds before redistributing them to various payment account s of the payee. Contrary to the

case of the master account, the payee here does not hold a single account but several where it receives

the funds transmitted by the intermediary (e.g. E-money account, bank account, etc.).

For the payment service provider of the payers , all these payments will be sen t to the intermediary

account, meaning there is no need to aggregate (nor disaggregate). The intermediary however will have

to use the information it has available to aggregate all the payments executed to the payee’s various

payment accounts.

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3.2.3.6 Aggregation per Member State

Figure 35 – Payer’s payment service providers in different MSs and Payee’s payment service providers

in 3rd countries

In this case, the payer’s payment service provider has different branches or subsidiaries in different

Member States, each of them processing 20 payments to the same payee in a third countr y during one

reporting period.

According to Article 243b(2) of the VAT Directive, the aggregation shall be done per Member State

where the payment service provider is providing the payment services. Therefore, each branch of the

payer’s payment service provider provides payment services respectively in Member State 1 and

Member State 2, and thus those branches will not aggregate the payments from each Member State.

The subsidiary of the payer’s payment service provider - on the other hand - is a different legal entity

and therefore should never aggregate its payments with those of the branches since they are not the same

payment service provider. In the situation in figure 35, the branch of the payer’s payment service

provider in Member State 2 and the subsidiary in Member State 3 are processing 20 payments each per

reporting period. Thus, they have no reporting obligation. The branch of the payer’s payment service

provider in Member State 1 is processing 30 payments to the same payee in the third country during the

reporting period and will have to report these 30 payments in Member State 1.

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Figure 36 – Payer’s payment service provider in different MSs, payee and the payee’s payment service

providers in several third countries

In this case the branches and subsidiaries of the same payer’s payment service provider in the different

Member States will not aggregate the payment s from each branch/subsidiary to the third countr ies, as

seen in the previous case.

However, if the subsidiary of the payer’s payment service provider in M ember State 3 has the

information that the payee in the 3 rd country 1 is the same entity as the payee in the 3 rd country 2, then

it will aggregate these payments for the calculation of the threshold and will report these payments

(20+20) in Member State 3.

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Figure 37 – Payee’s payment service provider in different MSs – case 1

In this situation the payee’s payment service provider has branches in different Member States and are

receiving payments from payers’ payment service providers located in different Member States.

Based on the experience of the payment service providers consulted for the drafting of these guidelines,

this situation is largely theoretical, because the same payee would not use different branches of the same

payment service provider in different Member States.

However, should this situation happen, the different branches of payee’s payment service provider would

not aggregate the payments received at the other branches of the payee’s payment service provider in

the other Member States for the calculation of the threshold. Each branch of the payee’s payment service

provider will only take into account the payments received by that branch in that Member State only

Article(therefore, the payee’s payment service provider branch in Member State 4 will only take into

account payments received in Member State 4, the branch in Member State 5 only the payments received

in Member State 5, and branch in Member State 6 only the payments received in Member State 6).

In that specific case, because the payee’s payment service provider branches in Member State 4 and

Member State 5 receive only 20 payments each, they will have no reporting obligations . On the other

hand, the branch in Member State 6 is receiving 30 payments during a reporting period and will report

these 30 payments in Member State 6.

N.B.: It is important to note that if the branches of the same payment service provider were located in

the same Member States, they would have constituted the same payment service provider providing

payment services in a single Member States and would therefore need to aggregate their payments

received to the same payee.

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Figure 38 – Payee’s payment service provider in different Member States - case 2

In this situation, the same payee’s payment service provider has different branches in different Member

States. The branch in Member State 4 is receiving payments from payers in different Member States.

All these payments (20+20+20) will trigger the reporting obligation in Member State 4.

However, as seen in the situation described above under Figure 37, the different branches of the payee’s

payment service provider in Member States 5 and 6 will not aggregate the payments received in the

different Member States. Therefore, only the branch in Member State 4 will report the payments received

by the same payee from Member States 1, 2 and 3.

4 REPORTING

4.1 What triggers the reporting obligation?

Article 243b (1) of Directive 2006/112/EC, added by Directive 284/2020 , establishes all the rules

applicable to the reporting obligation. According to this Article, and as explained in section 2 and 3 of

these guidelines, there are two elements that must be take n into consideration to tr igger the reporting

obligation:

  • Whether the conditions to be in scope are fulfilled (see section 2).
  • Whether the monitoring conditions are fulfilled (see section 3).

In practice, this implies that only payment service providers who are providing the payment services in

scope of the reporting obligation (as laid down in Article 243a of Directive 2006/112/EC), and which

execute more than 25 cross-border payments per quarter to a given payee should report the data.

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These two conditions must be checked and fulfilled during each calendar quarter for the reporting

obligation to take place.

For example, if during a calendar quarter a payee fulfil s these conditions with a payment service

provider, the payment service provider must include this payee in its reporting. However, if it happens

that during the following calendar quarter, the same payment service provider does not execute more

than 25 cross-border payments to this payee, then it must not include it in its reporting.

If again the payee was to exceed the threshold in the following quarter, then the payment service

provider must include the payments it has received during that quarter in its quarterly reporting.

4.2 How often shall the data be reported?

Article 243b(1) of Directive 2006/112/EC, added by Directive 284/2020, lays down the rules regarding

the period of reporting.

Member States shall require payment service providers to keep sufficiently detailed records of payees

and of payments in relation to the payment services they provide for each calendar quarter to enable

the competent authorities of the Member States to carry out controls of the supplies of goods and

services which, in accordance with the provisions of Title V, are deemed to take place in a Member

State, in order to achieve the objective of combating VAT fraud.

According to this paragraph, payment service providers are required to keep detailed records of the

payees and the payments they receive each calendar quarter. This constitutes the period over which

information shall be collected and referred to. Following this, Article 24b (1)(a) of Regulation 904/2010,

as added by Regulation 283/2020, indicates the period over which Member States shall collect the data.

Each Member State shall collect the information on the payees and the payments referred to in

Article 243b of Directive 2006/112/EC.

Each Member State shall collect the information referred to in the first subparagraph from payment

service providers:

(a) no later than by the end of the month following the calendar quarter to which the information

relates;

These two articles combined provide the timeline for the reporting of payment data from payment service

providers. This reporting will take place every quarter starting from January 2024 and will require

payment service providers to send the data to the Member States at the latest by the end of the month

following the calendar quarter to which the data relates.

The table below lists the four reporting periods for payment service providers and the respective dat es

by which the data must be submitted to the Member States.

Reporting periods for payment service providers:

• 1st Period (January- March): 30 April

• 2nd Period (April-June): 31 July

• 3rd Period (July-September): 31 October

• 4th Period (October- December): 31 January

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Once the data has been collected by Member States, they shall transmit it to CESOP by the 10 th day of

the second month following the end of the reporting period, according to Article 24b(3).

The table below sets out the deadlines for the transmission of the data to CESOP by Member States.

Deadlines for the transmission of data to CESOP:

• 1st Period (January- March): 10 May

• 2nd Period (April-June): 10 August

• 3rd Period (July-September): 10 November

• 4th Period (October- December): 10 February

4.3 Who shall report the data under Article 243b(3)?

Notwithstanding that a payment service provider may be in scope of the reporting obligation, Article

243b (3) limits the obligations of the payment service provider of the payer.

The requirement laid down in paragraph 1 shall not apply to payment services provided by the

payment service providers of the payer as regards any payment where at least one of the payment

service providers of the payee is located in a Member State , as shown by that payment service

provider’s BIC or any other business identifier code that unambiguously identifies the payment service

provider and its location. The payment service providers of the payer shall nevertheless include those

payment services in the calculation referred to in paragraph 2.

In practice, the payment service provider of the payer will not have to keep records on the payees where

at least one of the payment service providers of the payee is located in a Member State, as shown by this

payment service provider’s BIC or other business identifier. It is only when there are no payment service

providers of the payee in a Member State that the payment service provider of the payer will have to

keep and report data.

N.B.: the requirement to be located in a Member State shall be understood as a Member States in the

territorial meaning of Article 5(2) of the VAT Directive and should not as such include third territories

as defined in Article 6 of the VAT Directive. As such, if the payment service provider of the payee is

established in a third territory, the reporting shall be done by the payment service provider of the

payer.

This means that when the payment service providers of the payee are in a Member State, the reporting

obligation shall fall exclusively on them. The Article does not create a limit regarding the number of

payment service providers that should report the transaction, meaning that i f, based on their business

model, more than one payment service provider is involved in the payment from the paye e’s side (for

example because of subcontracting), then all payment service providers of the payee shall be responsible

to report data.

In the specific case of payment refunds, the reporting can be performed by the payment service provider

that reported the original transaction as it is the best placed to link both reporting.

Finally, the last sentence of Article 243b(3) establishes a special rule regarding the threshold calculation:

even if a payment shall not be reported by a payment service provider in application of this rule, it shall

still be included in the calculation and aggregation of the 25 cross-border transactions threshold.

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Example: A payment service provider from Member State 1 (payer’s payment service provider)

executes payment transactions to a payee that has a payment account in Member State 2 and another

in a third country. Over a given quarter, the payment service provider of the payer executes:

− 200 payments to the payment account in Member State 2,

− 20 payments to the payment account in the third country.

In application of the rules of Article 243b, all the conditions to trigger the reporting obligation are

fulfilled, however the payment service provider of the payer will not report the payments to the

payment account in Member State 2, as those will be reported by the payment service provider of the

payee in Member State 2.

It will however have to report the payments to the payment account in the third country, as the

threshold must be calculated inclusive of the payments to the payment account in Member State 2 and

is therefore exceeding 25 cross-border payments.

4.3.1 Practical application

4.3.1.1 Payee’s payment service provider and payee are in another Member State

This example is a clear application of the rules laid down in Article 243b. According to Article 243b(3)

–all other conditions being fulfilled – the payment service provider of the payee, when located in a

Member State, will be solely responsible for the reporting obligation.

Figure 39 – Reporting when payment service provider of the payee is in another Member State

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4.3.1.2 Payee’s payment service provider and payee are in a third country

This is also a straightforward application of the rules laid down in Article 243b. Since there is no payment

service provider of the payee located in another Member State, the payment service provider of the payer

will be responsible for the reporting obligation.

Figure 40 – Reporting when payment service provider of the payee is in a third country or territory

4.3.1.3 Payee’s payment service provider is in a Member State and payee in a third

country

Figure 41 – Reporting when payment service provider of the payee is in a Member State but payee is in

a third country or territory

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In this case the payee who is located in a third country, uses a payment service provider that is located

in a Member State. Since Article 243b(3) limits the reporting of the payment service provider of the

payer when the payment service provider of the payee is in a Member State, the payment service provider

of the payee shall be solely responsible for the reporting obligation.

4.3.1.4 Payee in a Member State with multiple payment service providers involved

in the payment transaction

In this situation, the payee uses multiple payment services providers located in different Member States

to process a payment transaction. Given that Article 243b(3) does not include any limitation to the

number of payment service providers of the payee responsible for the reporting, all of them that fulfil

the conditions to be in scope of the reporting obligation shall be responsible to report the payment.

N.B.: an intermediary in the payment transaction shall not be responsible to report any payment if its

activities only cover the provision of technical services which only support the provision of payment

services without it entering into possession of the funds to be transferred at any time, since these

entities do not qualify as payment service providers.

Figure 42 – Reporting when multiple payment service providers of the payee are in Member States

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4.3.1.5 The payee is in a third country but uses a payment service provider in a

Member State

Figure 43 – Reporting when at least one payment service provider of the payee is in a Member State

In this example, the payee is located in a third country and has a payment account with a non -EU

payment service provider. However, since the payee also uses an intermediary in the European Union,

such as a marketplace or an E-money provider, in order to supply the EU market, that intermediary will

be responsible for the reporting obligation.

The payment service provider of the payer and the payee’s bank located in the third country will not

have to report data.

4.3.2 The situation of EEA countries

EEA countries are included in the territorial scope of the PSD2, and non -Union EEA States can have

payment service providers providing payment services in the EU. The limitation rule of Article 243b

only applies when these payment service providers have a presence in another Member State that can be

verified using the IBAN or other business identifier of the EEA payment service provider.

This means that if the payment service provider of the payee is located in an EEA country, according to

its IBAN or other business identifier, it is the payment service provider of the payer that will have to

report the data. In contrast, if a payment services provider from an EEA country operates branches in a

Member State, these branches will be subject to the reporting obligation and could be considered as

payment service providers of the payee.

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4.4 Where should the data be reported?

The rules regarding where the data shall be reported are laid down in Article 243b(4)(b) of the amended

VAT directive.

Where the requirement for payment service providers laid down in paragraph 1 applies, the records

shall:

(b) be made available in accordance with Article 24b of Regulation (EU) No 904/2010 to the home

Member State of the payment service provider, or to the host Member States when the payment

service provider provides payment services in Member States other than the home Member State.

According to this Article, payment service providers shall report the payment data to their home Member

State or, when they provide payment services in several Member States, to the host Member State(s).

This applies in all cases where the payment service provider has the reporting obligation as payee’s PSP

or as payer’s PSP or both.

The definition of home and host Member State are included in Article 243a of the Directive, which refers

directly to the relevant Article of the PSD2.

According to the definition of the PSD2, the home Member State will be the Member State where a

payment service provider has requested and obtained its payment license, which should correspond to

the Member State in which it has its registered office or head office.

The host Member State on the other hand will be any Member State other than the home in which the

payment service provider is providing payment services either via an agent, a branch or directly.

It should be noted that the flexibility of using proxies for determining the location of the payer or payee

in line with the cross-border rules of Article 243c cannot be used for the purpose of circumventing the

obligation to report in the host Member State(s) in accordance with Article 243b(4)(b) . As highlighted

in section 3.1.1, payment service providers must use the strongest data available to them to locate their

clients. Payment service provider s must follow their payment licence to determine where they are

providing their payment services and confirm where they must report.

Example: a payment service provider has a payment license from Member State 1 and also supplies

payment services in Member State 2 via a branch, and Member State 3 via an agent.

In application of the rules, this payment service provider will have to report the payments it executes

in Member State 1 to Member State 1, the payments it executes in Member State 2 to Member State

2, and the payments it executes in Member State 3 to Member State 3.

Example 2: an E-money provide has a payment license to provide payment service s from Member

State 1. It then uses passporting rules to provide payment services in all other Member States of the

Union. According to the rule of Article 243b(4), it will report data in all Member States for the

respective payments it executes in each one of them.

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4.4.1 Direct provision of payment services in the host Member States

Determining the Member States where a payment service provider should report its payments is made

easier when it has a physical presence in these Member States, such as when it does so via a branch or

an agent. Where payment services are provided directly from one Member State to another is slightly

more complex as there is no physical presence which allows a clear differentiation between the activities

in the host Member State and the home Member State.

Payment service providers should follow their payment license to determine where they provide

services. A payment service provider has to inform the authority of the host Member State before it can

provide payment services in its territory, which is then documented in the register of payment service

providers of that Member State 15. Through that register, and using the information available from its

client database, a payment service provider should be able to clearly identify which services are provided

where.

Example: An E-money provider has its payment license in Member State 1 and also provides payment

services in Member State 2 and 3. In order to determine what data should be reported in each Member

State, it will look at its payment license and where its clients are located.

As such, if the E-money provider acts as the payment service provider of the payer for payments going

from Member State 1 to a third country, it will report these payments in Member State 1. If it acts as

payment service provider of the payee for payments going from Member State 3 to Member State 2,

it will report these payments in Member State 2.

4.4.2 The situation of EEA countries (Iceland, Liechtenstein, Norway)

As we explained in session 2.1.1., the PSD2 also applies to countries that are members of the EEA. This

means that these countries can legally obtain a payment license in their home country, and then use

passporting rules to provide payment services all over the European Union, including the direct provision

of payment services without a physical presence.

As we said in section 4.3.2., payments to EEA countries shall be considered as payments to third

countries. In such cases, the payment service provider of the payer established in a Member State will

report the payment in the Member State of the payer (whether it is its host or home Member State).

In contrast, payment service providers established in EEA countries who provide payment services in

the European Union will have to report these payments in their host Member State. However, the rules

of Article 243b still apply, and only payments initiated by a payer (or through a payer’s mandate in the

case of direct debits) in the European Union (according to the location rules of Article 243c) shall be

reported to CESOP. As such, they should not report payments that are initiated from an EEA country.

Example: a payment service provider with a payment license from Norway provides payment services

in Sweden and Iceland. According to the rules of Article 243b, this payment service provider will:

  • Report in Sweden all payment that are initiated by payers in Sweden to Norway, Iceland or any

other third country.

  • Report in Sweden all payments going to payees in Sweden where the payer is in a Member State

other than Sweden.

15 Information on the home and host Member States of a payment service provider can also be found on the European Bank

Authority website (https://euclid.eba.europa.eu/register/)

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  • Not report any payments between Norway and Iceland or between either Norway or Iceland and

any third country.

  • Not report any payments that are initiated by payers in Sweden to payees in another Member State.

4.5 What data should be reported by payment service providers?

The list of data that needs to be reported is laid down in Article 243d of the amended Directive 2006/112

and can be divided into two sets of data: data related to the payee (Article 243d (1)), and data related to

each payment received by the payee (Article 243d(2)).

1. The records to be kept by the payment service providers, pursuant to Article 243b, shall contain

the following information:

(a) the BIC or any other business identifier code that unambiguously identifies the payment service

provider;

(b) the name or business name of the payee, as it appears in the records of the payment services

provider;

(c) if available, any VAT identification number or other national tax number of the payee;

(d) the IBAN or, if the IBAN is not available, any other identifier which unambiguously identifies,

and gives the location of, the payee;

(e) the BIC or any other business identifier code that unambiguously identifies, and gives the

location of, the payment service provider acting on behalf of the payee where the payee receives

funds without having any payment account;

(f) if available, the address of the payee as it appears in the records of the payment services

provider;

(g) the details of any cross-border payment as referred to in Article 243b(1);

(h) the details of any payment refunds identified as relating to the cross-border payments referred to

in point (g).

2. The information referred to in points (g) and (h) of paragraph 1 shall contain the following

details:

(a) the date and time of the payment or of the payment refund;

(b) the amount and the currency of the payment or of the payment refund;

(c) the Member State of origin of the payment received by or on behalf of the payee, the Member

State of destination of the refund, as appropriate, and the information used to determine the

origin or the destination of the payment or of the payment refund in accordance with Article

243c;

(d) any reference which unambiguously identifies the payment;

(e) where applicable, information that the payment is initiated at the physical premises of the

merchant.

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This data has to be transmitted via a standard XML form which is detailed in the Annex to Implementing

Regulation16. The specification for the form (XML Schema Definition) together with the user guide are

available on the dedicated CESOP page of the Europa website17.

Given the multitude of data elements that can be collected for the different fields, the following section

will focus on detailing what is expected for each data field and try to provide examples of data elements

for each of the main payment methods that could be reported to CESOP. This list is not exhaustive and

other elements could be valid as long as they correspond to the data listed in Article 243d.

4.5.1 Overview of data elements

According to the annex to the Implementing Regulation, there are 15 main data elements to be included

in the electronic form which represents the data requested under Article 243d of the VAT Directive.

These data elements are listed in the table below which also includes a description of what they shall

represent and whether the data is mandatory or not. For the purpose of the table, the following definitions

shall apply:

− Mandatory: this data element shall always be provided and present in the form. Failure to

provide the data element may result in a potential or partial rejection of the form and a non-

compliance with the reporting obligation.

− Optional mandatory: this data element shall always be provided when it is available to the

payment service provider. Failure to provide the data element when it is available will result

in non-compliance with the reporting obligation. However, if the data is not available to the

payment service provider and the field is not completed, the form will not be rejected , and

the reporting obligation will still be considered fulfilled.

− Mandatory when applicable: this data element shall be provided when the specific

conditions for it to be requested are fulfilled. Failure to provide the data element when the

conditions are fulfilled will result in a rejection of the form and non -compliance with the

reporting obligation. If the conditions are not fulfilled, then the data will not have to be

provided. Most of the data elements marked as such regard choices between two possibilities

which are mutually exclusive.

16https://ec.europa.eu/taxation_customs/system/files/2022-

04/C_2022_2043_F1_COMMISSION_IMPLEMENTING_REGULATION_EN_V3_P1_1727569 -1.pdf

17 https://ec.europa.eu/taxation_customs/taxation-1/central-electronic-system-payment-information-cesop_en

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Table 2 – Overview of data elements to be transmitted

Box

N°

Data Element

Name

Art.

243d

Description Mandatory

1 BIC/ID

reporting PSP

(1),

point (a)

This data element will be used to identify the payment service

provider who has the legal reporting obligation to report the

payment data to the tax authority. In the event that an

intermediary or headquarter is reporting on behalf of the PSP,

they must ensure that the correct PSP ID/ BIC associates with

the PSP who has the legal responsibility to report the data. The

data to be reported should be:

• The Business Identifier Code (BIC) as defined in Article

2, point (16), of Regulation (EU) No 260/2012 of the

European Parliament and of the Council18 of the payment

service provider reporting the data or;

• any other business identifier code that unambiguously

identifies the payment service provider transmitting the

data. This can include national identifiers such as

corporate numbers, national registration numbers, etc.

This box should not be confused with the data element in box

5. Although the identifiers requested are the same, box 1 refers

to the identifier of the payment service provider reporting the

data, while the one in box 5 refers to the identifier of the

payment service provider acting on behalf of the payee, which

can be different from the one reporting the data if the payment

goes outside the EU.

Mandatory

2 Payee name (1),

point (b)

Under this field, all available names of the payee, as available

in the records of the payment servi ce providers, shall be

provided. If the payment service provider has no records for

the payee, the name introduced by the payer shall be

considered as the name in the records. Names can include the

legal name, the “doing business as” (DBA) name , the name

used for registration and contacts, etc.

If the name in the records conflicts with the name introduced

by the payer to initiate the payment transaction, the name in

the records shall take precedence.

Mandatory

3 Payee

VAT/TIN

(1),

point (c)

Under this field, all available tax numbers of the payee shall

be provided. These can include the European VAT

identification number, the national VAT identification

number, the tax identification number (TIN), or any national

number which, although not strictly related to tax purposes or

issued by a tax authority, is used for tax purposes and allows

the unique identification of its holder (e.g. social security

numbers, corporate registration number, etc.).

Optional

Mandatory

18 Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and

business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94,

30.3.2012, p. 22).

69

4 Payee account

ID

(1),

point (d)

This field aims to precisely identify the payment account of

the payee where the funds are being transferred. As such, it

shall include either:

• the IBAN of the payee’s payment account, as defined in

Article 2, point (15), of Regulation (EU) No 260/2012 or;

• any other identifier, which unambiguously identifies and

gives the location of the payee involved in the transaction.

This can include Merchant ID (MID), E-money accounts,

SWIFT registration numbers, national account numbers,

etc.

Article 243d (1)(d) establishes a priority for the IBAN. It is

only when it is not available that another identifier should be

provided.

Mandatory when

applicable, if

funds are

transferred to a

payment account

of the payee.

5 BIC/ID Payee

PSP

(1),

point (e)

This field aims to identify the payment service provider acting

on behalf of the payee when the payee receives funds without

having a payment account (money remittance). As a payment

account does not exist, an identifier for it under box 4 cannot

be collected. As such, the reporting entity will have to provide

the identifier of the payment service provider acting on behalf

of the payee.

Under this field, the data to be provided is either:

• The Business Identifier Code (BIC) as defined in Article

2, point (16), of Regulation (EU) No 260/2012 of the

European Parliament and of the Council of the payment

service provider acting on behalf of the payee or;

• any other business identifier code that unambiguously

identifies the payment service provider acting on behalf of

the payee . This can include national identifiers such as

corporate numbers, national registration numbers, etc.

This field should not be confused with the data requested under

box 1 (see above). In addition, boxes 4 and 5 are mutually

exclusive and only one of them should be completed.

Mandatory when

applicable, if

funds are

transferred to a

payee without a

payment account.

6 Payee Address (1),

point (f)

Under this field, all available addresses of the payee that are in

the records of the payment service provider, shall be provided.

Addresses can include the legal address, business address,

warehouse address , as well as e -mail addresses , webpages

addresses or IP address.

Based on the data available to the payment service provider,

the address can be more or less detailed, ranging from the

country to the street. In addition, the address reported does not

need to be aligned with the one used under Article 243c to

determine the location of the payee. This means for example

that the address reported can be in a different country than the

one of the payee’s payment accounts (IBAN).

This field shall only be completed if the payment service

provider has at least one address for the payee in its records. If

the payment service provider has no address in its record but

the address can be deduced from the payment account (e.g.

Optional

Mandatory

70

country code of an IBAN) , this field does not need to be

completed.

7 Refund (1),

point (h)

This field is intended to differentiate between payments made

by a payer and refunds made to a payer.

Refunds can include technical refunds as defined in the PSD2

but also commercial refunds, or any other type of refund as

long as the payment service provider is aware of it. If a

payment service provider is not aware that a transaction is a

refund, it is not asked to verify whether any given payment is

a refund or not. It should then consider and report it as a regular

payment (given that all other conditions for the reporting are

fulfilled).

Refunds are allowed to be reported regardless the fact that the

original payment was reported. In case where the original

payment and the refund take place in two different reporting

quarters, the refund should not be reported in its reporting

quarter if the original payment was not reported earlier. Under

this field, payment service providers shall indicate that the

payment is a refund , if this information is available to them .

The refund transaction ID and reference to the original

transaction shall be reported in box 14.

Mandatory (when

the information is

available)

8 Date/time (2),

point (a)

Under this field, the date and time of the payment shall be

reported. Given the multitude of date s available for a single

payment transaction, it is possible for payment service

providers to report multiple dates.

However, in order to facilitate the detection of multiple

reporting and the standardisation of the reporting , the

following sections list, for each payment method, at least one

date that is common between all the payment service providers

involved in a single payment transaction and which should

always be reported.

One of the ‘DateTime’ element in the ‘ReportedTransaction’

element must refer to a date within the period and year

declared in the ‘ReportingPeriod’ element. The

‘DateTime‘ element must contain the specified date as

outlined for ‘2a Date and time‘ as per ‘Table 9 – Overview of

data and expected data quality levels‘.

PSPs may become aware of a transaction that occurred during

a reporting period after the reporting quarter has ended. This

transaction may be reported in line with the XSD User Guide.

If the transaction is reported in the second affected quarter, the

PSP must provide multiple dates for the transaction. One of the

dates provided must be in line with required

‘DateTime‘ element per payment method for ‘2a Data and

time‘ of ‘Table 9 – Overview of data and expected data quality

levels‘.

Mandatory

9 Amount (2),

point (b)

Under this field, the total a mount of the payment transaction

or of the payment refund shall be reported.

Mandatory

10 Currency (2),

point (b)

Under this field, the currency of the payment transaction or of

the refund transaction shall be reported.

Mandatory

71

When there is a change of currency, the amount of the payment

shall be reported in the original currency before booking and

currency conversion by any of the payment service providers.

11 MS origin

payment

(2),

point (c)

Under this field, the country code for the Member State of

origin of the payment received by the payee shall be provided.

Payment service providers must indicate the Member State of

origin resulting from the information indicated in box 13 and

in accordance with Article 243c. In case s where a payment

service provider can identify several Member States for the

origin of the payment, it must use the one that most accurately

corresponds to the location of the payer (see section 3.1.1).

Mandatory when

applicable, if

transaction is a

payment

12 MS

Destination

refund

(2),

point (c)

Under this field, the country code f or the Member State of

destination of the refund received by the payer shall be

provided.

All the rules applicable to box 11 also apply here.

Mandatory when

applicable, if

transaction is a

refund under box

7

13 Payer Location

information

(2),

point (c)

Under this field, the information used to determine the origin

of the payment, or the destination of the refund shall be

provided in accordance with Article 243c.

The information can include any data element available to the

payment service provider, as described in box 11 (IBAN,

address, card number, etc.). It is important to note that this field

shall only indicate what data was used, the data itself must not

be transmitted.

This implies that payment service provider will for example

indicate that the location of the payer was established in a

Member State using the IBAN of the payer’s payment account.

The IBAN of the payer itself , however, shall never be

transmitted.

Mandatory

14 Transaction ID (2),

point (d)

This field aims to allow easy identification of payment

duplicates. As such, any reference which unambiguously

identifies the payment transaction shall be reported under this

field.

When several transaction identifiers are available, priority

should always be given to the one that is pass ed along the

payment chain and is available to other payment service

providers in the payment chain.

In the case of refunds, as detailed in box 7, the transaction

identifier reported for the refund does not have to be different

to the identifier of the initial transaction and shall still be

unique. Payment service providers can decide to use the same

or different identifier for the original payment and refund.

Mandatory

15 Physical

presence

(2),

point (e)

This field aims to allow an easy identification of the physical

payments made by the payer at the premises of the payee, in

opposition to online payments, see Article 243d (2e) :

Information that the payment is initiated at the physical

premises of the merchant.

Mandatory when

applicable

72

Under this field, any reference which indicates the presence of

the payer in the physical premises of the merchant when

initiating the payment shall be reported.

73

4.5.2 Data to be reported per payment method

4.5.2.1 Credit transfer

In a regular credit transfer, the payer will initiate an order for its bank to transfer funds to the bank

account of the payee.

Table 3 – Overview of data elements to be transmitted for credit transfer

N°

Data Element

Available to payment

service provider

Possible standard

format accepted

Comments

Payer

Payee

1 BIC/ID

reporting PSP

Yes

Yes

BIC (ISO 9362)

2 Payee name

Yes

Yes

3 Payee

VAT/TIN

Not always

Not always

EU VAT number shall

respect the EU

standards.

No standards required

for other identifier.

VAT number/TIN are not mandatory

elements to process the payments. They

might be available, together with other

identifiers, occasionally or following

stricter requirements in national

legislations.

As such, payment service providers that do

not collect the VAT number/TIN of their

clients are not obliged to transmit this data.

Payment service providers of the payee are

more likely to have VAT number/TIN or

other identifier based on “know your

customer” (“KYC”) requirements.

4 Payee account

ID

Yes Yes IBAN (ISO 13616)

For payments to a country that does not use

IBAN, national account number s can be

provided instead.

5 BIC/ID Payee

PSP

Yes Yes BIC (ISO 9362) An account number should always be

available in SEPA credit transfer s and

allow for identification of the payee’s bank

account.

For credit transfers outside the SEPA area,

it is possible that the account number alone

is not sufficient to identify the bank

account of the payee. In that case, payment

service providers should also provide the

BIC or other identifier of the payee’s

payment service provider.

6 Payee Address Not always Yes / The address is not mandatory in order to

process payments via credit transfers but

shall be available to payment service

providers of the payee through KYC

obligations.

7 Refund Yes Yes /

74

8 Date/time Yes Yes Settlement date

9 Amount Yes Yes Amount should be

reported with two

decimals

10 Currency Yes Yes ISO 4217

11 MS origin

payment

Yes Yes ISO 3166-1 Alpha 2

12 MS

Destination

refund

Yes Yes ISO 3166-1 Alpha 2

13 Payer Location

information

Yes Yes Not applicable

14 Transaction ID Yes Yes No standard Transaction ID s for credit transfer s are

proprietary to the payment service provider

and are only unique within a payment

service provider’s system.

15 Physical

presence

Not

applicable

Not

applicable

4.5.2.2 Direct debit

As described in section 1, direct debits work mainly like credit transfers with the exception that the

payment is initiated by the payee instead of the payer. It is important to highlight again that there are

currently no existing standards for non-SEPA direct debit. As a consequence, international direct debits

are performed using ad-hoc rules which are either copied from the SEPA rules or from national systems.

Because of this, the figure below focuses on the standards applicable to the payee’s reporting, as no

standards exists for reporting done by the payer in non-EU payments.

Table 4 – Overview of data elements to be transmitted for direct debits

N°

Data Element

Available to payment

service provider

Possible standard

format accepted

Comments

Payer

Payee

1 BIC/ID

reporting PSP

Not

applicable

Yes

BIC (ISO 9362)

2 Payee name

Not

applicable

Yes

3 Payee

VAT/TIN

Not

applicable

Not always

EU VAT number shall

respect the EU

standards.

No standards required

for other identifier.

VAT number/TIN are not mandatory

elements to process payments. They might

be available, together with other

identifiers, occasionally or following

stricter requirements in national

legislations.

As such, payment service providers that do

not collect the VAT number/TIN of their

clients are not obliged to transmit this data.

75

Payment service providers of the payee are

more likely to have a VAT number/TIN or

other identifier s based on “know your

customer” (“KYC”) requirements.

4 Payee account

ID

Not

applicable

Yes IBAN (ISO 13616)

5 BIC/ID Payee

PSP

Not

applicable

Not

applicable

/ An account number should always be

available in direct debits.

6 Payee Address

Not

applicable

Yes / The a ddress is not mandatory to process

payments via direct debit s but shall be

available to payment service providers of

the payee through KYC obligations.

7 Refund

Not

applicable

Yes /

8 Date/time

Not

applicable

Yes Settlement date

9 Amount

Not

applicable

Yes Amount should be

reported with two

decimals

10 Currency

Not

applicable

Yes ISO 4217

11 MS origin

payment

Not

applicable

Yes ISO 3166-1 Alpha 3

12 MS

Destination

refund

Not

applicable

Yes ISO 3166-1 Alpha 3

13 Payer Location

information

Not

applicable

Yes Not applicable

14 Transaction ID

Not

applicable

Yes / Transaction ID s for direct debits are

proprietary to the payment service provider

and are only unique within a payment

service provider’s system.

15 Physical

presence

Not

applicable

Not

applicable

/

4.5.2.3 Money remittance

Money remittances differ from other payment methods by the fact that they do not necessarily require a

payment account to execute the payments. Although it is nowadays possible to include payment accounts

in money remittance orders, it is still possible to transfer funds without these. As such, the main

difference for money remittance institutions will be to provide an identifier in box 5 to identify the

disbursement partner in the absence of a payment account identifier.

Table 5 – Overview of data elements to be transmitted for money remittances

76

N°

Data Element

Available to payment

service provider

Possible standard

format accepted

Comments

Payer

Payee

1 BIC/ID

reporting PSP

Yes

Yes

BIC (ISO 9362)

2 Payee name

Yes

Yes

3 Payee

VAT/TIN

Not always

Not always

EU VAT number shall

respect the EU

standards.

No standards required

for other identifier.

VAT number/TIN are not mandatory

elements to process the payments. They

might be available, together with other

identifiers, occasionally or following

stricter requirements in national

legislations.

As such, payment service providers that do

not collect the VAT number/TIN of their

clients are not obliged to transmit this data.

Payment service providers of the payee are

more likely to have a VAT number/TIN or

other identifiers based on KYC

requirements.

4 Payee account

ID

Not

applicable

Not

applicable

IBAN (ISO 13616)

Traditional money remittances do not

require a payment account to be executed.

It is however possible to provide the

information. If this is the case, then it must

be reported instead of the BIC in box 5.

5 BIC/ID Payee

PSP

Yes Yes BIC (ISO 9362) The BIC or other identifier shall allow the

identification of the payment service

provider where the funds are sent if t he

payee receives funds without having any

payment account.

If no BIC is available, then any national

identification number can be provided as

long as it allows unique identification of

the payment service provider.

6 Payee Address Not always Yes / The address is not mandatory to process

payments via money remittances but shall

be available to payment service providers

of the payee through KYC obligations.

7 Refund Yes Yes /

8 Date/time Yes Yes Execution date

9 Amount Yes Yes Amount should be

reported with two

decimals

10 Currency Yes Yes ISO 4217

11 MS origin

payment

Yes Yes ISO 3166-1 Alpha 3

77

12 MS

Destination

refund

Yes Yes ISO 3166-1 Alpha 3

13 Payer Location

information

Yes Yes Not applicable

14 Transaction ID Yes Yes No standard Transaction IDs for money remittances are

proprietary to the payment service provider

and are only unique within a payment

service provider’s system.

15 Physical

presence

Not

applicable

Not

applicable

4.5.2.4 Card payments

Card payments are initiated by the payer using its credit or debit card details in order to trigger a payment

order that will be processed by its card issuer and the payee’s commercial acquirer. Although card

payments can be divided into three party card payments and four party card payments based on the model

used by the issuer and acquirer, the data to be reported will be nearly identical as both systems function

similarly to process payments.

It is also important to note that card payments are heavily dependent on the scheme used to process the

payments. In this regard, it is impossible to review the data exchanged in every existing card scheme .

The below table focus on the rulebooks issued by the two most popular card scheme s for international

transactions, namely VISA and MasterCard.

Please see section 4.5.2.5 for cards associated with an E-money provider.

Table 6 – Overview of data elements to be transmitted for credit card payments

N°

Data Element

Available to payment

service provider

Possible standard

format accepted

Comments

Payer

Payee

1 BIC/ID

reporting PSP

Yes

Yes

BIC (ISO 9362)

2 Payee name

Yes

Yes

Card acceptor name

(MC DE043)

Merchant name (VISA

TCR0 pos. 92-116)

3 Payee

VAT/TIN

Not always

Not always

EU VAT number shall

respect the EU

standards.

No standards required

for other identifier.

VAT number/TIN are not mandatory

elements to process the payments. They

might be available, together with other

identifiers, occasionally or following

stricter requirements in national

legislations.

As such, payment service providers that do

not collect the VAT number/TIN of their

clients are not obliged to transmit this data.

Payment service providers of the payee are

more likely to have a VAT number/TIN or

78

other identifiers based on KYC

requirements.

4 Payee account

ID

Yes Yes Merchant ID / Card

Acceptor ID ( MC

DE042

Merchant ID and Card acceptor ID must be

combined to identify the merchant selling

the goods behind a given acquirer.

5 BIC/ID Payee

PSP

Not

applicable

Not

applicable

/

6 Payee Address Yes Yes MC DE043

VISA TCR0

7 Refund Yes Yes / If reference to the original payment is

included, it should be reported as a separate

and unique transaction ID in box 14

8 Date/time Yes Yes MC: DE 12 - Date and

Time, local transaction

Visa : TC05 Purchase

date

Date should at least include month and

year of the transaction.

9 Amount Yes Yes Mastercard : DE04/

DE05/DE06

VISA : TC05 Source

Amount & Source

currency code

Amount should be

reported with two

decimals.

10 Currency Yes Yes ISO 4217

11 MS origin

payment

Yes Yes ISO 3166-1 Alpha 2 For the location of the payer, the Bank

Identification Number (“ BIN”) range of

the card number shall be used to determine

where the card has been issued rather than

where the issuer is located.

12 MS

Destination

refund

Yes Yes ISO 3166-1 Alpha 3 For the location of the payer, the BIN range

of the card number shall be used to

determine where the card has been issued

rather than where the issuer is located.

13 Payer Location

information

Yes Yes Card number BIN Payment service providers must use the

BIN range that is the closest to the real

location of the payer, meaning the location

where the card has been issued and not the

one where the issuer is located, as

highlighted in section 3.1.1.

14 Transaction ID Yes Yes MC : DE 31—Acquirer

Reference Data

The transaction ID to be reported shall be

the one provided by the acquirer which is

unique within the card scheme used and

common to all payment service providers

involved in the payment. In case the ID is

the same for the different transactions, the

79

Visa : TC05 - Acquirer

Reference Number

PSP must amend the transaction ID to be

unique.

15 Physical

presence

Yes Yes MC : DE 22 Point of

Service (POS) Entry

Mode

Visa : TC05 POS

Entry Mode

4.5.2.5 E-money

A typical E-money payment is initiated by the payer using the funds on its E-money account to order a

transfer to the payee’s E-money account. The funding of the E-money account can be done using

different payment methods (credit transfer, card payment, etc.) and either before the E-money payment

or simultaneously with it (if the payer had no funds on its E-money account to execute the payment).

These payments to fund or withdraw from the E-money account will appear, to the external payment

service providers involved in the transaction, like a payment from the payer to the E-money institutions

which will be identified as the payee (if the payer funds its E-money account) or as the payer (if the

payee withdraws the funds from its E-money account). The E-money account can also take the form of

a pre-paid card in the case of E-vouchers or a card linked to an E-money account, even if funded by a

credit line

E-money payments have the peculiarities in that there are no existing standards for E-money transaction.

E-money payments are often performed in a close system where both the payer and the payee have

contracted with the E-money provider, but this is not always the case following the diversity of business

models that can exist. They are regulated by the rules established by the E-money provider itself, which

as such is free to adopt the rules it wants. This close system on the other hand , allows the E-money

provider to have full visibility on the payment transaction as well as the payer and payee.

Electronic Cards differ from Electronic vouchers as they are often associated with an E-wallet. The cards

can be pre -paid virtual or physical cards or can be funded by a credit line. They also differ from a

traditional E-wallet facility as either the payee or payer may not be subscribed to the E-money institution.

In such situations, only the payer may be subscribed to the E-money facility, however, the payee will

have deemed the card to be accepted as a means of payment.

In contrast to the E-wallet and E-vouchers, the E-money card provider process can commence by either

the payee or payer initiating the payment.

There are multiple variations of the E-money card provider schemes and transactional chains. Whilst

such transactions may appear as a card transaction for payee or payer reporting, the location associated

with the payee or payer at onboarding to whom the card was issued , as the most accurate information

available, must be used as the identifier in line with Article 243c wherever possible.

The data to be reported for transactions may differ from Table 7 depending on the E-money business

model and transactions provided.

80

Table 7 – Overview of data elements to be transmitted for E-money payments

N°

Data Element

Available to payment

service provider

Possible standard

format accepted

Comments

Payer

Payee

1 BIC/ID

reporting PSP

Yes

Yes

BIC (ISO 9362)

2 Payee name

Yes

Yes

3 Payee

VAT/TIN

Not always

Not always

EU VAT number shall

respect the EU

standards.

No standards required

for other identifier.

VAT number/TIN are not mandatory

elements to process the payments. They

might be available, together with other

identifiers, occasionally or following

stricter requirements in national

legislations.

4 Payee account

ID

Yes Yes IBAN (ISO 13616) If IBAN is not available, the E-money

provider can, for example, provide the E-

money account number as an identifier or

provide another identifier such as the

merchant ID.

5 BIC/ID Payee

PSP

Not

applicable

Not

applicable

/

6 Payee Address Yes Yes E-money providers must establish the

location of the payee using all information

available in their records to determine the

one that best represents the location of the

payee.

7 Refund Yes Yes If reference to the original payment is

included, it should be reported as a separate

and unique transaction ID in box 14.

8 Date/time Yes Yes Execution date

9 Amount Yes Yes Amount should be

reported with two

decimals

10 Currency Yes Yes ISO 4217

11 MS origin

payment

Yes Yes ISO 3166-1 Alpha 2

12 MS

Destination

refund

Yes Yes ISO 3166-1 Alpha 2

13 Payer Location

information

Yes Yes IBAN, e -account

address, card number

BIN, IP address.

E-money providers must establish the

location of the payer using all information

available in their records to determine the

one that best represents the location of the

81

payee. This location should also be used

for E-money card providers whereby the

BIN alone may not provide the correct

location of the payer.

14 Transaction ID Yes Yes Transaction IDs for E-money transactions

are proprietary to the E-money provider

and are only unique within one E-money

provider’s system.

15 Physical

presence

Not

applicable

Not

applicable

4.5.2.6 Marketplaces

Marketplaces do not offer specific payment methods but rather allow their users to use other payment

methods to buy good s or services on their centralised platform. Because of this specificity, the way

marketplaces acting as payment service providers process payments is both similar to the way the related

payment method works, and to the way E-money providers act at the centre of the infrastructure.

As such, the data marketplaces will be able to report can vary based on the payment method used and

offer (e.g. whether payment will be done via credit transfer, card payment, E-money, etc.). However,

being at the centre of the payment processing and holding funds on behalf of both the payer of the payee,

the marketplace will always have full visibility on the payment transaction as well as the payer and

payee.

Table 8 – Overview of data elements to be transmitted by marketplaces

N°

Data Element

Available to payment

service provider

Possible standard

format accepted

Comments

Payer

Payee

1 BIC/ID

reporting PSP

Yes

Yes

BIC (ISO 9362)

2 Payee name

Yes

Yes

(name on selling

account)

3 Payee

VAT/TIN

Not always

Not always

EU VAT number shall

respect the EU

standards.

No standards required

for other identifier.

VAT number/TIN are not mandatory

elements to process the payments. They

might be available, together with other

identifiers, occasionally or following

stricter requirements in national

legislations.

4 Payee account

ID

Yes Yes IBAN (ISO 13616)

Merchant ID (MC DE

042)

If IBAN is not available, the marketplace

can provide other account identifier,

including the marketplace account ID.

5 BIC/ID Payee

PSP

Not

applicable

Not

applicable

/

82

6 Payee Address Yes Yes

7 Refund Yes Yes If reference to the original payment is

included, it should be reported as a separate

and unique transaction ID in box 14.

8 Date/time Yes Yes Execution date

9 Amount Yes Yes

10 Currency Yes Yes ISO 4217

11 MS origin

payment

Yes Yes ISO 3166-1 Alpha 3

12 MS

Destination

refund

Yes Yes ISO 3166-1 Alpha 3

13 Payer Location

information

Yes Yes IBAN (ISO 13616)

Card number BIN

IP address

Marketplaces must establish the location of

the payer using all information available in

their records to determine the one that best

represents the location of the payee.

14 Transaction ID Yes Yes Transaction ID will be attributed by the

marketplace and will not be available to

other payment service providers in the

payment chain.

15 Physical

presence

Not

applicable

Not

applicable

83

4.5.3 Data quality aspects

The data to be transmitted by payment service providers will vary based on the payment method used

and whether the reporting entity is the payment service provider of the payer or the payee. Specifically,

in the latter case, the data transmitted by the payment service provider of the payer may be of lower

quality or impossible for the payment service provider to cross-check as it will lack the contact with the

payee.

Under the reporting obligation, payment service providers are not requested to ask their partners for

more data than the one already available to them or exchange during the payment processing. They are

also not requested to verify the data they used other than what is required in order to process a payment

and comply with KYC and AML obligations. This implies that if a data element cannot be verified by a

payment service provider, for example where it refers to a national system of a third country, the payment

service provider can report this data as it is and does not need to further check its validity.

The data quality might also vary based on the payment service provider’s business models. E-money

providers typically have full vis ibility on the transfer between the payer and the payee which should

allow them to report higher quality data on the payee.

The main data quality issues will occur when the data is reported by the payment service provider of the

payer as it cannot confirm that the data transmitted is correct. This problem is further exacerbated in

payment methods where fields take the form of a free text box completed by the payer, mainly credit

transfer.

The table below provides an overview of the expected quality of the data transmitted by payment service

providers for the main payment methods presented in these guidelines. Elements in yellow are expected

to be either rarely available or of lower quality. Marketplaces are not represented as they use the data

from other payment method which is completed by their own data on both the payer and the payee. As

such, they are not expected to have any difficulties with data availability or quality.

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Table 9 – Overview of data and expected data quality levels

Data

requirements

(Art. 243d)

Card payments Bank transfers Direct Debits E-money Money Remittance

Linked to the

payee

PSP Payer

(Issuer)

PSP Payee

(Acquirer)

PSP payer

(SEPA- IBAN)

PSP payer

(Swift)

PSP payee

(SEPA)

PSP Payer PSP payee PSP payer PSP payee PSP payer PSP Payee

1a) BIC PSP Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes

1b) Name of

payee

Card acceptor

name (MC

DE043)

Merchant name

(VISA TCR0)

Card acceptor

name (MC

DE043)

Merchant

name (VISA

TCR0)

Payee name

(provided by

payer)

Payee

name

(SWIFT

59a)

Creditor

name

(records)

Creditor

name

(records)

Creditor

name

(records)

Payee’s

name

(own

records)

Payee’s

name

(own

records)

Payee’s name Payee’s name

1c) VAT/Tax ID Optional Mandatory in

some MS

Optional Optional Mandatory

in some

MS

Optional Mandatory

in some

MS

Optional Optional Optional Optional

1d) IBAN, ID

payee

Merchant/card

acceptor ID

(MC DE042)

IBAN +

Merchant/card

acceptor ID

(MC DE042)

IBAN SWIFT

field

59/59a

IBAN IBAN (EU) IBAN

(EU)

E-account

identifier

(+ IBAN)

E-account

identifier

(+ IBAN)

IBAN when

available

IBAN when

available

1e) BIC PSP

payee NA NA NA BIC or Other ID NA NA NA NA NA BIC or Other ID BIC or Other ID

1f) Address

payee

Card Acceptor

street (DE043

sub2)

Payee address

(own records)

Payee address

(provided by

payer)

Payee

address

(SWIFT

field 59)

Payee

address

(own

records)

Payee

address

(transmitted

by payee)

Payee

address

(own

records)

Payee

address

(own

records)

Payee

address

(own

records)

Payee

address

(provided by

payer)

Payee

address (own

records)

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Data

requirements

(Art. 243d)

Card payments Bank transfers Direct Debits E-money Money Remittance

Linked to the

payment

PSP Payer

(Issuer)

PSP Payee

(Acquirer)

PSP payer

(SEPA-

IBAN)

PSP payer

(Swift)

PSP payee

(SEPA)

PSP Payer PSP payee PSP payer PSP payee PSP payer PSP Payee

2a) Date and time Local

Transaction

(MC DE12)

Purchase Date

(TC05)

Local

Transaction

(MC DE12)

Purchase Date

(TC05)

Interbank

settlement

date

Execution

date (Field

32a)

Interbank

settlement

date

Interbank

settlement

date

Interbank

settlement

date

Execution

date

Execution

date

Execution

date

Execution

date

2b) Amount and

currency

Origin

currency

Origin currency Origin

currency

Origin

currency

Origin

currency

Origin

currency

Origin

currency

Origin

currency

Origin

currency

Origin

currency

Origin

currency

2c) MS of origin BIN BIN IBAN IBAN IBAN IBAN IBAN Account

location

Card

issuer

code

Disbursement

Partner

country code

Disbursement

partner

country code

2d) Transaction

ID19

Own ID

Acquirer ID

(MC DE31 –

VISA TC05)

Own ID

Acquirer ID

(MC DE31 –

VISA TC05)

Own ID Own ID Own ID Own ID Own ID Own ID Own ID Own ID Own ID

2e) POS payments

MC DE 22 –

VISA TC05

MC DE 22 –

VISA TC05

NA

NA

NA

NA

NA

NA

NA

NA

NA

19 It must be noted that in accordance with the business rules of the XML Schema Definition, CESOP will reject duplicated transactions ID.

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5 RULES FOR (RE)SUBMISSION

This section focuses on the rules applicable to the submission or resubmission of data from payment

service providers to Member States, which could impact the transmission of data to CESOP. However,

since the rules applicable to th e collection of payment data at national level are not established in

Directive 284/2020 or in Regulation 283/2020 , apart for the Member States obligation to collect the

payment data using the electronic standard form defined in the Annex to the Implementing Regulation

and within the timeframe laid down in Article 24b introduced by Regulation 283/2020, this section

mainly lists best practices and recommendation s to limit the impact that national resubmissions and

errors during the national collection can have on the transmission to CESOP.

The sections be low give an overview of what payment service provider s can expect from t he

(re)submission process at the national level, i.e. guidelines that individual Member States are

recommended to follow. These rules, however, should be read in conjunction with the relevant national

legislation applicable in each Member State for the collection of payment data which can differ in some

aspects.

5.1 Validation of the payment information at the national level

Payment service providers should validate the payment message prior to submitting it to the national tax

administration in accordance with the Annex to the Implementing Regulation. This includes both a check

of the XML Schema Definition (“XSD Schema”) and a check of the business rules, to ensure that errors

are caught as early as possible in the process.

When receiving the payment message, national tax administrations should validate the received payment

data against the XSD schema. In case the XSD schema is not respected (negative valid ation result), the

whole file will be rejected, and the payment service provider will have to resubmit the whole file. The

validation message sent by th e tax administration to the payment service provider will use the same

XML schema as used by CESOP for the validation message.

In order to avoid impact of errors on the submission to CESOP, it is recommended that:

• The national tax administration immediately validates the received payment message against the

XSD schema.

• The national tax administration immediately informs the payment service provider of the XSD

schema validation result in case of a negative result.

• In case of a positive XSD sch ema validation, the national tax administration immediately

forwards the payment information to CESOP.

• In case of a negative XSD schema validation, the validation result message lists all the technical

error codes, so that the payment service provider can correct them all at once.

• In general, business rules are checked at CESOP level. However, national tax administration can

perform a validation of (certain) business rules.

5.2 Validation of the payment information at the CESOP level

Once it receives the payment message from the national t ax administration, CESOP will validate the

payment data message against the XSD schema and the business rules described in the XSD User Guide.

Normally, the XSD schema check should not show any errors at the CESOP level, since this check was

already done at the national level. On the other hand, t he check of the business rules might lead to a

negative validation. It is thus possible that a payment data message passes validation by the Member

State but is later negatively validated by CESOP. CESOP will send the validation result to the relevant

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national tax administration, whether the validation result is positive or negative. Under no circumstances

will the national Tax administration change the content of the payment data message.

In order to swiftly react to error in the transmission of data to CESOP, it is recommended that:

• The national tax administration forwards the validation result from CESOP to payment service

providers in case of both positive and negative result.

5.3 Resubmissions

This section focuses on the resubmission of data from payment service providers to Member States.

In case of a negative validation result after submitting payment data, the payment service provider must

resubmit a payment data message with the correct data. More detailed guidance on how re-submissions

and corrections should be done, is given in the XSD User Guide. Still, note that there can be national

procedures on how a Member State will perform validations and there can be national suggestions on

how to correct data. Nevertheless, in any case national procedures and guidance must be in line with the

XSD User Guide.

To limit the impact of resubmissions and corrections on the reporting to CESOP and to ensure

availability of data in the system, it is recommended for PSPs to align with the Member States to which

they submit the data. For Member States, it is recommended that:

• The national tax administration gives the payment service provider a time frame to resubmit the

payment message;

• The time frame should not exceed 30 calendar days, starting from the date the validation message

is sent by the Member State to the payment service provider;

• If the submission is not done before the end of the resubmission period, a notification should be

sent to the payment service provider with a deadline to comply with the resubmission obligation;

• Each Member State should enact legislation that allows for the sanction of payment service

providers who fail to submit or resubmit correct payment data within the given time frame.

These recommendations also apply in case a payment service provider does not submit any payment

message before the submission deadline and in case a payment service provider submits data that is not

in scope (e.g. a payment service provider sends data on domestic payment transactions). In addition, the

submission of data on payees who’s number of transactions do not exceed the threshold shall be

considered as non-compliant with the rules established with article 243b and can be subject to sanctions.

In case of late submission of payment data messages by payment service providers, they should be

transmitted to CESOP as soon as they are received and have successfully passed the validation check.

This, however, does not prevent Member States from applying sanctions for late-submission of the data.

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5.4 Spontaneously correcting mistakes

Even though the submitted data goes through the XSD check and the business rules check, payment

service provides might realize later that there is missing data or/and they by mistake have sent erroneous

payment data that has passed these checks.

In this case, once payment service providers find out that they have sent erroneous data to CESOP, they

can spontaneously send new files with the corrected data to the Member States in accordance with the

rules laid down in the XSD User Guide.

There is no specific deadline for this in the EU legislation as it always remains important for CESOP to

receive correct data. Nevertheless, there is no use to send them after the end of the retention period for

data in CESOP (5 years). After this period, correction will not be possible as the original data will be

deleted.

6 REPORTING SAME PAYEE WITH SEVERAL TRANSACTIONS

This chapter focuses on reporting the payee’s data in the case funds are transferred to a payment account

of the payee.

The CESOP XSD format calls for the reporting of multiple transactions per account. This underpins the

importance for the PSPs to consolidate all transactions for a single account under the same

Reported Payee.

This ensures that each entity (defined by at least the same name and account identifier) is reported once,

with all related transactions consolidated under the specified payee name/account identifier pair. This

approach helps to avoid duplicate reporting of the same name and account identifier.

Therefore, reporting on a per -transaction basis rather than by payee constitutes an incorrect reporting

method and could lead to an error and the full rejection of the file. When the same payee is listed multiple

times, once for each transaction falling un der the same account, it results in redundant data, larger file

sizes, possible more errors and additional burden for the reporting PSP and CESOP. Payment data files

adopting this approach may trigger an error, preventing CESOP from processing the message effectively.

Starting with the version v4.03 of the XSD, it is possible to report a payee with several account identifiers

as one reported payee. With that version, the PSPs are still obliged to consolidate the information per

account with all the related transactions. This means that if the same payee is associated with Account1

(used for Transaction1, Transaction2) and Account2 (used for Transaction3, Transaction4), the payee

must be reported under 2 distinct reported payees: one per account with all underlying transactions.

For more details when two or more reported payees are considered as being the same payee, we refer to

the XSD User Guide.

We hereby provide some examples for the same payee, two examples where the data is correctly reported

and one where the data is incorrectly reported, potentially leading to an error and the full rejection of the

payment data file.

Example 1: Different account identifiers and split of the reported transactions

In case the payee has two different account identifiers, the reported transactions can and must be split

over two different reported payees, allowing to identify to which account the funds were transferred. In

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this case we have a situation where dividing the reported transactions amongst various similar reported

payees is valid, because the same payee is reported with a different account identifier.

Figure 44 – Split of the reported transactions in the case of different account identifiers.

1st reported payee 2nd reported payee (with different account than the 1st

one)

Example 2: Same account identifier and consolidation of the reported transactions

In case the payee has only one account identifier, the correct way of reporting is to consolidate the

transactions under a single reported payee, as illustrated below:

Figure 45 – Consolidate the reported transactions in the case of only one account identifier.

1st and only reported payee

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Example 3: Same account identifier but transactions not consolidated

The incorrect way of reporting is dividing the reported transactions amongst various similar reported

payees. This practice is deemed inappropriate by the CESOP system and could potentially lead to an

error and the full rejection of the payment file by CESOP.

Figure 46 – Incorrect way of reporting in the case of only one account identifier.

1st reported payee 2nd reported payee (with same account as the 1st one)

7 FINAL REMARKS

As already indicated above, these Guidelines aim to provide practical information and explanations on

the reporting of payment data by payment service providers and on their collection by Member States.

They do not have legal value and only serve to explain the legal obligation without going against it.

The Guidelines may be subject to changes and update d in the future following the evolution of the

payment market and the application of the reporting obligation.

Questions or comments about the Guidelines can be sent to TAXUD-CESOP@ec.europa.eu.

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