The European Banking Authority (EBA) launched today a public consultation on its draft Guidelines on the complaints procedures to be taken into consideration by competent authorities (CAs) to ensure and monitor effective compliance by payment service providers (PSPs) of the revised Payment Services Directive (PSD2). These draft Guidelines are part of the EBA’s work to support the core objectives of the PSD2 of strengthening the integrated payments market across the European Union, ensuring a consistent application of the legislative framework and promoting transparency. The consultation runs until 16 May 2017.
The draft Guidelines govern the process of complaints that payment service users and other interested parties, including consumer associations, can submit to CAs with regard to PSPs’ alleged infringements of the PSD2. In particular, these draft Guidelines specify the requirements for the channels to be used by complainants to file their complaints, the information that CAs should request from complainants when complaints are submitted to them and the information CAs should include in their responses to complaints. In addition, the proposed Guidelines require CAs to make an aggregate analysis of the complaints received, to document their internal complaints procedures and to make publicly available information related to their procedures for complaints of alleged infringements of PSD2.
The draft Guidelines apply only to complaints addressed to CAs about alleged infringements of PSD2 and do not cover other issues that payment service users or other interested parties may complain about. They also do not cover the role of CAs related to alternative dispute resolution (ADR) procedures for the settlement of disputes between payment service users and PSPs.
Consultation process
The EBA statement and consultation paper can be found here.
All contributions received will be published following the close of the consultation, unless requested otherwise. Please note that the deadline for the submission of comments is 16 May 2017 and that no attachments can be submitted.
Legal basis and background
These Guidelines have been drafted in accordance with Article 100(6) of the PSD2, which mandates the EBA, after consulting the European Central Bank (ECB), to issue guidelines, addressed to national competent authorities, on the complaints procedures to be taken into consideration to ensure and monitor effective compliance with the PSD2.
In order to fulfil this mandate, the EBA has assessed existing complaints procedures put in place by CAs in accordance with Article 80 of Directive 2007/64/EC (PSD1).