SUP 16.13 Reporting under the Payment Services Regulations

1This section applies to a payment service provider as set out in this section3 (see SUP 16.1.1A D).

The purpose of this section is to: 3

1. (1)

   give directions to authorised payment institutions, small payment institutions and registered account information service providers under regulation 109(1) (Reporting requirements) of the Payment Services Regulations in relation to:3

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   1. (a)

      the information in respect of their provision of payment services and their compliance with requirements imposed by or under Parts 2 to 7 of the Payment Services Regulations that they must provide to the FCA; and3

   2. (b)

      the time at which and the form in which they must provide that information and the manner in which it must be verified;3

2. (2)

   give directions to payment service providers under regulation 109(5) (Reporting requirements) of the Payment Services Regulations in relation to the form of the statistical data on fraud relating to different means of payment that must be provided to the FCA under regulation 109(4) of the Payment Services Regulations at least once per year;3

3. (3)

   give directions to payment service providers under regulation 98(3) (Management of operational and security risks) of the Payment Services Regulations in relation to:3

   1. (a)

      the information that must be contained in the assessment of operational and security risks and the adequacy of mitigation measures and control mechanisms that must be provided to the FCA;3

   2. (b)

      the intervals at which that assessment must be provided to the FCA (if the assessment is required to be provided more frequently than once a year); and3

   3. (c)

      the form and manner in which that assessment must be provided; and3

4. (4)

   give directions to EEA authorised payment institutions under regulation 30(4) of the Payment Services Regulations in relation to:3

   1. (a)

      the information that they must provide to the FCA in respect of the payment services they carry on in the United Kingdom in exercise of passport rights; and3

   2. (b)

      the time at which and the form in which they must provide that information and the manner in which it must be verified.3

3The purpose for which this section requires information to be provided to the FCA under regulation 109 of the Payment Services Regulations is to assist the FCA in the discharge of its functions under regulation 106 (Functions of the FCA), regulation 108 (Monitoring and enforcement) and regulation 109(6) (Reporting requirements) of the Payment Services Regulations.

2The purpose of this section is also to set out the rules applicable to payment service providers3 in relation to complete and timely reporting and failure to submit reports.

3Authorised payment institutions and small payment institutions should refer to the transitional provisions in SUP TP 1.11 (Payment services and electronic money returns).

3Authorised payment institutions, small payment institutions and registered account information service providers are reminded that they should give the FCA reasonable advance notice of changes to their accounting reference date (among other things) under regulation 37 of the Payment Services Regulations. The accounting reference date is important because many frequencies and due dates for reporting to the FCA are linked to the accounting reference date.

3Regulation 109(4) of the Payment Services Regulations requires payment service providers to provide to the FCA statistical data on fraud relating to different means of payment.

3This requirement applies to:

1. (1)

   authorised payment institutions;

2. (2)

   small payment institutions;

3. (3)

   registered account information service providers;

4. (4)

   electronic money institutions;

5. (5)

   credit institutions;

3The return set out in SUP 16 Annex 27ED must be provided to the FCA at least once per year. The first return should cover the period beginning on 13 January 2018 and ending on 31 December 2018 and should be submitted by 31 January 2019. Subsequent returns should cover consecutive reporting periods of one year beginning on 1 January and ending on 31 December each year and should be submitted within 1 month of the end of the reporting period.

4Regulation 98(1) of the Payment Services Regulations provides that each payment service provider must establish a framework with appropriate mitigation measures and control mechanisms to manage the operational and security risks relating to the payment services it provides.

4Regulation 98(2) of the Payment Services Regulations provides that each payment service provider must provide to the FCA an updated and comprehensive assessment:

1. (1)

   of the operational and security risks relating to the payment services it provides; and

2. (2)

   on the adequacy of the mitigation measures and control mechanisms implemented in response to those risks.

The purpose of SUP 16.13.11G to 16.13.17G is to direct the form and manner of the assessment and the information that the assessment must contain.

4The EBA issued Guidelines on 12 December 2017 on the security measures for operational and security risks of payment services under the Payment Services Directive. The Guidelines specify requirements for the establishment, implementation and monitoring of the security measures that payment service providers must take to manage operational and security risks relating to the payment services they provide.

[Note: see https://www.eba.europa.eu/regulation-and-policy/payment-services-and-electronic-money/guidelines-on-security-measures-for-operational-and-security-risks-under-the-psd2]

4Payment service providers should submit the form and the assessments to the FCA in accordance with SUP 16.13.13D(2) as soon as practicable after the assessments have been completed.

4Payment service providers may provide operational and security risk assessments to the FCA on a more frequent basis than once every calendar year if they so wish. Payment service providers should not, however, submit such assessments more frequently than once every quarter.

4Subject to the requirements in SUP 16.13.13D, payment service providers should submit a nil return for each quarter in which they do not make a submission to the FCA.

4Payment service providers should note that article 16(3) of Regulation (EU) No. 1093/2010 also requires them to make every effort to comply with the EBA’s Guidelines on security measures for operational and security risks of payment services.