Article 2
Scope
1. This Regulation shall apply to transfers of funds, in any currency, which are sent or received by a payment service provider or an intermediary payment service provider established in the Union.
2. This Regulation shall not apply to the services listed in points (a) to (m) and (o) of Article 3 of Directive 2007/64/EC.
3. This Regulation shall not apply to transfers of funds carried out using a payment card, an electronic money instrument or a mobile phone, or any other digital or IT prepaid or postpaid device with similar characteristics, where the following conditions are met:
(a)
that card, instrument or device is used exclusively to pay for goods or services; and
(b)
the number of that card, instrument or device accompanies all transfers flowing from the transaction.
However, this Regulation shall apply when a payment card, an electronic money instrument or a mobile phone, or any other digital or IT prepaid or postpaid device with similar characteristics, is used in order to effect a person-to-person transfer of funds.
4. This Regulation shall not apply to persons that have no activity other than to convert paper documents into electronic data and that do so pursuant to a contract with a payment service provider, or to persons that have no activity other than to provide payment service providers with messaging or other support systems for transmitting funds or with clearing and settlement systems.
This Regulation shall not apply to transfers of funds:
(a)
that involve the payer withdrawing cash from the payer's own payment account;
(b)
that transfer funds to a public authority as payment for taxes, fines or other levies within a Member State;
(c)
where both the payer and the payee are payment service providers acting on their own behalf;
(d)
that are carried out through cheque images exchanges, including truncated cheques.
5. A Member State may decide not to apply this Regulation to transfers of funds within its territory to a payee's payment account permitting payment exclusively for the provision of goods or services where all of the following conditions are met:
(a)
the payment service provider of the payee is subject to Directive (EU) 2015/849;
(b)
the payment service provider of the payee is able to trace back, through the payee, by means of a unique transaction identifier, the transfer of funds from the person who has an agreement with the payee for the provision of goods or services;
(c)
the amount of the transfer of funds does not exceed EUR 1 000 .