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Article 11 - Additional information and data to be reported for monitoring compliance with the provisions of national law transposing Titles III and IV of Directive (EU) 2015/2366

Article 11

Additional information and data to be reported for monitoring compliance with the provisions of national law transposing Titles III and IV of Directive (EU) 2015/2366

1.   Where the competent authority of the host Member State requires periodical reporting in order to monitor compliance with the provisions of national law transposing Titles III and IV of Directive (EU) 2015/2366, all payment institutions providing payment services in its territories via branches or agents under the right of establishment shall include in their reports all the information referred to in Article 10 and the following information:

(a)

the name and contact details of the person or persons responsible for the payment institution’s activity and of the compliance officer, if different, in the host Member State, where applicable;

(b)

the name and contact details of the central contact point in accordance with Article 29(4) of Directive (EU) 2015/2366, where applicable;

(c)

the number of complaints received from payment service users in the host Member State concerning the rights and obligations under Titles III and IV of Directive (EU) 2015/2366 and security-related customer complaints within the reporting period, broken down into the number of complaints that have been settled and the number that have not, and into the number of complaints that have been replied to and the number that have not, per agent or branch;

(d)

a brief description of the procedure in place to handle and follow up on customer complaints;

(e)

amendments to framework contracts within the reporting period;

(f)

the number of major operational and security incidents that affected payment service users in the host Member State within the reporting period;

(g)

the aggregated number of requests for refunds received from payment service users within the reporting period for unauthorised or incorrectly executed payment transactions and, where appropriate, the aggregated number of requests for refunds received from payment service users and from account servicing payment service providers (ASPSPs) within the reporting period for losses resulting from one or more of the liabilities referred to in Article 5, (2) and (3), of Directive (EU) 2015/2366, broken down into the number of transactions that have been refunded to the payment account and the number that have not;

(h)

the total value of refunds made to payment service users within the reporting period, broken down into unauthorised and incorrectly executed payment transactions, and, where appropriate, the total value of refunds made to payment service users and to ASPSPs for losses resulting from the liabilities referred to in Article 5, (2) and (3), of Directive (EU) 2015/2366, broken down into unauthorised and incorrectly executed payment transactions, into unauthorised and fraudulent access to payment account information and into unauthorised and fraudulent use of such information;

(i)

a brief description of the payment institution’s business model, focusing on the way in which payment services are provided in the host Member State.

2.   Payment institutions shall report values in the currency of the host Member State and, where required to convert currencies, apply the average European Central Bank reference exchange rate for the applicable reporting period.

3.   Payment institutions shall report the information listed in paragraph 1 to the competent authority of the host Member State in the form laid down in Annex VI. Payment institutions shall report this information annually, for the calendar year, within two months after the end of each calendar year.