European Union Adopts Instant Payments Regulatory Guidelines

The European Council reportedly adopted a regulation that will make instant payments fully available in euro to consumers and businesses in the EU and in EEA countries.

The new rules will improve the strategic autonomy of the European economic and financial sector as they will “help reduce any excessive reliance on third-country financial institutions and infrastructures.”

Improving the possibilities to mobilize cash-flows will “bring benefits for citizens and companies and allow for innovative added value services.”

The instant payments regulation will “allow people to transfer money within ten seconds at any time of the day, including outside business hours, not only within the same country but also to another EU member state.”

The regulation takes into consideration “particularities of non-euro area entities.”

Payment service providers such “as banks, which provide standard credit transfers in euro, will be required to offer the service of sending and receiving instant payments in euro.”

The charges that apply (if any) must “not be higher than the charges that apply for standard credit transfers.”

The new rules will come into force after “a transition period that will be faster in the euro area and longer in the non-euro area, that needs more time to adjust.”

The regulation grants access “for payment and e-money institutions (PIEMIs) to payment systems, by changing the settlement finality Directive (SFD).”

As a result, these entities will be “covered by the obligation to offer the service of sending and receiving instant credit transfers, after a transitional period.”

The regulation includes appropriate safeguards “to ensure that the access of PIEMIs to payment systems doesn’t carry additional risk to the system.”

Under the new rules, instant payment providers will “need to verify that the beneficiary’s IBAN and name match in order to alert the payer to possible mistakes or fraud before a transaction is made.”

This requirement will apply “to regular transfers too.”

The regulation includes a review clause “with a requirement for the Commission to present a report containing an evaluation of the development of credit charges.”

This initiative comes in the context of “the completion of the capital markets union. The capital markets union is the EU’s initiative to create a truly single market for capital across the EU.”

It aims to get investment and savings flowing “across all member states for the benefit of citizens, businesses, and investors.”

On 26 October 2022 the Commission “put forward a proposal on instant payments that amends and modernizes the single euro payments area (SEPA) regulation of 2012 on standard credit transfers in euro by adding to it specific provisions for instant credit transfers in euro.”



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