Central Bank of Luxembourg Regulation 2021/No. 30 of 12 July 2021 on Payment Statistics

BANQUE CENTRALE DU LUXEMBOURG
Central Bank of Luxembourg Regulation 2021/No. 30 of 12 July 2021 on Payment Statistics

The Management of the Central Bank of Luxembourg,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 127(2) and (5) thereof;

Having regard to Articles 3, 5.1, 5.2 and 22 of the Statutes of the European System of Central Banks and of the European Central Bank (hereinafter the 'ECB');

Having regard to Articles 2 and 3a of Council Regulation No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank, as amended in particular by Council Regulation No 951/2009 of 9 October 2009;

Having regard to Article 108bis of the Constitution;

Having regard to the Law of 23 December 1998 on the monetary status and the Central Bank of Luxembourg (hereinafter the 'BCL'), as amended, in particular Articles 2(5), 27-3, 32 and 34(1);

Having regard to the application of European Central Bank Regulation (EU) No 1409/2013 of 28 November 2013 (ECB/2013/43) on payment statistics, as amended by European Central Bank Regulation (EU) 2020/2011 of 1 December 2020 (ECB/2020/59);

Having regard to European Central Bank Recommendation (EU) 2021/832 of 26 March 2021 on reporting obligations in the field of payment statistics (ECB/2021/13);

Having regard to the guidelines of the European Banking Authority (hereinafter the 'EBA') concerning the requirements for the reporting of data on fraud under Article 96(6) of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC;

Having regard to the Law of 10 November 2009 on payment services, electronic money institution activity and the finality of payment transactions and settlement systems for securities transactions, as amended;

Having regard to BCL Regulation 2016/No. 21 of 15 January 2016 on the supervision of payment systems, settlement systems for securities transactions and payment instruments in Luxembourg;

Whereas the BCL requires data on payments:

1. to satisfy the ECB's requirements regarding payment and payment system statistics;
2. to facilitate its supervision of payment systems and instruments;
3. to satisfy the BCL's own needs to ensure:

o the monitoring of the evolution of the use of payment systems and payment instruments; and o the collection and publication of statistical data at the national and European level in an aggregated manner for the Luxembourg financial centre.

To facilitate the collection and publication of statistics on payments and payment systems in the Grand Duchy of Luxembourg, the BCL acts as the single point of contact with all establishments active in payment services, without prejudice to the collection powers of the Financial Sector Supervisory Commission (hereinafter the 'CSSF') in this area and without prejudice to the rules on the protection and use of confidential statistical information collected as set out in Regulation (EC) No 2533/98.

Given that Regulation No 9 of 4 July 2011 has been amended several times, it is proposed to repeal it.

HEREBY ADOPTS THIS REGULATION:

Article 1: Definitions

The terms used in this Regulation and its Annexes have the meaning given in Annex II to European Central Bank Regulation (EU) 2020/2011 of 1 December 2020 amending Regulation (EU) No 1409/2013 on payment statistics (ECB/2013/43) (ECB/2020/59) as well as in Article 4 of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market.

Article 2: Scope

This collection is addressed to reporters defined as establishments subject to the obligation to transmit payment statistics under this Regulation.

The following are considered reporters under this Regulation:

1. Credit institutions;
2. Electronic money institutions;
3. Payment institutions;
4. Post Luxembourg for its payment-related activities.

This Regulation applies to reporters that are legal persons under Luxembourg law or Luxembourg branches of credit institutions, electronic money institutions or payment institutions authorized as such in another Member State of the European Union or in a third country.

Agents holding an exemption upon request under the provisions of the ECB Regulation are not subject to a statistical obligation. Agents holding an exemption under the ECB Regulation automatically benefit from an exemption under this Regulation.

Article 3: Subject matter of the collection

The following are subject to the collection:

• Customer transfers;
• Fraudulent customer transfers;
• Customer direct debits (standing orders);
• Fraudulent customer direct debits;
• SEPA transactions;
• Interbank transactions;
• Intermediated transactions;
• Transactions carried out using payment cards (issuance activity);
• Fraudulent transactions carried out using payment cards (issuance activity);
• Transactions carried out using payment cards (acquiring activity);
• Fraudulent transactions carried out using payment cards (acquiring activity);
• Deposits and withdrawals related to prepaid payment cards;
• Transactions carried out using checks;
• Fraudulent transactions carried out using checks;
• Transactions carried out via 'Money remittances';
• Fraudulent transactions carried out via 'Money remittances';
• Over-the-counter cash operations ('OTC cash transactions');
• Payment operations resulting from a book entry ('Book entries');
• Payment operations in electronic money;
• Fraudulent payment operations in electronic money;
• Operations relating to payment initiation services;
• Fraudulent operations relating to payment initiation services;
• Account information services;
• Number of cards issued;
• Number of cards distributed;
• Number of terminals;
• Number of customer accounts;
• Number of accounts accessed in the context of payment account information services;
• Number of clients in the context of payment account information services;
• Losses related to fraudulent operations.

Article 4: Implementation details

Reporters transmit data by means of one or more XML files, within the time limits and according to the following periodicities:

• Transactional and stock reports must be transmitted monthly within ten business days following the period to which they relate.
• Reports relating to transaction fraud must be transmitted to the BCL within a period of two months and ten business days following the period to which they relate.

Reporters transmit their statistical reports via the currently valid electronic transmission channels (SOFIE or FINESTI).

Each table transmitted to the BCL is subject to a set of validation rules. If one or more of the validation rules is (are) not respected, the XML file is rejected, and an error message is sent to the reporter. A transmission that has not passed the validation rules is considered not to have been made.

Article 5: Obligations of reporters

Reporters verify the quality of the data transmitted to the BCL in accordance with the verification rules detailed in the 'BCL Manual on payment statistics' (hereinafter the 'BCL Manual') referred to in Article 9 of this Regulation, before transmission.

Reporters carry out rigorous checks as soon as the data is produced in order to meet both the quality requirements and the time limits set by the ECB and the BCL.

Reporters must respond to questions raised by the BCL within the framework of quality controls.

Article 6: Data retention period

Reporters retain statistical reports and documents relating thereto for twenty-four months.

Article 7: Use of data

The data collected is used for the exercise of the missions of the BCL, the CSSF, the ECB and the EBA.

Article 8: Sanctions

Without prejudice to the powers of the ECB and the CSSF, in areas falling within their respective competences, to impose sanctions on reporters in the event of failure to comply with the corresponding obligations, the BCL may make public any contravention of the provisions of this Regulation and inform the competent authorities.

Article 9: Miscellaneous provisions

This Regulation is supplemented by the 'BCL Manual' which specifies the practical arrangements concerning the implementation of the obligations provided for in this Regulation. The 'BCL Manual' is published on the BCL website (www.bcl.lu) and may be regularly updated by the BCL.

Article 10: Repeal, Entry into force, Publication

This Regulation repeals and replaces BCL Regulation No. 9 of 4 July 2011, as amended by BCL Regulation 2015/No. 20 of 24 August 2015 on the collection of data on payment instruments and operations.

This Regulation enters into force on the day of its publication.

The elements of the collection on payment statistics referred to in Regulation (EU) 2020/2011 must be transmitted starting from the reference period of January 2022. The first transmission of payment operation data will take place in February 2022 and the first transmission of fraudulent payment transaction data will take place in April 2022 for January 2022 data.

This Regulation is published in the Official Journal of the Grand Duchy of Luxembourg and on the BCL website (www.bcl.lu).

BANQUE CENTRALE DU LUXEMBOURG
The Management