2020-01-01
The Council of the Central Bank of Montenegro issued this Decision to establish the technical and operational requirements for executing euro-denominated credit transfers and direct debits within the SEPA framework. It mandates that payment service providers utilize IBAN identifiers and ISO 20022 XML message formats while ensuring end-to-end straight-through processing and strict data element transmission. The regulation defines specific data obligations for both credit transfers and direct debits, including mandate handling and payer rights, and remains in force until Montenegro's accession to the European Union.
[unofficial translation] Pursuant to Article 14 item 4, Article 32 and Article 44 paragraph 2 item 3 of the Central Bank of Montenegro Law (OGM 40/10, 6/13, 70/17, 125/23) and Article 66 of the Payment System Law (OGM 62/13, 111/22), the Council of the Central Bank of Montenegro, at its meeting held on 9 May 2024, passed the following DECISION ON THE REQUIREMENTS FOR EXECUTING CREDIT TRANSFERS AND DIRECT DEBIT TRANSACTIONS IN EURO WITHIN THE SINGLE EURO PAYMENTS AREA (SEPA) Basic provision Article 1 This Decision lays down the requirements for executing international payment transactions via credit transfers and direct debits denominated in euro within the Single Euro Payments Area (hereinafter: the SEPA), when one of the payment service providers is located in Montenegro and the other within the SEPA, including the elements of the payment order for the execution of those transactions. Exemptions Article 2 This Decision shall not apply to the following:
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Decision on the Requirements for Executing Credit Transfers and Direct Debit Transactions in Euro within the Single Euro Payments Area (SEPA) (OGM 44/24) 2 Where payment schemes are based on payment transactions by credit transfers or direct debits but have additional optional features or services, this Decision shall apply only to the underlying credit transfers or direct debits. A payment scheme, within the meaning of this Decision, means a set of rules, practices, standards and guidelines agreed for the execution of payment transactions through credit transfers and direct debits denominated in euro when one of the payment service providers is located in Montenegro and the other within the SEPA, and which is separated from any infrastructure or payment system that supports the operation of that payment scheme. Requirements for executing credit transfer and direct debit transactions Article 3 A payment service provider shall execute credit transfer and direct debit transactions in accordance with the following requirements:
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Decision on the Requirements for Executing Credit Transfers and Direct Debit Transactions in Euro within the Single Euro Payments Area (SEPA) (OGM 44/24) 3
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Decision on the Requirements for Executing Credit Transfers and Direct Debit Transactions in Euro within the Single Euro Payments Area (SEPA) (OGM 44/24) 4 service provider shall transmit that mandate-related information to the payer’s payment service provider with each direct debit transaction. In addition to the requirements referred to in paragraphs 1 and 2 of this Article, the payee accepting credit transfers shall communicate its payment account identifier specified in item 1 sub-item a) of the Annex I of this Decision to its payers, for each requested credit transfer. Before the first direct debit transaction, a payer shall communicate its payment account identifier specified in item 1 sub-item a) of the Annex I of this Decision. Without prejudice to paragraph 5 item 1 sub-item b) of this Article, where the framework agreement between the payer and the payer’s payment service provider does not provide for the right to a refund, the payer’s payment service provider shall verify each direct debit transaction to check whether the amount of the submitted direct debit transaction is equal to the amount and periodicity agreed in the mandate before debiting the payer’s payment account, based on the mandate-related information. Payment service providers shall not require payment service users to indicate the business identifier code of the payment service provider of a payer or of the payment service provider of a payee (hereinafter: the BIC). Payment service providers shall not levy additional charges or other fees on the readout process to automatically generate a mandate for those payment transactions initiated through or by means of a payment card at the point of sale, which result in direct debit. Pursuant to the mandates referred to in paragraphs 5, 8, 10 and 11 of this Article, a payer shall give consent to the payee and the payment service provider of the payer and allow the payee to initiate the debiting of the identified payment account of the payer, and the payment service provider of the payer to act in accordance with the given instruction. Application Article 4 This Decision shall apply until the day of Montenegro’s accession to the European Union.
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Decision on the Requirements for Executing Credit Transfers and Direct Debit Transactions in Euro within the Single Euro Payments Area (SEPA) (OGM 44/24) 5 Entry into force Article 5 This Decision shall enter into force on the eighth day following that of its publication in the Official Gazette of Montenegro. THE CENTRAL BANK OF MONTENEGRO COUNCIL GOVERNOR, CHAIRPERSON Decision no. 0101- 3490 - 2/2024 Podgorica, 9 May 2024 Irena Radović, m.p.
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Decision on the Requirements for Executing Credit Transfers and Direct Debit Transactions in Euro within the Single Euro Payments Area (SEPA) (OGM 44/24) 6 ANNEX I TECHNICAL REQUIREMENTS
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Decision on the Requirements for Executing Credit Transfers and Direct Debit Transactions in Euro within the Single Euro Payments Area (SEPA) (OGM 44/24) 7 − any remittance information; − any payee identification code; − the name of any payee reference party; − any purpose of the credit transfer; − any category of the purpose of the credit transfer; c) in addition to data elements referred to in items a) and b) of this paragraph, the following mandatory data elements are to be provided by the payer’s payment service provider to the payee’s payment service provider: − the BIC of the payer’s payment service provider, if not agreed otherwise by the payment service providers involved in the payment transaction; − the BIC of the payee’s payment service provider, if not agreed otherwise by the payment service providers involved in the payment transaction; − the identification code of the payment scheme; − the settlement date of the credit transfer; − the reference number of the credit transfer message of the payer’s payment service provider; d) the data elements referred to in Article 3 paragraph 3 item 3 are the following: − the payer’s name; − the amount of the credit transfer; − any remittance information. 3. In addition to the requirements referred to in item 1 of this Annex, the following requirements shall apply to direct debit transactions: a) the data elements referred to in Article 3 paragraph 5 sub-item a) of this Decision are the following: − the type of direct debit (recurrent, one-off, first, last or reversal); − the payee’s name; − the IBAN of the payee’s payment account to be credited for the collection; − where available, the payer’s name; − the IBAN of the payer’s payment account to be debited for the collection; − the unique mandate reference; − the date on which the payer’s mandate was signed; − the amount of the collection; − where the mandate has been taken over by a payee other than the payee who issued the mandate, the unique mandate reference as given by the original payee who issued the mandate; − the payee’s identifier; − where the mandate has been taken over by a payee other than the payee who issued the mandate, the identifier of the original payee who issued the mandate; − any remittance information from the payee to the payer; − any purpose of the collection; − any category of the purpose of the collection;
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Decision on the Requirements for Executing Credit Transfers and Direct Debit Transactions in Euro within the Single Euro Payments Area (SEPA) (OGM 44/24) 8 b) the data elements referred to in Article 3 paragraph 5 item 2 of this Decision are the following: − the BIC of the payee’s payment service provider, if not agreed otherwise by the payment service providers involved in the payment transaction; − the BIC of the payer’s payment service provider, if not agreed otherwise by the payment service providers involved in the payment transaction; − the payer reference party’s name, if present in dematerialised mandate; − the payer reference party’s identification code, if present in dematerialised mandate; − the payee reference party’s name, if present in the dematerialised mandate; − the payee reference party’s identification code, if present in dematerialised mandate; − the identification code of the payment scheme; − the settlement date of the collection; − the payee’s payment service provider’s reference for the collection; − the type of mandate; − the type of direct debit (recurrent, one-off, first, last or reversal); − the payee’s name; − the IBAN of the payee’s payment account to be credited for the collection; − where available, the payer’s name; − the IBAN of the payer’s payment account to be debited for the collection; − the unique mandate reference; − the date of signing of the mandate; − the amount of the collection; − the unique mandate reference as given by the original payee who issued the mandate, if the mandate has been taken over by the payee other than the payee who issued the mandate; − the payee’s identifier; − the identifier of the original payee who issued the mandate, if the mandate has been taken over by a payee other than the payee who issued the mandate; − any remittance information from the payee to the payer; Within the meaning of this sub-item, reference party means a person on behalf of whom a payer makes a payment or a payee receives a payment; c) the data elements referred to in Article 3 paragraph 5 item 3 of the Decision are the following: − the unique mandate reference; − the payee’s identifier; − the payee’s name; − the amount of the collection; − any remittance information; − the identification code of the payment scheme.