NBB Circular 2019_04 / EBA Guidelines on conditions for exemption from the emergency mechanism under Article 33(6) of Delegated Regulation (EU) 2018/389

boulevard de Berlaimont 14 - BE-1000 Brussels tel. +32 2 221 27 67 - fax + 32 2 221 31 04 company number: 0203. 201. 340 RPM Brussels www. bnb. be National Bank of Belgium Eurosystem Circular Brussels, 19 March 2019 Reference: NBB 2019 04 your contacts:
Reinout Temmerman tel. +32 2 221 32 09 reinout. temmerman@nbb. be

EBA Guidelines on the conditions to be met to benefit from an exemption from the emergency mechanism pursuant to Article 33, paragraph 6, of Delegated Regulation (EU) 2018/389 (regulatory technical standards on strong customer authentication and common and secure open standards for communication)

Scope
Payment service providers managing accounts referred to in Article 2, 12°, of the Law of 11 March 2018 on the status and supervision of payment institutions and electronic money institutions, on access to the activity of payment service providers, and on the activity of issuing electronic money, and on access to payment systems which are subject to the supervision of the NBB. These are credit institutions, payment institutions, and electronic money institutions.

Summary/Objective
This circular implements the guidelines of the European Banking Authority (hereinafter the 'EBA') concerning the conditions to be met to benefit from an exemption from the emergency mechanism pursuant to Article 33, paragraph 6, of Delegated Regulation (EU) 2018/389 (regulatory technical standards on strong customer authentication and common and secure open standards for communication). These guidelines apply to emergency mechanisms applicable to a dedicated interface referred to in Article 33 of the regulatory technical standard, and in particular to the exemption from the obligation to implement an emergency mechanism pursuant to Article 33, paragraph 4, of the regulatory technical standard.

Madam, Sir,
By this circular, the National Bank of Belgium (hereinafter the 'Bank') wishes to signify that the guidelines of the European Banking Authority (hereinafter the 'EBA') concerning the conditions to be met to benefit from an exemption from the emergency mechanism pursuant to Article 33, paragraph 6, of Delegated Regulation (EU) 2018/389 (regulatory technical standards on strong customer authentication and common and secure open standards for communication) are integrated into its supervisory practice. NBB_2019 04 - 19 March 2019 Circular - P. 1/2

The circular includes the link to the relevant document. These guidelines can be consulted here:
https://eba.europa.eu/documents/10180/257045/final+Report+on+fallback+FR.pdf/420cf0c0-3d29-48be-97a2-f2e27fc1d17E

The present circular is accompanied by a form allowing you to submit to the Bank a request for exemption from the emergency mechanism pursuant to Article 33, paragraph 6, of Delegated Regulation (EU) 2018/389. Payment service providers managing accounts who wish to obtain an exemption from the obligation to implement the emergency mechanism must complete the form appearing in the annex of the manner indicated, take into account the guidelines, and transmit it to the Bank in accordance with the provisions of this circular. This circular is addressed to the approved auditor(s) of your institution. Please accept, Madam, Sir, the assurance of my distinguished consideration.

Circular - P. 2/2 NBB__2019_04 - 19 March 2019