PSD3 Regulation: eMoney and Payment Services Proposal

On June 28, 2023, the European Union (EU) Commission issued proposals for a Payment Services Directive 3 (PSD3) and a Payment Services Regulation (PSR), impacting payment institutions and eMoney services. Under these proposals, the EU seeks to update and regulate the authorisation processes and prudential requirements for firms providing payment and eMoney services. Notably, the PSD3 largely bases its directives on Directive (EU) 2015/2366 (Payment Services Directive 2 – “PSD2”), integrating Electronic Money Institutions (EMIs) as a subcategory of payment institutions. As a result, the term 'payment institutions' will now also encompass institutions conducting electronic money business, effectively abolishing the 'electronic money institution' category.

Transitional provisions have been outlined under articles 44 and 45 of the PSD3 proposal, allowing existing payment and eMoney institutions to continue operating under the PSD2 authorisation for a 24-month transitional period after PSD3 comes into effect. This optimistic approach ensures a smoother transition for institutions, minimising disruptions to their operations.

Navigating the Regulatory Sea Change: Understanding the EU's PSD3 and Its Impact on Payment and eMoney Institutions

The European Union (EU) Commission has rolled out proposals for the Payment Services Directive 3 (PSD3) and a Payment Services Regulation (PSR), signaling a groundbreaking shift in the regulatory framework governing payment and Electronic Money Institutions (EMIs). This move is not just another regulatory tweak; it's a strategic attempt to modernize and harmonize the European financial ecosystem. In a world where financial transactions are increasingly digital, understanding the nuances of these changes is essential for stakeholders in the payment and eMoney sectors.

The PSD3 proposals have a wide-reaching impact across different types of financial institutions in the European Union, specifically targeting:

• Payment Institutions
• Electronic Money Institutions (EMIs)

Regulatory Background and Transitional Provisions

The PSD3 is not a standalone directive but rather a progressive iteration of its predecessor, the Payment Services Directive 2 (PSD2). It incorporates various articles, including Articles 44 and 45, which delineate transitional provisions. These articles allow institutions a 24-month transitional period to align their operations with the new PSD3 requirements after it becomes effective.

The most noteworthy change is the integration of EMIs into the broader category of payment institutions. This is more than a mere reclassification; it's an endeavor to simplify and streamline regulations. Businesses that previously had to juggle compliance between both categories will now find a more unified landscape, potentially reducing the complexities tied to dual compliance.

While the EU aims for a smooth transition, challenges are inevitable. The 24-month transitional period may appear generous, but institutions must demonstrate their compliance with PSD3 within this timeframe. Although the EU allows for automatic authorization for compliant institutions, the administrative burdens associated with demonstrating this compliance could be significant.

How to Navigate the Transition: Mitigating Efforts

To best adapt to this regulatory sea change, institutions can undertake several key actions:

• Regulatory Alignment: Proactively update internal compliance policies to align with PSD3 and PSR.
• Legal Consultation: Engage legal experts to review and adjust operational frameworks.
• Transitional Planning: Develop a comprehensive roadmap to ensure a seamless transition from PSD2 to PSD3.
• Stakeholder Engagement: Maintain transparent communication with customers, vendors, and partners about upcoming changes.

It's crucial to note that the PSD3 proposals are still subject to change as they pass through the European Parliament and Council. Despite this, the existing proposals underscore the EU Commission's proactive approach to adapting to new financial technologies and market behaviors.

The 24-month timeline for the transitional provisions puts a definite "clock" on compliance efforts. Organizations need to act promptly to update their strategies and operational frameworks. The proposed changes, though complex, offer a more unified regulatory environment, which is likely to facilitate innovation and growth in the European payment and eMoney sectors.

The PSD3 and PSR proposals represent the EU Commission's commitment to creating a more flexible and harmonized financial market. While transitional challenges are par for the course, the potential benefits of reduced compliance complexity and a unified market should not be overlooked. Therefore, it's vital for payment and eMoney institutions to proactively engage with these regulatory changes to successfully navigate this sea change.

By understanding and planning for these transformative regulations, financial institutions can position themselves for success in a dynamically evolving European financial landscape.

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On 28 June 2023, the EU Commission presented proposals for a Payment Services Directive 3 (“PSD3”) and a Payment Services Regulation (“PSR”). We have already

PAYMENT.TECHNOLOGY.LAW.Jana Terpetschnig