Association generally agrees with guidelines as proposed
>> Read: ESBG position paper
>> See: EBA draft guidelines
BRUSSELS, 9 August 2018 – ESBG welcomes the European Banking Authority's (EBA) recent efforts, in the form of draft guidelines and their recent opinion, with the aim to provide clarity on the implementation of certain aspects of the regulatory technical standards (RTS) on strong customer authentication (SCA) and common and secure communication (CSC). In its response to a related EBA consultation, the association said that a harmonised approach across national competent authorities (NCAs) is key when assessing banks whether conditions are met to be exempted from having to provide contingency measures.
ESBG generally agrees with the guidelines as proposed and agrees with EBA’s efforts to provide further guidance and clarity in respect of the service level, availability and performance of the interface that the ASPSP needs to have in place, the publication of the performance indicators, the stress testing to be carried out, obstacles to accessing payment accounts, the design and testing of the interfaces to the satisfaction of payment services providers, the wide usage of the interface, the resolution of problems, and the consultation by competent authorities with the EBA.
In the answer to EBA’s consultation paper, ESBG suggests to provide further clarity on the assessments for the availability of the dedicated interface, and asks for more clarity on the aspect of stress-testing. ESBG also stresses out that actions taken by or on behalf of the payment service user (PSU) cannot be regarded as obstacles. Further, ESBG is of the opinion that the requirement to make changes available in the test environment before launching in production limits the ability for account servicing payment service providers (ASPSs) to innovate and to launch new competitive and products and services if indeed EBA’s intention is that such innovative launches should be shared with the third-party provider (TPP) community first before these can be launched to the public. In addition, ESBG fears that interpretations of the term “widely used” can become subjective, leading to fragmentation across the EU, and actors may be able to interpret the term to their benefit.
The ESBG membership is eager to apply for exemptions as soon as possible and it wishes to start testing the sooner rather the later. To that end, ESBG acknowledges the timelines as envisioned by the EBA. ESBG also observes, however, that the timelines are very challenging – with a planned publication date of January 2019 whilst ASPSPs need to publish specifications at around the same time, and whilst testing needs to start in March 2019 is pulling it short. As per the input provided to the consultation paper, ESBG believes that at some points further clarity is required, and that there is still some risk for subjective interpretations, which can lead to fragmentation across Member States.