{"release":{"id":"a4f2a0495fe55b47323883f82977a9b34ab66171ec9623e39925d3a7045b6c81","published":"2026-11-01T16:41:30Z","pinned":false},"limits":{"coverage":{"history":"current_only","held_since":"2024-06-28","gaps":[],"covered":["EBA Q&A 2021_6256 — Q&A — Payee-initiated transactions with irregular period [Final Q&A] L3"],"not_covered":["national guidance","court decisions"]},"freshness":{"release_id":"a4f2a0495fe55b47323883f82977a9b34ab66171ec9623e39925d3a7045b6c81","release_published":"2026-11-01T16:41:30Z","checked_at":"2026-10-26","checked_against":"the EBA publication"},"truncation":null,"failures":[],"incomplete":[]},"page":{"path":"/psd2/level-3/q-and-a/eba/eba-qa-2021-6256-payee-initiated-transactions-with-irregular-period-or","url":"https://www.headlesslaw.com/psd2/level-3/q-and-a/eba/eba-qa-2021-6256-payee-initiated-transactions-with-irregular-period-or","title":"EBA Q&A 2021_6256 — Q&A — Payee-initiated transactions with irregular period [Final 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prepared by the European Commission, published in the EBA Q&A tool · not legislation · published 28 Jun 2024 [Final Q&A]","attribution":{"prepared_by":"European Commission","published_by":"EBA","published_in":"EBA Single Rulebook Q&A tool","document_type":"qa_answer","legal_nature":"not_legislation","addressees":"not stated in the document","dates":{"published_on":"2024-06-28","question_submitted_on":"2021-10-26","locators":{"published_on":"EBA Q&A register entry 2021_6256, field 'Final publishing date'","question_submitted_on":"EBA Q&A register entry 2021_6256, field 'Submission date'"}},"adoption":null}},"provenance":{"official_url":"https://www.eba.europa.eu/single-rule-book-qa/qna/view/publicId/2021_6256","check":{"result":"matched","checked_at":"2026-10-26","against":"the EBA publication"},"repo_path":"spaces/psd2/level-3/q-and-a/eba/eba-qa-2021-6256-payee-initiated-transactions-with-irregular-period-or.md","body_sha256":"ef6236cd56b97342ed07907a82751639c0fc95076140a61277e8381191e32dec"},"units":[],"markdown":"---\ntitle: \"EBA Q&A 2021_6256 — Q&A — Payee-initiated transactions with irregular period [Final Q&A]\"\nshortTitle: \"EBA Q&A 2021_6256 — Q&A — Payee-initiated transactions with irregular period [Final Q&A]\"\nanswer_id: EBA_QA_2021_6256\nstatus: \"Final Q&A\"\ntype: qa\ninstrument_type: qa\nauthority: EBA\nbinding: false\nbinding_character: non_binding\nlegal_status: in_force\nregulation: \"PSD2\"\npsd2_level3: true\nmica_level2: false\nlegal_basis: \"Article 97 PSD2\"\ndate: 28 June 2024\nsource_link: https://www.eba.europa.eu/single-rule-book-qa/qna/view/publicId/2021_6256\nlifecycle: \"Final Q&A\"\ntext_version: \"EBA Q&A register, 28 June 2024\"\nsource_url: \"https://www.eba.europa.eu/single-rule-book-qa/qna/view/publicId/2021_6256\"\ncheck_status: matched\nverified: true\nlast_checked: 2026-10-26\nchecked_against: \"the EBA publication\"\nsource:\n  prepared_by: \"European Commission\"\n  published_by: \"EBA\"\n  published_in: \"EBA Single Rulebook Q&A tool\"\n  evidence:\n    prepared_by: \"Answer prepared by the European Commission because it is a matter of interpretation of Union law.\"\n    locator: \"EBA Q&A register entry 2021_6256, field 'Answer prepared by'\"\ndocument_type: \"qa_answer\"\nlegal_nature: \"not_legislation\"\naddressees: \"not stated in the document\"\ndates:\n  published_on: \"2024-06-28\"\n  question_submitted_on: \"2021-10-26\"\n  locators:\n    published_on: \"EBA Q&A register entry 2021_6256, field 'Final publishing date'\"\n    question_submitted_on: \"EBA Q&A register entry 2021_6256, field 'Submission date'\"\nlifecycle_label: \"Final Q&A\"\n---\n\n**Answer prepared by the European Commission, published in the EBA Q&A tool · not legislation · published 28 Jun 2024 [Final Q&A]**\n\n*Final Q&A · EBA Q&A register, 28 June 2024 · Checked against the EBA publication on 26 Oct 2026 · [Official source](https://www.eba.europa.eu/single-rule-book-qa/qna/view/publicId/2021_6256)*\n\n| | |\n|---|---|\n| **Full title** | EBA Q&A 2021_6256 — Q&A — Payee-initiated transactions with irregular period \\[Final Q&A\\] |\n| **Prepared by** | European Commission |\n| **Published by** | EBA, in the EBA Single Rulebook Q&A tool |\n| **Reference** | EBA_QA_2021_6256 |\n| **Document type** | Q&A |\n| **Legal nature** | Not legislation |\n| **Addressees** | Not stated in the document |\n| **Dates** | Published 28 June 2024; question submitted 26 October 2021 |\n| **Legal basis** | Article 97 PSD2 |\n| **Related instruments** | None recorded |\n| **Text on this page** | Word for word — the full text of the EBA publication |\n\n**Payee-initiated transactions with irregular period or variable amounts for account payments.**\n\n### Question\n\nPlease clarify whether payee-initiated account transactions available in Account Servicing Payment Service Providers (ASPSPs)’ online banking channels are considered discriminatory under PSD2 when not available in the PSD2 Application Programming Interfaces (APIs).\n\n### Background\n\nReferring to the background for Q&A 4131 and its resulting answer, we would like a clarification on whether ASPSPs have a duty to support payee-initiated-transactions based on an agreement between Merchant and PSU. Most ASPSP does not provide such functionality in their PSD2 APIs, although the functionality is available in their online banking channels packaged as products.\n\nWhen ASPSPs provide support for the functionality to set up agreements between a PSU and merchant where variable amounts can be deducted by payee directly without PSU active interaction from their accounts. According to Q&A 4131, it is clearly stated that:\n\n\"Payments that are based on a (standing) agreement between a customer and a merchant, according to which the customer authorizes the merchant to initiate subsequent transactions in relation to the agreed delivery of goods or services can be considered as payee initiated transactions, provided that these payments are not dependent on a specific action of the payer to trigger the initiation of the payment by the payee.\"\n\nMost ASPSPs have support for such a setup where the PSU enter into an agreement with a merchant and the merchant can debit their account up to a certain amount within certain time intervals. The initial debit authorization is made in the online banking channels, and the amount limits can be adjusted in the online banking channels. This is for all intents and purposes payee-initiated transactions that exists in the online banking channels of the banks, but not in the PSD2 APIs. This kind of arrangement is typically organized in national payment products but is as such a supported functionality for the payment accounts and should therefore also be available in the PSD2 APIs without TPPs having to use the product the functionality is packaged into.\n\nThese products are typically built up and organized in third party companies that are or were originally owned by the banks themselves.\n\nIt is unclaar whether an ASPSP also equally obligated to provide such functionality (not packaged as products) for payee-initiated payments through their PSD2 APIs.\n\n***\n\n### Answer\n\nArticle 4, point (15), of Directive 2015/2366/EU (PSD2) defines a payment initiation service (PIS) as a service to initiate a payment order at the request of the payment service user (PSU) with respect to a payment account held at another payment service provider (PSP). Article 4, point (10) PSD2 defines ‘payment service user’ as a natural or legal person making use of a payment service in the capacity of payer, payee, or both.\n\nThe payer’s right to make use of PISs, provided that the payer’s payment account is accessible online, is explicitly laid down in Article 66(1) of PSD2, together with several obligations for account servicing payment service providers (ASPSPs) and payment initiation service providers (PISPs) to ensure the payer’s right to use such services (Article 66, points (3) and (4) of PSD2).\n\nHowever, there is no equivalent provision in PSD2 that guarantees the right of the payee to make use of PISs for payee-initiated transactions. As a consequence, PSD2 neither excludes that payees may make use of PISs for their payee-initiated account transactions, nor guarantees a right for payees to make use of such PISs.\n\nPSD2 dates back to 2015. Since then, the initiation of payments has significantly developed in a way that was not anticipated by the co-legislators in 2015.\n\nThe issue of whether the provision of PISs extends also to payee-initiated transactions is not addressed by the PSD2. It can therefore not be concluded that payee-initiated transactions which are available in ASPSPs’ direct online banking channels also have to be made available to third party providers through Application Programming Interfaces (APIs).\n\nDisclaimer: The answers clarify provisions already contained in the applicable legislation. They do not extend in any way the rights and obligations deriving from such legislation nor do they introduce any additional requirements for the concerned operators and competent authorities. The answers are merely intended to assist natural or legal persons, including competent authorities and Union institutions and bodies in clarifying the application or implementation of the relevant legal provisions. Only the Court of Justice of the European Union is competent to authoritatively interpret Union law. The views expressed in the internal Commission Decision cannot prejudge the position that the European Commission might take before the Union and national courts.\n\n***\n\n**Source:** [EBA original document](https://www.eba.europa.eu/single-rule-book-qa/qna/view/publicId/2021_6256)\n\n## Related Level 1 articles\n\n- [Article 97 — Authentication](../../../articles/97.md)\n"}