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prepared by the European Commission, published in the EBA Q&A tool · not legislation · published 17 Jan 2025 [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":"2025-01-17","question_submitted_on":"2021-11-17","locators":{"published_on":"EBA Q&A register entry 2021_6283, field 'Final publishing date'","question_submitted_on":"EBA Q&A register entry 2021_6283, field 'Submission date'"}},"adoption":null}},"provenance":{"official_url":"https://www.eba.europa.eu/single-rule-book-qa/qna/view/publicId/2021_6283","check":{"result":"matched","checked_at":"2026-10-26","against":"the EBA 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\"https://www.eba.europa.eu/single-rule-book-qa/qna/view/publicId/2021_6283\"\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_6283, field 'Answer prepared by'\"\ndocument_type: \"qa_answer\"\nlegal_nature: \"not_legislation\"\naddressees: \"not stated in the document\"\ndates:\n  published_on: \"2025-01-17\"\n  question_submitted_on: \"2021-11-17\"\n  locators:\n    published_on: \"EBA Q&A register entry 2021_6283, field 'Final publishing date'\"\n    question_submitted_on: \"EBA Q&A register entry 2021_6283, 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 17 Jan 2025 [Final Q&A]**\n\n*Final Q&A · EBA Q&A register, 17 January 2025 · Checked against the EBA publication on 26 Oct 2026 · [Official source](https://www.eba.europa.eu/single-rule-book-qa/qna/view/publicId/2021_6283)*\n\n| | |\n|---|---|\n| **Full title** | EBA Q&A 2021_6283 — Q&A — Provision of the acquiring of payment transactions \\[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_6283 |\n| **Document type** | Q&A |\n| **Legal nature** | Not legislation |\n| **Addressees** | Not stated in the document |\n| **Dates** | Published 17 January 2025; question submitted 17 November 2021 |\n| **Legal basis** | Article 1(1) PSD2 |\n| **Related instruments** | None recorded |\n| **Text on this page** | Word for word — the full text of the EBA publication |\n\n**Provision of the \"acquiring of payment transactions\" payment service in the EU**\n\n### Question\n\nPlease provide your opinion on whether the payment service – acquiring of payment transactions on an EU webshop – can be provided by a payment service provider from a third country. Please refer to Q&A 4233.\n\n### Background\n\nFollowing the United Kingdom withdrawal from the European Union on 31 January 2020 (Brexit), several UK financial institutions made enquiries regarding their possibilities to provide payment services after Brexit.\n\nThe European Banking Authority addressed communications to payment service users and UK financial institutions (link: https://www.eba.europa.eu/risk-analysis-and-data/brexit), explaining the meaning of the Withdrawal Agreement reached between the EU and UK, in the context of the provision of services by UK financial institutions in the EU.\n\nThese explanations were very helpful; nevertheless, there are certain issues that require further clarification.\n\nFurthermore, we would like to consider this question as not limited to UK financial institutions, but in the context of financial institutions from all the third countries (outside EEA, hereinafter referred to as EU).\n\nPayment services in the EU can be provided by the payment service providers listed in Article 1 of Directive (EU) 2015/2366 (PSD2). Financial institutions from the countries outside the EU not holding a valid authorisation issued by the supervisory authorities in the EU do not have the right to provide payment services in the EU.\n\nOn the other hand, payment service users from the EU may maintain their bank accounts held with financial institutions outside the EU and can use payment services provided by the financial institutions from non-EU countries, as long as they are provided outside the EU.\n\nFinancial institutions from third countries may provide payment services to payment service providers from the EU as long as they do not have physical substance on the EU territory and as long as they do not actively solicit such customers from the EU.\n\nPlease bear in mind the provisions of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions. In order to limit the scope of Regulation (EU) 2015/751 to \"card-based payment transactions carried out within the Union, where both the payer's payment service provider and the payee's payment service provider are located therein\", the Regulation defines 'point of sale' as:\n\n\"(29) ‘point of sale’ means the address of the physical premises of the merchant at which the payment transaction is initiated. However:\n\n(a) in the case of distance sales or distance contracts (i.e. e-commerce) as defined in point 7 of Article 2 of Directive 2011/83/EU, the point of sale shall be the address of the fixed place of business at which the merchant conducts its business regardless of website or server locations through which the payment transaction is initiated;\n\n(b) in the event that the merchant does not have a fixed place of business, the point of sale shall be the address for which the merchant holds a valid business licence through which the payment transaction is initiated;\n\n(c) in the event that the merchant does not have a fixed place of business nor a valid business licence, the point of sale shall be the address for correspondence for the payment of its taxes relating to its sales activity through which the payment transaction is initiated.\"\n\nPlease also bear in mind the EBA's answer provided in Q&A 4233.\n\nEU payment service users should have the same rights while making card payments in EU stores, no matter whether that store is physical or virtual (webshop).\n\nAlso, EU payment service users should be given the same level of protection by the provisions of EU law – by the provisions of Directive (EU) 2015/2366 PSD2 and Commission Delegated Regulation (EU) 2018/389 (RTS on SCA) in card payments in EU shops (physical and virtual).\n\nThe provisions of EU law (PSD2, RTS on SCA, AMLFT provisions, Regulation (EU) 2015/751 on interchange fees, etc.) do not apply to payment service providers from third countries.\n\n***\n\n### Answer\n\nThe acquiring of payment transactions, as defined in Article 4, point (44) of Directive (EU) 2015/2366 (PSD2) is a payment service regulated under PSD2. Accordingly, the provision of such services within the EU requires authorisation as a payment service provider (PSP), as referred to in Article 1(1) of PSD2.\n\nAccording to Article 11(1) of PSD2, all entities seeking authorisation as a payment institution under PSD2 must be a legal person established in a Member State.\n\nConsequently, entities from third countries that have not been granted authorisation from competent authorities in a Member State to provide acquiring services, as listed in Annex I point 5 of PSD2, are not permitted to offer these payment services within the EU. The same condition regarding the requirement of establishment in the EU applies to credit institutions authorised in the EU/EEA. and branches that are authorised to operate in the EU/EEA of undertakings established in a third country as referred to in Article 47 Directive 2013/36/EU (please see Q&A 6882); electronic money institutions, in accordance with Article 3(1) of EMD2, and to other PSPs listed in Article 1(1) of PSD2, in accordance with the regulations specific to these entities.\n\nRegarding the obligations of PSPs in relation to the application of SCA rules in relation to the so-called “one-leg” transactions, where the acquirer (the payee’s PSP) is located outside the Union, please refer to Q&A 4030 and Q&A 4233.\n\nDisclaimer: The answer clarifies 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_6283)\n\n## Related Level 1 articles\n\n- [Article 1 — Subject matter](../../../articles/1.md)\n"}