Article 2 — Scope

Financial crimeLevel 1RegulationToFRIn forceVerifiedOfficial source

1.This Regulation shall apply to transfers of funds, in any currency, which are sent or received by a payment service provider or an intermediary payment service provider established in the Union. It shall also apply to transfers of crypto-assets, including transfers of crypto-assets executed by means of crypto-ATMs, where the crypto-asset service provider, or the intermediary crypto-asset service provider, of either the originator or the beneficiary has its registered office in the Union.

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2(2)

2.This Regulation shall not apply to the services listed in Article 3, points (a) to (m) and point (o), of Directive (EU) 2015/2366.

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2(3)

3.This Regulation shall not apply to transfers of funds or to transfers of electronic money tokens, as defined in Article 3(1), point (7), of Regulation (EU) 2023/1114, carried out using a payment card, an electronic money instrument, a mobile phone or any other digital or IT prepaid or postpaid device with similar characteristics, provided that the following conditions are met:

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2(3)(a)

(a)that card, instrument or device is used exclusively to pay for goods or services; and

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2(3)(b)

(b)the number of that card, instrument or device accompanies all transfers flowing from the transaction.

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However, this Regulation shall apply when a payment card, an electronic money instrument, a mobile phone or any other digital or IT prepaid or postpaid device with similar characteristics is used in order to effect a transfer of funds or electronic money tokens between natural persons acting as consumers for purposes other than trade, business or professional activity.

2(4)

4.This Regulation shall not apply to persons that have no activity other than to convert paper documents into electronic data and that do so pursuant to a contract with a payment service provider, or to persons that have no activity other than to provide payment service providers with messaging or other support systems for transmitting funds or with clearing and settlement systems.

This Regulation shall not apply to a transfer of funds where any of the following conditions is met:

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2(4)(a)

(a)it involves the payer withdrawing cash from the payer’s own payment account;

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2(4)(b)

(b)it constitutes a transfer of funds to a public authority as payment for taxes, fines or other levies within a Member State;

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2(4)(c)

(c)both the payer and the payee are payment service providers acting on their own behalf;

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2(4)(d)

(d)it is carried out through cheque images exchanges, including truncated cheques.

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This Regulation shall not apply to a transfer of crypto-assets where any of the following conditions is met:

2(4)(a)

(a)both the originator and the beneficiary are crypto-asset service providers acting on their own behalf;

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2(4)(b)

(b)the transfer constitutes a person-to-person transfer of crypto-assets carried out without the involvement of a crypto-asset service provider.

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Electronic money tokens, as defined in Article 3(1), point (7), of Regulation (EU) 2023/1114, shall be treated as crypto-assets under this Regulation.

2(5)

5.A Member State may decide not to apply this Regulation to transfers of funds within its territory to a payee’s payment account permitting payment exclusively for the provision of goods or services where all of the following conditions are met:

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2(5)(a)

(a)the payment service provider of the payee is subject to Directive (EU) 2015/849;

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2(5)(b)

(b)the payment service provider of the payee is able to trace back, through the payee, by means of a unique transaction identifier, the transfer of funds from the person who has an agreement with the payee for the provision of goods or services;

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2(5)(c)

(c)the amount of the transfer of funds does not exceed EUR 1 000.

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