Article 12 Transfers of funds with missing information on the payer or the payee

The intermediary payment service providermeans a payment service provider that is not the payment service provider of the payer or of the payee and that receives and transmits a transfer of funds on behalf of the payment service provider of the payer or of the payee or of another intermediary payment service provider; shall establish effective risk-based procedures for determining whether to execute, reject or suspend a transfer of fundsmeans any transaction at least partially carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, irrespective of whether the payer and the payee are the same person and irrespective of whether the payment service provider of the payer and that of the payee are one and the same, including:a credit transfer as defined in Article 4, point (24), of Directive (EU) 2015/2366;a direct debit as defined in Article 4, point (23), of Directive (EU) 2015/2366;a money remittance as defined in Article 4, point (22), of Directive (EU) 2015/2366, whether national or cross-border;a transfer 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; lacking the required payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order; and payeemeans a person that is the intended recipient of the transfer of funds; information and for taking the appropriate follow-up action.

1. reject the transfer; or

2. request the required information on the payermeans a person that holds a payment account and allows a transfer of funds from that payment account or, where there is no payment account, that gives a transfer of funds order; and the payeemeans a person that is the intended recipient of the transfer of funds; before or after the transmission of the transfer of fundsmeans any transaction at least partially carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, irrespective of whether the payer and the payee are the same person and irrespective of whether the payment service provider of the payer and that of the payee are one and the same, including:a credit transfer as defined in Article 4, point (24), of Directive (EU) 2015/2366;a direct debit as defined in Article 4, point (23), of Directive (EU) 2015/2366;a money remittance as defined in Article 4, point (22), of Directive (EU) 2015/2366, whether national or cross-border;a transfer 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;.

1. take steps, which may initially include the issuing of warnings and setting of deadlines, before proceeding to a rejection, restriction or termination in accordance with point (b) if the required information is still not provided; or

2. directly reject any future transfers of fundsmeans any transaction at least partially carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, irrespective of whether the payer and the payee are the same person and irrespective of whether the payment service provider of the payer and that of the payee are one and the same, including:a credit transfer as defined in Article 4, point (24), of Directive (EU) 2015/2366;a direct debit as defined in Article 4, point (23), of Directive (EU) 2015/2366;a money remittance as defined in Article 4, point (22), of Directive (EU) 2015/2366, whether national or cross-border;a transfer 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; from that payment service providermeans the categories of payment service provider referred to in Article 1(1) of Directive (EU) 2015/2366, natural or legal persons benefiting from a waiver pursuant to Article 32 thereof and legal persons benefiting from a waiver pursuant to Article 9 of Directive 2009/110/EC, providing transfer of funds services; or restrict or terminate its business relationshipmeans a business, professional or commercial relationship connected with the professional activities of an obliged entity, which is set up between an obliged entity and a customer, including in the absence of a written contract and which is expected to have, at the time when the contact is established, or which subsequently acquires, an element of repetition or duration; with that payment service providermeans the categories of payment service provider referred to in Article 1(1) of Directive (EU) 2015/2366, natural or legal persons benefiting from a waiver pursuant to Article 32 thereof and legal persons benefiting from a waiver pursuant to Article 9 of Directive 2009/110/EC, providing transfer of funds services;.

The intermediary payment service providermeans a payment service provider that is not the payment service provider of the payer or of the payee and that receives and transmits a transfer of funds on behalf of the payment service provider of the payer or of the payee or of another intermediary payment service provider; shall report that failure, and the steps taken, to the competent authoritymeans:a Financial Intelligence Unit (FIU);a supervisory authority;a public authority that has the function of investigating or prosecuting money laundering, its predicate offences or terrorist financing, or that has the function of tracing, seizing or freezing and confiscating criminal assets;a public authority with designated responsibilities for combating money laundering or terrorist financing; responsible for monitoring compliance with anti-money laundering and counter-terrorist financing provisions.