Source: OJ L 150, 9.6.2023, pp. 1–39Current language: EN
- Anti-money laundering
Basic legislative acts
- Transfer of funds regulation (TFR)
Article 5 Transfers of funds within the Union
By way of derogation from Article 4(1) and (2), where all payment service providersmeans 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; involved in the payment chain are established in the Union, 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; shall be accompanied by at least the payment accountmeans a payment account as defined in Article 4, point (12), of Directive (EU) 2015/2366; number of both 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; or, where Article 4(3) applies, the unique transaction identifiermeans a combination of letters, numbers or symbols determined by the payment service provider, in accordance with the protocols of the payment and settlement systems or messaging systems used for the transfer of funds, or determined by a crypto-asset service provider, which permits the traceability of the transaction back to the payer and the payee or the traceability of the transfer of crypto-assets back to the originator and the beneficiary;, without prejudice to the information requirements laid down in Regulation (EU) No 260/2012, where applicable.
Notwithstanding paragraph 1, the 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; of 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; shall, within three working days of receiving a request for information from the 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; of the payeemeans a person that is the intended recipient of the transfer of funds; or from 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;, make available the following:
for 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; exceeding EUR 1 000, whether such transfers are carried out in a single transaction or in several transactions which appear to be linked, the 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; or the payeemeans a person that is the intended recipient of the transfer of funds; in accordance with Article 4;
for 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; not exceeding EUR 1 000 that do not appear to be linked to other 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; which, together with the transfer in question, exceed EUR 1 000, at least:
the names of 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 of the payeemeans a person that is the intended recipient of the transfer of funds;; and
the payment accountmeans a payment account as defined in Article 4, point (12), of Directive (EU) 2015/2366; numbers of 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 of the payeemeans a person that is the intended recipient of the transfer of funds; or, where Article 4(3) applies, the unique transaction identifiermeans a combination of letters, numbers or symbols determined by the payment service provider, in accordance with the protocols of the payment and settlement systems or messaging systems used for the transfer of funds, or determined by a crypto-asset service provider, which permits the traceability of the transaction back to the payer and the payee or the traceability of the transfer of crypto-assets back to the originator and the beneficiary;.
By way of derogation from Article 4(4), in the case of 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; referred to in paragraph 2, point (b), of this Article, the 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; of 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; need not verify the 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; unless the 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; of 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;:
has received the fundsmeans funds as defined in Article 4, point (25), of Directive (EU) 2015/2366; to be transferred in cashmeans cash as defined in Article 2(1), point (a), of Regulation (EU) 2018/1672 of the European Parliament and of the Council(39) Regulation (EU) 2018/1672 of the European Parliament and of the Council of 23 October 2018 on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005 (OJ L 284, 12.11.2018, p. 6).;Regulation (EU) 2018/1672 of the European Parliament and of the Council of 23 October 2018 on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005 (OJ L 284, 12.11.2018, p. 6). or in anonymous electronic moneymeans electronic money as defined in Article 2, point (2), of Directive 2009/110/EC of the European Parliament and of the Council(38) Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7)., but excluding monetary value as referred to in Article 1(4) and (5) of that Directive;Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7).; or
has reasonable grounds for suspecting money launderingmeans the money laundering activities referred to in Article 1(3) and (4) of Directive (EU) 2015/849; or terrorist financingmeans terrorist financing as defined in Article 1(5) of Directive (EU) 2015/849;.
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