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ID 1243. Scope and definitions
Activity outside the EEA Back

Relevant provisions
General question on Directive 2009/110/EC

Question
I should be extremely grateful if you could take the time to confirm whether Directive 2009/110/EC will have application when issuing e-money outside the EEA.

For example, a UK company who has a branch in Mexico - this branch issues e-money to a seperate entity located in Mexico - does the Directive apply to such a transaction?

Does the scope of the Directive extend to such activity, and if so, where is this noted?

Many thanks in advance.

A. Westhead

Answer
The procedure for the authorisation to act as an e-money institution issuer is regulated in Article 3 EMD2. This provision refers to Articles 5 and 10 of the Payment Services Directive. The geographical scope of an authorisation granted under the PSD is limited to the EU territory. The authorisation is valid in all Member States (if the payment services are provided under the right to provide services). This follows from Article 2 and Article 10(9) PSD. The authorisation does therefore not cover the provision of payment services outside the territory of the EU. Through the reference in Article 3 EMD2, this limitation in geographical scope also applies to e-money services.

Date
Submitted on 12/11/2013