Select a legislative/policy area

ID 15. Access to payment systems (Internal reference 13.3)
Card schemes designated under the Settlement Finality Directive Back

Relevant provisions
Article 28(2)(a) of Directive 2007/64/EC

Question
How to apply Article 28(2)(a) in the case where a four-party card scheme (subject to Article 28(1)) would be using a payment system falling under Directive 98/26/EC as its core processor for clearing/settlement between participating payment service providers of that scheme? I.e. if certain PIs would not be granted access to the processing payment system (based on Article 28(2)(a)), they would de facto not be able to participate in the card scheme, hence there would be discrimination in access to the latter.

Answer
In accordance with Article 28(2)(a), a four-party card scheme whose payment system would be designated under Directive 98/26/EC would be excluded from the requirements under Article 28(1).

Date
Submitted on 15/04/2008