# PSD3 Article 30 — Application to exercise the right of establishment and freedom to provide services Textual state: amended_substantial. 98 words changed - Current text: Council final compromise text (Council document 8222/26) — not yet law. - Compared against: COM(2023) 366 final — superseded. - Classification is mechanical; method: https://paymentslaw.eu/method/ - Editorial review state: not_assessed. Markers are curated and selective, not a complete assessment. Word-level diff, proposal → compromise: `{+text+}` was inserted, `[-text-]` was deleted. ## Paragraph 1 1. Member States shall ensure that any payment institution wishing to [-provide -]{+start providing +}payment [-or electronic money -]services [-for the first time -]in a Member State other than its home Member State, including via an establishment in a third Member State, in the exercise of the right of establishment or the freedom to provide services, [-shall -]communicates the following information to the competent authorities in its home Member State: (a) the name, the address and, where applicable, the authorisation number of the payment institution; (b) the Member State(s) in which the payment institution intends to operate and planned date of commencement of operations in this Member State; (c) the payment [-or electronic money -]service(s) that the payment institution intends to provide; (d) where the payment institution intends to make use of an [-agent or distributor, -]{+agent, +}the information referred to in Articles [-19(1) and 20(2); -]{+19(1); +}(e) where the payment institution intends to make use of a branch: (i) the information referred to in Article 3(3), points (b) and (e), with regard to the payment [-or electronic money -]service business in the host Member State; (ii) a description of the organisational structure of the branch; (iii) {+mutatis mutandis, +}the [-identity of those responsible for the management of the branch. -]{+information referred to in Article 19(1), points (a) to (i); +}Member States shall ensure that payment institutions that intend to outsource operational functions of the payment [-or electronic money -]services to other entities in the host Member State, {+without undue delay, +}inform the competent authorities of their home Member State thereof. ## Paragraph 2 2. Within [-1 month -]{+10 business days +}of receipt of all of the information referred to in paragraph 1, the competent authorities of the home Member State shall send that information to the competent authorities of the host Member State. Where the services are provided via a third Member State, the Member State to be notified shall be the one where the services are provided to payment service users. Within 1 month of receipt of the information from the competent authorities of the home Member State, the competent authorities of the host Member State shall assess that information and provide the competent authorities of the home Member State with relevant information about the intended provision of payment [-or electronic money -]services by the relevant payment institution in the exercise of the freedom of establishment or the freedom to provide services. The competent authorities of the host Member State shall inform the competent authorities of the home Member State of any grounds for concern in connection with the intended engagement of an [-agent, distributor -]{+agent +}or establishment of a branch with regard to money laundering or terrorist financing within the meaning of Directive (EU) 2015/849. Before doing so, the competent authority of the host Member State shall liaise with the relevant competent authorities as referred to in Article 7(2) of Directive (EU) 2015/849 to establish whether such grounds exist. Competent authorities of the home Member State that do not agree with the assessment of the competent authorities of the host Member State shall provide the competent authorities of the host Member State with the reasons for their disagreement. Where the assessment of the competent authorities of the home Member State, in light of the information received from the competent authorities of the host Member State is not favourable, the competent authority of the home Member State shall refuse to register the agent, [-branch -]{+branch, +}or [-distributor, or -]shall withdraw the registration if already made. ## Paragraph 3 3. Within [-3 months -]{+10 weeks +}of receipt of the information referred to in paragraph 1, the competent authorities of the home Member State shall communicate their decision to the competent authorities of the host Member State and to the payment institution. Upon entry in the register referred to in Article 17, the [-agent, distributor -]{+agent +}or branch may commence its activities in the relevant host Member State. Member States shall ensure that the payment institution notifies to the competent authorities of the home Member State the start date of the activities conducted on the payment institution’s behalf through the [-agent, distributor -]{+agent +}or branch in the host Member State concerned. The competent authorities of the home Member State shall inform the competent authorities of the host Member State thereof. ## Paragraph 4 4. Member States shall ensure that the payment institution communicates to the competent authorities of the home Member State any relevant change regarding the information communicated in accordance with paragraph 1 without undue delay, including additional agents, [-distributors, -]branches or entities to which activities are outsourced in the host Member States in which the payment institution operates. The procedure provided for under paragraphs 2 and 3 shall apply. ## Paragraph 5 5. The EBA shall develop draft regulatory technical standards specifying the framework for cooperation, and for the exchange of information, between competent authorities of the home and of the host Member State in accordance with this Article. Those draft regulatory technical standards shall specify the method, means and details of cooperation in the notification of payment institutions operating on a cross-border basis and, in particular, the scope and treatment of information to be submitted, including common terminology and standard notification templates to ensure a consistent and efficient notification [-process. -]{+process, including in the case where an agent or branch of a payment institution, located in a host Member State, offers payment services in a third Member State. +}The EBA shall submit those draft regulatory technical standards to the Commission by [ OP please insert the date= 18 months after the date of entry into force of this Directive]. Power is delegated to the Commission to adopt the regulatory technical standards in accordance with Article 10 to 14 of Regulation (EU) No 1093/2010.