Frequently asked questions about the cross-border payment information declaration (06/02/2024)

Payment service providers are the entities and organisations referred to in sections 1 and 2 of article 5 of Royal Decree-Law 19/2018, of 23 November, on payment services and other urgent financial measures, and the natural or legal persons who benefit from the exemptions provided for in articles 14 and 15 of said Royal Decree-Law.

In accordance with sections 1 and 2 of article 5 of the aforementioned Royal Decree-Law, payment service providers are:

• The credit institutions referred to in Article 1 of Law 10/2014, of June 26, on the regulation, supervision and solvency of credit institutions, including branches in Spain of foreign credit institutions.

• Electronic money institutions referred to in Article 2.1 b) of Law 21/2011, of July 26, on electronic money, including branches in Spain of foreign electronic money institutions.

• Payment entities.

• The State Postal and Telegraph Company, SA, with respect to the payment services for which it is authorized to provide them under its specific regulations.

• The following entities when they do not act in their capacity as public authorities:

  • The European Central Bank, the Bank of Spain and the other national central banks.

  • The General State Administration, the Autonomous Communities and the Local Entities.

Payment services are the activities listed in letters c) to f) of article 1.2 of Royal Decree-Law 19/2018, of November 23, on payment services and other urgent financial measures:

• Execution of payment transactions, including the transfer of funds, through a payment account at the User's payment service provider or another payment service provider:

  • Execution of direct debits, including non-recurring direct debits.

  • Execution of payment transactions using a payment card or similar device.

  • Execution of transfers, including standing orders.

• The execution of payment transactions when the funds are covered by a credit line opened for a payment service user:

  • Execution of direct debits, including non-recurring direct debits,

  • Execution of payment transactions using a payment card or similar device,

  • Execution of transfers, including standing orders.

• The issuance of payment instruments or acquisition of payment transactions.

• Sending money.

Subject to the exclusions provided for in Article 4 of Royal Decree-Law 19/2018, a payment is a "payment transaction" as defined in Article 3, point 26, of said Royal Decree-Law, or a "money transfer service" as defined in Article 3, point 36, of said Royal Decree-Law.

It is the natural person or legal entity that owns a payment account and authorizes a payment order from said account or, in the event that there is no payment account, the natural person or legal entity that issues a payment order.

It is the natural or legal person who is the intended recipient of the funds that have been the subject of a payment transaction.

The home Member State of a payment service provider shall be one of the following:

• The Member State of the European Union in which the payment service provider has its registered office.

• If the payment service provider does not have a registered office under national law, the Member State of the European Union in which its central administration is established.

The host Member State of a payment service provider is the Member State of the European Union other than the home Member State in which the payment service provider has an agent or a branch or provides payment services.

It is an account in the name of one or more payment service users used for the execution of payment transactions.

It is the identification number of an international payment account that uniquely identifies an individual payment account in a Member State and whose elements are specified by the International Organization for Standardization (ISO).

It is the entity identification code that unequivocally identifies a payment service provider, and whose elements are specified by the International Organization for Standardization (ISO).