Dear European Banking Authority,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

The regulatory technical standards for strong customer authentication contain specific Reference fraud rates for Remote electronic card-based payments of 0,01% / 0,06% / 0,13%

Please could you supply

- all the data which were evaluated in the process of choosing these rates
- the objectives of the EBA during the evaluation
- records of all communications regarding these Reference fraud rates during the development of the regulatory technical standards and the consultation period

I remain at your disposition to answer any questions or clarifications you might have related to this request.

Thank you in advance,

Martin Sweeney

EBA-LEGAL Mailbox, Europäische Bankenaufsichtsbehörde

Dear Mr Sweeney,

Thank you for your communication, which we acknowledge receipt of. We will be reverting within due course, pursuant to Regulation (EC) 1049/2001.

Kind regards,

Legal Unit

Zitate anzeigen

EBA-LEGAL Mailbox, Europäische Bankenaufsichtsbehörde

1 Attachment

Dear Mr Sweeney,

Thank you for your email dated 17 May 2019 requesting access to documents pursuant to Regulation (EC) No 1049/2001. The European Banking Authority (‘EBA’) strives to be transparent and open to as great an extent possible.

As regards your request to access all communications regarding the reference fraud rates during the development of the Regulatory Technical Standards and the consultation period, you may find the Final Report, which also includes the feedback table to consultation, at the following link: https://eba.europa.eu/documents/10180/17....

In relation to your request to access all the data which were evaluated in the process of choosing the reference rates, please find attached an email exchange between the EBA staff and representatives from the European Commission. Please note that we have redacted any personal data.

Please note that your request concerns a potential very high number of documents, which the EBA is currently in the process of collecting and assessing. Thus, the EBA may send you other relevant documents in the upcoming days, once it has completed its assessment.

We trust this is to your satisfaction. Should you not be satisfied with our reply, you may consider your right to a confirmatory application pursuant to Regulation (EC) No 1049/2001.

Yours faithfully,

Legal Unit

Zitate anzeigen

EBA-LEGAL Mailbox, Europäische Bankenaufsichtsbehörde

Dear Mr Sweeney,

Further to our communication of 12 June 2019, please find the information regarding the development of the fraud rate exemptions, namely in response to the consultation responses to the RTS. This information is available in the Final draft RTS (https://eba.europa.eu/documents/10180/17...), in particular in:

- chapter 2.2.2 of the rationale section (on pages 9/10), especially para 23. At the very end of that paragraph, the following is flagged: "The reference fraud rates should be reviewed on a regular basis and updated based on the fraud reporting under Article 96(6) PSD2";

- recital 10 of the RTS (on page 15);

- recital 11 of the RTS, which again states that the EBA will review the fraud rates as and when new data is available;

- Article 16 of the RTS, which contains the actual rates;

- Article 33 of the RTS , which states that the EBA will have to review the rates 18 months after the application date of the ERTS;

- chapter 4.3. of the final draft RTS where the EBA's response is provided to the BSG Opinion and states in paragraph 7 on page 46 that the rates were set at rates that are lower than what is currently achieved by the industry;

- row 42 in the feedback table (on page 67 and 68), which explains why such rates were used.

Yours faithfully,

Legal Unit

Zitate anzeigen

Dear EBA-LEGAL Mailbox,

Thank you for your two responses.

My request covered three areas:

1. All the data which were evaluated in the process of choosing these rates
2. The objectives of the EBA during the evaluation
3. Records of all communications regarding these Reference fraud rates during the development of the regulatory technical standards and the consultation period

I am satisfied that request #2 has been fulfilled, but I remain interested in #1 and #3.

Could you please clarify that the only data which were evaluated with respect to pre-PSD2 fraud rates came in one single email from representatives from the European Commission, as provided? Failing this, which other data were gathered and evaluated?

The email also says "We are trying to contact Amazon US about the fraud rate" - please can you provide an update about the status of this enquiry and all records of communications with Amazon or any other parties?

Yours sincerely,

Martin Sweeney

Joseph Mifsud, Europäische Bankenaufsichtsbehörde

Thank you for your email. Kindly note that I am currently out of office
and will return on 29th July 2019. Regards, Joseph

*** As of 3 June 2019, the European Banking Authority is fully operational
in Paris. We can be reached at 20 Avenue André Prothin, 92927 Paris La
Défense, France, +33 1 86 52 70 00. The offices in One Canada Square,
Canary Wharf, London E14 5AA, United Kingdom, are permanently closed. More
information on our website http://www.eba.europa.eu. We would ask you to
treat any communication from us as confidential. If you are not the
intended recipient, please notify [email address] immediately.
***

EBA-LEGAL Mailbox, Europäische Bankenaufsichtsbehörde

Dear Mr Sweeney,

Thank you for your communication, which we will be reverting to.

Yours faithfully,

Legal Unit

Zitate anzeigen

EBA-LEGAL Mailbox, Europäische Bankenaufsichtsbehörde

Dear Mr Sweeney,

Thank you very much for your follow-up query. We apologise for the delay.

We confirm that no other data was evaluated to arrive at the reference fraud rates. We also confirm that no response from Amazon was received by the EBA at the time.

Yours faithfully,

Legal Unit

Zitate anzeigen