2. NCBs may only grant derogations to reporting agents under paragraph 1 if these reporting agents do not contribute to a statistically significant coverage, at national level, of payment transactions for each type of payment service.
3. NCBs may grant derogations to reporting agents in respect of reporting transactions with non-MFIs, where: (a) the combined value of services specified in Table 4 of Annex III contributed by reporting agents benefiting from such derogation does not exceed 5 % at national level for each of such services; and (b) the reporting burden would otherwise be disproportionate in view of the size of such reporting agents.
1.For the purposes of granting derogations to reporting agents NCBs shall be guided by the principle of proportionality.
2. 1. NCBs may grant derogations to the following reporting agents in respect of part or all of the reporting requirements setreferred outto in thisArticle Regulation:3(1) and in accordance with paragraphs 3 and 4:
(a)((a)) in the case of payment institutions, ifwhere they fulfil the conditions laid down in Articleparagraphs 26(1)1 and (2)2 of Article 32 of Directive 2007/64/EC;(EU) 2015/2366;
(b)((b)) in the case of electronic money institutions, ifwhere they fulfil the conditions laid down in Articleparagraphs 9(1)1 and (2)2 of Article 9 of Directive 2009/110/EC;
(c)((c)) in the case of other payment service providers notother mentionedthan those referred to in points (a) and (b), ifwhere they fulfil eitherboth the conditions laid down in Article 32(1) and (2) of Directive (EU) 2015/2366 and the conditions laid down in Article 9(1) and (2) of Directive 2009/110/EC or in Article 26(1) and (2) of Directive 2007/64/EC.2009/110/EC.
For the purposes of the first subparagraph, NCBs may grant derogations regardless of whether reporting agents have been waived or exempted from prudential requirements pursuant to the relevant national law transposing Directive (EU) 2015/2366 and Directive 2009/110/EC.
3.NCBs may grant derogations in accordance with paragraph 4 to the reporting agents referred to in paragraph 2 where either of the following apply:
(a)the total value, as contributed by all payment service providers that could benefit from such derogation, of each of the following payment services does not exceed 5 % at national level:
(i)credit transfers (sent),
(ii)direct debits (sent),
(iii)card-based payment transactions (sent and received),
(iv)cash withdrawals using card-based payment instruments,
(v)e-money payment transactions (sent),
(vi)cheques (sent),
(vii)money remittances (sent),
(viii)other payment services (sent),
(ix)payment initiation services,
(x)other services not included in Directive (EU) 2015/2366 (sent);
(b)the total number of clients, as contributed by all payment service providers that could benefit from such derogation, of account information services does not exceed 5 % at national level.
For the purposes of point (a) the cumulative total value, as contributed by all payment service providers that could benefit from such derogation, of the payment services listed therein shall not exceed 5 % at national level.
For the purposes of this paragraph, NCBs may only grant derogations where the reporting burden would be disproportionate in view of the size of such reporting agents.
4. 4.Reporting Ifagents anthat NCBhave grantsbeen agranted derogationderogations pursuant to paragraphparagraphs 12 orand 3, it3 shall notifyreport the ECB thereof at the same time as it reportsstatistical information pursuantin toaccordance Articlewith 6(1).Tables 4b and 5b of Annex III.
5.NCBs shall verify compliance with the conditions set out in paragraphs 2 and 3 on an annual basis and in good time in order to grant or withdraw any derogation with effect from the start of the second successive calendar year where necessary. That verification shall be based on the relevant reporting periods for the 12 months immediately preceding the reference period in which the assessment is conducted.
6.Where an NCB grants a derogation pursuant to this Article, it shall notify the ECB thereof at the same time as it reports information pursuant to Article 6.
7. 5. The ECB shall publish a list of entities granted derogations by the NCBs.NCBs pursuant to this Article.