Establishment of reports on payment statistics of credit institutions
Passed 15.06.2021 No. 11
This decree is established on the basis of subsections 91(1) and 91(3) of the Credit Institutions Act and subsection 301 (31) of the Official Statistics Act.
Chapter 1 GENERAL PROVISIONS
§ 1. Scope of the Decree
This decree establishes the requirements for the content and structure of the reports listed in section 3 of this decree to be submitted to Eesti Pank, Finantsinspektsioon and the Financial Intelligence Unit (reports), and the dates and procedure for submitting the reports to Eesti Pank.
§ 2. Application of the Decree
The reports established with the decree shall be prepared and submitted by all credit institutions and branches of credit institutions operating in Estonia (credit institution or credit institutions). The reports are submitted about the operations of the credit institution’s entity located in Estonia.
Chapter 2 REPORTS, PRINCIPLES FOR PREPARING REPORTS, AND SUBMISSION OF REPORTS
§ 3. Reports
Credit institutions shall prepare and submit the following reports:
1) “Report on payments”, code 160 (Appendix 1);
2) “Report on card transactions”, code 161 (Appendix 2);
3) “Report on bank cards”, code 162 (Appendix 3);
4) “Report on automated teller machines (ATMs), points of sale (POS) and sales terminals”, code 163 (Appendix 4);
5) “Report on frauds connected to card transactions”, code 165 (Appendix 5);
6) “Report on frauds connected to payments”, code 166 (Appendix 6);
7) “Report on e-money payment transactions and frauds connected to them”, code 167 (Appendix 7);
8) “Report on the regional distribution of cash transactions”, code 168 (Appendix 8);
§ 4. Reporting period and submission dates
(1) The reporting period for the reports in clauses 1–2 of section 3 shall be one month. The reporting period for the reports in clauses 3, 4 and 8 of section 3 shall be one quarter. The reporting period for the reports in clauses 5–7 of section 3 shall be half a year.
(2) The reports referred to in clauses 1–4 and 8 of section 3 shall be submitted by the seventh banking day after the end of the reporting period. The reports referred to in clauses 5–7 of section 3 shall be submitted within three months after the end of the reporting period.
§ 5. Submission of reports
(1) The reports shall be submitted to Eesti Pank electronically in the XML (eXtensible Markup Language) format, as in Decree No. 2018 of the Governor of Eesti Pank of 4 May 29 “Requirements for the electronic submission of reports” (RT I, 05.06.2018, 1).
(2) Should errors be discovered, new, rectified reports shall be submitted to Eesti Pank in electronic form.
(3) In the absence of data on the reporting area, a blank report shall be submitted.
§ 6. Use of classifications and international standards
(1) The reports shall specify currency codes in accordance with the table of currency codes set forth with the international standard ISO 4217, in capital letters.
(2) The reports shall specify the country code of the location of the payment service provider, the bank card issuer, ATM, POS or sales terminal, or the point of execution of the card transaction in accordance with the tables of double-digit country and territory codes set forth with the international standard ISO 3166, in capital letters.
(3) The sector of the economy of the payee is reported using the level four EMTAK 2008 classifier for the sectors of the Estonian economy.
(4) The reports shall specify the merchant category code in accordance with the international standard ISO 18245 for classifying retail financial services.
Chapter 3 DEFINITIONS USED IN APPENDIXES
§ 7. Terms used
For the purposes of Appendixes 1–8 of the Decree, the terms and definitions set forth in sections 8–16 shall apply.
§ 8. Terms and definitions used for residency
(1) Residents are:
1) state authorities or agencies of the Republic of Estonia in the broadest sense (legislative, executive and judicial bodies or their agencies, and constitutional institutions), and local governments or their agencies;
2) Estonian diplomatic, consular or other official representations in foreign countries, and representative offices of other Estonian institutions or organisations abroad which are not engaged in any economic or commercial activity;
3) legal persons in public law and their agencies formed under the laws of the Republic of Estonia;
4) legal persons in private law registered in the Republic of Estonia, or their representative offices (including cross-border service providers);
5) companies (Societas Europaea, SE) or cooperatives (Societas Cooperativa Europaea, SCE) registered in the Republic of Estonia under the statute for a European company, or their representative offices;
6) branches of foreign legal persons registered in the Republic of Estonia;
7) Estonian citizens residing in the Republic of Estonia;
8) aliens residing in the Republic of Estonia who hold a permanent residence permit or a temporary residence permit for at least one year;
9) people specified in clauses 7 or 8 who are studying or undergoing medical treatment abroad, whatever the duration of their studies or medical treatment;
10) people specified in clauses 7 or 8 who are members of a ship crew, or seasonal or cross-border workers abroad, whatever the duration of their stay abroad;
11) diplomats, military personnel, and staff of consular or other official representations of the Republic of Estonia and their family members abroad who enjoy immunity and diplomatic privileges.
(2) A non-resident is anyone not covered by the definition of residents.
§ 9. Terms and definitions used for payments
(1) Payment is an act of depositing or withdrawing cash, initiated by the payer or the payee, or a transfer of money, irrespective of the underlying legal relationship between the payer and the payee.
(2) Domestic payment is a payment transaction where both the payer's payment service provider and the payee's payment service provider are located in the Republic of Estonia.
(3) Cross-border payment is a payment transaction, where the payer's payment service provider or the payee's payment service provider is located outside the Republic of Estonia.
(4) Customer payment is a payment originated by a customer, a payment received by a customer or a payment originated by a payee or a third person prescribed by law, except debit and credit accounting entry and payment of cash into or withdrawal of cash from the customer’s own account.
(5) Customer is a natural or legal person, including a person who has not entered into a contractual relationship with the reporting credit institution.
(6) Debit accounting entry is an accounting entry on interest, service charges, loan repayments including credit card loan repayments, income tax on the customer’s financial income, and other debit-type payments that are debited from the customer’s account as a separate transaction but for the debiting of which the customer does not give the credit institution a separate payment order.
(7) Credit accounting entry is an accounting entry on interest, dividends, loan disbursements and other credit-type payments to the customer's account, for which the customer does not give the credit institution a separate order.
§ 10. Terms and definitions used for transactions
(1) Cash transaction is a payment originated by a cash deposit, a deposit or withdrawal of cash at the service point of a bank office, or a cash card transaction.
(2) Money remittance is a payment service in which funds are transferred from the payer to the payee or to a payment service provider acting on the payee's behalf without a payment account being opened on behalf of the payer or the payee.
(3) Card transaction is a card payment effected by means of a bank card, including a payment effected by a bank card over the internet, or a cash card transaction.
(4) Cash card transaction is a payment of cash to a bank account or withdrawal of cash from a bank account by a customer who has been identified with a bank card.
§ 11. Terms and definitions used for payment instruments
(1) Cheque is a written and signed order from the payer of the cheque to the issuer of the cheque, usually a credit institution, requiring the issuer of the cheque to pay unconditionally to the payer or a third party indicated by the payer the amount that the payer has stated on the cheque.
(2) E-commerce is the sale of goods or services between businesses, households, individuals or private sector organisations that happens as an electronic transaction over the internet or through a computer network as a network transmission. The concept covers orders of goods and services that are transmitted through a computer network irrespective of how the goods or services are finally delivered.
(3) P2P mobile-initiated payment order is a credit-type payment order initiated using a mobile device such as a mobile application, where both parties to the transaction are private individuals.
(4) Other mobile-initiated payment order other than P2P is a credit-type payment order initiated using a mobile device such as a mobile application, where at least one of the parties to the transaction is not a private individual.
(5) Payment order is an order originated by the payer or the payee or a third person prescribed by law for the settlement of a financial obligation between the payer and the payee.
(6) Debit order is a payment order originated by the payee or a third person prescribed by law.
(7) Credit order is a payment order originated by the payer.
(8) Direct debit is defined in Article 4(23) of Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35-127).
(9) Standing order is a recurrent credit payment order with a fixed payment frequency originated by the payer.
(10) Paper-based payment order is a payment order initiated by the payer on paper or by instructing a service point employee to initiate a credit order or other payment order requiring manual processing.
(11) Telebanking payment order is a payment order sent by the payer to the payer’s credit institution by means of dedicated financial software.
(12) Telephone banking payment order is a payment order sent by the payer to the payer’s credit institution by telephone.
(13) Internet bank payment order is a payment order that is sent by the payer to the payer’s credit institution over the internet and that is not otherwise defined as a separate means of payment in this Decree.
(14) Bank link payment order is a payment order sent by the payer to the payer’s credit institution through a bank link.
(15) Payments initiated with another service provider are defined in Article 4 (15) of Directive (EU) 2015/2366 of the European Parliament and of the Council.
(16) E-invoice standing order is a payment order automatically initiated by a credit institution on the basis of an e-invoice and in accordance with an e-invoice standing order contract signed by the payer.
(17) E-invoice payment order is a payment order initiated by the payer on the basis of an e-invoice, where the payment data are pre-filled from the information in the e-invoice.
(18) Payment order initiated in ATM is a credit-type payment order which is initiated in an ATM with a bank card, including a defined payment order.
§ 12. Terms and definitions used for card transactions
(1) Card payment is a card transaction originated in a sales terminal, an ATM or an internet site with the aim of making a payment from the payer’s bank account to the payee’s bank account.
(2) Card transaction sent is a card transaction made with a bank card issued by the reporting credit institution.
(3) Card transaction received is a card transaction processed by the reporting credit institution, where the reporting credit institution has a contract with the payee. Transactions where an intermediary is used to provide a payment card service are also recorded. Transactions with bank cards issued by the reporting credit institution or with cards issued by other credit institutions and other payment service providers that result in money being transferred to the payee are reported.
(4) Card payment at the point of sale with a bank card is a card payment made in a sales terminal using a bank card.
(5) Card payment at the point of sale with a digital wallet is a card payment made using a digital wallet at a sales terminal, where the customer uses a telephone, watch or other mobile device instead of a bank card.
(6) E-commerce card payment with a bank card is a card transaction made using a bank card over the internet, where the customer enters the card data required for the transaction in the website of the merchant.
(7) E-commerce card payment with a digital wallet is a card payment made over the internet using a digital wallet.
(8) P2P card transaction is a card payment initiated using a mobile device such as a digital wallet, where both parties to the transaction are private individuals.
(9) Contactless payment is a payment transaction using a bank card or other means such as a mobile phone where the payer and the merchant or their devices are in the same physical location and where the communication between the portable device and the point of sale (POS) occurs using contactless technology.
(10) Near field communication (NFC) payment is a contactless payment transaction using near field communication (NFC) technology (ISO/IEC 18092).
(11) Card payment initiated in ATM is a card payment which is initiated in an ATM with a bank card.
§ 13. Terms and definitions used for bank cards
(1) Bank card is a card issued by a credit institution to the account holder or a person designated by the account holder for the performance of card transactions.
(2) Debit card is defined in Article 2 (33) of Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card-based payment transactions (OJ L 123, 19.5.2015, p. 1-5).
(3) Debit card with cash function is a bank card which is linked to the customer’s bank account and allows only cash card transactions to be performed in ATMs.
(4) Card with debit function is a bank card which is linked to the customer’s bank account, with the obligation to pay for the card transactions made arising immediately after the request for payment has been received by the credit institution.
(5) Charge card a card that allows the cardholder to make purchases that are then deducted from the account with the card issuer within the permitted limits. The account balance is settled in full at the end of a defined period. The cardholder is usually charged an annual fee. A credit card with fixed repayment is different from a card with a credit function in having an agreement that opens a credit line and adds an obligation to settle the debt at the end of a defined period without any interest rate.
(6) Credit card is defined in Article 2 (34) of Directive (EU) 2015/751 of the European Parliament and of the Council. Charge cards are excluded from this definition in this Decree.
(7) Card with an e-money function is a card that can directly hold e-money as defined in Article 2 (2) of Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7-17), and/or is a card that allows access to e-money held on an e-money account and that can be used for e-money transactions.
(8) Card with an e-money function that has been loaded at least once is a card with an e-money function that has been loaded at least once and so can be considered activated. Loading can be interpreted as the desire to use the e-money function.
(9) Temporary or replacement card is a card that has been issued to a customer temporarily in place of a lost or closed card.
(10) Contactless card is a card with a contactless payment function that allows payment transactions to be initiated with dedicated contactless technology when the payer and the payee or their devices are in the same physical location.
§ 14. Terms and definitions used for automated teller machines
(1) Automated teller machine is an electronic device that allows card transactions to be made with a bank card. A sales terminal is not an automated teller machine.
(2) ATM with cash function is an automated teller machine that only allows cash transactions to be made with a bank card.
(3) ATM with cash and payment function is an automated teller machine that allows cash transactions and payments, including defined payments, to be made with a bank card.
(4) Payment terminal is an automated teller machine that only allows payments to be made with a bank card.
(5) Cross-usage automated teller machine is an automated teller machine where both the bank cards issued by the credit institution administering the automated teller machine and bank cards issued by other credit institutions may be used.
§ 15. Terms and definitions used for points of sale
(1) Point of sale (POS) is a point of sale of goods or services that allows bank cards or mobile phones to be used to pay for the goods or services purchased. Points of sale of goods or services that are owned by a single undertaking in various locations or addresses are considered as different points of sale. Every point of sale has a unique identification code (membership number).
(2) Physical point of sale of a card payment is a point of sale of goods or services that allows bank cards to be used in a sales terminal to pay for the goods or services purchased.
§ 16. Terms and definitions used for sales terminals
(1) Sales terminal is a device that allows goods and services to be paid for with a bank card.
(2) POS terminal is a physical piece of equipment that is used in transactions at a retail sales location for receiving payment information given by the purchaser to the retailer, usually electronically.
(3) Cash register system is an electronic payment solution for making card payments that is interconnected with the sales system of the retailer.
(4) E-commerce is a payment solution that allows card payments to be made in internet stores or over the internet where e-services are offered.
(5) E-money card terminal or e-money card loading terminal is a terminal that allows electronic value to be transferred from the e-money issuer to the holder of a card with an e-money function and back.
(6) E-money card accepting terminal is a terminal that allows the holder of e-money stored on a card with an e-money function to transfer the balance of the value of their e-money to the account of a merchant or other recipient.
(7) Contactless transaction function allows payment transactions where a card or other means is used and the payer and the merchant or their devices are located in the same physical location, and where the exchange of information between the portable device and the point of sale occurs using contactless technology.
(8) E-money transaction function allows e-money transactions to be made.
§ 17. Terms and definitions used for fraud
(1) Authentication is defined in Article 4 (29) of Directive (EU) 2015/2366 of the European Parliament and of the Council.
(2) Strong Customer Authentication (SCA) is defined in Article 4 (30) of Directive (EU) 2015/2366 of the European Parliament and of the Council.
(3) Non-SCA transaction is a transaction that is subject to the exemption from strong customer authentication under Chapter III of the Commission Delegated Regulation (EU) 2018/389 of 27 November 2017 supplementing Directive (EU) 2015/2366 of the European Parliament and of the Council with regard to regulatory technical standards for strong customer authentication and common and secure open standards of communication (OJ L 69, 13.3.2018) (the Commission Delegated Regulation), and transactions to which Article 97 (1) of Directive (EU) 2015/2366 of the European Parliament and of the Council does not apply. This covers transactions initiated by a merchant and other transactions that are not subject to strong customer authentication.
(4) Remote transaction is a payment transaction initiated over the internet or through a device that can be used as a means of communication as defined in Article 4 (6) of Directive (EU) 2015/2366 of the European Parliament and of the Council.
(5) Non-remote payment is a payment transaction where the payer and the merchant and/or their devices are in the same physical location.
(6) Fraudulent payment transaction covers all cases of payment fraud referred to in point 1.1 of Guideline 1: “Payment transactions and fraudulent payment transactions” in Section 3.1 of Guidelines on fraud reporting under Article 96(6) PSD2 (EBA-GL-2018-05) of the European Banking Authority (the EBA Guidelines).
(7) Issuance of a payment order by a fraudster is defined in point 1.6.d “Issuance of a payment order by the fraudster” of Guideline 1 “Payment transactions and fraudulent payment transactions” in Section 3.1 of the EBA Guidelines.
(8) Modification of a payment order by a fraudster is defined in point 1.6.c “Modification of a payment order by the fraudster” of Guideline 1 “Payment transactions and fraudulent payment transactions” in Section 3.1 of the EBA Guidelines.
(9) Manipulation of a payer is defined in point 1.1.b of Guideline 1 “Payment transactions and fraudulent payment transactions” in Section 3.1 of the EBA Guidelines.
(10) Losses due to fraud per liability bearer is defined in point 1.6.b “Losses due to fraud per liability bearer” of Guideline 1 “Payment transactions and fraudulent payment transactions” in Section 3.1 of the EBA Guidelines.
(11) Low value transaction is defined in Article 16 of the Commission Delegated Regulation.
(12) Payment to the same person is defined in Article 15 “Credit transfers between accounts held by the same natural or legal person” of the Commission Delegated Regulation.
(13) Trusted beneficiary is defined in Article 13 "Trusted beneficiaries" of the Commission Delegated Regulation.
(14) Recurring transactions is defined in Article 14 of the Commission Delegated Regulation.
(15) Secure corporate payment processes and protocols is defined in Article 17 of the Commission Delegated Regulation.
(16) Transaction risk analysis is defined in Article 18 of the Commission Delegated Regulation.
(17) Low value contactless payment is defined in Article 11 “Contactless payments at point of sale” of the Commission Delegated Regulation.
(18) Unattended terminals for transport fares and parking fees is defined in Article 12 “Unattended terminals for transport fares and parking fees” of the Commission Delegated Regulation.
(19) Merchant initiated transaction is a single or recurring payment that is initiated on a date agreed by the merchant with the payer's consent. Under a prior agreement between the customer and the merchant, the customer does not have to give consent for the payment to be made nor initiate it themselves, for example for monthly orders of goods or monthly newspaper subscriptions.
(20) Lost or stolen card is a type of fraud where a lost or stolen card-based payment instrument is used without actual or default legal possession of the card.
(21) Non-received card is a card-based payment instrument that the payer claims not to have received, even though the payment service provider or issuer confirms it has been sent to the payer, in any form.
(22) Counterfeit card is the use of a card-based payment instrument that has been altered or illegally reproduced, including the reproduction or alteration of a magnetic stripe or embossing.
Chapter 4 IMPLEMENTING PROVISIONS
§ 18. Repeal of the Decree
Decree No 8 of the Governor of Eesti Pank of 2 June 2014 “Establishment of reports on payment statistics of credit institutions” (RT I, 22.01.2021, 10) is repealed.
§ 19. Entry into force of the Decree
This decree enters into force on 1 January 2022.
Appendix 1 Report on payments
Appendix 2 Report on card transactions
Appendix 3 Report on bank cards
Appendix 4 Report on automated teller machines (ATMs), points of sale (POS) and sales terminals
Appendix 5 Report on frauds connected to card transactions
Appendix 6 Report on frauds connected to payments
Appendix 7 Report on e-money payment transactions and frauds connected to them
Appendix 8 Report on the regional distribution of cash transactions
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