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Regulation (EU) 2023/1113 of the European Parliament and of the Council of 31 May 2023 on information accompanying transfers of funds and certain crypto-assets and amending Directive (EU) 2015/849 (Text with EEA relevance)RecitalsChapter I Subject matter, scope and definitions (arts. 1-3)Article 1 Subject matterArticle 2 ScopeArticle 3 DefinitionsChapter II Obligations on payment service providers (arts. 4-13)Section 1 Obligations on the payment service provider of the payer (arts. 4-6)Article 4 Information accompanying transfers of fundsArticle 5 Transfers of funds within the UnionArticle 6 Transfers of funds to outside the UnionSection 2 Obligations on the payment service provider of the payee (arts. 7-9)Article 7 Detection of missing information on the payer or the payeeArticle 8 Transfers of funds with missing or incomplete information on the payer or the payeeArticle 9 Assessment and reportingSection 3 Obligations on intermediary payment service providers (arts. 10-13)Article 10 Retention of information on the payer and the payee accompanying the transferArticle 11 Detection of missing information on the payer or the payeeArticle 12 Transfers of funds with missing information on the payer or the payeeArticle 13 Assessment and reportingChapter III Obligations on crypto-asset service providers (arts. 14-22)Section 1 Obligations on the crypto-asset service provider of the originator (arts. 14-15)Article 14 Information accompanying transfers of crypto-assetsArticle 15 Batch file transfers of crypto-assetsSection 2 Obligations on the crypto-asset service provider of the beneficiary (arts. 16-18)Article 16 Detection of missing information on the originator or the beneficiaryArticle 17 Transfers of crypto-assets with missing or incomplete information on the originator or the beneficiaryArticle 18 Assessment and reportingSection 3 Obligations on intermediary crypto-asset service providers (arts. 19-22)Article 19 Retention of information on the originator and the beneficiary accompanying the transferArticle 20 Detection of missing information on the originator or the beneficiaryArticle 21 Transfers of crypto-assets with missing information on the originator or the beneficiaryArticle 22 Assessment and reportingChapter IV Common measures applicable by payment service providers and crypto-asset service providers (art. 23)Article 23 Internal policies, procedures and controls to ensure implementation of restrictive measuresChapter V Information, data protection and record-retention (arts. 24-27)Article 24 Provision of informationArticle 25 Data protectionArticle 26 Record retentionArticle 27 Cooperation among competent authoritiesChapter VI Sanctions and monitoring (arts. 28-33)Article 28 Administrative sanctions and measuresArticle 29 Specific provisionsArticle 30 Publication of sanctions and measuresArticle 31 Application of sanctions and measures by competent authoritiesArticle 32 Reporting of breachesArticle 33 MonitoringChapter VII Implementing powers (art. 34)Article 34 Committee procedureChapter VIII Derogations (art. 35)Article 35 Agreements with countries and territories which do not form part of the territory of the UnionChapter IX Other provisions (arts. 36-37)Article 36 GuidelinesArticle 37 ReviewChapter X Final provisions (arts. 38-40)Article 38 Amendments to Directive (EU) 2015/849Article 39 RepealArticle 40 Entry into forceAnnex I Repealed Regulation with the Amendment theretoAnnex II Correlation TableDone at
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AI Summary of Article 36 Guidelines

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Version status: Applicable | Document consolidation status: No known changes
Version date: 30 December 2024 - onwards
Version 3 of 3

Article 36 Guidelines

EBA shall issue guidelines addressed to the competent authorities and the payment service providers in accordance with Article 16 of Regulation (EU) No 1093/2010 on measures to be taken in accordance with this Regulation, in particular as regards the implementation of Articles 7, 8, 11 and 12 of this Regulation. By 30 June 2024, EBA shall issue guidelines addressed to the competent authorities and to the crypto-asset service providers on measures to be taken as regards the implementation of Articles 14 to 17 and Articles 19 to 22 of this Regulation.

EBA shall issue guidelines specifying technical aspects of the application of this Regulation to direct debits as well as the measures to be taken by payment initiation service providers, as defined in Article 4, point (18), of Directive (EU) 2015/2366, under this Regulation, taking into account their limited role in payment transactions.

EBA shall issue guidelines, addressed to competent authorities, on the characteristics of a risk-based approach to supervision of crypto-asset service providers and the steps to be taken when conducting such supervision.

EBA shall ensure a regular dialogue with stakeholders on the development of technical interoperable solutions with the view of facilitating the implementation of the requirements laid down in this Regulation.

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