Croatian SEPA Coordination Committee REPUBLIC OF CROATIA National SEPA Migration Plan April 2014 Contents Introduction–Purpose and structure of the Republic of Croatia National SEPA Migration Plan ............................ 5 Legislative framework ............................................................................................................................................. 7 Payment System Act .............................................................................................................................. 7 Regulation (EC) No 924/2009 .................................................................................................................. 7 Regulation (EU) 260.2012260/2012 ......................................................................................................... 8 Act on the Implementation of EU Regulations Governing Payment Systems ............................................. 10 Regulation (EC) No 1781/2006 .............................................................................................................. 11 Scope of application – European Economic Area and SEPA ................................................................................. 12 SEPA project management.................................................................................................................................... 13 SEPA project in Member States ............................................................................................................. 14 SEPA impact assessment ....................................................................................................................................... 15 Organisational set up and management of the SEPA project in the Republic of Croatia ..................................... 18 Organisational structure of the SEPA project in the Republic of Croatia .................................................... 18 National Payment System Committee (NPSC)......................................................................................... 19 Croatian SEPA Coordination Committee (CSCC) ...................................................................................... 20 Croatian SEPA Forum (CSF) ................................................................................................................... 21 SEPA payment instruments ................................................................................................................................... 23 SEPA Credit Transfer ............................................................................................................................ 23 SEPA Direct Debit................................................................................................................................. 24 SEPA for Cards ..................................................................................................................................... 25 SEPA for Cash ...................................................................................................................................... 26 SEPA and New Payment Methods ......................................................................................................... 27 SEPA for Mobile ............................................................................................................................................................. 27 eSEPA ............................................................................................................................................................................. 27 Additional Optional Services – AOS ....................................................................................................... 29 SEPA – clearing and settlement of payment transactions .................................................................................... 30 Payment instruments in the Republic of Croatia .................................................................................................. 31 Credit transfer ..................................................................................................................................... 31 Direct debits ........................................................................................................................................ 31 Payment cards ..................................................................................................................................... 32 M-payments ........................................................................................................................................ 33 Clearing and settlement of payment transactions in the Republic of Croatia ...................................................... 34 Credit transfers .................................................................................................................................... 34 Other payment instruments ................................................................................................................. 35 Migration prerequisites – SEPA adherence .......................................................................................................... 36 NASO .............................................................................................................................................................................. 36 National SEPA Migration Plan, April 2014 2 Migration plan ....................................................................................................................................................... 38 Operational plan for the migration to SEPA payment instruments ...................................................................... 40 Plan of solutions for the execution of SEPA payment transactions ...................................................................... 41 Initiative of the Croatian banking community ......................................................................................... 41 Plan for an infrastructure solution for payment transaction settlement ............................................................. 43 National kuna payment transactions ..................................................................................................... 43 National and cross-border euro payment transactions ............................................................................ 43 National euro payment transactions ..................................................................................................... 43 Cross-border euro payment transactions ............................................................................................... 43 Settlement of clearing – establishment of the TARGET2 HR component ................................................... 44 Information and communication plan .................................................................................................................. 46 Monitoring the migration progress ....................................................................................................................... 49 Annex 1 Draft of the Migration Plan ................................................................................................................... 50 Plan of the organisational set-up of the SEPA project in the Republic of Croatia ................................................ 50 SEPA Migration Plan ............................................................................................................................. 51 National SEPA Migration Plan, April 2014 3 The Union shall adopt measures with the aim of establishing or ensuring the functioning of the internal market, in accordance with the relevant provisions of the Treaties. The internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of the Treaties. Article 26, paragraphs (1) and (2) of the Treaty on the Functioning of the European Union National SEPA Migration Plan, April 2014 4 Introduction–Purpose and structure of the Republic of Croatia National SEPA Migration Plan The European Economic Area1 inhabits more than 500 million people and sees over 71.5 billion payment transactions carried out every year. The Republic of Croatia has been part of the EEA since 1 July 2013. The idea behind participation in the Union and the European Economic Area is to achieve economic advantages offered by such associations. One of the basic principles is to realise the concept of the internal market, a necessary precondition being the creation of a single payments market in that area. The SEPA initiative was launched to accomplish this purpose. SEPA – the Single Euro Payments Area is an initiative that seeks to establish an area wherein natural and legal persons will be able to initiate and receive payments in euro, within the European Economic Area, under the same conditions, with the same rights and obligations, regardless of their location and of whether the payments are national (domestic) 2 or crossborder3. The aim of the SEPA initiative is to create a single payment system. The euro as the common (clearing) currency of the European Union was introduced on 1st January 1999, and euro banknotes and euro coins have been in circulation since 1 st January 2002. An initiative to establish uniform models and procedures for the execution of cashless euro payments was launched in the same year. In the first stages, the initiative developed as a self-regulatory process, left to market initiative. Member states set up national authorities for the realisation of the SEPA project and, upon the initiative of the European Commission and the European Central Bank, EU banks and banking associations established the European Payments Council, which is, among other things, responsible for the development of payment schemes for specific payment instruments. The European Payments Council has developed rules and standards for the execution of pan-European payment instruments: the SEPA Credit Transfer and the SEPA Direct Debit as well as the framework for the execution of payment card transactions. 1 The European Economic Area comprises states signatories to the Agreement on the European Economic Area. For more details see Scope of application – the European Economic Area and the SEPA. 2 Article 2, paragraph (1), item (30) of the Payment System Act: "national payment transaction" means a payment transaction the execution of which involves a payer's payment service provider and a payee's payment service provider, or only one payment service provider, which operate in the Republic of Croatia in accordance with Article 5 of this Act. 3 Article 2, paragraph (1), item (32) of the Payment System Act: "cross-border payment transaction" means a payment transaction the execution of which involves two payment service providers of which one payment service provider (of either the payer or the payee) operates in the Republic of Croatia in accordance with Article 5 of this Act, whereas the other payment service provider (of either the payer or the payee) operates pursuant to the regulations of another Member State. National SEPA Migration Plan, April 2014 5 As the migration to single payment instruments in the internal market was slower than expected, the European Commission joined the process as a regulatory authority. Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 establishing technical and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 94, 30.3.2012, hereinafter: Regulation (EU) 260/2012) established the deadlines for migration to single European payment instruments – the SEPA Credit Transfers and the SEPA Direct Debits. With the accession to the European Union, the deadline for migration of euro payment transactions to SEPA payment instruments also became mandatory for the Republic of Croatia. For this purpose, and upon the initiative of the National Payment System Committee, the national SEPA project was launched in the Republic of Croatia. The Republic of Croatia National SEPA Migration Plan is a document specifying the existing national payment instruments and infrastructure, the requirements set forth by European Union regulations on the SEPA Schemes, infrastructure and the execution of payment transactions within the SEPA, as well as the organisation of the SEPA project in the Republic of Croatia, the operational plan and the progress of migration within defined deadlines. The Migration Plan will be supplemented and updated on a regular basis. The Migration Plan is the outcome of an agreement between all stakeholders in the SEPA project in the Republic of Croatia; it is developed by the Croatian SEPA Coordination Committee and adopted by the National Payment System Committee. The main purpose of the Migration Plan is to prepare a framework for the acceptance of the SEPA project by payment service providers, payment system operators and payment service users in the Republic of Croatia. The other purpose of this document is to inform all SEPA project stakeholders, including payment service providers and users, public authorities, the Croatian National Bank, stakeholder groups, trade associations and payment system operators, about the goals defined by the project, the realisation of which will bring benefits to all stakeholders in the form of fast, cheaper, reliable and safe euro payment services, provided across the European Union under the same conditions by means of highly automated payment instruments. National SEPA Migration Plan, April 2014 6 Legislative framework The execution of SEPA payment transactions in the Republic of Croatia is governed by the following payment system regulations: Payment System Act The Payment System Act (Official Gazette 133/2009 and 136/2012) transposes into the legislation of the Republic of Croatia the provisions of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC (OJ L 319, 5.12.2007; hereinafter: the Directive on Payment Services). The Directive on Payment Services, which provides a legal basis for the creation of an EU single payments market, aims at: establishing state-of-the-art and comprehensive rules applicable to all payment services in the European Economic Area; enabling the execution of cross-border payments to be as simple, efficient and safe as the execution of national payments; encouraging competition in the market by introducing new participants to increase efficiency and reduce costs; and creating a necessary legal basis for the realisation of the SEPA. This Directive, for the first time in the European Union, regulates payment services and provides for uniform rules for the whole European Economic Area. Prior to coming into force of the Directive, payment services were regulated by the national legislation of Member States, and the legal framework for payment services was divided into 27 national legal systems. The Payment System Act came into effect on 1 January 2011. Regulation (EC) No 924/20094 Regulation (EC) No 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001 (OJ L 266, 9.10.2009.; hereinafter: Regulation (EC) No 924/2009) as amended by Regulation (EC) No 260/2012, came into force in the Republic of Croatia on the date of its accession to the European Union, 1 July 2013. 4 Regulation (EC) No 924/2009 and Regulation (EU) No 260/2012, in the unofficial Croatian translation, are available at the Croatian National Bank website: http://www.hnb.hr/platni-promet/hplatni-promet.htm under EU REGULATIONS. National SEPA Migration Plan, April 2014 7 Under Regulation (EC) No 924/2009, charges of payment service providers in the European Economic Area for payment service users' cross-border payments in euro must be on the same footing as charges for national payments of the same value in the same currency.5 The Regulation applies to all electronically initiated payments (credit transfers, direct debits, payment card transactions including ATM cash withdrawals and money remittances). 6 The Regulation also obliges payment service providers to inform their payment service users on their IBAN and the payment service provider's BIC. This Regulation replaced Regulation (EC) No 2560/2001, designed to put the prices for national and cross-border payment transactions in euro on the same footing in order to stimulate the market (payment service providers – banks) to develop payment schemes enabling the execution of cross-border payment transactions at the prices comparable to those of national payment transactions. Since pan-European payment schemes were developed, but the migration failed to proceed at the expected pace, Regulation (EU) No 260/2012 was adopted. Regulation (EU) 260/20127 Regulation (EU) No 260/2012 also came into effect in the Republic of Croatia on the date of its accession to the European Union, 1 July 2013. The Regulation sets forth the rules governing the execution of euro credit transfers within the European Economic Area and the deadlines for the start of the execution of payment transactions in accordance with the defined rules. Pursuant to the conditions set forth in the Regulation, credit transfer and direct debit transactions that the Regulation applies to, in the European Economic Area, should be executed within SEPA payment schemes for the stated payment instruments. The deadline for the adjustment prescribed for Member States whose currency is not the euro, including the Republic of Croatia, is 31 October 2016. The Regulation was amended by Regulation (EU) No 248/2014 of the European Parliament and of the Council of 28 February 2014 that defines the deadline for the adjustment for Member States whose currency is the euro as 1 August 2014. 5 Pursuant to Article 3 of Regulation (EC) No 924/2009, as amended by Article 17 item (2) of Regulation (EU) No 260, this rule applies irrespective of the payment transaction amount. 6 Document: Regulation (EC) No 924/2009–Frequently Asked Questions, officially released on the website of the European Commission. 7 Regulation (EC) No 924/2009 and Regulation (EU) No 260/2012 in the unofficial Croatian translation are available at the Croatian National Bank website: http://www.hnb.hr/platni-promet/hplatni-promet.htm under EU REGULATIONS. National SEPA Migration Plan, April 2014 8 The deadlines for the migration to the SEPA for the Republic of Croatia pursuant to Regulation (EU) No 260/2012 requirements for payment service providers: As of 1 July 2013 Article 8 paragraph (1) and Article 6 paragraph (3) (in relation with Article 7 of Regulation (EC) No 924/2009) A PSP must not apply a multilateral interchange fee or other agreed remuneration with an equivalent object or effect to cross-border direct debit transactions in euro. As of 1 July 2013 Article 8 paragraph (1) and Article 6 paragraph (3) (in relation with Article 7 of Regulation (EC) No 924/2009) Article 7, paragraph (1) A PSP which did not apply the multilateral interchange fee or other agreed remuneration with an equivalent object or effect prior to 1 November 2009 must not apply it to national direct debit transactions in euro. As of 1 February 2013 As of 1 February 2013 Article 8 paragraphs (2) and (3) and Article 6 paragraph (2) As of 31 October 2016 Article 3 Article 16 paragraph (2) New mandates for direct debits in euro must be given in accordance with SEPA rules. Valid mandates to collect recurring direct debits in a legacy scheme prior to 1 February 2014 continue to remain valid after that date. A PSP may charge a multilateral interchange fee for "R" transactions only if the conditions of Article 8 paragraph (2) are met. Reachability for SEPA payment instruments – a PSP that offers euro credit transfer/direct debit services must ensure the reachability for SEPA Credit transfers/SEPA direct debits. As of 31 October 2016 Article 4, paragraph Interoperability – The operator of a payment system operating in euro must ensure that the (2) payment system is technically interoperable with Article 16, other payment systems operating in euro. paragraph (8) As of 31 October 2016 Article 5, paragraph Payment transactions in euro must meet the following standards: (1) and Annex payment account format is IBAN, message format is: ISO 20022 XML. Article 16, paragraph (8) PSUs' payment transaction files (packages) must be in format ISO 20022 XML. On the request of a PSU, a PSP must be able to National SEPA Migration Plan, April 2014 9 submit information, statements, etc. in ISO 20022 XML format. As of 31 October 2016 Article 5, paragraph SEPA Credit Transfer in euro A PSP providing a credit transfer service must (2) and Annex execute payment transactions in euro as SEPA Credit Transfer. Article 16, paragraph (8) As of 31 October 2016 Article 5, paragraphs (3) and (6) and Annex SEPA Direct Debit in euro A PSP providing a direct debit service must execute payment transactions in euro as SEPA Direct Debit. Article 16, paragraph (8) As of 31 October 2016 Article 5, paragraphs (4), (5) and (7) A PSP must be able to recognise the payee's/payer's bank on the basis of IBAN (data on BIC must not be required). Article 16, paragraph (8) As of 1 February 2017 Article 8 paragraph (1) and Article 6 paragraph (3) (in relation with Article 7 of Regulation (EC) No 924/2009) A PSP must not apply a multilateral interchange fee or other agreed remuneration with an equivalent object or effect to national euro direct debit transactions. Until the stated date, a PSP may do so provided that the fee was charged prior to 1 November 2009. Note regarding the deadline of 31 October 2016: the deadline is set under the assumption that the Republic of Croatia will not introduce the euro as its national currency before 31 October 2015. Act on the Implementation of EU Regulations Governing Payment Systems Regulation (EC) No 924/2009 and Regulation (EU) No 260/2012 govern the requirements to be fulfilled by each Member State subject to these regulations in order for their provisions to be applied. For this purpose, the Act on the Implementation of EU Regulations Governing Payment Systems (Official Gazette 54/2013) was adopted, governing the authority competent for exercising supervision and dealing with complaints, regulating out-of-court complaints and redress procedures and defining infringements of Regulation (EC) No 924/2009 and Regulation (EU) No 260/2012. The Act came into force on the date of accession of the Republic of Croatia to the European Union, 1 July 2013. National SEPA Migration Plan, April 2014 10 Regulation (EC) No 1781/2006 Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 16 September 2006 on information on the payer accompanying transfers of funds imposes the obligation on payment service providers to have transfers of funds accompanied by accurate and meaningful information on the payer so that it is always possible to trace the transfer of funds back to the payer, regarding activities related to the prevention, investigation and detection of money laundering and terrorist financing. Prior to the accession of the Republic of Croatia to the European Union, this Regulation was implemented in the Ordinance on the content and type of data on the payer accompanying electronic funds transfer, the obligations of payment services provider and on exemptions from the obligation to collect data in funds transfer (Official Gazette 1/2009). Since the accession of the Republic of Croatia to the EU, the Regulation concerned has been directly applicable (the Ordinance concerned expired). A regulation repealing the Regulation concerned is currently undergoing an adoption procedure. The European Commission has prepared a proposal for a new regulation entitled Proposal for a Regulation of the European Parliament and of the Council on information accompanying transfers of funds. Legislative framework Payment System Act Directive on payment services governs payment services, payment service providers, obligations of payment service providers to inform payment service as well as other rights and obligations in relation to the provision and use of payment services, transaction accounts and the execution of payment transactions among credit institutions, the establishment, operation and supervision of payment institutions and the establishment, operation and supervision of payment systems. Regulation (EC) No 924/2009 establishes the principle of equality of charges for the execution of cross-border and corresponding national payment transactions in euro. A bank is obliged to communicate to its client the client's IBAN and the bank's BIC. Regulation (EU) No 260/2012 sets forth the rules on euro credit transfers and direct debits within the EEA payment message standards: IBAN, BIC and ISO 20022 XML equal rules for national and cross-border payments reachability of accounts for payments in the EEA interoperability of payment systems operating in euro validity of prior consent to execute direct debits rules on charges for the execution of direct debits sufficiency of one reachable account for payments in the EEA Act on the Implementation of EU Regulations Governing Payment Systems for the purpose of implementation of Regulation (EC) No 924/2009 and Regulation (EU) No 260/2012 governs the authority competent for exercising supervision and dealing with complaints regulates out-of-court complaints and redress procedures defines infringements Regulation (EC) No 1781/2006 all transfers of funds are accompanied by information on the payer purpose: prevention, investigation and detection of money laundering and terrorist financing National SEPA Migration Plan, April 2014 11 Scope of application – European Economic Area and SEPA Directive on payment services, Regulation (EC) No 924/2009 and Regulation (EU) No 260/2012 are directly applicable in Signatory States of the Agreement on the European Economic Area. The European Economic Area comprises EU Member States, Norway, Iceland and Liechtenstein. The SEPA is wider than the European Economic Area and, in addition to the mentioned states, includes Switzerland, Monaco and San Marino8 and some countries (Gibraltar, Martinique, Åland Islands, Mayotte, Saint Pierre and Miquelon, French Guiana, Guadeloupe, Reunion, Saint Barthélemy and the French part of Saint Martin). States and countries within the SEPA joined SEPA schemes and undertook to execute payment transactions in accordance with SEPA rules and procedures. States and countries outside the European Economic Area, however, are neither obliged to adopt nor to apply EU regulations (e.g. Directive on payment services and regulations governing payment systems). SEPA States9 EEA/EU/EMU Member States (18 states) Austria, Belgium, Cyprus, Estonia, Finland, France, Greece, Ireland, Italy, Latvia, Luxembourg, Malta, Netherlands, Germany, Portugal, Slovenia, Slovakia, Spain EEA/EU Member States whose currency is not the euro (10 states) Bulgaria, Czech Republic, Denmark, Croatia, Lithuania, Hungary, Poland, Romania, Sweden, United Kingdom of Great Britain and Northern Ireland EEA/non-EU Member States Iceland, Liechtenstein, Norway Non-EEA Member States Monaco, Switzerland, San Marino 8 As of 1 February 2014. Source: EPC List of SEPA Scheme Countries, EPC409-09, Version 2.0, 20 January 2014. 9 National SEPA Migration Plan, April 2014 12 SEPA project management The European Payments Council is the governing body in the development of the SEPA. The European Payments Council is the coordination body authorised by the European banking industry for decision-making in relation to payment systems, whose main goal is to promote the SEPA. Members of the European Payments Council represent banks, banking associations and payment institutions, that is, organisations of all sizes and from all sectors of the EU banking industry. The European Payments Council is, inter alia, competent for the development and management of payment schemes and frameworks for SEPA instruments as defined in the SEPA Credit Transfer Rulebook (SCT Rulebook), SEPA Direct Debit Rulebook (SDD Rulebook) and SEPA Cards Framework. The following working groups were established within the European Payments Council for the purpose of realising SEPA project goals: the SEPA Payment Schemes Working Group (Credit Transfer and Direct Debit), Cards Working Group, Cash Working Group, E-Commerce Payments Working Group, M-Payments Working Group, Standards Support Group, Legal Support Group and Information Security Support Group. A representative of the Republic of Croatia, nominated by the Croatian Bank Association, also participates in the work of the European Payments Council. At the European Union level, the most important bodies for the SEPA project development are the European Commission and the European Central Bank, which, in order to include the demand side into the SEPA project management in addition to the supply side (the only side represented in the European Payments Council), set up the SEPA Council, in December 2013 replaced by the Euro Retail Payments Board – ERPB. The Euro Retail Payments Board has the following goals: - to identify and study behavioural technical and legal obstacles in, but not limited to, credit transfers, direct debits, card payments, internet payments, mobile payments and paymentsrelated horizontal issues (e.g. issues related to standards, fraud and security); - identify and pursue ways to address these obstacles; - identify and pursue ways to foster innovation, competition and integration in retail payments in euro in the EU. The European Commission plans to define the role and significance of the SEPA management in an amended Directive on payment services. National SEPA Migration Plan, April 2014 13 SEPA project in Member States The SEPA project was launched at the national level of Member States and the national organisational set up was established. Plans for the realisation of the SEPA project take into account specific characteristics of each Member State. National authorities competent for the coordination of the establishment of the SEPA project in Member Sates meet at the EU Forum of National SEPA Coordination Committees organised by the European Commission to learn about activities carried out in other Member States, discuss issues of common interest with EU bodies and exchange information and experience in the SEPA migration process. A representative of the Republic of Croatia from the Croatian SEPA Coordination Committee will take part in the work of the EU Forum of National SEPA Coordination Committees organised by the European Commission. European level National level Banking associations, banks, other PSPs European Payments Council Central banks European Central Bank Euro Retail Payments Board (preceded by SEPA Council) European Commission National SEPA Coordination Committees Ministry of Finance EU Forum Other participants Demand – payment service users National SEPA Migration Plan, April 2014 14 SEPA impact assessment The SEPA will have a significant impact on all participants as it will create new opportunities and challenges, and increased competitiveness will make the euro payments area a single market for payment service providers to offer their services. A greater choice of payment service providers will enable payment service users to use a wide range of competitive payment methods. The SEPA will also ensure a considerable number of advantages, listed below. SEPA impact on payment service users Payment service users will be able to have a single payment account. They will be able to make euro credit transfers and direct debits from this account across the European Economic Area as simply as in the national payment system. The use of payment cards will be more efficient because users will be able to use the same payment card for all euro payments. Users will be able to be offered innovative services irrespective of national boundaries. The banking industry's long-term goal as regards SEPA payment instrument is for them to be used solely in an electronic form. Such payments include e-invoices, mobile and internet payments, airline e-tickets, etc. Payment service users will thus need less time for payment execution. The overall impact of the SEPA migration on consumers will be small. Consumers in Europe will experience some changes when SEPA instruments replace domestic payment instruments. Most SEPA-induced changes affecting consumers in the Republic of Croatia have already been completed (e.g. the introduction of IBAN and new payment order). SEPA impact on merchants Payment cards have become extremely popular with consumers and are increasingly replacing cheques and cash. The use of payment cards is expected to increase further. In this context, the SEPA offers the following benefits: Acquirers will be able to process all SEPA compliant card payments, including crossborder payments. Within the SEPA environment, merchants will be able to choose any acquirer in the European Economic Area to process card payments, which will increase competitiveness and bring down costs. Point-of-sale terminals in the SEPA will become increasingly standardised. This will allow for a wider choice of providers and merchants will be able to accept a wide range of cards from a single terminal. The increased competition among card schemes should also drive down the charges for merchants. The SEPA migration will influence the costs of IT operational support (new applications). National SEPA Migration Plan, April 2014 15 SEPA impact on business entities (companies) The SEPA will simplify the handling of payments for companies. Companies will be able to perform all euro-denominated payments from a single account, using SEPA payment instruments. The handling of payments will be easier, as all payments will take the same format. By consolidating their payments and liquidity management in one location, companies doing business with companies from the European Economic Area will be able to reduce costs and save time. Value added services, such as such as e-invoicing or e-reconciliation, will help companies to further optimise the handling of payments. Today these services are often offered only nationally, as different formats and legal rules make cross-border use difficult. Standardised SEPA payment schemes will make it easier to overcome these obstacles and companies will benefit from the straight through processing (STP) throughout the entire process. The migration to the SEPA will influence the costs of IT systems and applications, as well as the organisation of operations and human resources. SEPA impact on banks By enabling the use of new payment instruments and of the infrastructure spanning the entire European Union, the SEPA will bring the following benefits to banks: Banks will be able to expand their business and compete in the whole European Union therefore offering their services more easily to customers throughout the EU. Banks will also be able to expand their business by offering their clients value added services with SEPA products. The SEPA will lead to further EU integration and increase market efficiency. By harmonising payment execution conditions, the SEPA will bring about uniform rules, an equal and open approach, reachability, transparency and interoperability, thus stimulating competition. Regulation (EC) No 2560/2001, superseded by Regulation (EC) No 924/2009, which established the principle of equality of charges for national and corresponding crossborder payments within the European Union, created an inequality between bank charges and the costs of cross-border payments. Such inequality can only be eliminated by reorganising the execution of cross-border payments – processing, clearing and settlement – so that it is as efficient and favourably priced as the execution of national payment transactions, which is the primary goal of the SEPA. The banking industry will be faced with initial investment costs and the costs of maintaining the existing schemes and SEPA schemes until the final migration. In the long term, when national schemes are completely replaced by SEPA schemes, bank costs should be driven down by the economies of scales, scope of operations and innovations. Revenues will be affected by an increase in cross-border competition and new market participants. The period of migration from old to new schemes should be as short as possible, since studies have shown that costs increase with the length of the migration period. National SEPA Migration Plan, April 2014 16 As for the qualitative impact of the SEPA migration, it will be reflected on IT systems and applications' costs, client communication costs and, possibly, on the organisation of operations and human resources. SEPA impact on payment system operators The separation of the payment scheme development from payment systems should increase competition among payment system operators. Payment system operators, no longer limited by national boundaries, will be able to provide their services in the whole territory of the European Union. The common set of technical standards will enable interoperability or interlinking between different payment systems. Card processors will be able to support various card schemes and acquirers in the whole territory of the European Union. PAYMENT SERVICE USERS BANKS (payment service providers) (citizens – consumers, merchants, business entities, "the government") PAYMENT SYSTEMS National SEPA Migration Plan, April 2014 17 Organisational set up and management of the SEPA project in the Republic of Croatia The SEPA project was launched and the national SEPA organisation in the Republic of Croatia established upon the initiative of the National Payment System Committee to enable timely preparation of the application of Regulation (EU) 260/2012. Organisational structure of the SEPA project in the Republic of Croatia National Payment System Committee EU ECB EPC nominates information materials conclusions decisions Croatian SEPA Coordination Committee (CSSC) Croatian SEPA Forum (CSF) questions and proposals establishment monitoring information materials information materials nominates communication training feedback Stakeholders Working groups Credit Transfer Direct Debit Legal Issues Card payments e-payments and m-payments SECA - Single Euro Cash Area The organisational structure of the SEPA project in the Republic of Croatia was agreed on at the 21st meeting of the National Payment System Committee (hereinafter: the NPSC), held on 24 April 2013. National SEPA Migration Plan, April 2014 18 National Payment System Committee (NPSC) The main SEPA project management body in the Republic of Croatia is the NPSC. The NPSC is an inter-institutional body, established in 2003, comprising the Croatian National Bank, Ministry of Finance, Croatian Chamber of Economy (which includes the Banking and Finance Department and other financial institutions) and the Croatian Banking Association. The main tasks of the NPSC relate to all aspects of functioning of the domestic payment system, as follows: defining and proposing the implementation of joint measures within the payment system, aimed at ensuring uniform implementation of regulations from various fields; promoting the acceptance and implementation of new solutions in the payment system in order to increase the degree of its security and efficiency; providing initiative to establish co-operation among institutions responsible for adopting regulations closely related to domestic payment operations, and, where necessary, initiative to change current laws and subordinate legislation; monitoring the development and proposing the implementation of new services in the payment system with a view to improving the relationship between banks and their clients; identifying difficulties in the functioning of the domestic payment system and proposing solutions thereto; promoting further development of the domestic payment system based on market principles and confronting the monopolistic interests within the payment system of any financial institution in the country; and proposing guidelines for the development of the domestic payment system in accordance with EU Directives and accepted international standards. The NPSC, in accordance with its powers, adopts decisions, conclusions and recommendations for payment system procedures. At a NPSC meeting held in January 2013, it was agreed that the SEPA project in the Republic of Croatia be managed by the NPSC. At a NPSC meeting held in April 2013, the final proposal was adopted for the organisational set up and management of the SEPA project in the Republic of Croatia. It was agreed that the Committee would establish two working bodies, the Croatian SEPA Coordination Committee – CSCC, and the Croatian SEPA Forum – CSF. These working bodies will be independent in the performance of their tasks and they will report on their work to the NPSC. It was also agreed that the CSCC and CSF, in order to achieve their tasks, would be able to set up working groups aimed at designing practical solutions for the assigned tasks. National SEPA Migration Plan, April 2014 19 Following the adoption of Annex to the Agreement Establishing the National Payment System Committee (25 April 2013), amendments to the Rules of procedure of the National Payment System Committee, establishing formal prerequisites for the realisation of specified goals and tasks, were adopted at a Committee held in May 2013. Also at that meeting, the Committee adopted the Decision on the establishment of the Croatian SEPA Coordination Committee (CSCC) and the Decision on the establishment of the Croatian SEPA Forum (CSF). The tasks of the NPSC related to the SEPA project in the Republic of Croatia were defined as follows: supervising and steering the realisation of the SEPA project in the Republic of Croatia; establishing NPSC working bodies, the Croatian SEPA Coordination Committee (CSCC) and the Decision on the establishment of the Croatian SEPA Forum (CSF); assigning specific tasks to NPSC members or working bodies' participants; discussing and deciding on the open issues and proposals of SEPA working bodies related to the adherence to payment schemes and the development and establishment of payment infrastructure; monitoring, steering and harmonising the activities of SEPA working bodies, and the activities of NPSC members related to the realisation of the SEPA project; adopting the National SEPA Migration Plan and its amendments and monitoring its realisation; cooperating with institutions, organisations and associations that are not members of the NPSC but need to be involved in the realisation or informed of the SEPA project in the Republic of Croatia; monitoring the process of banks' adherence to the SEPA; discussing all other issues significant for the realisation of the SEPA project in the Republic of Croatia. Croatian SEPA Coordination Committee (CSCC) Croatian SEPA Coordination Committee (hereinafter: the CSCC) is a NPSC working body established on 21 May 2013 pursuant to the Decision on the establishment of the Croatian SEPA Coordination Committee. The members of the CSCC are the Croatian Banking Association (whose representative presides over the Committee), the Croatian National Bank, the Croatian Chamber of Economy, the Ministry of Finance and the Financial Agency. The CSCC can include the Croatian Employers' Association in its activities. The tasks of the CSCC are as follows: designing the National SEPA Migration Plan, monitoring its implementation and taking appropriate steps towards its realisation; the competent authority for the design of the National SEPA Migration Plan is the Croatian National Bank; developing and implementing the national kuna credit transfer and direct debit SEPA scheme; National SEPA Migration Plan, April 2014 20 developing and implementing solutions for the execution of euro credit transfers and direct debits in compliance with SEPA rules and Regulation (EU) No 260/2012; adopting proposals for setting up or adjusting the payment infrastructure in the Republic of Croatia in compliance with SEPA rules; defining open issues related to the realisation of the SEPA project in the Republic of Croatia, analysing these issues and proposing appropriate solutions, coordinating activities among participants involved in the realisation of the SEPA project in the Republic of Croatia; cooperating with the Croatian SEPA Forum regarding the coordination of activities and the realisation of the information plan for the stakeholders and general public regarding the SEPA project in the Republic of Croatia; participating in the work of the EU Forum of National SEPA Coordination Committees organised by the European Commission; monitoring the development of the SEPA and cooperating with other competent bodies in the EU. The CSCC reports on its work to the NPSC and: submits for adoption to the NPSC proposals for solutions of the issues within the scope of its tasks; as appropriate, submits for analysis to the NPSC and requires its opinion on the proposed solutions regarding specific open issues; submits the minutes of NPSC meetings to the secretary of the NPSC; In order to achieve its tasks, the CSCC can set up working groups for the purpose of designing proposals for the practical solutions of delegated tasks. The CSCC may designate a leader of a working group, its participants and the number of members representing each participant, as well as working group tasks. The participants of a working group may also be institutions, organisations or associations than do not participate in the work of the CSCC. Since its establishment, the CSCC has participated in the work of the European Payments Council and its working groups (addressing operational issues concerning the Republic of Croatia's participation in the SEPA, e.g. defining the national payee identifier, the Croatian SEPA logo, etc.) and formed operative groups for the SEPA Credit Transfer and SEPA Direct Debit as well as an operative group for legal issues. CSCC activities are aimed at defining SEPA schemes for the execution of SEPA payment transactions and ensuring the method of execution of SEPA cross-border payments. Croatian SEPA Forum (CSF) The Croatian SEPA Forum (hereinafter: the CSF) is a NPSC working body established on 21 May 2013 pursuant to the Decision on the establishment of the Croatian SEPA Forum. The members of the CSF are the Croatian Chamber of Economy (whose representative presides over the Forum), the Croatian Banking Association, the Croatian National Bank, the Ministry of Finance and the Financial Agency. The CSF can include the Croatian Employers' National SEPA Migration Plan, April 2014 21 Association, the Croatian Chamber of Trades and Crafts and consumer protection associations in its activities. The tasks of the CSF are as follows: promoting SEPA payment services for the general public and service users; organising meetings for the exchange of information between the supply and demand sides regarding the SEPA project in the Republic of Croatia; establishing the needs of participants on the demand side (business entities, craftsmen, consumers) and analysing their proposals; focusing on potentially large users; monitoring the readiness and coordinating the activities related to the realisation of the SEPA project in the Republic of Croatia on the demand side; coordinating the activities with the Croatian SEPA Coordination Committee. The CSF reports on its work to the NPSC and: submits for adoption to the NPSC proposals for the solutions of issues within the scope of its tasks; as appropriate, submits for analysis to the NPSC and requires its opinion on the proposed solutions regarding specific open issues; submits the minutes of its meetings to the NPSC secretary; In order to achieve its tasks, the CSF may set up working groups aimed at designing proposals for the practical solutions of delegated tasks. The CSF may designate a leader of a working group, its participants and the number of members representing each participant, as well as working group tasks. The participants of a working group may also be institutions, organisations or associations than do not participate in the work of the CSF. The website domain www.sepa.hr was purchased upon the establishment of the CSF, with the Editorial Board set up to design the website and define communication strategy. CSF activities have focused on payment service users (small and medium sized enterprises, large companies, the public sector, IT companies, craftsmen, consumers), the main activities being the promotion of SEPA payment services, informing the general public and training users. National SEPA Migration Plan, April 2014 22 SEPA payment instruments SEPA Credit Transfer "Credit transfer" means a national or cross-border payment service for crediting a payee’s payment account with a payment transaction or a series of payment transactions from a payer’s payment account by the PSP which holds the payer’s payment account, based on an instruction given by the payer.10 The SEPA Credit Transfer Scheme of the European Payments Council has been in effect as of 28 January 2008. The Scheme contains a set of interbank rules, procedures and standards for the execution of euro credit transfers in the SEPA by banks participating in the Scheme. The SEPA Credit Transfer Rulebook defines the business requirements and interbank rules for the operation of the Scheme as well as obligations of participants adhering to the Scheme. The SEPA Credit Transfer Rulebook is based on the rules for the execution of euro credit transfers laid down by Regulation (EU) No 260/2012. The SEPA Credit Transfer Scheme is presented in detail in the supplementary documents.11 The basic SEPA Credit Transfer standards are as follows: the payer's and payee's account is defined by the IBAN; the payer's and payee's payment service providers (banks) are defined by the BIC; payment transactions are executed in accordance with the ISO 20022 XML message format. Regulation (EU) No 260/2012 establishes deadlines for the execution of credit transfer transactions in euro in accordance with the rules set forth therein: the deadline for Member States whose currency is the euro is 1 February 2014 (Article 6 paragraph (1)), and for other Member States of the European Economic Area, including the Republic of Croatia, the deadline is 31 October 2016 (Article 16, paragraph (8)). Regulation (EU) No 248/2014 amends Regulation (EU) No 260/2012 setting a new deadline for Member States whose currency is the euro – 1 August 2014. The SEPA Credit Transfer Scheme has been adhered to by a total of 4,589 banks12, with the share of SEPA credit transfers in total credit transfers standing at 83.1% in January 2014. 13 10 Article 2, item (1) of Regulation (EU) No 260/2012. Technical documents for the SEPA Credit Transfer are available at: http://www.europeanpaymentscouncil.eu/content.cfm?page=sepa_credit_transfer under EPC technical documents. It should be noted that the EPC periodically updates and releases new versions of technical documents. 12 Source: EPC, March 2014. 13 Source: European Central Bank. 11 National SEPA Migration Plan, April 2014 23 SEPA Direct Debit "Direct debit" means a national or cross-border payment service for debiting a payer’s payment account, where a payment transaction is initiated by the payee on the basis of the payer’s consent.14 The SEPA Direct Debit Scheme of the European Payments Council has been in effect as of 2 November 2009. The Scheme contains a set of interbank rules, procedures and standards for the execution of direct debits in euro in the SEPA by banks participating in the Scheme. The SEPA Direct Debit Scheme comprises two schemes: the Core SEPA Direct Debit Scheme and the Business to Business SEPA Direct Debit Scheme - B2B. Each of the schemes is defined by the Rulebook and supplementary documents. The SEPA Core Direct Debit Rulebook defines the business requirements and interbank rules for the operation of the Core SEPA Direct Debit Scheme, as well as obligations of participants adhering to the Scheme. The SEPA B2B Direct Debit Rulebook defines the same elements for the Business to Business SEPA Direct Debit Scheme. The SEPA Direct Debit Rulebook is based on the rules for the execution of direct debits laid down by Regulation (EU) No 260/2012. The SEPA Direct Debit Schemes are presented in detail in supplementary documents.15 The basic SEPA direct debit standards are as follows: the payer's and payee's account is defined by the IBAN; the payer's and payee's payment service providers (banks) are defined by the BIC; payment transactions are executed in accordance with the ISO 20022 XML message format. Regulation (EU) 260/2012, as amended by Regulation (EU) No 248/2014, establishes deadlines for the execution of direct debit transactions in euro in accordance with the rules set forth therein (in accordance with the Core SEPA Direct Debit Scheme), which are the same as those applied to credit transfers: the deadline for Member States whose currency is the euro is 1 August 2014, and for other Member States of the European Economic Area, including the Republic of Croatia, the deadline is 31 October 2016 ( Article 16, paragraph (8)). Pursuant to the provisions of the Regulation, payment service providers (banks) are required to execute direct debit transactions in euro in compliance with the Core SEPA Direct Debit Scheme. The execution of direct debits in compliance with the Business to Business SEPA Direct Debit Scheme is not mandatory (Article 3 paragraph (3) of Regulation (EU) No 260/2012). This Scheme is a supplementary scheme that payment service providers may offer to their clients –business entities. 14 Article 2, item (2) of Regulation (EU) No 260/2012. Uredbe (EU) br. 260/2012. Technical documents for the SEPA Direct Debit are available at: http://www.europeanpaymentscouncil.eu/content.cfm?page=sepa_credit_transfer under EPC technical documents. It should be noted that the EPC periodically updates and releases new versions of technical documents. 15 National SEPA Migration Plan, April 2014 24 The Core SEPA Direct Debit Scheme has been adhered to by a total of 3,932 16 banks, and the Business to Business SEPA Direct Debit Scheme has been adhered to by 3;46317 banks. The share of SEPA direct debits in total executed direct debits in the EU in January 2014 was 60.2%18. SEPA for Cards A "payment card" means a device enabling its holder to make payments for goods and services either at an accepting device or remotely, and/or to access cash and/or other services at an ATM or another self-service device.19 The SEPA for Cards sets the conditions to offer cardholders to initiate payment transactions in euro across the SEPA with the same ease and convenience as in their home country and to enable merchants to freely choose among card brands and acquirers. The European Payments Council releases documents for the SEPA for Cards, including the SEPA Cards Framework, standards compiled in the SEPA Cards Standardisation Volume – Book of Requirements, as well as rules and regulations aimed at increasing the level of safety of card payments and preventing fraud.20 The European Payments Council's SEPA Cards Framework outlines the principles and rules to be implemented by the card industry and complied with by issuers, acquirers, card schemes and operators. The SEPA Cards Framework prescribes the EMV standard21 as a condition for the execution of payment card transactions in the SEPA, and the prevention of fraud by means of the chip and personal identification number (PIN) methodology. The European Payments Council has undertaken to complete the migration of all SEPA cards and accepting devices to the international EMV standard, based on the chip and personal identification number (PIN) methodology, by the end of 2010. An important indicator on the migration progress is the number of cards, POS terminals and automated teller machines that use the EMV and PIN technology for the authorisation of card payments. The migration to the EMV standard in the EU is essentially complete. An estimated 87.2% of payment cards, 94.2% of POS terminals and 96.7% of automated teller machines in the SEPA were in compliance with the EMV standard at the end of 2011. 22 The 16 Source: EPC, March 2014. Source: EPC, March 2014. 18 Source: European Central Bank 19 Article 2, paragraph (1), item (35) of the Payment System Act. 20 Technical documents for the SEPA for Cards are available at: http://www.europeanpaymentscouncil.eu/content.cfm?page=sepa_credit_transfer under EPC technical documents. It should be noted that the EPC periodically updates and releases new versions of technical documents. 21 EMV – Europay, MasterCard and Visa – an acronym for a set of specifications developed by the consortium EMVCo for the purpose of promoting the global standardisation of electronic financial transactions – in particular the global interoperability of chip cards (ECB Glossary http://www.ecb.europa.eu/home/glossary/html/index.en.html). 22 Source: EPC, the latest available data. 17 National SEPA Migration Plan, April 2014 25 share of SEPA payment transactions in total payment card transactions on POS terminals in the eurozone in June 2013 was 79.6%.23 Although the European Payment Council has developed a general SEPA Cards Framework, further standardisation is required before the deadlines for the migration to the third SEPA payment instrument are defined. The objectives of a SEPA for Cards will be achieved through the use of harmonised, interoperable and free standards, which are openly available to all parties within the card payment value chain. This vision is supported by the Cards Stakeholders Group, established in 2009, which represents retailers, processors, IT equipment vendors, card schemes and the European Payments Council. The Cards Stakeholders Group was established in order to reach an agreement as to the standards required to realise the SEPA for Cards project and the deadlines for the implementation of these standards. The initiative aims at removing technical obstacles which prevent the development of SEPA for Cards. The SEPA Cards Standardisation Volume, adopted by the Cards Stakeholders Group, defines a set of requirements to ensure an interoperable and scalable card and terminal infrastructure across SEPA, based on open and free standards.24 The SEPA for Cards in the Republic of Croatia is not covered by this Migration Plan. SEPA for Cash This SEPA initiative is aimed at replacing cash payments by cashless forms of payments. Despite the fact that cash accounts for a falling proportion of payments, it is in general still the predominant payment method and the demand for cash continues to grow. The disadvantage of cash payments is the high handling cost. The European Payments Council and the European Security Transport Association (ESTA) adopted the document Improving the Efficiency of the Handling of Cash - Cash Cycle Models, aiming to create awareness of how to improve the existing cash supply methods and reduce the overall cost for payment service providers, cash-in-transit companies and retailers. Member States whose currency is the euro have launched the initiative Single Euro Cash Area – SECA, aimed at developing a common set of services and practices to be followed by all national central banks in the eurozone. SEPA for Cash in the Republic of Croatia is not covered by this Migration Plan. 23 Source: European Central Bank, the latest available data. In January 2014, the European Payments Council together with the CSG published version 7.0 of the SEPA Cards Standardisation Volume, that stakeholders must comply with until January 2017. 24 National SEPA Migration Plan, April 2014 26 SEPA and New Payment Methods New technological developments and advances in IT technology have also been applied to payment systems. Economic trends have been accompanied by new and innovative payment methods that also need to be included into the single payment system of the European Economic Area. In January 2012, the European Commission adopted the document Green paper: Towards an integrated European market for card, internet and mobile payments. The European Payments Council and the European Central bank (through the Euro Retail Payments Board) monitors the development of new payment methods and, in cooperation with other stakeholders, works on the development of reliable and secure payment methods. New payment methods are not covered by the Republic of Croatia SEPA Migration Plan. SEPA for Mobile The European Payments Council issued the White Paper Mobile Payments in October 2012 and the White Paper Mobile Wallet Payments in January 2014, simple and easily understandable information materials on m-payments, as well as other materials containing requirements and instructions for managing mobile payments.25 eSEPA With the growing popularity of the internet, e-commerce has also become increasingly popular with consumers. The growth of e-commerce therefore requires the development and implementation of e-commerce payment solutions that will be accessible to consumers, efficient and secure. E-commerce payments are currently mostly made as card-not-present payments. New e-commerce payment solutions are required by retailers who want their customers to be able to pay for the products purchased in a simple and secure way and at an affordable price. E-retailers can use specialised service providers for technical and contractual issues as well as issues related to payment processing. In June 2012, the European Payments Council decided to cease developing the proposal for the SEPA e-payments framework and abandoned the launch of an initiative towards the same goal or effect. The European Payments Council decided to develop a scheme or adopt an existing scheme. The development of e-payments undoubtedly brings multiple benefits to consumers, retailers and payment service providers. However, the security and protection of the overall payment process in such transactions need to be ensured. 25 Technical documents for the SEPA mobile payments are available at: http://www.europeanpaymentscouncil.eu/content.cfm?page=sepa_credit_transfer under EPC technical documents. It should be noted that the EPC periodically updates and releases new versions of technical documents. National SEPA Migration Plan, April 2014 27 For this purpose, the SecuRe Pay (European Forum on the Security of Retail Payments) of the European Central Bank prepared the Recommendations for the security of internet payments and released a proposal for the Recommendations for payment account access services. Despite the slow progress in the area of eSEPA, the Eurosystem and other relevant bodies strive to encourage and support common initiatives for standardisation, launched by market participants at the European level, ensuring that all major participants can participate in that process. In this context, developments in eSEPA within the SEPA project need to be monitored. SEPA payment instruments SEPA Credit Transfer SEPA Direct Debit SEPA for Cards SEPA for Cash New payment methods: SEPA for Mobile; eSEPA National SEPA Migration Plan, April 2014 28 Additional Optional Services – AOS The European Payments Council anticipates the possibility that payment service providers will, in addition to the prescribed scheme for specific payment instruments, develop additional services to offer their payment service users. The European Payments Council’s SEPA Credit Transfer and SEPA Direct Debit (Core and B2B) Schemes have recognised that individual scheme participants and communities of participants will provide additional services based on the Schemes so as to meet specific expectations of payment service users. These additional; complementary services are described as Additional Optional Services (AOS). Payment service providers in the Republic of Croatia that will adhere to the SEPA Scheme or Schemes may also develop AOS. The following two types of additional optional services (AOS) are identified: - additional optional services provided by banks to their customers as value-added services which are nevertheless based on the core payment schemes. These AOS are purely a matter for banks and their customers in the competitive space. - additional optional services provided by local, national and pan-European communities of banks, such as the use of additional data elements in the ISO 20022 XML standards. Participants (payment service providers that have adhered to the SEPA Scheme) may only offer AOS in accordance with the following principles: - AOS must not compromise interoperability of the Scheme nor create barriers to competition. The Scheme Management Committee (SMC) of the European Payments Council should deal with any complaints or issues concerning these requirements related to compliance with the Rulebook as part of its normal procedures, as set out in the Internal Rules. - AOS are part of the market space and should be established and evolve based on market needs. Based on these market needs, the EPC may incorporate commonly used AOS features into the Scheme through the processes set out in the Internal Rules. - There should be transparency in relation to community AOS. In particular, details of community AOS relating to the use of data elements present in the ISO 20022 XML payment standards should be disclosed on a publicly available website (in both the language of the Member State and in English). The following AOS are currently operational or in the project phase: a possibility to use the Greek character set, reducing the deadline for the execution of credit transfers to one day (the SEPA Rulebook and Directive on payment services – at the longest until the end of the next working day, that is, two days), keeping the mandate for the execution of direct debit with the payee’s bank, amount verification in the execution of direct debits by the payer's bank (according to the maximum amount), amount verification in the execution of one-off direct debit by the payee’s bank, earlier submission of information on the mandate to execute direct debit (prior to the payment transaction), a central base of mandates for direct debits, rerouting of credit transfers in the case of closing an account to a new account (12 months), etc. National SEPA Migration Plan, April 2014 29 SEPA – clearing and settlement of payment transactions Regulation (EU) No 260/2012 sets forth the rules governing the execution of credit transfers and direct debits when they are executed to another payment service provider (via correspondent banking) and when they are executed through a payment system. "Payment system" means a funds transfer system with formal and standardised arrangements and common rules for the processing, clearing and/or settlement of payment transactions26. SEPA payment systems are called Clearing and Settlement Mechanisms – CSM. The provisions of Regulation (EU) No 260/2012 relate to payment transactions that are not carried out through large value payment systems so that plans for the migration to SEPA payment instruments cover retail payment systems. The European Central Bank has established the 2013 Eurosystem reference criteria for SEPA compliance of infrastructure27 so that a payment system could support the SEPA Credit Transfer and Direct Debit Schemes. The Schemes are separate from the infrastructure. Pursuant to Article 4 paragraph (2) of Regulation (EU) 260/2012, payment systems operating in euro must ensure interoperability with other payment systems operating in euro, as of 1 February 2014 in Member States whose currency is the euro (Article 4 paragraph (5)) and as of 31 October 2016 in Member States whose currency is not the euro, including the Republic of Croatia (Article 16 paragraph (8)). 26 Article 2, paragraph (1), item (29) of the Payment System Act. http://www.ecb.europa.eu/paym/sepa/elements/compliance/html/index.en.html It should be taken into account that the EPC no longer prescribes the PE_ACH/CSM Framework. 27 National SEPA Migration Plan, April 2014 30 Payment instruments in the Republic of Croatia Credit transfer Credit transfer is the most commonly used payment instrument in the Republic of Croatia, both considering the number and value of executed payment transactions. National credit transfers in kuna Credit transfers in 2013 Initiation methods Paper-based Through the internet Via telebanking By mobile telephones By fixed line telephones Other TOTAL Number of transactions 26,360,102 98,118,629 4,667,866 1,329,029 286,580 16,179,331 146,941,537 Value of transactions in HRK '000 495,553,319.4 760,342,623.6 76,151,718.1 1,807,855.2 374,463.1 383,622,806.3 1,717,852,785.70 Source: CNB: Data are aggregated on the basis of reports received pursuant to the Decision on the obligation to submit the report on payment statistics (Official Gazette, 189/2004 and 127/2009. *Data include payment transactions of payment service users and exclude transactions of banks performed in their own name and for their own account. Direct debits Since its coming into force, the Payment System Act has defined the direct debit payment instrument and the rights and obligations of payment service providers and payment service users related to the execution of this payment instrument. This service was at the disposal of payment service users prior to coming into force of the new Payment System Act, often entitled as the"standing order"28. The Act requires payment service providers to bring their contractual relationships with payment service users in compliance with legislative provisions. A system for the settlement of direct debit transactions has not been established in the Republic of Croatia. At the meeting of the Council of NCS participants, held on 22 September 2011, a Working Group for the Implementation of Kuna Direct Debit in the Republic of Croatia was set up. The outcome of the Group's activities was the proposal that the national kuna direct debit scheme be established as the SEPA Direct Debit scheme. 28 Payment transactions wherein a bank, pursuant to a contract concluded with a payment service user – the payer, executes a payment transaction debiting the payer's account in the given intervals, to previously agreed or definable amount, with the payee often not being aware of the contract between the payer and the payer's payment service provider. National SEPA Migration Plan, April 2014 31 National kuna direct debits Direct debits, standing order and debiting without an order in 2013 Number of transactions Value of transactions, in HRK '000 142,700,391 332,287,767.2 Source: CNB: Data are aggregated on the basis of reports received pursuant to the Decision on the obligation to submit the report on payment statistics (Official Gazette, 189/2004 and 127/2009. More precise data on direct debits will be available for 2014, based on data submitted pursuant to a new regulation on the collection of payment statistics of the Croatian National Bank. *Data include payment transactions of payment service users and exclude transactions of banks performed in their own name and for their own account. Cross-border direct debits are not executed in the Republic of Croatia. Payment cards Payment cards are a very popular payment instrument in the Republic of Croatia. Banks, inter alia, issue debit payment cards as current and giro account cards (5.85 million of which are opened in the Republic of Croatia29. In addition to by banks, payment cards are also issued by two electronic money institutions – card issuers, authorised to issue electronic money and provide payment services by the Croatian National Bank. Type of card Number of payment cards in circulation Balance as at 31 Dec. 2013 Credit cards Revolving cards Delayed debit cards Charge cards Debit cards Prepaid cards Other cards Total Total transactions in 2013 Number of transactions Value in HRK '000 150,799 2,358,356 763,166.9 645,236 471,336 549,123 6,585,770 180,742 32,808 8,615,814 28,595,499 27,449,374 38,216,504 213,045,856 759,924 138,006 310,563,519 7,542,848.5 9,070,021.7 9,735,364.1 87.726.937,5 135,103.9 46.027,7 115,019,470.4 Source: CNB. Data are aggregated on the basis of reports received pursuant to the Decision on the obligation to submit the report on payment statistics (Official Gazette, 189/2004 and 127/2009). In the Republic of Croatia, 7,102,506 payment cards issued to citizens (86% of the total number of cards issued) and 409,382 payment cards issued to business entities (81.64% of the total number of cards issued) are chip cards30. Although official figures are not available, most of these cards are considered to be EMV-compliant. 29 Source: CNB. Data are aggregated on the basis of reports received pursuant to the Decision on the obligation to submit the report on payment statistics (Official Gazette, 189/2004), balance as at 31 Dec. 2012. 30 Source: CNB: Data are aggregated on the basis of reports received pursuant to the Decision on the obligation to submit the report on payment statistics (Official Gazette, 189/2004 and 127/2009). More precise data on EMV-compliant payment cards will be available for 2014, based on data submitted pursuant to a new regulation on the collection of payment statistics of the Croatian National Bank. National SEPA Migration Plan, April 2014 32 All payment cards issued in the Republic of Croatia carry the brands of large global card payment schemes. M-payments Three mobile network operators in the Republic of Croatia have been authorised by the Croatian National Bank to issue electronic money and provide certain payment services as electronic money institutions31. In accordance with the authorisation granted, mobile network operators provide payment service users with a possibility to execute payment transactions by an SMS service via mobile phones. Payment service users are currently enabled to use an SMS service to execute small payment transactions – pay parking charges, public transport tickets, etc.32. 31 Register of institutions: http://www.hnb.hr/platni-promet/institucije/h-registar-institucija-e-novac.pdf Statistics will be available for 2014, based on data submitted pursuant to a new regulation on the collection of payment statistics of the Croatian National Bank. 32 National SEPA Migration Plan, April 2014 33 Clearing and settlement of payment transactions in the Republic of Croatia Credit transfers National kuna credit transfers between two payment service providers are executed through payment systems. In accordance with Article 43 paragraph (2) of the Payment System Act, the deadline for the execution of these payment transactions is the same business day when the payment order is received pursuant to Article 39 of the Payment System Act. There are two payment systems operating in the Republic of Croatia – the Croatian Large Value Payment System and the National Clearing System. The Croatian Large Value Payment System is a payment system for the settlement of funds transfer orders in real time on a gross basis, where the settlement in the participants' accounts during a CLVPS settlement day is effected individually. The System operator is the Croatian National Bank. The System became operative on 6 April 1999. The National Clearing System is s a payment system for the clearing of funds transfer orders between its participants based on a multilateral net principle. The multilateral net clearing of funds transfer orders implies a continuous clearing of funds transfer orders submitted for clearing by participants during an NCS clearing day. The System operator is the Financial Agency. The System became operative on 5 February 2001. The Croatian National Bank adopted the Decision establishing that the Croatian Large Value Payment System and the National Clearing System comply with the conditions set forth in the Act on Settlement Finality in Payment and Financial Instruments Settlement Systems (Official Gazette 117/2008). Within the meaning of the provisions of Regulation (EU) No 260/2012 retail payment systems are covered by plans for the migration to SEPA payment instruments. The National Clearing System currently executes the clearing of national kuna credit transfer transactions. The National Clearing System operator – Financial Agency, in a letter of intent sent to the CSCC on 3 June 2013, stated its readiness to ensure the possibility of clearing SEPA kuna and euro credit transfers and SEPA kuna and euro direct debits as well as the establishment of a payment system for the cross-border exchange and clearing of SEPA euro credit transfers. National SEPA Migration Plan, April 2014 34 Other payment instruments In the Republic of Croatia, direct debits are either executed within one payment service provider in the manner that both the payer’s and payee’s account are held with one payment service provider or, in the case when the payee’s account is held with another payment service provider, the direct debit transaction is executed at the initiative of the payee via payment systems using the national credit transfer scheme. Payment transactions executed by payment cards are processed in card payment systems, and payment transactions executed through an SMS service on mobile phones are executed via operating systems of mobile network operators. National SEPA Migration Plan, April 2014 35 Migration prerequisites – SEPA adherence A necessary prerequisite for the migration to SEPA payment instruments is that a payment service provider authorised to provide credit transfer and direct debit payment services that wishes to provide one or both of these services adheres to the SEPA Scheme or Schemes. In short, the SEPA adherence process requires an administrative procedure. As a prerequisite for the adherence to the Schemes, payment service providers are required to submit the appropriate completed documentation to the European Payments Council, which processes it and on this basis adopts a decision on adherence. Detailed guidance on the process of adherence to the Payment Schemes is available at the European Payments Council website, separately for the SEPA Credit Transfer and SEPA Direct Debit. Each of the Schemes (the SEPA Credit Transfer and SEPA Direct Debit) requires separate documentation and adherence process.33 The Adherence Pack comprises the following documents: The Scheme Adherence Agreement; Schedule to the Adherence Agreement; Legal Opinion. Documents contained in the Adherence Pack together form a valid application for adherence to the Schemes. Institutions looking to adhere to the Schemes submit the Adherence Pack either on their own or through agents and are responsible for the correct execution of the Adherence Agreement and the accuracy of information stated in the submitted documentation. In accordance with the Guide to the Adherence Process of the European Payments Council, the documentation is first submitted to the National Adherence Support Organisation – NASO, which then forwards it to the European Payments Council. The realisation of the migration project also requires the designation of a national body competent to provide support to the adherence process – the National Adherence Support Organisation – NASO, which falls within the competence of the NPSC. NASO The role of the National Adherence Support Organisation – NASO, is to provide support to applicants acting as the first point of contact between them and the European Payments Council and an overall facilitator in the process of collecting the required documentation and the Scheme adherence process. The NASO does not take on any legal obligations or 33 The overall adherence process for the Payment Schemes is available at the EPC website, see links: SEPA Credit Transferhttp://www.europeanpaymentscouncil.eu/content.cfm?page=adherence_to_the_sct_scheme, SEPA Direct Debithttp://www.europeanpaymentscouncil.eu/content.cfm?page=adherence_to_sdd_schemes. National SEPA Migration Plan, April 2014 36 liabilities, unless otherwise agreed with the adhering institutions. The European Payments Council takes on full liability for adopting a decision on the submitted documentation. Institutions' adherence to the Schemes is, as a rule, realised via the NASO, which sends all the received documentation to the European Payments Council for processing 34. There is also a possibility that one or more applicants nominate an agent, which prepares and submits the Adherence Pack to a chosen NASO on their behalf. The NASO should establish a means through which the institutions adhering to the Schemes can better understand the overall adherence process (availability in the Croatian language, etc.) and has the following tasks: forming an "adherence" project management team and allocating resources; providing guidance on the adherence process and a helpdesk for applicants; organising the collection of Adherence Packs; checking Adherence Packs; and organising and managing the process of submitting Adherence Packs to the European Payments Council. On the national level, the function of the NASO may be performed by a natural person or administrative body, provided that such a natural person or administrative body can implement the role of the NASO in accordance with the tasks specified in the Internal Rules. Necessary prerequisite for the SEPA migration SEPA Credit Transfer http://www.europeanpaymentscouncil.eu/content.cfm?page=adherence_to_the_sct_scheme SEPA Direct Debit http://www.europeanpaymentscouncil.eu/content.cfm?page=adherence_to_sdd_schemes NASO – National Adherence Support Organisation – a national body providing support in the Scheme adherence process facilitates the administrative procedure for the adherence 34 Exceptionally, the EPC allows a direct submission process for institutions with four or more subsidiaries located in four or more SEPA jurisdictions. These institutions may submit the Adherence Pack directly to the EPC, without the intervention of a NASO. National SEPA Migration Plan, April 2014 37 Migration plan 28 January 2008 introduced SEPA Credit Transfer 2 November 2009 introduced SEPA Direct Debit 1 July 2013 Regulation (EU) No 260/2012 takes effect 31 October 2016 deadline for migration to SEPA Credit Transfer and SEPA Direct Debit The migration implies the transition from the existing national rules, standards and schemes for the execution of payment transactions to the execution of payment transactions in accordance with the SEPA Scheme, rules and standards. Given that in accordance with Article 16 paragraphs (2) and (8) of Regulation (EU) No 260/2012 the deadline for migration to the SEPA Credit Transfer and SEPA Direct Debit, in euro, in the Republic of Croatia is 31 October 2016, the first plan of migration to SEPA payment instruments relates to credit transfer and direct debit. However, the deadlines for the implementation of SEPA standards for payment cards and accepting devices, which are also binding, although not defined by a regulation, but pursuant to an agreement within the European Payments Council. In addition, migration plans can envisage earlier deadlines for the migration to SEPA payment instruments than the prescribed date 31 October 2016 for payment transactions in euro and for the implementation of the SEPA standard for national payment transactions in kuna. A possible earlier transition to SEPA payment instruments could result in several benefits, including the reduction in the number of channels for the execution of payment transactions, which will in turn drive down these channels' management and maintenance costs, an earlier preparation for a new channel that must be introduced for payment transaction in euro as a legal requirement pursuant to Regulation (EU) No 260/2012, etc. Furthermore, as the deadline for the migration in eurozone Member States is 1 August 2014 (Regulation (EU) 260/2012), correspondent banks from eurozone Member States might be interested in communicating with banks from the Republic of Croatia via SEPA payment transactions. In addition, the development of the national infrastructure will not only be beneficial for the execution of SEPA payment instruments but also for the compliance with other requirements prescribed for payment service providers, primarily those related to the deadlines for the execution of national and cross-border payment transactions in euro National SEPA Migration Plan, April 2014 38 referred to in the Payment System Act and those related the equality of charges for the execution of payment transactions pursuant to Regulation (EU) No 924/2009. SEPA migration SEPA standard Requirements for banks as of 31 October 2016, when euro credit transfer and direct debit transactions for clients are to be executed within the EEA: the payment account identifier must be the IBAN; the message format must be ISO 20022 XML; o when it is executed through another payment service provider (via correspondent banking) and o when it s executed via a retail payment system (direct or indirect participant) the identifier of the payee's and payer's bank is the BIC, but the bank must ensure that the client uses the IBAN as a single payment account identifier (both for national and cross-border payments) without stating the BIC of the correspondent bank; the ISO 20022XML format must also be applied in the bank to client relationship (payment transaction files, information on executed payment transactions); National SEPA Migration Plan, April 2014 39 Operational plan for the migration to SEPA payment instruments Pursuant to the Decision on the establishment of the Croatian SEPA Coordination Committee, the tasks of the CSCC include the development and implementation of the national kuna credit transfer and direct debit SEPA scheme and the development and implementation of solutions required for the execution of credit transfers and direct debits in euro in accordance with SEPA rules and Regulation (EU) No 260/2012. Given the complexity of each European Payments Council's scheme for SEPA payment instruments, each working group should be entrusted with a detailed analysis of each particular scheme, aimed at establishing the correlations and differences between the existing payment transactions and SEPA payment transactions, with a view to preparing all relevant payment service providers for SEPA payment instruments, and at identifying all elements requiring a joint agreement of the banking community (e.g. a structured payer's identifier, structured payment reference, etc.). In order to define the required activities, their priority, order and deadlines, it is necessary that relevant working groups develop an operational plan for the migration to the SEPA Credit Transfer and SEPA Direct Debit. The migration plan should include the transition to SEPA payment instruments that comply with the provisions on the execution of credit transfers and direct debits referred to in Regulation (EU) No 260/2012 and the provisions of other regulations governing payment systems, while leaving intact the advantages and good practice currently existing in the national payment system. This primarily refers to the deadlines for the execution of national payment transactions, as set forth in Article 43 paragraph (2) of the Payment System Act. While the main focus is on the SEPA Credit Transfer and SEPA Direct Debit, due to the migration deadlines referred to in Regulation (EU) No 260/2012, the migration for SEPA cards and card infrastructure should also be taken into account, as well as the need for the establishment of a relevant working group to monitor innovations within the SEPA related to payment cards. Specifically, while most payment cards and most of card infrastructure in the Republic of Croatia is in compliance with the EMV (SEPA) standard, the task of the working group would be to establish the degree of compliance with SEPA standards and develop a national operational plan. National SEPA Migration Plan, April 2014 40 Plan of solutions for the execution of SEPA payment transactions The plan of solutions for the execution of SEPA payment transactions includes: achieving compliance with Regulation (EU) No 260/2012 regarding the execution of SEPA euro credit transfer transactions (national and cross-border), and adjusting the National Clearing System for the execution of kuna payments in compliance with SEPA standards (credit transfers and direct debits). Initiative of the Croatian banking community On 24 July 2013, the Croatian National Bank received a letter from the Croatian Banking Association, Croatian Chamber of Economy Banking Association and Fina, proposing that the Croatian National Bank, for the purpose of achieving the goals related to the implementation of the SEPA project in the Republic of Croatia, take the following steps: support the establishment of the National Clearing System for the clearing of euro payment transactions (Euro-NCS) by assuming the role of a settlement agent for euro payment transactions (national and cross-border), and ensure direct participation in the TARGET2 system for banks; authorise the adjustment of the National Clearing System for the clearing of kuna transactions in compliance with SEPA technical and technological standards. The Croatian National Bank supports the interest of the whole banking community and Fina to establish a single systemic solution at the level of the Republic of Croatia with the purpose of achieving compliance with Regulation (EU) No 260/2012 and the intention that the provision of payment services in kuna be adjusted with SEPA standards, as well as that the existing National Clearing System be adjusted for kuna payments. In February 2013, the Croatian National Bank undertook to support the requirements, as stated below: the establishment of the National Clearing System for the clearing of euro payment transactions (Euro-NCS), by assuming the role of a settlement agent for euro payment transactions (national and cross-border) and the ensuring of direct participation in the TARGET2 system for banks within the TARGET2 component; the adjustment of the National Clearing System for the clearing of kuna transactions in compliance with SEPA standards. The Croatian National Bank adopted this decision based on the following assessment of the initiative: the initiative ensures a single technological platform for the processing of euro payment transactions in compliance with Regulation (EU) No 260/2012 in the Republic of Croatia; it includes all banks as future participants in the Euro-NCS; National SEPA Migration Plan, April 2014 41 it enables the adoption of a single plan of application of Regulation (EU) No 260/2012 at the level of the Republic of Croatia and the monitoring of its realisation by the Croatian National Bank as competent institution; it establishes preconditions for the further development of payment services in the Republic of Croatia in compliance with European standards, it reduces the costs of processing of euro payment transactions and creates preconditions for the reduction of charges for these payments for end users of payment services, and it enables adequate preparation of the overall payment system in the Republic of Croatia for the euro as the official currency. National SEPA Migration Plan, April 2014 42 Plan for an infrastructure solution for payment transaction settlement National kuna payment transactions Fina, as the owner and operating manager of the National Clearing System, which has been clearing retail kuna interbank payments since 2001, in accordance with the requirements of the Croatian banking community, agreed to make an adjustment to the National Clearing System enabling it to clear kuna credit transfer transactions in compliance with technological and technical SEPA standards. National and cross-border euro payment transactions An infrastructural solution for the settlement of national and cross-border payment transactions implies: the establishment of a National Clearing System for the clearing of euro payment transactions (Euro-NCS), which executes the clearing of national euro payment transactions; the interoperability of the Euro-NCS realised through the euro retail payment system of a Member State; and the settlement of both national and cross-border euro payment transactions in the TARGET2 system, in euro accounts of banks opened in the TARGET2 HR component. National euro payment transactions In accordance with the requirements of the Croatian banking community, Fina agreed to set up a single national payment infrastructure for the execution and clearing of euro payment transactions (Euro-NCS), for the clearing of SEPA credit transfers. Banks would have euro clearing accounts in the Euro-NCS, and the System would process interbank SEPA euro credit transfers that are in full compliance with the requirements of Regulation (EU) No 260/2012. Cross-border euro payment transactions Cross-border payment transactions involving SEPA euro credit transfers are executed through the Euro-NCS, which is interoperable with a retail payment system of another Member State and achieves its interoperability using the EBA model through the panEuropean payment system EBA Clearing STEP2. In this manner, full SEPA reachability for Euro-NCS participants is achieved. National SEPA Migration Plan, April 2014 43 In order for the interoperability of the Euro-NCS-a to be achieved, the Croatian National Bank will participate in the euro payment system of another Member State as a direct participant and in the EBA Clearing STEP2 system as an indirect participant. The Croatian National Bank would have the role of a settlement agent for Croatian banks, which means that cross-border payment transactions for Croatian banks would be executed through a Croatian National Bank account in the euro payment system of another Member State. The role of a settlement agent in the EBA Clearing STEP2 system for the Croatian National Bank and banks would be assumed by the central bank of another Member State. To cover the clearing for cross-border payments from the Euro-NCS, banks pay funds to a Croatian National Bank account in the TARGET2 HR component. Settlement of clearing – establishment of the TARGET2 HR component According to the proposed solution, the Croatian National Bank, for the purpose of managing euro accounts of banks, establishes and operates the TARGET2 HR component. Final positions of banks from the clearing in Euro-NCS (national euro payment transactions and cross-border euro payment transactions) are settled in the TARGET2 HR component. Banks keep accounts in the TARGET2 HR component and have the possibility to independently initiate payments through the TARGET2 system. National SEPA Migration Plan, April 2014 44 Clearing model Execution of a SEPA credit transfer transaction (SCT) BANK A SCT Euro-NCS SCT Euro payment system from another Member State SCT final settlement STEP2 SCT BANK B final settlement in the STEP2 system TARGET T2 HR component - - the Croatian National Bank is a direct participant in the euro payment system of another Member State and an indirect participant in the EBA Clearing STEP2 system; banks are indirect participants in the euro payment system of another Member State and indirect participants in the EBA Clearing STEP2 system through another central bank; a settlement agent in the euro payment system of another Member State is the Croatian National Bank; a settlement agent in the EBA Clearing STEP2 system is another central bank; banks provide the Croatian National Bank with the coverage for the settlement of clearing of cross-border payment transactions in the Euro-NCS in its euro account in the TARGET2 HR component; the Euro-NCS sends to the euro payment system of another Member State only payment transactions for which coverage is ensured; the settlement of cross-border payment transactions form the Euro-NCS is performed in the Croatian National Bank’s euro account in the TARGET2 HR component; the settlement of national payment transactions from the Euro-NCS is performed in euro accounts of banks in the component TARGET2 HR; - the Euro-NCS is the provider of operational and technical services for the Croatian National Bank and exchanges data on payment transactions with the euro payment system of another Member State. National SEPA Migration Plan, April 2014 45 Information and communication plan A key objective of the communication plan is to raise awareness of the SEPA and SEPA instruments by emphasising the importance of incoming changes and the benefits they will bring to the business community and general public. In order to maximise the impact of the SEPA, it is necessary to provide information to all migration participants: payment service providers, payment service users, technical assistance providers, public utility companies, other big billers and "the government", as well as to organise adequate training for target groups. The intention is for target groups to be informed throughout the whole SEPA project implementation procedure, from its very beginning, through all project phases until its completion. The message on the benefits that the SEPA project brings to citizens and business entities should be addressed to the following target group segments: professional groups (stakeholders and companies), payment service provider's payment service users – legal persons (based on the economic activity, legal status, etc.), consumers (residents, nonresidents, pensioners, students and young population, etc.), budgetary beneficiaries, government authorities, local and regional self-government units; media. The communication should be simple, understandable and focused on a specific target group. All stakeholders should be provided with timely, clear and consistent information to avoid any misunderstanding. The information should focus on the benefits of the SEPA and the implementation of the SEPA Schemes, but also on the consequences arising from non-compliance with deadlines set forth in Regulation (EU) 260/2012. Action plan organising press conferences and producing press releases on the implementation of the SEPA project; maintaining and updating the website; publishing informative materials and publications; organising conferences, lectures, workshops and other forms of training featuring SEPA related presentations; direct consultations with users; - participating in SEPA migration campaigns organised by other bodies (the European Central Bank, European Payments Council). National SEPA Migration Plan, April 2014 46 Communication channels and information methods electronically (websites); direct communication (conferences, presentations, workshops, courses); informative materials, publications, brochures; press releases, newspaper articles. Pursuant to the Decision on the establishment of the Croatian SEPA Coordination Committee, the definition and realisation of the plan of informing the participants and general public of the SEPA project in the Republic of Croatia falls within the competence of the CSCC and are to be carried out in cooperation with the CSF. SEPA related information is available from pan-European sources (the European Payments Council, European Central Bank and European Commission – in general and via working bodies in which the Croatian National Bank and participants in the SEPA bodies of the Republic of Croatia have their representatives). The plan should address the method of disseminating this information to all payment system participants in the Republic of Croatia which is in line with national needs and requirements. In this context, it is necessary to agree on communication channels, including the set up and maintenance of the website. However, payment service users have already been or are being informed on the SEPA migration elements that will bring about the most significant changes to the procedures affecting payment service users. This primarily refers to the introduction of the IBAN account structure and new payment order forms adjusted to SEPA payment instruments. An important element of the migration, which affects all payment system participants and requires extensive information, is the introduction of the IBAN account format. As, starting from 1 June 2013, all transaction accounts in the Republic of Croatia are opened using the IBAN structure35 and all payer accounts in a payment transaction defined by the IBAN structure, the most comprehensive element of the migration in the Republic of Croatia has been completed. 35 In accordance with the provisions of Article 13 paragraph (3) of the Decision on the manner of opening transaction accounts (Official Gazette 3/2011, 35/2011, 50/2011, 89/2011, 101/2011, 135/2011, 56/2012, 18/2013, 23/2013 and 10/2014). National SEPA Migration Plan, April 2014 47 The last stage prior to the full implementation of the IBAN structure in payment transactions is to define the payee's account solely by the IBAN structure of the account, at the latest by 1 June 2014. Given the large number of transaction accounts opened for citizens and all business entities in the Republic of Croatia, and due to the obligation imposed on credit institutions to inform their clients36, all payment system participants in the Republic of Croatia have received quality information, so that expectations are that the information procedure on the requirement to define the payee's account with the IBAN structure will be completed with equal success. The next big step towards the adjustment of payment service users before 31 October 2016 is the initiation of individual credit transfers or individual direct debits which are not transmitted individually, but are bundled together, by large users – business entities, in the ISO 20022 XML format37. Furthermore, while the agreement on the information and communication plan is yet to be reached, it needs to be emphasised that the approach of informing payment service users by their payment service providers has proved successful. It is therefore proposed that this model is retained at the basic information model to be supplemented by other information sources (a SEPA related website, brochures, seminars, round table discussions, media, etc.). Joint activities carried out via SEPA bodies and the development of a communication plan envisaging communication with each payment system participant will facilitate information and information dissemination from payment service providers to payment service users, as well as information and information dissemination to all SEPA stakeholders in the Republic of Croatia. Once they are established, all stakeholders will be able to use these communication models in all subsequent phases of the SEPA project and payment system related to the Republic of Croatia membership in the EU. 36 In accordance with Article 13 paragraph (6) of the Decision on the manner of opening transaction accounts, credit institutions must inform payment service users, in a timely and appropriate manner, about the use of the IBAN structure of transaction accounts in accordance with the provisions of the said Decision. 37 Article 5 paragraph (1) under d) of Regulation (EU) No 260/2012. National SEPA Migration Plan, April 2014 48 Monitoring the migration progress A precondition for the monitoring of the migration progress in the Republic of Croatia and establishing the degree of implementation of the Migration Plan is the collection of payment statistics. It will be possible to obtain some of the required statistics from the statistics available to the Croatian National Bank pursuant to a regulation governing the collection of payment statistics and/or in another manner. Accordingly, it is necessary to define the scope of statistics that need to be collected, the method of collecting and processing these statistics and the competent national body. The scope of statistics should at a minimum include the monitoring of the number of payment service providers adhering to the SEPA, the number of payment transactions executed in compliance with the SEPA Scheme, the share of SEPA payment transactions in the total number of executed payment transactions, etc. It should also be taken into account that the European Central Bank also requires certain statistics from the Croatian National Bank for the purpose of monitoring migration progress at the EU level. National SEPA Migration Plan, April 2014 49 Annex 1 Draft of the Migration Plan Plan of the organisational set-up of the SEPA project in the Republic of Croatia Activity Organisational structure of the SEPA project in the Republic of Croatia Establishment of NPSC working bodies: CSCC Competent Planned body deadline NPSC NPSC Establishment of NPSC working bodies: CSF NPSC Establishment of operative groups for SEPA Credit Transfer and SEPA Direct Debit Establishment of the operative group for legal issues Nominating the National Adherence Support Organisation (NASO) Compilation of the SEPA website CSCC Compilation of the National Information and Communication Plan CSCC CSF Execution status Agreed on 21st NPSC meeting 24 April 2013 Decision on the establishment of the Croatian SEPA Coordination Committee 21 May 2013 Decision on the establishment of the Croatian SEPA Forum 21 May 2013 Completed CSCC Completed NPSC CSF Underway Underway National SEPA Migration Plan, April 2014 50 SEPA Migration Plan SEPA key activity schedule Activity Subordinate activity IBAN SCT EURO KUNA completed completed 1 10 2015 1 12 2015 NCS Infrastructure SDD 1 10 2015 Target2 1 2 2016 NCS – national 1 4 2016 NCS – cross-border 1 4 2016 XML for users 1 4 2016 1 4 2016 SCT NCS – national 1 4 2016 1 10 2016 SDD NCS – cross-border XML for users 1 10 2016 SEPA Credit Transfer in Euro National euro payment transactions In accordance with the proposed plan, an infrastructural solution – the Euro National Clearing System (hereinafter: the Euro-NCS), which executes the clearing of SEPA credit transfer transactions would be set up and ready for a test launch on 1 October 2015. The settlement test would be performed in the TARGET2 test environment. The Croatian National Bank would join the TARGET2 system (in live operation) on 1 February 2016. The clearing of national euro payment transactions in the Euro-NCS and the settlement of the clearing in euro accounts of banks in the TARGET2 system would start production operations on 1 April 2016. National SEPA Migration Plan, April 2014 51 Cross-border euro payment transactions The clearing of cross-border SEPA credit transfer transactions in euro through the Euro-NCS payment system would start with production operations on 1 April 2016. Kuna payment transactions in the SEPA format SEPA Credit Transfer in kuna The infrastructural solution – the possibility of the clearing of kuna credit transfer transactions initiated in compliance with the SEPA scheme and in the SEPA format – would be set up and ready for a test launch on 1 December 2015. The clearing of kuna payment transactions initiated in compliance with the SEPA scheme and in the SEPA format would start production operations on 1 April 2016. SEPA Direct Debit in kuna The infrastructural solution – the possibility of the clearing of kuna direct debit transactions initiated in compliance with the SEPA scheme and in the SEPA format – would be set up and ready for a test launch on 1 October 2015. The clearing of kuna payment transactions initiated in compliance with the SEPA scheme and in the SEPA format would start production operations on 1 October 2016. XML for users Payment service users initiating individual credit transfers or individual direct debits which are not transmitted individually, but are bundled together, in accordance with Article 5 paragraph (1) under d) of Regulation (EU) 260/2012 – "large users" should be rendered capable of initiating euro credit transfers in compliance with the SEPA format as of 1 April 2016. Large users should be rendered capable of initiating kuna credit transfers in accordance with the SEPA format as of 1 April 2016, and kuna direct debits in kuna as of 1 October 2016. Each of the described activities will be specified in detail in the national operational plan for the migration to the SEPA Credit Transfer and the SEPA Direct Debit, which is to be compiled by relevant working groups. National SEPA Migration Plan, April 2014 52 Migration Plan 2014. 1 2 3 4 5 6 2015. 7 8 9 10 11 12 1 2 3 4 5 6 7 2016. 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 Euro payment transactions Euro NCS CT - test Target 2 Euro NCS CT national - live CREDIT TRANSFER Euro NCS CT cross-border - live XML for large users Kuna payment transactions NCS SEPA CT HRK - test CREDIT TRANSFER NCS SEPA CT HRK - live XML for large users NCS SEPA DD HRK - test NCS SEPA DD HRK - live DIRECT DEBIT 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 8 9 10 11 12 1 2 3 4 5 6 7 XML for large users 8 9 10 11 12
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