2. Guideline 2: Limited network of service providers under Article 3(k)(i) of PSD2

2.1. When assessing whether the use of a specific payment instrument is limited within a limited network of service providers, competent authorities should take into account all of the following criteria in the assessment of the information provided by the issuer with the notification submitted under Article 37(2) of PSD2:

• a) A direct contractual agreement for acceptance of payment transactions is concluded between the issuer of the payment instrument and each provider of goods and services, and, where applicable, each acceptor, operating within the limited network;
• b) The envisaged maximum number of providers of goods and services operating within the limited network as set out by the issuer in the notification under Article 37(2) of PSD2; and
• c) The provider offers goods and services under a common brand that characterises the limited network and provides visual manifestation to the user of the payment instrument.

2.2. Complementary to the assessment under Guideline 2.1, competent authorities should take into account, based on the size and specificity of their market, all of the following additional indicators:

• a) The specific geographical area for provision of goods and services, as set out by the issuer;
• b) The volume and value of payment transactions to be carried out with the payment instruments on an annual basis, as envisaged by the issuer;
• c) The maximum amount to be credited to the payment instruments, as envisaged by the issuer;
• d) The maximum number of payment instruments to be issued, as envisaged by the issuer; and
• e) The risks faced by the customer when using the specific payment instrument, as identified by the issuer.

2.3. Competent authorities should take into account that a limited network of service providers can consist of physical stores only, online stores only or a combination of physical and online stores.

2.4. When carrying out the assessment set out in Guidelines 2.1 and 2.2, competent authorities should not make a distinction between the type of stores and should not require the type of goods and services offered in online stores to be dependent on the type of goods and services offered in physical stores or vice versa.

2.5. Competent authorities should not allow the use of the same payment instrument excluded under Article 3(k)(i) of PSD2 across different limited networks of service providers.

2.6. Competent authorities should take into account that either the issuer of the payment instrument or the providers of goods and services can delegate the conclusion of the contractual agreement referred to in Guideline 2.1 to a third party acting on their respective behalf. 2.7. Competent authorities should apply Guidelines 2.1 and 2.2. in a restrictive way that does not allow for the possibility for a specific-purpose payment instrument to develop into a general-purpose payment instrument.

1. Overview

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

3. Related Standards

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