16. PSPs and CASPs should treat a transfer of funds or crypto-assets as a payment for goods or …

PSPs and CASPs should treat a transfer of funds or crypto-assets as a payment for goods or services when the transfer is made from a customer (buyer) to a merchant (seller) in exchange for the purchase of goods or for the provision of services. To determine whether a card, instrument or device is used exclusively to pay for goods or services, PSPs and CASPs should establish that at least one of the following conditions is met:

• a) whether the functionality of the card, instrument or device used is restricted to pay for goods or services;
• b) whether a merchant categorisation code is assigned to customers, including payment card schemes’ Merchant Category Code (MCC), that is used to categorise the type of goods or services sold;
• c) whether the customer is engaged in economic or professional activity, irrespective of its legal form, using information collected for the purposes of Article 13 of Directive (EU) 2015/849, if available, or information accessible via third-party providers or in publicly available sources; and
• d) the PSP’s or CASP’s analysis of trends and behaviours, including transfer history and patterns, allows it to determine whether the payer and originator make payments for goods or services, or the payee and beneficiary receive payments for goods or services.

4.2.2. Linked transfers in relation to the EUR 1 000 threshold as referred to in Articles 2(5), point (c), 5(2), 6(2) and 7(3) of Regulation (EU) 2023/1113

Transfer of funds

1. Overview

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

3. Related Standards

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