Both schemes for SEPA Direct Debit - SEPA Core Direct Debit Scheme and SEPA B2B Direct Debit Scheme start to operate as of the 2nd of November 2009 when the Payment Services Directive is going to be in force. In this relation the national adherence support organizations (NASO) and the European Payments Council (EPC) start their work on accepting banks’ documents for participation in the SDD schemes. For each scheme banks should fill in and submit a separate adherence pack, which can be found on the EPC Internet site in “SEPA Direct Debit” section. Both adherence packs contain the same types of documents and they are Adherence Agreement, Schedule and Legal Opinion.
The adherence pack should be sent to the national adherence support organization in two original copies and via e-mail as NASO performs all the necessary contacts with the EPC related to documents sending and consulting of banks on definite issues. Regarding the adherence pack it should be taken notice of the peculiarities described below:
In order to adhere to one of both schemes banks should fill in a separate adherence pack as the deadlines for sending the documents to the EPC are different for both schemes. The starting date for receiving and processing the adherence pack for SEPA Core Direct Debit Scheme is the 1st of May 2009 and the final date for receiving it in the EPC is the 4th of September 2009. The starting date for receiving and processing the adherence pack for SEPA B2B Direct Debit Scheme is the 1st of July 2009 and the final date for their receiving in the EPC is the 11th of September 2009. The indicated deadlines are valid for the banks which could perform SDD as of the 2nd of November 2009 and will be included in the Register of Participants for SEPA Core Direct Debit Scheme and Register of Participants in SEPA B2B Direct Debit Scheme as of the 2nd of October 2009.
It is desirable the banks that wish to join the SDD schemes but are not ready for this as of the 2nd of November 2009 to submit the adherence pack in a later stage in correspondence with the effective date when they are going to be ready to perform SDD. This is done with the aim not to pile the EPC with additional information whose processing is not urgent. As of the 3rd of November 2009 the EPC is going to start processing of the adherence packs of the banks that are going to be able to perform SDD later than the initially announced date.
The documents for adherence to the scheme are sent in two original copies to the NASO and via e-mail at bgnaso@intech.bg. The Schedule is sent via e-mail in Excel format with a view to its easier processing by the EPC.
The Legal Opinion should be signed by an internal or external legal counsel (lawyer). The date on the Legal Opinion should be the same as the date on the Adherence Agreement. If the date on the Legal Opinion is earlier than the date on the Adherence Agreement the adherence pack is considered to be invalid.
Branches of banks whose headquarters are situated in the SEPA area do not submit a separate adherence packs for the SDD schemes. When the mother bank submits an adherence pack for one of the schemes, the branches are automatically covered and it is considered that they have adhered to the scheme as of the date when the mother bank has declared its readiness to perform SDD.
Branches which are situated in a country from the European economic area (EEA) but the headquarters of the mother banks are not situated in the SEPA area and which wish to adhere to one of both SDD schemes submit an adherence pack that contains Adherence Agreement, Schedule and two Legal Opinions. One of the legal opinions is signed by a lawyer from the country in the EEA where the branch is licensed to perform its activity as it is certified in the Legal Opinion that the branch is licensed in conformity with the requirements of Directive 2006/48/ЕС, as only branches licensed in accordance with Directive 2006/48/ЕС can adhere to the SDD schemes. The second Legal Opinion is signed by a lawyer from the country where the headquarters of the mother bank are situated and it is signed in conformity with the laws in that country. This Legal Opinion must contain the same or a later date as the one in the first Legal Opinion in order to have a valid adherence pack.
Within 10 days after receiving the adherence pack the EPC sends a message to the respective participant that the adherence pack has been received and it is being processed. This message contains a user name and a password that allow the participant to enter in the EPC Register of Participants.
The final decision for adherence to the SDD schemes is taken by the Scheme Management Committee at the EPC as the NASO performs check for correspondence between the documents, availability of signatures, dates, respective qualifications.