L 352/18 Official Journal of the European Union 24.12.2013 REGULATION (EU) No 1409/2013 OF THE EUROPEAN CENTRAL BANK of 28 November 2013 on payments statistics (ECB/2013/43) THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK, Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 5 thereof, Having regard to Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (), and in particular Articles 5(1) and 6(4) thereof, Having regard to the opinion of the European Commission, Whereas: The European Central Bank (ECB) requires country- specific and comparative payments statistics to fulfill its tasks. Article 2(1) of Regulation (EC) No 2533/98 provides that information may be collected in the area of payments and payment systems statistics. These data are essential for identifying and monitoring developments in the payments markets within the Member States, and for assisting in the promotion of the smooth operation of payment systems. Article 5.1 of the Statute of the European System of Central Banks and of the European Central Bank (here- inafter the ‘Statute of the ESCB’) requires the ECB, assisted by the national central banks (NCBs), to collect the necessary statistical information either from the competent national authorities or directly from economic agents in order to undertake the tasks of the European System of Central Banks (ESCB). Article 5.2 of the Statute of the ESCB requires NCBs to carry out, to the extent possible, the tasks described in Article 5.1. The Eurosystem collects payments information pursuant to Guideline ECB/2007/9 (). In the interest of increasing the quality and reliability of payments statistics and ensuring full coverage of the reporting population, the () OJ L 318, 27.11.1998, p. 8. (?) Guideline ECB/2007/9 of 1 August 2007 on monetary, financial institutions and markets statistics (O] L 341, 27.12.2007, p. 1). relevant information should be collected directly from reporting agents. The methodology according to which payments information is collected should take account of the devel- opments in the legal framework for payments within the European Union, in particular, Directive 2007/64[EC of the European Parliament and of the Council (%), Directive 2009/110/EC of the European Parliament and of the Council (*) and Article 5 of of Regulation (EC) No 924/2009 of the European Parliament and of the Coun- cil (%). It may be appropriate for NCBs to collect from the actual reporting population the statistical information necessary to fulfil the ECB’s statistical requirements as part of a broader statistical reporting framework which the NCBs establish under their own responsibility in accordance with Union or national law or established practice and which also serves other statistical purposes, provided that the fulfilment of the ECB’s statistical requirements is not jeopardised. This may also reduce the reporting burden. In order to foster transparency, it is appropriate, in these cases, to inform the reporting agents that data are also collected to fulfil other statistical purposes. In specific cases, the ECB may rely on statistical information collected for such other purposes to fulfil its require- ments. While it is recognised that regulations adopted by the ECB under Article 34.1 of the Statute of the ESCB do not confer any rights or impose any obligations on Member States whose currency is not the euro (here- inafter the ‘non-euro area Member States’), Article 5 of the Statute of the ESCB applies to both Member States whose currency is the euro (hereinafter the ‘euro area Member States’) and non-euro area Member States. Recital 17 of Regulation (EC) No 2533/98 refers to the fact that Article 5 of the Statute of the ESCB, together with Article 4(3) of the Treaty on European Union, implies an obligation to design and implement at national level all the measures that the non-euro area (}) Directive 2007/64[EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market (O] L 319, 5.12.2007, p. 1). Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money insti- tutions (O] L 267, 10.10.2009, p. 7). 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 (O] L 266, 9.10.2009, p. 11).