Activities of Philippe DE BACKER related to 2013/0139(COD)
Plenary speeches (1)
Payment accounts (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features PDF (585 KB) DOC (462 KB)
Amendments (84)
Amendment 135 #
Proposal for a directive
Recital 9
Recital 9
(9) This Directive applies to payment accounts held by consumers. Consequently, accounts held by businesses, even small or micro enterprises, unless held in a personal capacity, are outside its scope. Furthermore, this Directive does not cover savings accounts, which may have more limited payments functions. Also, this directive does not cover credit cards, which are not central to achieving its objectives of enhancing financial inclusion as well as of the single market.
Amendment 140 #
Proposal for a directive
Recital 12
Recital 12
(12) Consumers would benefit most from information that is concise and easy to compare between different payment service providers. The tools made available to consumers to compare payment account offers would not have a positive impact if the time invested in going through lengthy lists of fees for different offers outweighed the benefit of choosing the offer that represents the best value. A list of payment services accounting for 80% of the most representative payment services subject to a fee at national level is therefore the best approach to represent the majority of the most representative payment services and take into account the particularity of the services offered in the Member States. Accordingly, fee terminology should only be standardised for the most representative terms and definitions within Member States in order to avoid the risk of excessive information.
Amendment 144 #
Proposal for a directive
Recital 13
Recital 13
(13) The fee terminology should be determined by national competent authorities, allowing for consideration of the specificities of local markets. To be considered representative, services should be subject to a fee at a minimum of one payment service provider in Member States. In addition, where possible, fee terminology should be standardised at EU levelan EU standardised list of definitions should be elaborated, thus allowing for comparison across the Union. The European Banking Authority (EBA) should establish guidelines to assist Member States to determine the most representative payment services subject to a fee at national level.
Amendment 148 #
Proposal for a directive
Recital 14
Recital 14
(14) Once national competent authorities have determined a provisional list of the most representative services subject to a fee at national level together with therms and definitions, the Commission should review them to identify, by means of delegated acts, the services that are common to the majority of Member States and propose an EU standardised EU level terms andlist of definitions for them.
Amendment 159 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to ensure the consistent use of applicable EU level terminology across the Union, Member States should establish an obligation for payment service providers to use the applicable EU level terminology together with the remaining national standardised terminology identified in the provisionalEU standardised list when communicating with consumers, including in the fee information document and the statement of fees. Except for in the fee information document and statement of fees, pPayment service providers may use brand names to denote services.
Amendment 173 #
Proposal for a directive
Recital 21
Recital 21
(21) Consumers are only incentivised to switch accounts if potential benefits do not outweigh perceived risks and if the process does not entail an excessive administrative and financial burden. The procedure for switching payment accounts to another payment service provider should be clear and quick. The fees, if any, charged by payment service providers in relation to the switching service should be in line with the actual cost incurred by payment service providers. In order to have positive impact on competition, switching should also be facilitated at cross-border level. Given that switching cross-border could be more complex than the switching at national level and may require payment service providers to adapt and refine their internal procedures, longer deadlines for the cross- border switch should be foreseen. The need to maintain different deadlines should be evaluated in the context of the review of the proposed Directive.
Amendment 175 #
Proposal for a directive
Recital 22
Recital 22
(22) The switching process should be as straightforward as possible for the consumer. Accordingly Member States should ensure that the receiving payment service provider is responsible for initiating and managing the process on behalf of the consumer. The requirements of this Directive relating to the provision of the switching service can be complied with through law, self-regulation or voluntary agreement.
Amendment 183 #
Proposal for a directive
Recital 27
Recital 27
(27) Consumers who are legally resident in the Union, who can justify a genuine link with the Member State of the Payment Service provider, and who do not hold a payment account in a certain Member State should be in a position to open and use a payment account with basic features in that Member State. In order to ensure the widest possible access to such accounts, cConsumers should have access to them irrespective of their financial circumstances, such as unemployment or personal bankruptcy, and of their place of residence. Consumers should be required to attend in person at an office of the payment service provider in the Member State of their choosing. Member States shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer. Moreover, the right to access a payment account with basic features in any Member State should be granted in conformity with the requirements set out in Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, in particular with regard to customer due diligence procedures.
Amendment 191 #
Proposal for a directive
Recital 28
Recital 28
(28) Member States should ensure that at least one payment service provider offers a payment account with basic features to consumers. Access should not be overly difficult and should not entail excessive costs for consumers. In this respect, Member States should consider factors such as the location of the designated payment service providers in their territory. In order to minimise the risk for consumers to become financially excluded, Member States should improve financial education, including at school, and combat over- indebtedness. Furthermore, Member States should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education. The requirements of this Directive relating to the provision of basic payment accounts can be complied with through law, self-regulation or voluntary agreement.
Amendment 194 #
Proposal for a directive
Recital 29
Recital 29
(29) To exercise their right to access a basic payment account, consumers should not already hold a payment account or should have previously been denied access to a regular payment account in the same territory. When it is not possible to use electronic systems to establish whether or not a consumer already holds a payment account, payment service providers should accept a declaration by consumers as a reliable means of verifying that they do not already hold a payment account. They should justify a genuine link with the Member State of the payment service provider. In this respect, the consumer shall provide: i) a declaration of honour that can be used by Payment service providers as a reliable means of verifying that he/she does not already hold a payment account based on a purposive test which should demonstrate a clear need for a payment account with basic features, or; ii) a simple declaration of at least one financial institution in the Member States concerned which demonstrates that in the Member State concerned he/she has been refused a payment account. Non-limitative examples of a genuine link with the Member States are: nationality, place of residence, job related issues, enrolment in an institution that provides education or vocational training, family related issues, or any other factor which could constitute a link with the Member State concerned;
Amendment 202 #
Proposal for a directive
Recital 32
Recital 32
(32) The payment service provider should refuse to open or should terminate a contract for a payment account with basic features only in specific circumstances, such asfor example in case of non-compliance with the legislation on money laundering and terrorist financing or on the prevention and investigation of crimes or if the consumer hasn't been previously denied access to a payment account. Even in these cases, a refusal can only be justified where the consumer does not comply with the provisions of that legislation and not because the procedure to check compliance with the legislation is too burdensome or costly.
Amendment 208 #
Proposal for a directive
Recital 36
Recital 36
(36) In order to attain the objectives set out in this Directive, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of identifying the EU standardised terminology at EU levellist of definitions for payment services common to a number of Member States and the related definitions for these terms.
Amendment 227 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) ‘payment account with basic features’ means a current account with financial services limited to cash placements, cash withdrawals, direct debit payment transactions, direct debit card, online payments, credit transfers and standing orders;
Amendment 237 #
Proposal for a directive
Article 2 – paragraph 1 – point m
Article 2 – paragraph 1 – point m
(m) ‘switching’ means, upon a consumer's request, transferring from one payment service provider to another the information about all or some standing orders for credit transfers, recurring direct debits and recurring incoming credit transfers executed on a payment account, with or without transferring the positive account balance from one payment account to the other or closing the former account; only an account with a positive or nil balance can be subject to switching;
Amendment 241 #
Proposal for a directive
Article 2 – paragraph 1 – point r a (new)
Article 2 – paragraph 1 – point r a (new)
(ra) 'business day' means a day on which the relevant payment service provider of the payer or the payment service provider of the payee involved in the execution of a payment transaction is open for business as required for the execution of a payment transaction, as defined in Article 4 (27) of Directive 2007/64/EC;
Amendment 250 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of at least 20 payment services accounting for at least 80% of the most representative payment services subject to a fee at national level. The list shall contain terms and definitions for each of the services identified.
Amendment 268 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 24, concerning the setting out, on the basis of the provisional lists submitted pursuant to paragraph 3, of an EU standardised terminologylist for those payment services that are common to at least a majority of Member States. The EU standardised terminologylist will include common terms and definitions for the commondefinitions that thus provide explanations for the common services, used at least in a majority of the Member States. This list would make it easier for consumers to compare cross- border the same services.
Amendment 275 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. After the publication in the Official Journal of the European Union of the delegated acts referred to in paragraph 4, each Member State shall without delay integratepublish the EU standardised terminology adoptedlist pursuant to paragraph 4 into the provisional list referred to in paragraph 1 and shall publish this list.
Amendment 293 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Where one or more payment services referred to in paragraph 1 is offered as part of a package of financial services, the fee information document shall disclose which of the services referred to in paragraph 1 are included in the package, the fee for the entire package and the fee for any service that is not referred to in paragraph 1.
Amendment 297 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. It shall be clearly indicated whether the fee information document makes reference to services linked to payment accounts offered within a branch or online.
Amendment 302 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that payment service providers make available to consumers a glossary of at least the list of payment services referred to in paragraph 1 and the related definitions.
Amendment 305 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Member States shall establish an obligation for payment service providers to ensure that the glossarylist is drafted in clear, unambiguous and non-technical language.
Amendment 311 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The fee information document and the glossarystandardised list shall be made available free of charge at all times by payment service providers on a durable medium at premises accessible to consumers and shall be made available in electronic form on their websites.
Amendment 319 #
Proposal for a directive
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Payment service providers shall meet the above obligations within twelve months of the publication of the EU standardised list pursuant to Article 3 paragraph 5 and the adoption of the implementation act pursuant to paragraph 7 of this provision.
Amendment 320 #
Proposal for a directive
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7b. Consumer testing of the fee information document shall be conducted before the implementation, to ensure the consumer-friendliness.
Amendment 325 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that payment service providers provide the consumer with a statement of all fees incurred on their payment account at least annually. This statement may be forwarded to consumers through communication channels agreed among the parties (i.e. electronically, statement printer, etc.). Payment service providers shall implement the technical measures necessary to meet this obligation within twelve months of the adoption of the act pursuant to paragraph 4 of this article.
Amendment 331 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall insure that consumers are informed comprehensively and well in advance in written or electronically when a service provider intends to increase any fees before the annual statement is published.
Amendment 334 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the unit fee charged for each service, the number of times the service was used during the relevant period and the date on which the service was used, or when the consumer bought different services combined in a package the fee charged for the package of services;
Amendment 335 #
Proposal for a directive
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
(b) the total amount of fees incurred for each service provided during the relevant period, or when the consumer bought different services combined in a package the extra cost per service when exceeding the maximum amount of services included in the package and the extra cost per service used that was not included in the package;
Amendment 336 #
Proposal for a directive
Article 5 – paragraph 2 – point c
Article 5 – paragraph 2 – point c
(c) the total amount of fees incurred for all services provided during the relevant period, or when the consumer bought different services combined in a package the total amount of extra costs when exceeding the maximum amount of services included in the package and the total amount of extra costs of services used that were not included in the package.
Amendment 338 #
Proposal for a directive
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) the total amount of interest earned during the relevant period;
Amendment 341 #
Proposal for a directive
Article 5 – paragraph 2 – point c b (new)
Article 5 – paragraph 2 – point c b (new)
(cb) the number of days the account was overdrawn and the total amount of interest paid during the relevant period;
Amendment 344 #
Proposal for a directive
Article 5 – paragraph 2 – point c c (new)
Article 5 – paragraph 2 – point c c (new)
(cc) a pre-notification regarding the fees which shall be charged in the following period;
Amendment 356 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that in their contractual and commercial information, payment service providers use, where relevant, the terms and definitions contained in the list of the most representative payment services referred to in Article 3, paragraph 5. Payment service providers shall meet this obligation within twelve months of the publication of the EU standardised list.
Amendment 364 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Payment service providers may use brand names to designate their services in their contractual and commercial information, in the fee information document or the statement of fees, subject to the condition that they identify, where relevant, the corresponding termdefinition in the list referred to in Article 3, paragraph 5. Payment service providers shall not use brand names in the fee information document or the statement of fees.
Amendment 387 #
Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(ea) provide information, yet not any kind of recommendations;
Amendment 407 #
Proposal for a directive
Article 9 – title
Article 9 – title
Provision and timing of implementation of the switching service
Amendment 408 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Amendment 417 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The switching service request does not involve the switching of the contract from the transferring payment service provider to the receiving payment service provider.
Amendment 421 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
Member States shall ensure that by two years after entry into force of this Directive payment service providers provide a switching service as described in Article 10, or provide an equivalent switching services within (as a maximum) the same overall timescales as described in Article 10, to any consumer who holds a payment account with a payment service provider located in that Member State.
Amendment 422 #
Proposal for a directive
Article 9 – paragraph 1 c (new)
Article 9 – paragraph 1 c (new)
Unless the European Commission decides otherwise through a regulatory impact assessment, Member States shall ensure that by six years after the entry into force of this Directive payment service providers provide a switching service as described in article 10, or provide an equivalent switching services within (as a maximum) the same overall timescales as described in Article 10, to any consumer who holds a payment account with a payment service provider located in the Union. At the same time, Member States shall also ensure that there is a system for automated redirection of standing orders and direct debits to the account held by the consumer with the receiving payment service provider implemented.
Amendment 423 #
Proposal for a directive
Article 9 – paragraph 1 d (new)
Article 9 – paragraph 1 d (new)
Member States shall ensure that as long as there is no system of cross border switching implemented, the closing of a payment account in one Member State and the transferring of the balance to a new payment account in another Member State is not made excessively difficult or burdensome for the consumer.
Amendment 427 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the switching service is initiated by the receiving payment service provider and provided in accordance with the rules set out in paragraphs 2 to 7 and supported by all third parties involved.
Amendment 428 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The switching service shall be initiated by the receiving payment service provider upon request of the consumer. The receiving payment service provider shall request written authorisation from the consumer to perform the switching service. In case of joint accounts the authorisation must be provided by all holders having joint signature of the account. The authorisation shall be drawn up in an official language of the Member State where the switching service is being initiated or in any other language agreed between the parties. The authorisation shall allow the consumer to provide specific consent to the transferring payment service provider to perform each of the tasks indicated in paragraphs 3(e) and 3(f) and to provide specific consent to the receiving payment service provider to perform each of the tasks indicated in paragraphs 4(c), 4(d) and 5. The authorisation shall allow the consumer to specifically request the transmission by the transferring payment service provider of the information indicated in paragraphs 3(a) and 3(b). The authorisation shall also specify the date from which recurrent payments are to be operated from the account opened with the receiving payment service provider. This date shall be at least seven business days from the day the transferring payment service provider receives the request to perform the switch from the receiving payment service provider pursuant to Article 10 paragraph 6.
Amendment 436 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) transmit to the receiving payment service provider and, if specifically requested by the consumer pursuant to paragraph 2, to the consumer a list of all existing standing orders for credit transfers and debtor driven direct debit mandatesavailable direct debit mandates and credit transfers with execution date from the date specified in the authorisation;
Amendment 443 #
Proposal for a directive
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(c) transmit to the receiving payment service provider any additionalrelevant information deemed necessary by the receiving payment service provider to perform the switch;
Amendment 448 #
Proposal for a directive
Article 10 – paragraph 3 – point d
Article 10 – paragraph 3 – point d
(d) where the transferring payment service provider does not provide a system for automated redirection of the standing ordersincoming credit transfer and direct debits to the account held by the consumer with the receiving payment service provider, cancel standing ordstop incoming credit transfers and stop accepting direct debits onfrom the date specified in the authorisation;
Amendment 451 #
Proposal for a directive
Article 10 – paragraph 3 – point f
Article 10 – paragraph 3 – point f
(f) where the consumer gave specific consent pursuant to paragraph 2, close the account held with the transferring payment service provider on the date specified by the consumer or - if closure on the specified date is not possible - on the next possible date after the tasks under paragraph 3(d) and (e) have been performed, unless circumstances in need of clarification or regulation (e.g. negative balance) have arisen in respect of which the transferring payment service provider will contact the consumer.
Amendment 453 #
Proposal for a directive
Article 10 – paragraph 3 – point f a (new)
Article 10 – paragraph 3 – point f a (new)
(fa) cancel standing orders and credit transfers with execution date from the date specified in the authorisation;
Amendment 456 #
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) set up within seven calendarbusiness days the standing orders for credit transfers requesmandated by the consumer and execute them from the date specified in the authorisation and set up credit transfers with execution date from the date specified in the authorisation; the seven business days should only start to count after the payment account with the receiving payment service provider has been established or opened and the consumer has provided all necessary information to the transferring payment service provider to start the switching process;
Amendment 462 #
Proposal for a directive
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) after the payment account with the receiving payment service provider has been opened, accept direct debits from the date specified in the authorisation;
Amendment 472 #
Proposal for a directive
Article 10 – paragraph 4 – point e
Article 10 – paragraph 4 – point e
(e) where the consumer chooses to personally provide the information indicated in points (c) and (d), provide the consumer with standard letters providing details of the new account and the starting date indicated in the authorisation. The standard letter shall be drawn up in an official language of the Member State where the switching service is being initiated or in any other language agreed between the parties.
Amendment 477 #
Proposal for a directive
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) send the receiving payment service provider the information indicated in points (a), (b) and (c) of paragraph 3 within seven calendarbusiness days of receiving the request;
Amendment 479 #
Proposal for a directive
Article 10 – paragraph 6 – point b
Article 10 – paragraph 6 – point b
(b) where the transferring payment service provider does not provide a system for automated redirection of the standing ordincoming credit transfers and direct debits to the account held by the consumer with the receiving payment service provider, cancel any standing ordstop incoming credit transfers and stop accepting direct debits on the payment account onfrom the date requested by the receiving payment service provider;
Amendment 483 #
Proposal for a directive
Article 10 – paragraph 6 – point d
Article 10 – paragraph 6 – point d
(d) close the payment account after the fulfilment of the duties as per Article 10 paragraph 6(b) and (c);
Amendment 486 #
Proposal for a directive
Article 10 – paragraph 6 – point e a (new)
Article 10 – paragraph 6 – point e a (new)
(ea) the above referenced tasks are subject to a "positive" balance on the payment account;
Amendment 504 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that anythe liability incurred by payment service providers in respect of financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded by that payment service provider.
Amendment 511 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Consumers shall not bear any financial loss resulting from mistakes or delays in updating their payment account details by a payer or payee. Member States shall make sure that the payers and payees are made liable when they don't comply with the deadlines set up by Member States as stipulated in Article 10 paragraph 4a (new).
Amendment 538 #
Proposal for a directive
Article 15 – paragraph 1 – subparagraph 1 (new)
Article 15 – paragraph 1 – subparagraph 1 (new)
Member States shall ensure that when a consumer is denied a payment account on the free market, the refusal letter of the payment service provider contains a mandatory notice about the legal right to a basic payment account and the alternative dispute resolution body and its contact details.
Amendment 547 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that consumers legally resident in the Union who have previously been denied access to a regular payment account and can justify a genuine link with the Member State of the payment service provider, have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1. Such a right shall apply irrespective of the consumer's place of residence. Member States shall ens, provided that the consumer: (a) does not already hold a payment account in that Member State; (b) provides: (i) a declaration of honoure that the exercise of the right is not made excessively difficult or burdensome for the consumer. Before opening the payment account with basic features, payment service providercan be used by payment service providers as a reliable means of verifying that he/she does not already hold a payment account with basic features or; (ii) a simple declaration of at least one financial institution in the Member States concerned which demonstrates sthall verify whether the consumer holds or does not hold a payment account in their territoryt in the Member State concerned he/she has been refused a payment account.
Amendment 556 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1 (new)
Article 15 – paragraph 2 – subparagraph 1 (new)
The right to open a payment account with basic features shall apply irrespective of the consumer's place of residence. Member States shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer. Consumers also should be required to attend in person at an office of the payment service provider in the Member State of their choosing.
Amendment 573 #
Proposal for a directive
Article 15 – paragraph 3 – point b a (new)
Article 15 – paragraph 3 – point b a (new)
(ba) where the consumer cannot prove that it has previously been denied access to a "regular" payment account;
Amendment 579 #
Proposal for a directive
Article 15 – paragraph 3 – point b b (new)
Article 15 – paragraph 3 – point b b (new)
(bb) where the consumer fails to justify the genuine link as stipulated in Article 15 (2);
Amendment 582 #
Proposal for a directive
Article 15 – paragraph 3 – point b c (new)
Article 15 – paragraph 3 – point b c (new)
(bc) where the consumer provides materially false information;
Amendment 583 #
Proposal for a directive
Article 15 – paragraph 3 – point b d (new)
Article 15 – paragraph 3 – point b d (new)
(bd) where payment services providers have an objectively justified reason to suspect that a consumer will use the account for unauthorised or fraudulent purposes;
Amendment 584 #
Proposal for a directive
Article 15 – paragraph 3 – point b e (new)
Article 15 – paragraph 3 – point b e (new)
(be) where the opening of an account would result in the payment service provider breaching EU, UN or international sanctions regimes.
Amendment 596 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall ensure that a payment account with basic features in the currency of the Member State where the payment service provider is located includes the following payment services:
Amendment 600 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) services enabling all the operations required for the opening, operating and closing of a paymcurrent account;
Amendment 602 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) services enabling moneycash to be placed on a paymcurrent account;
Amendment 606 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) services enabling cash withdrawals from a current account, at the bank counter and at automated teller machines outside the bank's opening hours, within the Union from a payment account;
Amendment 614 #
Proposal for a directive
Article 16 – paragraph 1 – point d – point 2
Article 16 – paragraph 1 – point d – point 2
(2) payment transactions through a paymendirect debit card, including online payments;
Amendment 622 #
Proposal for a directive
Article 16 – paragraph 1 – point d – point 3
Article 16 – paragraph 1 – point d – point 3
(3) credit transfers and standing orders at bank terminals, at bank counters and via the current online banking system of the respective payment service provider.
Amendment 630 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member StatesThe European Commission shall determine, for all the services referred to in paragraph 1, a minimum number of operations which will be provided to the consumer for the fee, if any, referred to in Article 17. The minimum number of operations shall be reasonable and in line with the common commercial practice in the Member State concernedUnion.
Amendment 633 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Member States shall ensure that the consumer is able to manage and initiate payment transactions from the consumer's payment account with basic features via the payment service provider's bank counter and online banking facilities, where available.
Amendment 662 #
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the consumer deliberately used or abused the account for criminal activitiillegal purposes;
Amendment 677 #
Proposal for a directive
Article 18 – paragraph 2 – point d a (new)
Article 18 – paragraph 2 – point d a (new)
(da) where the consumer seriously or persistently breaks any terms of agreement;
Amendment 680 #
Proposal for a directive
Article 18 – paragraph 2 – point d b (new)
Article 18 – paragraph 2 – point d b (new)
(db) where it is not ensured that the bank will receive the customary fees agreed for the operation and use of the account;
Amendment 682 #
Proposal for a directive
Article 18 – paragraph 2 – point d c (new)
Article 18 – paragraph 2 – point d c (new)
(dc) where the consumer otherwise fails to abide by the arrangements.
Amendment 689 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination at least 2 months before the termination enters into force, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy.
Amendment 707 #
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. The pecuniary penalties shall as much as possible be quantified at European level to ensure the effective implementation of the national provisions adopted pursuant to this Directive. Member State shall ensure that administrative measures and sanctions are systematically published by the competent authorities.
Amendment 726 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The review shall also assess whether the extended deadlines established in Article 10(9) shall be maintained for a longer period of time and whether additional measures in addition to those adopted pursuant to Article 7 and 8 with respect to comparison websites and packaged offers are needed.
Amendment 728 #
Proposal for a directive
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. The review shall also assess whether the system of switching payment accounts should be extended to the switching of other accounts;
Amendment 729 #
Proposal for a directive
Article 27 – paragraph 3 b (new)
Article 27 – paragraph 3 b (new)
3b. The Commission shall present to the European Parliament and the Council, within three years of entry into force of this Directive, a regulatory impact assessment whether there is a justifiable and proportionate need within the Union for cross-border switching of payment accounts to be facilitated.
Amendment 731 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall adopt and publish, by [onetwo years after entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.