Activities of Jürgen KLUTE related to 2013/0264(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on payment services in the internal market and amending Directives 2002/65/EC, 2013/36/EU and 2009/110/EC and repealing Directive 2007/64/EC PDF (661 KB) DOC (792 KB)
Amendments (36)
Amendment 225 #
Proposal for a directive
Article 3 – paragraph 1 – point g – point vi
Article 3 – paragraph 1 – point g – point vi
Amendment 315 #
Proposal for a directive
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Where the payment service provider may impose charges for information in accordance with paragraph 2, they shall be appropriatreasonable and in line with the payment service provider’s actual costs.
Amendment 317 #
Proposal for a directive
Article 33 – paragraph 3 a (new)
Article 33 – paragraph 3 a (new)
3a. Member States shall ensure that consumers, who switch their payment account, receive upon request and for a reasonable fee from the transferring payment service provider the transactions carried out on the former payment account recorded on a durable medium.
Amendment 339 #
Proposal for a directive
Article 48 – paragraph 2
Article 48 – paragraph 2
2. Termination of a framework contract concluded for a fixed period exceeding 12 months or for an indefinite period shall be free of charge for the payment service user after the expiry of 12 months. In all other cases charges for the termination shall be appropriate and in line with costs.
Amendment 342 #
Proposal for a directive
Article 50 – paragraph 2
Article 50 – paragraph 2
2. A framework contract mayshall include a condition that the information referred to in paragraph 1 is to be provided or made available periodically at least once a month, free of charge and in an agreed manner which allows the payer to store and reproduce information unchanged.
Amendment 345 #
Proposal for a directive
Article 51 – paragraph 1 – point a
Article 51 – paragraph 1 – point a
(a) the reference enabling the payee to identify the payment transaction and, where appropriate, the payer, and any information transferred with the payment transaction;
Amendment 349 #
Proposal for a directive
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where, for the use of a given payment instrument, the payee requests a charge or offers a reduction, the payee shall inform the payer thereof prior to the initiation of the payment transaction.
Amendment 352 #
Proposal for a directive
Article 53 – paragraph 2
Article 53 – paragraph 2
Amendment 354 #
Proposal for a directive
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
2a. Where a payment service provider is entitled to pass on third party costs to the payer, the payer is not obliged to pay for them unless their full amount was made known prior to the initiation of the payment transaction.
Amendment 358 #
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
1. The payment service provider may not charge the payment service user for fulfilment of its information obligations or corrective and preventive measures under this Title, unless otherwise specified in Articles 70(1), 71(5) and 79(2). Those charges shall be agreed between the payment service user and the payment service provider and shall be appropriate and in line with the payment service provider’s actual costs. Upon request the actual costs have to be substantiated by the payment service provider.
Amendment 362 #
Proposal for a directive
Article 55 – paragraph 2 a (new)
Article 55 – paragraph 2 a (new)
2a. If a payment transaction involves a currency conversion into another EU currency, Member States shall require that the payee pays the charges levied by his payment service provider, and the payer pays the charges levied by his payment service provider and the necessary charges for currency conversion. If the payer issues a payment order in the target currency the receiving payment service provider shall be required in accordance to Art. 72 to credit the full amount of payment to the payee or indicate charges separately.
Amendment 364 #
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The payee shall not be authorised to request from the payer a charge for using any means of payment. The payment service provider shall not prevent the payee from requesting from the payer a charge, offering himoffering the payer a reduction or otherwise steering him towards the use of a given payment instrument. Any charges applied shall, however, not exceed the costs borne by the payee for the use the specific payment instrument provided it does not result in a reverse surcharge.
Amendment 371 #
Proposal for a directive
Article 55 – paragraph 4
Article 55 – paragraph 4
Amendment 410 #
Proposal for a directive
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. Member States shall ensure that the personalised security features, used by the payment service user to access his online banking application, are not used to initiate payment orders through third party payment service providers. The account servicing payment service provider shall provide the payment service user with different personalised security features to be exclusively used for payment transactions initiated through third party payment service providers.
Amendment 450 #
Proposal for a directive
Article 64 – paragraph 2
Article 64 – paragraph 2
2. Where a payment service user denies having authorised an executed payment transaction, the use of a payment instrument recorded by the payment service provider, including the third party payment service provider as appropriate, shall in itself not necessarily be sufficient to prove either that the payment transaction was authorised by the payer or that the payer acted fraudulently or failed with intent or gross negligence to fulfil one or more of the obligations under Article 61. In such a case mere assumptions without further supporting evidence beyond the recorded use of the payment instrument shall not be considered eligible proof against the payment user.
Amendment 456 #
Proposal for a directive
Article 65 – paragraph 1
Article 65 – paragraph 1
1. Member States shall ensure that, wWithout prejudice to Article 63, in the case of an unauthorised payment transaction, the payer's payment service provider refunds to the payer immediately the amount of the unauthorised payment transaction on the same day it has been made aware of the transaction, and, where applicable, restores the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place. This shall also ensure that the credit value date for the payer's payment account shall be no later than the date the amount had been debited.
Amendment 465 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1
Article 66 – paragraph 1 – subparagraph 1
By way of derogation from Article 65 the payer may be obliged to bear the losses relating to any unauthorised payment transactions, up to a maximum of EUR 50, resulting from the use of a lost or stolen payment instrument or from the misappropriation of a payment instrument. This will not apply if the loss, theft or misappropriation of a payment instrument was not detectable to the payer prior to the enactment of a payment.
Amendment 473 #
Proposal for a directive
Article 66 – paragraph 2 a (new)
Article 66 – paragraph 2 a (new)
2a. The payer shall not bear any financial consequences resulting from use of a lost, stolen or misappropriated payment instrument if the resulting unauthorised payment was made possible by a method or a security breach, that had already been known and documented for more than two years and the payment service provider failed to enhance security schemes to effectively block further attacks of that kind, except where the payer himself has acted fraudulently.
Amendment 475 #
Proposal for a directive
Article 66 – paragraph 2 b (new)
Article 66 – paragraph 2 b (new)
2b. In cases where the payer has neither acted fraudulently nor with intent failed to fulfil his obligations under Article 61, Member States may reduce the liability referred to in paragraphs 1 and 2 of this Article, taking into account, in particular, the nature of the personalised security features of the payment instrument and the circumstances under which it was lost, stolen or misappropriated.
Amendment 477 #
Proposal for a directive
Article 66 a (new)
Article 66 a (new)
Article 66 a Payment transactions where the transaction amount is not known in advance 1. For payment transactions, where the transaction amount is not known at the moment of the purchase, Member States shall set the maximum amount of funds which may be blocked on the payer's payment account and maximum time limits for which the funds may be blocked by the payee. 2. The payee shall be required to inform the payer prior to the transaction if funds exceeding the amount of the purchase would be blocked on the payer's payment account. 3. If funds exceeding the amount of the purchase have been blocked on the payer's payment account, this information shall be provided to the payer by his payment services provider in the account statement.
Amendment 479 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 – introductory part
Article 67 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that a payer is entitled to a refund from the payment service provider of an authorised payment transaction initiated by or through a payee which has already been executed, if the following conditions are met:.
Amendment 482 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 – point a
Article 67 – paragraph 1 – subparagraph 1 – point a
Amendment 485 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 – point b
Article 67 – paragraph 1 – subparagraph 1 – point b
Amendment 488 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 2
Article 67 – paragraph 1 – subparagraph 2
Amendment 491 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 3
Article 67 – paragraph 1 – subparagraph 3
Amendment 498 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 4
Article 67 – paragraph 1 – subparagraph 4
For direct debits the payer has an unconditional right for refund within the time limits set in Article 68, except where the payee has already fulfilled the contractual obligations and the services have already been received or the goods have already been consumed by the payer. At the payment service provider's request, the payee shall bear the burden to prove that the conditions referred to in the third subparagraph.
Amendment 500 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 4 a (new)
Article 67 – paragraph 1 – subparagraph 4 a (new)
The refund shall consist of the full amount of the executed payment transaction. This includes that the credit value date for the payer's payment account is no later than the date the amount had been debited. Executing a refund of a payment itself shall not alter the underlying legal claim of the payee.
Amendment 504 #
Proposal for a directive
Article 68 – paragraph 2 – subparagraph 1
Article 68 – paragraph 2 – subparagraph 1
Amendment 505 #
Proposal for a directive
Article 68 – paragraph 2 – subparagraph 2
Article 68 – paragraph 2 – subparagraph 2
Amendment 508 #
Proposal for a directive
Article 69 – paragraph 1
Article 69 – paragraph 1
1. Member States shall ensure that the point in time of receipt is the time when the payment order initiated directly by the payer or on his behalf by a third party payment service provider or indirectly by or through a payee is received by the payer's payment service provider. The point in time of receipt cannot be later than the point in time of debiting the payer's account. If the point in time of receipt is not on a business day for the payer's payment service provider, the payment order shall be deemed to have been received on the following business day. The payment service provider may establish a cut-off time near the end of a business day beyond which any payment order received shall be deemed to have been received on the following business day.
Amendment 518 #
Proposal for a directive
Article 79 – paragraph 5 a (new)
Article 79 – paragraph 5 a (new)
5a. Member States shall ensure that in case an attempt to recover the funds in accordance to paragraph 3 fails, the payment service provider of the wrongly addressed payee is obliged to provide all necessary information to the payer in order to contact the recipient of the funds and if necessary file a legal claim to re- collect them.
Amendment 545 #
Proposal for a directive
Article 85 – paragraph 4 a (new)
Article 85 – paragraph 4 a (new)
4a. Member States shall ensure that payment service providers regularly provide data on fraud related to different means of payment to national competent authorities and to EBA.
Amendment 569 #
Proposal for a directive
Article 89 – paragraph 3
Article 89 – paragraph 3
3. In the event of infringement or suspected infringement of the provisions of national law adopted pursuant to Titles III and IV, the competent authorities referred to in paragraph 1 of this Article shall be those of the homest Member State of the payment service provider, except for agents and branches conducted under the right of establishment where the competent authorities shall be those of the host Member State.
Amendment 574 #
Proposal for a directive
Article 91 – paragraph 1
Article 91 – paragraph 1
1. Member States shall ensure that adequate, independent and effective out- of-court complaint and redress procedures for the settlement of disputes between payment service users and payment service providers concerning the rights and obligations arising under this Directive are established according to the relevant national and Union legislation, using existing bodies where appropriate. Member States shall ensure that such procedures are applicable to payment service providers and that they also cover the activities of appointed representatives.
Amendment 576 #
Proposal for a directive
Article 91 – paragraph 1 a (new)
Article 91 – paragraph 1 a (new)
1a. Member States shall ensure that payment service providers adhere to one or more ADR bodies.
Amendment 582 #
Proposal for a directive
Article 94 – paragraph 5
Article 94 – paragraph 5
5. A delegated act adopted pursuant to Article 93 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of twohree months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.