BETA

Activities of Jürgen KLUTE related to 2013/0265(COD)

Shadow reports (1)

2016/11/22
Committee: ECON
Dossiers: 2013/0265(COD)
Documents: PDF(385 KB) DOC(502 KB)

Amendments (20)

Proposal for a regulation
Recital 17

(17) For domestic transactions, a transition period ismay be necessary to provide payment services providers and schemes with time to adapt to the new requirements. Therefore, after a ~~two year~~six months period following the entry into force of this Regulation and in order to provide for a completion of an internal market for card- based payments, the caps on interchange fees for consumer card transactions should be extended to cover all, cross-border and domestic payments.

2014/01/28
Committee: ECON

Proposal for a regulation
Recital 18

(18) In order to facilitate cross border acquiring all (cross-border and domestic) ‘consumer’ debit card transactions and card based payment transaction should ~~have a maximum~~not apply any interchange fee ~~of 0,20%~~ and all (cross- border and domestic) consumer credit card transactions and card based payment transactions based on those should have a maximum interchange fee of 0.320%.

2014/01/28
Committee: ECON

Proposal for a regulation
Recital 22

(22) Payment card transactions are generally carried out on the basis of two main business models, so-called three party payment card schemes (cardholder – acquiring and issuing scheme - merchant) and four party payment card schemes (card holder- issuing bank- acquiring bank- merchant). Many four payment card party schemes are using an explicit interchange fee, mostly multilateral. Interchange fees (fees paid by acquiring banks to incentivise card issuing and card use) are implicit in three party payment card schemes. To acknowledge the existence of implicit interchange fees and contribute to the creation of a level playing field, three party payment card schemes using payment service providers as issuers or acquirers should be considered as four party payment card schemes and should follow the same rules, whilst transparency and other measures related to business rules should apply to all providers.deleted

2014/01/28
Committee: ECON

Proposal for a regulation
Article 1 – paragraph 3 – introductory part

3. Unless Member States establish otherwise, Chapter II does not apply to the following:

2014/01/28
Committee: ECON

Proposal for a regulation
Article 1 – paragraph 3 – point c

~~(c) transactions with cards issued by three party payment card schemes.~~deleted

2014/01/28
Committee: ECON

Proposal for a regulation
Article 1 – paragraph 4

~~4. Article 7 does not apply to three party payment card schemes.~~deleted

2014/01/28
Committee: ECON

Proposal for a regulation
Article 2 – paragraph 1 – point 13

(13) ‘payment ~~card~~ scheme’ means a single set of rules, practices, standards and/or implementation guidelines for the execution of payment transactions across the Union and within Member States, and which is separated from any infrastructure or payment system that supports its operation;

2014/01/28
Committee: ECON

Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)

(25a) 'Account servicing payment service provider' means a payment service provider providing and maintaining payment accounts for a payer.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 2 – paragraph 1 – point 25 b (new)

(25b) 'Debit card payment scheme with minimum European geographical coverage' means a payment scheme for debit cards with a geographical coverage (i.e. effective acceptance) in at least four Member States.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 3 – paragraph 1

1. With effect from two months after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border debit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect ~~of more than 0,2 % of the value of the transaction~~.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 3 – paragraph 2

2. With effect from two months after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border credit card transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,32 % of the value of the transaction.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 1

1. With effect from ~~two year~~six months after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect ~~of more than 0,2 % of the value of the transaction for any debit card based transactions~~.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 2

2. With effect from ~~two year~~six months after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,32 % of the value of the transaction for any credit card based transactions.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 5 – paragraph 1

For the purposes of the application of the caps referred to in Article 3 and Article 4, any net compensation received by an issuing bank from a payment ~~card~~ scheme in relation to payment transactions or related activities shall be treated as part of the interchange fee.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 5 – paragraph 1 a (new)

Competent authorities shall prevent any attempts by the payment service providers to circumvent the rules established by this Regulation, including non-EU issuance of payment cards.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 8 – paragraph 1 a (new)

1a. Any debit card issued by an account servicing payment service provider must be co-badged and contain at least two debit card payment schemes with minimum European geographical coverage. The account servicing payment service provider is obliged to add on the issued debit card at least one debit card payment scheme with minimum European geographical coverage requested by the cardholder, without any discrimination between the available schemes, and also open its ATM network to this debit card payment scheme with minimum European geographical coverage selected by the cardholder.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 8 – paragraph 5

5. Where a payment device offers the choice between different brands of payment instruments, the payer shall be allowed to determine the brand applied to the payment transaction at issue ~~shall be determined by the payer~~ at the point of sale.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 14 – paragraph 1

1. Member States shall lay down rules on the sanctions applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are applied. ~~Such~~The European Banking Authority shall issue guidelines to ensure that sanctions ~~shall b~~are effective, proportionate and dissuasive.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 15 – paragraph 1

1. Member States shall establish adequate and effective out-of-court complaint and redress procedures for the settlement of disputes arising under this Regulation between payees and their payment service providers. For those purposes, Member States shall designate existing bodies, where appropriate, or establish new bodies. Payment service providers shall be required to adhere to at least one alternative dispute resolution body.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 16 – paragraph 1

~~Four~~Three years after the entry into force of this Regulation, the Commission shall present to the European Parliament and to the Council a report on the application of this Regulation. The Commission's report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges, taking into account the use and cost of the various means of payments and the level of entry of new players and new technology on the market.

2014/01/28
Committee: ECON