Activities of Preslav BORISSOV related to 2013/0139(COD)
Shadow opinions (1)
OPINION 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
Amendments (31)
Amendment 72 #
Proposal for a directive
Recital 21
Recital 21
(21) Consumers are only incentivised to switch accounts 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 79 #
Proposal for a directive
Recital 28
Recital 28
(28) Member States should ensure that at least onell 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.
Amendment 82 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down rules concerning the transparency and comparability of fees charged to consumers on their payment accounts held within the European Union and provided by payment service providers located in the Union and rules concerning the switching of payment accounts within the Uniona Member State.
Amendment 84 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) 'services linked to the payment account' mean all services linked to a payment account, including payment services;
Amendment 88 #
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 null balance can be subject to switching;
Amendment 89 #
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 concerned payment service providers are open for business as required for the execution of the respective tasks set out in this Directive.
Amendment 90 #
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 servicesservices linked to the payment account representing 80% of the most representative services linked to the payment account subject to a fee at national level. The list shall contain terms and definitions for each of the services identified. A single name shall apply to each service.
Amendment 93 #
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 terminology for those payment services linked to the payment account that are common to at least a majority of Member States. The EU standardised terminology will include common terms and definitions for the common services, providing a single name for each service.
Amendment 95 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Where one or more payment services linked to the payment account 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 100 #
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 and upon request. This statement may be communicated to consumers electronically or on paper as agreed between parties.
Amendment 104 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) the unit fee charged for each service, or in case of a package, the fee for the entire package considering it as a single service, the number of times the service was used during the relevant period and the date on which the service was used;
Amendment 105 #
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 or packages of services provided during the relevant period;
Amendment 106 #
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 or packages of services provided during the relevant period.
Amendment 107 #
Proposal for a directive
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) the number of days the account was overdrawn, the interest rates applied and the total amount of interest paid during the relevant period;
Amendment 108 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. Member States shall make sure that consumers are warned in advance when a payment service provider intends to increase any fees before the annual statement is published.
Amendment 109 #
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 linked to the payment account referred to in Article 3, paragraph 5.
Amendment 115 #
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) provide up-to-date accurate and user- friendly information;
Amendment 122 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
The provisions related to the switching as laid down in Chapter III apply only to the switching of payment accounts within a Member State. Each Member States shall ensure that payment service providers provide a switching service as described in Article 10 to any consumer who holds a payment account with a payment service provider located ion the Unionits territory.
Amendment 125 #
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Within onthree business days from the receipt of the authorisation referred to in paragraph 2, the receiving payment service provider shall request the transferring payment service provider to carry out the following tasks:
Amendment 128 #
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 130 #
Proposal for a directive
Article 10 – paragraph 9
Article 10 – paragraph 9
Amendment 133 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that no fees, if any, are applied by the transferring payment service provider to the consumer for the termination of the payment account held with it are determined in accordance with Article 45(2) of Directive 2007/64/EC.
Amendment 134 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that no fees, if any, are applied by the transferring or the receiving payment service provider to the consumer for any service provided under Article 10, other than those referred to in paragraphs 1 to 3, shall be appropriate and in line with the actual costs of that payment service provider.
Amendment 135 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that any 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 as soon as possible by that payment service provider.
Amendment 140 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least onell payment service providers in their territory offers a payment account with basic features to consumers. Member States shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities.
Amendment 144 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that consumers legally resident in the Union 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 ensure 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 providers shall verify whether the consumer holds or does not hold a payment account in their territory.
Amendment 148 #
Proposal for a directive
Article 15 – paragraph 3 – point b a (new)
Article 15 – paragraph 3 – point b a (new)
(ba) where criminal offences, such as fraud, have been identified.
Amendment 151 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall ensure that, in the cases indicated in paragraph 3, the payment service provider immediately informs the consumer of the refusal and the reason of the refusal, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy.
Amendment 155 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or for a reasonablenominal fee.
Amendment 161 #
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) there has been no transaction on the account for more than 124 consecutive months;
Amendment 165 #
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Member States shall support initiatives in educational establishments and consultation services to improve financial education in order to combat over-indebtedness and minimise the risk of financial exclusion for all consumers. Payment service providers which offer to consumers guidance and assistance in the responsible management of their finances shall be encouraged.