Activities of Ondřej KOVAŘÍK related to 2023/0209(COD)
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on payment services and electronic money services in the Internal Market amending Directive 98/26/EC and repealing Directives 2015/2366/EU and 2009/110/EC
Amendments (6)
Amendment 57 #
Proposal for a directive
Recital 6
Recital 6
(6) As evidenced in the review conducted by the Commission and given the evolution of the respective markets, businesses and risks attached to the activities, it is necessary to update the prudential regime for payment institutions, including those issuing electronic money and providing electronic money services, by requiring a single licence for providers of payment services and electronic money services not taking deposits. Given that Regulation (EU) 2023/1114 of the European Parliament and of the Council32 lays down in its Article 48(2) that that issuers of electronic money tokens shall be deemed to beauthorised either as a credit institution or as an electronic money institution, the licensing regime for payment institutions, as they will replace the electronic money institutions, sh could also apply to issuservice providers ofn electronic money tokens. The prudential regime applicable to payment institutions should be based on an authorisation, subject to a set of strict and comprehensive conditions, for legal persons offering payment services when not taking deposits. The prudential regime applicable to payment institutions should ensure that the same conditions apply Union-wide to the activity of providing payment services that do not fulfil the conditions laid down for the authorisation as a crypto asset service provider (CASP) in Title V of that Regulation. __________________ 32 Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (OJ L 150, 9.06.2023, p. 40).
Amendment 62 #
Proposal for a directive
Recital 16
Recital 16
(16) Regulation (EU) 2023/1114 of 31 May 2023 lays down that electronic money tokens shall be deemed to be electronic money. Electronic money tokens should therefore be treated as electronic money for the purpose of their issuance and redemption, their offering to the public and their admission to trading. Therefore, and exclusively for the purpose of these operations, electronic money tokens should therefore be included, as electronic money, in the definition of funds.
Amendment 67 #
Proposal for a directive
Recital 45 a (new)
Recital 45 a (new)
(45 a) When acquirers use an agent to deliver payment services, it should be noted that the agent only acts on behalf of one acquirer as the principal payment service provider and not in respect of all payment services provided to the payment services user.
Amendment 68 #
Proposal for a directive
Recital 45 b (new)
Recital 45 b (new)
(45 b) To take into account evolving market realities, marketplaces and platforms supported by payment service providers, that remove the latter from the control or the possession of funds for third parties, should not be considered by default agents of the payment service providers.
Amendment 91 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Payment institutions shall avoid concentration risk to safeguarded customer funds by ensuring that the same safeguarding method is not used for the totality of their safeguarded customer funds. In particular, they shall endeavour not to safeguard all consumer funds with one credit institution.
Amendment 109 #
Proposal for a directive
Article 34 – paragraph 1 – subparagraph 1 – point c a (new)
Article 34 – paragraph 1 – subparagraph 1 – point c a (new)
(c a) in the case of payment services using electronic money tokens as defined in the Regulation (EU) 2023/1114, the payment service provider has already been authorised as a crypto-asset service provider in a Member State of the European Union, in accordance with Title V of that Regulation.