15 Amendments of Evelyne GEBHARDT related to 2012/2055(INI)
Amendment 27 #
Draft opinion
Recommendation 2 – paragraph 1
Recommendation 2 – paragraph 1
Member States should ensure that every consumer legally resident in the EU is entitled to open and keep an account with any payment service provider operating on their territory. It should make no difference whether the consumer has an account in another Member State enabling him or her to make use in that Member State of the services specified in recommendation 3. This entitlement is applicable regardless of the consumer’s financial circumstances as for example the level or regularity of income, employment, credit history, level of indebtedness, individual situation regarding bankruptcy or future activity of the account.
Amendment 39 #
Draft opinion
Recommendation 2 – paragraph 2 a (new)
Recommendation 2 – paragraph 2 a (new)
Principles governing access to a basic payment account should be laid down and applied consistently throughout the Union, with a view to fostering social inclusion and social cohesion. Equitable and fair treatment of consumers, special attention to the needs of vulnerable groups, disclosure and transparency of information on benefits, risks and terms of the product and the need to invest greater efforts in financial education and awareness among consumers are just a few of these principles. The different banking practices in the EU should be taken into account when putting this into practice.
Amendment 40 #
Draft opinion
Recommendation 2 – paragraph 2 b (new)
Recommendation 2 – paragraph 2 b (new)
The wide range of reasons for reducing and refusing access to a bank account makes it imperative that a solution be found as soon as possible in all Member States in order that consumers may exercise their universal right to a bank account. The Commission should therefore immediately put forward a legislative proposal on this matter in order that the right of access to a basic payment account may be laid down in European law.
Amendment 41 #
Draft opinion
Recommendation 2 – paragraph 2 c (new)
Recommendation 2 – paragraph 2 c (new)
How this right of access to a basic payment account is to be established in the Member States should remain a matter for the Member States themselves, on account of the diversity of arrangements for the provision of financial services.
Amendment 44 #
Draft opinion
Recommendation 2 – paragraph 3
Recommendation 2 – paragraph 3
Member States should ensure that when access to a basic payment account is denied, the payment service provider informs the consumer in writing without delay, in unambiguously clear language and free of charge, of the reasons for the denial of access and draws attention to legal remedies. This right to information may be restricted by legislation where such restriction constitutes a necessary and proportionate measure to safeguard the objectives of national security or public policy. Member States should ensure consumers have the possibility to complain about a decision of refusal.
Amendment 47 #
Draft opinion
Recommendation 2 a (new)
Recommendation 2 a (new)
Recommendation 2a (legislation in the field of money laundering and terrorist financing) The right of access to a basic payment account in a Member State should be granted in accordance with the requirements of 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, with particular regard to the provisions on due diligence in respect of customers. The obligations of the payment service provider resulting from the relevant EU or Member State legislation in the field of money laundering and terrorist financing should not be affected by the legislation being called for.
Amendment 60 #
Draft opinion
Recommendation 3 – paragraph 3 a (new)
Recommendation 3 – paragraph 3 a (new)
If a payment institution charges the consumer for opening, operating or closing a basic payment account or using one, several or all of the services listed in Recommendation 3, the amount charged should be financially bearable and reasonable for the consumer.
Amendment 64 #
Draft opinion
Recommendation 3 – paragraph 5
Recommendation 3 – paragraph 5
Many basic payment accounts are nowadays exclusively internet based, a fact which makes them ideal for e-commerce but also excludes part of the population, especially those who have no Internet access or older people. Given that consumers in these categories could be placed at a disadvantage, the aim should be to make the projected basic payment account user friendly, simple, and secure. and to ensure that it can be operated both via the Internet or by using a mobile phone or any other available means of communication and in ordinary bank branches.
Amendment 65 #
Draft opinion
Recommendation 3 – paragraph 5 a (new)
Recommendation 3 – paragraph 5 a (new)
All kinds of discrimination as a result of using a basic payment account must be avoided.
Amendment 77 #
Draft opinion
Recommendation 3 – paragraph 11
Recommendation 3 – paragraph 11
Payment service providers should be obliged to provide information to consumers in writing on the basic payment accounts that they offer and any costs and conditions which apply to their use. Consumers should also be told that there is no obligation to use additional services in order to have access to a basic payment account. The costs of the services should be set out in a clear, comparable way, with no small print or hidden costs.
Amendment 79 #
Draft opinion
Recommendation 3 – paragraph 12 a (new)
Recommendation 3 – paragraph 12 a (new)
Making cash withdrawals from ATMs should as far as possible not incur a fee, irrespective of the bank which owns the machine.
Amendment 82 #
Draft opinion
Recommendation 4 – paragraph 1 a (new)
Recommendation 4 – paragraph 1 a (new)
Accessible, affordable, independent, fair, accountable, useful and efficient ADR and redress schemes must be made available to consumers.
Amendment 83 #
Draft opinion
Recommendation 4 – paragraph 1 b (new)
Recommendation 4 – paragraph 1 b (new)
Transparency, information requirements and awareness-raising must reach wider than product conditions and ADR and redress options. A comprehensive consumer protection information scheme in the field of retail financial and banking services should also include product monitoring and a warning system against harmful products. The supervisory authorities should play an active role in making sure consumers have constant access to updated and full information about the accounts they have contracted or might contract.
Amendment 84 #
Draft opinion
Recommendation 4 – paragraph 1 c (new)
Recommendation 4 – paragraph 1 c (new)
Bodies at Member State level tasked with monitoring compliance with the legislation in this area should draw up best-practice procedures for banking institutions and promote these throughout their territory. The Commission should also be informed of developments in this area. Commission initiatives such as Europe Direct or SOLVIT and national institutions such as financial ombudsmen and consumer organisations which receive complaints from citizens about access to banking services should also inform the Commission of their findings and conclusions, as these reflect the problems encountered by ordinary citizens and consumers.
Amendment 85 #
Draft opinion
Recommendation 4 – paragraph 1 d (new)
Recommendation 4 – paragraph 1 d (new)
The relevant national authorities should investigate instances of best practice and take steps against any action by banking institutions which infringes the right of consumers to have a basic payment account.