23 Amendments of Markus FERBER related to 2023/0210(COD)
Amendment 167 #
Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 2 – introductory part
Article 2 – paragraph 2 – point k – paragraph 2 – introductory part
provided that the value of any single payment transaction does not exceed EUR 560 and:
Amendment 171 #
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
(m) payment transactions and related services between a parent undertaking and its subsidiary or between subsidiaries of the same parent undertaking, without any intermediary intervention by a payment service provider other than an undertaking belonging to the same group, andincluding the collection of funds as well as the collexecution of payment orders on behalf of a group by a parent undertaking or its subsidiary for onward transmission to a payment service provider.
Amendment 284 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Account servicing payment service providers shall ensure that, except for emergency situations which prevent them from doing so, any change to the technical specifications of their dedicated interface referred to in paragraph 1 is made available to authorised payment initiation service providers, account information service providers, or payment service providers that have applied to their competent authorities for the relevant authorisation, in advance, as soon as possible and not less than 3 monthsix weeks before the change is implemented. Account servicing payment service providers shall document emergency situations where changes were implemented without such advance information and make the documentation available to competent authorities on request.
Amendment 308 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. In case of unavailability of the dedicated interface, account servicing payment service providers shall inform payment service providers making use of the dedicated interface of measures taken to restore the interface and of the time estimated necessary for the problem to be resolved. During the period of unavailability, account servicing payment service providers shall offer to account information and payment initiation service providers without undue delay an effective alternative solution, such as the use of the interface that the account servicing payment service provider uses for authentication and communication with its users, to access payment account data.
Amendment 322 #
Proposal for a regulation
Article 43 – paragraph 4 – point b – point i
Article 43 – paragraph 4 – point b – point i
(i) the purpose of the permission granted by the payment service user, in a clear and comprehensible manner for the user;
Amendment 341 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. A payment transaction or a series of payment transactions shall be authorised only if the payer has given its permissionconsent for the execution of the payment transaction. A payment transaction may be authorised by the payer prior to or, if agreed between the payer and the account servicing payment service provider, after the execution of the payment transaction. (This amendment should apply throughout the text.)
Amendment 374 #
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. Without prejudice to Article 54, in the case of an unauthorised payment transaction, the payer’s payment service provider shall refund the payer the amount of the unauthorised payment transaction immediately, and in any event no later than by the end of the following business day, after noting or being notified of the unauthorised transaction, except where the payer’s payment service provider has reasonable grounds for suspecting gross negligence or fraud committed by the payer and communicates those grounds to the relevant national authority in writing.
Amendment 375 #
Proposal for a regulation
Article 56 – paragraph 2 – introductory part
Article 56 – paragraph 2 – introductory part
2. Where the payer’s payment service provider had reasonable grounds for suspecting gross negligence or fraud committed by the payer, the payer’s payment service provider shall, within 105 business days after noting or being notified of the transaction, do either of the following:
Amendment 377 #
Proposal for a regulation
Article 56 – paragraph 2 – point a
Article 56 – paragraph 2 – point a
(a) refund the payer the amount of the unauthorised payment transaction if the payer’s payment service provider has concluded, after further investigation, that no gross negligence or fraud has been committed by the payer;
Amendment 382 #
Proposal for a regulation
Article 57 – paragraph 2 – introductory part
Article 57 – paragraph 2 – introductory part
2. Within 105 business days after noting or being notified of a credit transfer transaction executed in the circumstances referred to in paragraph 1, the payment service provider shall do either of the following:
Amendment 386 #
Proposal for a regulation
Article 57 – paragraph 5
Article 57 – paragraph 5
5. Paragraphs 1 to 4 shall not apply if the payer has acted fraudulently or grossly negligent or if the payer opted out from receiving the verification service in accordance with Article 50(4).
Amendment 438 #
Proposal for a regulation
Article 65 – paragraph 2 a (new)
Article 65 – paragraph 2 a (new)
2 a. Without prejudice to paragraph 1, where the transaction monitoring mechanisms according to Article 83(1) provide reasonable grounds to suspect a fraudulent payment transaction, the payer’s account servicing payment service provider may refuse to execute the payment transaction.
Amendment 440 #
Proposal for a regulation
Article 69 – paragraph 2 a (new)
Article 69 – paragraph 2 a (new)
2 a. Where the transaction monitoring mechanisms according to Article 83(1) provide reasonable grounds to suspect a fraudulent payment transaction, the payee’s payment service provider may refuse to make the funds immediately available to the payee’s payment account. The payee’s payment service provider shall, as appropriate and without undue delay, seek clarification on the suspected fraud payment transaction and, depending on that outcome, either make the funds available or return them to the payer’s account servicing payment service provider.
Amendment 441 #
Proposal for a regulation
Article 69 – paragraph 3
Article 69 – paragraph 3
3. The payee’s payment service provider shall transmit a payment order placed by or through the payee to the payer’s payment service provider within the time limits agreed between the payee and the payment service provider, enabling settlement, as far as direct debit is concerned, on the agreed due date. Paragraph [2a new] applies accordingly.
Amendment 494 #
Proposal for a regulation
Article 84 – paragraph 2
Article 84 – paragraph 2
2. Payment service providers shall organize at least annually training programmes on payment fraud risks and trends for their employees active in designing and maintaining payment services and offering them to customers and shall ensure that their employees are adequately trained to carry out their tasks and responsibilities in accordance with the relevant security policies and procedures to mitigate and manage payment fraud risks.
Amendment 513 #
Proposal for a regulation
Article 85 – paragraph 12
Article 85 – paragraph 12
Amendment 523 #
Proposal for a regulation
Article 86 – paragraph 4
Article 86 – paragraph 4
Amendment 533 #
Proposal for a regulation
Article 88 – paragraph 2
Article 88 – paragraph 2
2. Payment services providers shall not make the performance of strong customer authentication dependant on the exclusive use of a single means of authentication and shall not make the performance of strong customer authentication depend, explicitly or implicitly, on the possession of a smartphone. Payment services providers shall develop a diversity ofmore than one means for the application of strong customer authentication to cater for the specific situation of all their customers.
Amendment 537 #
Proposal for a regulation
Article 89 – paragraph 1 – subparagraph 1 – point d
Article 89 – paragraph 1 – subparagraph 1 – point d
(d) the requirements applicable, in accordance with Article 87, to the outsourcing agreements between the payers’ payments service providers and technical service providers concerning the provision and verification of the elements of strong customer authentication by technical service providers;. When doing so, the EBA shall take into account its existing guidelines on outsourcing arrangements 1a; __________________ 1a EBA/GL/2019/02
Amendment 550 #
Proposal for a regulation
Article 97 – paragraph 2 – point a – point i
Article 97 – paragraph 2 – point a – point i
(i) in the case of a legal person, a maximum administrative fine of at least 105% of its total annual turnover as defined under paragraph 3;
Amendment 551 #
Proposal for a regulation
Article 97 – paragraph 2 – point a – point ii
Article 97 – paragraph 2 – point a – point ii
(ii) in the case of a natural person, a maximum administrative fine of at least EUR 5 000 000, or in the Member States whose currency is not the euro, the corresponding value in the national currency on the date of entry into force of this Regulation;
Amendment 563 #
Proposal for a regulation
Article 112 – paragraph 2
Article 112 – paragraph 2
It shall apply from [ OP please insert the date= 1824 months after the date of entry into force of this Regulation].
Amendment 567 #
Proposal for a regulation
Article 112 – paragraph 3
Article 112 – paragraph 3
However, Articles 50 and 57 shall apply from [ OP please insert the date= 2430 months after the date of entry into force of this Regulation].