Activities of Werner LANGEN related to 2013/0139(COD)
Plenary speeches (1)
Payment accounts (debate)
Shadow reports (1)
REPORT 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 PDF (585 KB) DOC (462 KB)
Amendments (57)
Amendment 121 #
Proposal for a directive
Recital 4
Recital 4
(4) The current conditions of the Single Market may deter payments services providers from exercising their freedom to establish or to provide services within the Union because of the difficulty in attracting customers when entering a new market. Entering new markets often entails large investments. Such investments are only justified if the provider foresees sufficient opportunities and a corresponding demand from consumers. The low level of mobility of consumers in some Member States with respect to retail financial services is to a large extent due to the lack of transparency and comparability as regards the fees and services on offer, as well as difficulties in relation to the switching of payment accounts. These factors also stifle demand. This is particularly true in the cross-border context.
Amendment 126 #
Proposal for a directive
Recital 6
Recital 6
(6) Moreover, since some prospective customers do not open accounts, either because they are denied them or, because they are not offered adequate products or because, for cultural reasons, they have a preference for cash, the potential demand for payment account services in the EU is currently not fully exploited. Wider consumer participation in the internal market would further incentivise payment service providers to enter new markets. Also, creating the conditions to allow all consumers to access a payment account is a necessary means to foster their participation in the internal market and to allow them to reap the benefits the Single Market has brought about.
Amendment 128 #
Proposal for a directive
Recital 7
Recital 7
(7) Transparency and comparability of fees have been addressed in a self-regulatory initiative, initiated by the banking industry. However, no final agreement was found on these guidelines. As regards switching, the common principles established in 2008 by the European Banking Industry Committee provide a model mechanism for switching between bank accounts offered by payment service providers located in the same Member State. However, given their non- binding nature, these principles have been applied in an inconsistent manner throughout the EU and with ineffective results. Moreover, the Common Principles only address bank account switching at national level and do not address cross- border switching. Finally, as regards access to a basic payment account, the Commission Recommendation 2011/442/EU of 18 July 2011 invited Member States to take the necessary measures to ensure its application at the latest six months after its publication. To date, only few Member States comply with the main principles of the Recommendation.
Amendment 136 #
Proposal for a directive
Recital 11
Recital 11
(11) It is vital for consumers to be able to understand fees so that they can compare offers from different payment service providers and make informed decisions as to which account is most suitable for their needs. In this context, the associated range of services and the quality of what is on offer also play an essential role, which should not be disregarded when comparing fees. Comparison between fees cannot be achieved where payment service providers use different terminology for the same payment services and provide information in different formats. Standardised terminology, coupled with targeted fee information for the most representative payment services in a consistent format, can help consumers to both understand and compare fees.
Amendment 147 #
Proposal for a directive
Recital 14
Recital 14
(14) Once national competent authorities have determined a provisional list of the most representative services subject to a fee at national level together with terms and definitions, the Commission shouldmay review them to identify, by means of delegated acts, the, make recommendations as to which services that are common to the majority of Member States and propose standardised EU level terms and definitions for them.
Amendment 160 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to ensure the consistent use of applicable EU level terminology across the Union, Member States should establish an obligation for payment service providers to use the applicable EU level terminology together with the remaining national standardised terminology identified in the provisional list when communicating with consumers, including in the fee information document and the statement of fees. Except for iIn the fee information document and statement of fees, payment service providers may in addition also use brand names to denote services.
Amendment 169 #
Proposal for a directive
Recital 20
Recital 20
(20) It is current practice for payment service providers to offer a payment account in a package with other financial products or services. This practice can be a means for payment service providers to diversify their offer and to compete against each other, and in the end it can be beneficial for consumers. However the Commission study on tying practices in the financial sector conducted in 2009 as well as relevant consultations and consumer complaints have showed that payment service providers may offer bank accounts packaged with products not requested by consumers and which are not essential for payment accounts, such as household insurance. Moreover, it has been observed that these practices may reduce transparency and comparability of prices, limit purchasing options for consumers and negatively impact upon their mobility. Therefore, Member States should ensure that when payment service providers offer packaged payment accounts consumers are provided with information on the applicable fees for the payment account and for each other financial service included in the package separately. These obligations should not apply to services which are naturally connected to the use of the payment account, such as withdrawals, wire transfers or payment cards. As a result, these services and the acquisition of membership of a cooperative in accordance with statutes should be excluded from the scope of this individual provision.
Amendment 177 #
Proposal for a directive
Recital 24
Recital 24
(24) The co-operation of the transferring payment service provider is necessary for the switch to be successful. The receiving payment service provider should be provided by the transferring payment service provider with all the information it considers necessary to reinstate the recurrent payments on the new payment account, which should be supplied in accordance with existing data protection requirements. However, such information should not exceed what is necessary to carry out the switch and the receiving payment service provider should not ask for superfluous information.
Amendment 185 #
Proposal for a directive
Recital 27
Recital 27
(27) Consumers who are legally resident in the Union and who do not hold a payment account in a certain Member Statethe Union should be in a position to open and use a payment account with basic features in thate Member State with which they have a connection. In order to ensure the widest possible access to such accounts, consumers should have access to them irrespective of their financial circumstances, such as unemployment or personal bankruptcy, and of their place of residence. Moreover, the right to access a payment account with basic features in any Member State should be granted in conformity with the requirements set out in 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, in particular with regard to customer due diligence procedures.
Amendment 197 #
Proposal for a directive
Recital 29
Recital 29
(29) To exercise their right to access a basic payment account, consumers should not already hold a payment account in the same territoryEU. When it is not possible to use electronic systems to establish whether or not a consumer already holds a payment account, payment service providers should accept a declaration by consumers as a reliable means of verifying that they do not already hold a payment account.
Amendment 206 #
Proposal for a directive
Recital 36
Recital 36
Amendment 218 #
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 254 #
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 20list of those payment services accounting for at least 80% of the most representative payment services subject to a fee at national level. The list shall contain terms and definitions for each of the services identified.
Amendment 271 #
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 outmay, in the light of guidelines, on the basis of the provisional lists submitted pursuant to paragraph 3, ofpropose an EU standardised terminology for those payment services 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.
Amendment 273 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 279 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before entering into a contract for a payment account with a consumer, payment service providers provide the consumer with a fee information document containing the list of the most representative services referred to in paragraph 51 of Article 3 and the corresponding fees for each service. In the event of changes to the fees to be paid, consumers must receive appropriate information about the new provisions governing fees.
Amendment 312 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 324 #
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. If services are offered as part of a financial services package for which a single fee is chargeable, the financial services package shall be regarded as a single service and the fee as a unit fee.
Amendment 354 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall be empowered to adopt implementing acts pursuant to Article 26 to define the format of the statement of fees, its common symbol and the order in which the services referred to in paragraph 51 of Article 3 shall be presented in the statement of fees.
Amendment 361 #
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 referred to in Article 3, paragraph 51.
Amendment 365 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Payment service providers may use brand names to designate their services in their contractual and commercial information, subject to the condition that they identify, where relevant, the corresponding term in the list referred to in Article 3, paragraph 5. Payment service providers shall not use brand names in the fee information document or the statement of fees1.
Amendment 370 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that consumers have access to at least one website comparing fees charged by payment service providers for services offered on payment accounts at national level in accordance with paragraphs 2 and 3 and the quality and ranges of services of the various providers.
Amendment 381 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) use plain language and, where relevant, the terms referred to in Article 3, paragraph 51;
Amendment 412 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
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 in the Unionir territory.
Amendment 425 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that the switching service is initiated by the receiving payment service provider and provided in accordance with the rules set out in paragraphs 2 to 7. , and that account is taken of relevant contractual relations between consumers and the economic players involved.
Amendment 429 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The switching service shall be initiated by the receiving payment service provider. The receiving payment service provider shall request written authorisation from the consumer to perform the switching service. The authorisation shall allow the consumer to provide specific consent to the transferring payment service provider to perform each of the tasks indicated in paragraphs 3(c), 3(e) and 3(f) and to provide specific consent to the receiving payment service provider to perform each of the tasks indicated in paragraphs 4(c), 4(d) and 5. The authorisation shall allow the consumer to specifically request the transmission by the transferring payment service provider of the information indicated in paragraphs 3(a) and 3(b). The authorisation shall also specify the payment orders referred to in paragraphs 4(a) and 4(b) and the date from which recurrent payments are to be operated from the account opened with the receiving payment service provider.
Amendment 439 #
Proposal for a directive
Article 10 – paragraph 3 – point a
Article 10 – paragraph 3 – point a
(a) transmit to the receiving payment service provider and, if specifically requested by the consumer pursuant to paragraph 2, to the consumer a list of all existing standing orders for credit transfers and debtor driven direct debit mandates known to the payment service provider;
Amendment 440 #
Proposal for a directive
Article 10 – paragraph 3 – point b
Article 10 – paragraph 3 – point b
(b) transmit to the receiving payment service provider and, if specifically requested by the consumer pursuant to paragraph 2, transmit to the receiving payment service provider and to the consumer the available information about incoming credit transfers and creditor driven direct debits executed on the consumer's account in the previous 13 months;
Amendment 442 #
Proposal for a directive
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(c) transmit to the receiving payment service provider any additional information deemed necessary by the receiving payment service provider to perform the switch, on condition that such transmission is compatible with existing data protection requirements;
Amendment 450 #
Proposal for a directive
Article 10 – paragraph 3 – point e
Article 10 – paragraph 3 – point e
(e) where the consumer gave specific consent pursuant to paragraph 2, transfer any remaining positive balance to the account opened or held with the receiving payment service provider on the date specified by the consumer, or collect the amount of a negative balance from the account opened or held with the receiving payment service provider, where the consumer gave consent and does not intend to transfer this amount to the transferring payment service provider in some other form; and
Amendment 464 #
Proposal for a directive
Article 10 – paragraph 4 – point c
Article 10 – paragraph 4 – point c
Amendment 466 #
Proposal for a directive
Article 10 – paragraph 4 – point c
Article 10 – paragraph 4 – point c
(c) where the consumer gave specific consent pursuant to paragraph 2, inform payers making recurrent credit transfers into a consumer's payment account of the details of the consumer's account with the receiving payment provider. If the receiving payment service provider does not have all the information it needs to inform the payer, it shallmay ask the consumer or the transferring payment service provider to provide the missing information;
Amendment 467 #
Proposal for a directive
Article 10 – paragraph 4 – point d
Article 10 – paragraph 4 – point d
Amendment 469 #
Proposal for a directive
Article 10 – paragraph 4 – point d
Article 10 – paragraph 4 – point d
(d) where the consumer gave specific consent pursuant to paragraph 2, inform payees using a direct debit to collect funds from the consumer's account of the details of the consumer's account with the receiving payment service provider and the date from which direct debits shall be collected from that account. If the receiving payment service provider does not have all the information it needs to inform the payee, it shallmay ask the consumer or the transferring payment service provider to provide the missing information;
Amendment 470 #
Proposal for a directive
Article 10 – paragraph 4 – point e
Article 10 – paragraph 4 – point e
(e) wherprovide the consumer chooses to personally provide the information indicated in points (c) and (d), providewith standard letters by means of which the consumer may inform payers making recurrent credit transfers into the consumer with standard lett's payment account, and payees using a direct debit to collect funds from the consumer's providingaccount, of the details of the newconsumer's account andwith the starting date indicated in the authorisationreceiving payment service provider and the date from which direct debits may be collected from that account.
Amendment 481 #
Proposal for a directive
Article 10 – paragraph 6 – point c
Article 10 – paragraph 6 – point c
(c) transfer the remaining positive balance from the payment account to the account held with the receiving payment service provider or collect the amount of a negative balance from the account opened or held with the receiving payment service provider, where the consumer gave consent;
Amendment 482 #
Proposal for a directive
Article 10 – paragraph 6 – point d
Article 10 – paragraph 6 – point d
(d) close the payment account as soon as the steps listed in points (a) to (c) have been carried out and the account is balanced;
Amendment 487 #
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 519 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall ensure that consumers who can prove that they are legally resident in the Union are not discriminated against by reason of their nationality or place of residence when applying for or accessing a payment account within the Union. Member States shall establish that consumers wishing to open an account in the respective territory shall provide evidence of a link to the Member State concerned.
Amendment 530 #
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 539 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Amendment 545 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that consumers who can prove that they are 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 residencefor all consumers who demonstrate a link to the Member State (e.g. citizenship, place of residence, property, place of work, close family ties, place of study), whose previous application for an account with basic features with a payment service provider in the same Member State has been rejected and who do not already hold a payment account in the EU. 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. EU. Such verification shall take account of the information and explanations provided by the consumer.
Amendment 559 #
Proposal for a directive
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) Where a consumer already holds a payment account, with a payment service provider located in their territory, EU which allows him to make use of the payment services listed in Article 17(1). The consumer shall not be considered a payment account holder if he can prove receipt of notification regarding termination of the current contract;
Amendment 565 #
Proposal for a directive
Article 15 – paragraph 3 – point a a (new)
Article 15 – paragraph 3 – point a a (new)
(aa) where least one of the conditions stipulated in Article 18(a), (c) and (d) is met;
Amendment 569 #
Proposal for a directive
Article 15 – paragraph 3 – point b a (new)
Article 15 – paragraph 3 – point b a (new)
(ba) where a payment account with basic features held by a consumer with another payment service provider was terminated within the last six months on the grounds referred to in Article 18(2);
Amendment 577 #
Proposal for a directive
Article 15 – paragraph 3 – point b b (new)
Article 15 – paragraph 3 – point b b (new)
(bb) where the consumer is unable to prove any link to the Member State.
Amendment 585 #
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, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy. The written information shall include the reasons for refusal. Furthermore, the consumer shall be informed of at least one channel of appeal or consultation service available to him free of charge or at a reasonable fee in the Member State concerned in accordance with detailed provisions drawn up by the Member States.
Amendment 593 #
Proposal for a directive
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Member States shall ensure that access to a payment account with basic features is not made conditional on the purchase of additional services or of shares offered by the payment service provider.
Amendment 625 #
Proposal for a directive
Article 16 – paragraph 1 – point d – subparagraph 1 a (new)
Article 16 – paragraph 1 – point d – subparagraph 1 a (new)
Member States may stipulate special conditions for use of online banking systems.
Amendment 651 #
Proposal for a directive
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. Member States shall ensure that the competent authorities establish what constitutes a reasonable fee according to one or several of the following (or other)criteria:
Amendment 655 #
Proposal for a directive
Article 17 – paragraph 3 – subparagraph 1 a (new)
Article 17 – paragraph 3 – subparagraph 1 a (new)
Fees for a payment account with basic functions shall always be based on the most favourable rate for an account for basic transactions, compared with the overall range of products offered, irrespective of the yardstick, or shall not be higher than the fees charged by the payment service provider for the type of account most frequently made available.
Amendment 672 #
Proposal for a directive
Article 18 – paragraph 2 – point d
Article 18 – paragraph 2 – point d
(d) the consumer is no longer legally president in the Union or has subsequently opened a second payment account in the Member State where he already holds a payment account with basic featuresEU.
Amendment 688 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination at least 2 months before the termination enters into force, in writing and free of charge. The written notification shall contain information for the consumer regarding at least one channel of appeal or consultation service available in the Member State concerned free of charge or for a reasonable fee in accordance with detailed provisions drawn up by the Member States.
Amendment 696 #
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Member States shall require educational establishments and consultation services to develop services for the most vulnerable customers providing them with guidance and assistance in the responsible management of their finances. The Member States shall encourage initiatives to achieve this and improve financial education at schools and elsewhere;
Amendment 708 #
Proposal for a directive
Article 23
Article 23
Amendment 711 #
Proposal for a directive
Article 24
Article 24
Amendment 714 #
Proposal for a directive
Article 25
Article 25