27 Amendments of Frances FITZGERALD related to 2023/0210(COD)
Amendment 93 #
Proposal for a regulation
Recital 15
Recital 15
(15) The Single Euro Payments Area (SEPA) has facilitated the creation of Union wide ‘payment factories’ and ‘collection factories’, allowing for the centralisation of payment transactions of the same group. In that respect, payment transactions between a parent undertaking and its subsidiary or between subsidiaries of the same parent undertaking which are provided by a payment service provider belonging to the same group should be excluded from the scope of this Regulation. The collection of payment orders and the receipt of funds on behalf of a group entities by a parent undertaking or its subsidiary for onward transmission to another payment service provider should not be considered as a payment service.
Amendment 101 #
Proposal for a regulation
Recital 39
Recital 39
(39) As consumers and undertakings are not in the same position of vulnerability, they do not need the same level of protection. While it is important to guarantee consumer rights by provisions from which it is not possible to derogate by contract, it is reasonable to let undertakings and organisations agree otherwise when they are not dealing with consumers. This may include the application of Strong Customer Authentication. Micro- enterprises, as defined in Commission Recommendation 2003/361/EC,44 may be treated in the same way as consumers. Certain rules should always apply, irrespective of the status of the user. __________________ 44 OJ L 124, 20.05.2003, p. 36-41.
Amendment 108 #
Proposal for a regulation
Recital 53
Recital 53
(53) Evidence gathered during theIn its review of Directive (EU) 2015/2366 shows that the current rules on charges are appropriate and had a positive impact. There is no compelling need for further alignment, the Commission identified a lack of charging practices between Member States, as the existing surcharging ban already applies to a very large share ofmonisation on allowing surcharging for payments in the Union. It is estimated that 95% of card payments are subject to the existing surcharging ban. In addition, when a surcharge is applied, it is capped at the actual cost incurred by the merchant. However, in its review of Directive (EU) 2015/2366, the Commission identifiestruments not captured under Regulation (EU) 2015/751 and different interpretations concerning the payment instruments covered by the surcharging ban. It is therefore necessary to explicitly extend the surcharging ban to all credit transfers and direct debits and not just to those covered by Regulation (EU) No 260/2012, as was the case under Directive (EU) 2015/2366payment instruments. This will contribute to consumer confidence in payment services and reduce the lack of harmonisation between Member States.
Amendment 142 #
Proposal for a regulation
Recital 116
Recital 116
(116) Security measures should be compatible with the level of risk involved in payment services. To allow the development of user-friendly and accessible means of payment for low-risk payments, such as low value contactless payments at the point of sale or payments made in a corporate context by corporate payer, whether or not these payments are based on mobile phone, the exemptions to the application of security requirements should be specified in regulatory technical standards. Safe use of personalised security credentials is needed to limit the risks relating to spoofing, phishing and other fraudulent activities. The user should be able to rely on the adoption of measures that protect the confidentiality and integrity of personalised security credentials.
Amendment 150 #
Proposal for a regulation
Article 2 – paragraph 2 – point i
Article 2 – paragraph 2 – point i
(i) without prejudice to Article 23(2), and Articles 58 and 87, services provided by technical service providers;
Amendment 157 #
Proposal for a regulation
Article 2 – paragraph 2 – point j – point iii
Article 2 – paragraph 2 – point j – point iii
(iii) instruments valid only in a single Member State, which are provided at the request of an undertaking or a public sector entity and regulated by a national or regional public authority for specific social or tax purposes to acquire specific goods or services from suppliers having a commercial agreement with the issuer which cannot be converted into cash;
Amendment 170 #
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, and the collection of payment orders on behalf of a group byfrom entities belonging to the same group in order to process payments on behalf of those entities through a paryment undertaking or its subsidiary for onward transmission tos service provider, including payment orders made to external third parties, and for collecting funds from external third parties by a parent company or by a subsidiary on behalf of group entities through a payment service provider.
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 9 a (new)
Article 2 – paragraph 9 a (new)
9 a. The provisions of Article 59 shall also apply to electronic communication service providers, as defined in Article 3, point (55a).
Amendment 197 #
Proposal for a regulation
Article 3 – paragraph 1 – point 55 a (new)
Article 3 – paragraph 1 – point 55 a (new)
(55 a) ‘electronic communications service provider’ means any provider falling under the scope of: (a) Directive 2018/1972 (European electronic communications code), and (b) Regulation (EU) 2022/1925 (Digital Markets Act).
Amendment 230 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The payment service user may terminate the framework contract at any time, unless the parties have agreed on a period of noticecontract term. Such a pteriodm shall not exceed 1 month.
Amendment 231 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Termination of the framework contract shall be free of charge for the payment service user except where the contract has been in force for less than 6 months. Charges, if any, for termination of the framework contract shall be appropriate and in line with costs. Where, under the framework contract, payment services are offered jointly with technical services aimed at supporting the provision of payment services and provided by the payment service provider or by a third party the payment service provider has partnered with, such technical services shall be subject to the same framework contract requirements on termination feesthe contract term or 18 months, whichever is the lesser.
Amendment 238 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Where the payment service user is not a consumer, the payment service user and the payment service provider may agree that Article 28(1), Article 49(7), and Articles 55, 60, 62, 63, 66, 75, 76, and 7688 do not apply in whole or in part. The payment service user and the payment service provider may also agree on time limits that are different from those laid down in Article 54.
Amendment 242 #
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The payee shall not request charges for the use of payment instruments for which interchange fees are regulated under Chapter II of Regulation (EU) 2015/751 and for credit transfers, including instant credit transfers, and direct debit transactions within the Union.
Amendment 244 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 248 #
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
5. Without prejudice to paragraphs 3 and 4 and for instruments not covered in those paragraphs, the payment service provider shall not prevent the payee from requesting from the payer a charge, offering himoffering the payer a reduction or otherwise steering the payer towards the use of a given payment instrument. Any charges applied shall not exceed the direct costs borne by the payee for the use of the specific payment instrument.
Amendment 251 #
Proposal for a regulation
Article 28 – paragraph 6
Article 28 – paragraph 6
Amendment 393 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Where a payment services user who is a consumer was manipulated by a third party pretending to be an employee of the consumer’s payment service provider using the name or e-mail address or telephone number of that payment service provider unlawfully and that manipulation gave rise to subsequent fraudulent authorised payment transactions, the payment service provider shall refund the consumerconsumer shall be entitled to request the refund of the full amount of the fraudulent authorised payment transaction under the condition that the consumer has, without any delay, reported the fraud to the police and notified its payment service provider. submitted reasonable documentation to provide the occurrence of the impersonation fraud, reported the fraud to the police and notified its payment service provider. Payment service providers and electronic communication service providers shall ensure that all necessary technical measures are in place, including in particular the security of the communication between PSPs and PSUs, in order to prevent fraud within their sphere of competence. Such technical measures shall be provided free of charge. In the case of electronic communication providers, such technical measures shall include: (a) confirming the authenticity of calls and messages routed through telecommunication networks and preventing the use of telephone numbers that are contrary to the conditions of attribution, authorisation or allocation of that telephone number; (b) preventing the use of electronic mailing for the soliciting of fraudulent payments; (c) preventing the creation of websites that facilitate the soliciting of fraudulent payments and ensuring that internet search engines do not display such websites in the list of search results; d) storing proof of IT and identity verification measures, in particular in the event of SIMSWAP, to justify their due diligence. If electronic communication service providers fail to fulfil the above technical measures, they shall be financially liable for the amount that the payment service provider has refunded to the payment service user.
Amendment 423 #
Proposal for a regulation
Article 59 – paragraph 5 a (new)
Article 59 – paragraph 5 a (new)
5 a. Electronic communications service providers shall have educational measures in place to protect against scams, including alerts to customers via all appropriate means and media when new forms of online scams emerge and, taking into account the needs of their most vulnerable groups of customers. Electronic communications service providers shall give their customers clear indications on how to identify fraudulent attempts and warn them of recommended actions and precautions to be taken to avoid falling victim to fraudulent actions. Electronic communications service providers shall inform their customers of where they can report fraudulent actions and rapidly obtain fraud-related information.
Amendment 431 #
Proposal for a regulation
Article 62 – paragraph 1 – subparagraph 4
Article 62 – paragraph 1 – subparagraph 4
Without prejudice to paragraph 3 of this Article, in addition to the right referred to in the first subparagraph of this paragraph, for authorised payment transactions which were initiated by a payee, including direct debits as referred to in Article 1 of Regulation (EU) No 260/2012, the payer shall have an unconditional right to a refund within the time limits laid down in Article 63 of this Regulation.
Amendment 435 #
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 2
Article 65 – paragraph 1 – subparagraph 2
The payment service provider shall provide or make available the notification in an agreed manner at the earliest opportunity, and in any case within the periods specified in Article 69. Where the payment service provider refuses to execute the payment based on the reasonable suspiscion of a fraudulent payment transaction in accordance with Article 83(1), the notification shall take into account the information necessary for the payment service user to resolve the suspicious transaction.
Amendment 436 #
Proposal for a regulation
Article 65 – paragraph 1 – subparagraph 3
Article 65 – paragraph 1 – subparagraph 3
The framework contract may include a condition that the payment service provider may charge a reasonable fee for such a refusal if the refusal is objectively justified, but not in the case of a refusal due to a suspected fraudulent transaction.
Amendment 501 #
Proposal for a regulation
Article 85 – paragraph 2
Article 85 – paragraph 2
2. Payment transactions that are not initiated by the payer but by the payee only shall not be subject to strong customer authentication to the extent that those transactions are initiated without any interaction or involvement of the payer. Such exemptions shall also apply to refunds that are initiated by the original payee in favour of the payer.
Amendment 512 #
Proposal for a regulation
Article 85 – paragraph 11 – point c a (new)
Article 85 – paragraph 11 – point c a (new)
(c a) the type of payment services user (consumer or corporate).
Amendment 518 #
Proposal for a regulation
Article 85 – paragraph 12 – subparagraph 1 (new)
Article 85 – paragraph 12 – subparagraph 1 (new)
The inherence element of strong customer authentication may include environmental and behavioural characteristics such as those related to the location of the payment service user, time of transaction, device being used, spending habits, online store where the purchase is carried out.
Amendment 527 #
Proposal for a regulation
Article 87 – paragraph 1
Article 87 – paragraph 1
A payer payment service provider shall enter into an outsourcing agreement with its technical service provider in case that technical service provider is providing and verifying the elements of strong customer authentication. A payer’s payment service provider shall, under such agreement, retain full liability for any failure to apply strong customer authentication and have the right to audit and control security provisions.
Amendment 541 #
Proposal for a regulation
Article 89 – paragraph 2 – subparagraph 1 – point e a (new)
Article 89 – paragraph 2 – subparagraph 1 – point e a (new)
(e a) the type of payment services user (consumer or corporate).
Amendment 555 #
Proposal for a regulation
Article 107 – paragraph 1
Article 107 – paragraph 1