Activities of Lídia PEREIRA related to 2023/0209(COD)
Shadow 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 (25)
Amendment 65 #
Proposal for a directive
Recital 35
Recital 35
(35) Payment institutions should be allowed to grant credit, but this activity should be subjected to some strict conditions. It is therefore appropriate to regulate the granting of credit by payment institutions in the form of credit lines and the issuance of credit cards, insofar as those services facilitate payment services and if credit is granted for a period not exceeding 12 months, including on a revolving basis. It is appropriate to allow payment institutions to grant short-term credit with regard to their cross-border activities, on the condition that it is refinanced using mainly the payment institution’s own funds, as well as other funds from the capital markets, and not the funds held on behalf of clients for payment services. That possibility should however be without prejudice to Directive 2008/48/EC of the European Parliament and of the Council39 or other relevant Union law or national measures regarding conditions for granting credit to consumers. Given their principally lending nature, ‘Buy Now Pay Later’ services should not constitute a payment service. Those services are covered by the new Directive on consumer credits replacing Directive 2008/48/EC. __________________ 39 Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).
Amendment 69 #
Proposal for a directive
Recital 62
Recital 62
(62) To further improve access to cash, which is a priority of the Commission, retailers should be allowed to offer, in physical shops, cash provision services even in the absence of a purchase by a customer, without having to obtain a payment service provider authorisation, registration or being an agent of a payment institution. Those cash provision services should, however, be subject to the obligation to disclose fees charged to the customer, if any. These services should be provided by retailers on a voluntary basis and should depend on the availability of cash by the retailer. To prevent unfair competition between ATM deployers not servicing payment accounts and retailers offering cash withdrawals without a purchase, and to ensure that shops do not rapidly run out of cash, it is appropriate to impose a cap of EUR 50 per transaction and EUR 500 per month. When offering this service, retailers should be obliged to request the insertion of the PIN Code manually by the client.
Amendment 74 #
Proposal for a directive
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24) ‘technical service provider’ means a provider of services which, although not being payment services, are necessary to support the provision of payment services, without the provider of technical services entering at any time into possession of the funds to be transferred;
Amendment 84 #
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1 – point b
Article 3 – paragraph 3 – subparagraph 1 – point b
(b) a business plan including a forecast budget calculation for the first 3 financial years which demonstrates that the applicant is able to employ the appropriate and proportionate systems, resources and procedures to operate soundly;
Amendment 85 #
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1 – point l – point i
Article 3 – paragraph 3 – subparagraph 1 – point l – point i
Amendment 86 #
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1 – point l – point ii
Article 3 – paragraph 3 – subparagraph 1 – point l – point ii
Amendment 87 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) where the payment institution provides electronic money services, its capital shall at no time be less than EUR 4300 000.
Amendment 93 #
Proposal for a directive
Article 9 – paragraph 7 – subparagraph 1
Article 9 – paragraph 7 – subparagraph 1
The EBA shall develop regulatory technical standards on safeguarding requirements, laying down in particular safeguarding risk management frameworks for payment institutions to ensure protection of users’ funds, and including requirements on segregation, designation, reconciliation, insulation and calculation of safeguarding funds requirements and avoiding of liquidity and concentration risk.
Amendment 94 #
Proposal for a directive
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) notwithstanding national rules, if any, on providing credit by issuers of credit cards, the credit granted in connection with a payment and executed in accordance with Article 13(6) and Article 30 is to be repaid within a reasonably short period, which shall in no case exceed 12 months;
Amendment 95 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Within 32 months of receipt of an application for authorisation as referred to in Article 3, or, where such application is incomplete, of all of the information referred to in Article 3(3), the competent authorities shall inform the applicant whether the authorisation is granted or refused. The competent authority shall give reasons where it refuses an authorisation.
Amendment 99 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that the competent authorities of the home Member State communicate to the payment institution within 21 months of receipt of the information referred to in paragraph 1 whether the agent has been entered in the register referred to in Article 17. Upon entry in the register, the agent may commence providing payment services.
Amendment 108 #
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 1
Article 30 – paragraph 3 – subparagraph 1
Within 31 months of receipt of the information referred to in paragraph 1, the competent authorities of the home Member State shall communicate their decision to the competent authorities of the host Member State and to the payment institution.
Amendment 114 #
Proposal for a directive
Article 37 – paragraph 1 – point b a (new)
Article 37 – paragraph 1 – point b a (new)
(b a) the amount of cash provided does not exceed a total of EUR 500 per month.
Amendment 115 #
Proposal for a directive
Article 37 – paragraph 1 – point b b (new)
Article 37 – paragraph 1 – point b b (new)
(b b) the use of contactless solutions is excluded and the client must insert the PIN code manually at the point of sale.
Amendment 122 #
Proposal for a directive
Article 43 – paragraph 2
Article 43 – paragraph 2
2. The Commission shall, by [ OP please insert the date= threfive years after the date of application of the PSR] submit to the European Parliament, the Council, the ECB and the European Economic and Social Committee, a report on the scope of this Directive, with regard in particular to payment systems, payment schemes and technical service providers. Where appropriate, the Commission shall submit a legislative proposal together with that report.
Amendment 123 #
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 1
Article 44 – paragraph 1 – subparagraph 1
Member States shall allow payment institutions that have been authorised pursuant to Article 11 of Directive (EU) 2015/2366 by [OP please insert the date = 18 months after the date of entry into force of this Directive] to continue to provide and execute the payment services for which they have been authorised, without having to having to seek a new authorisation in accordance with Article 3 of this Directive or to comply with the other provisions laid down or referred to in Title II of this Directive until [OP please insert the date = 24 months after the date of entry into force of this Directive].
Amendment 124 #
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 2 – point a
Article 44 – paragraph 1 – subparagraph 2 – point a
(a) whether those payment institutions comply with new requirements under Title II and, where not, which measures need to be taken to ensure compliance;
Amendment 126 #
Proposal for a directive
Article 44 – paragraph 2
Article 44 – paragraph 2
2. Member States mayshall provide for payment institutions as referred to in paragraph 1 to be authorised automatically and be entered in the register referred to in Articles 17 if the competent authorities have evidence that those payment institutions already comply with Articles 3 and 13. The competent authorities shall inform the payment institutions concerned of such automatic authorisation before the authorisation is grantedabout any obstacle for this authorisation and proceed, without undue delay, for the elimination of such obstacle.
Amendment 129 #
Proposal for a directive
Article 45 – paragraph 1
Article 45 – paragraph 1
1. Member States shall allow electronic money institutions which were defined in Article 2, point 1, of Directive 2009/110/EC that have taken up, before [OP please insert the date = 18 months after the date of entry into force of this Directive], activities in accordance with national law transposing Directive 2009/110/EC as electronic money institutions in the Member State in which their head office is located in accordance with national law transposing Directive 2009/110/EC, to continue those activities in that Member State or in another Member State without having to seek a new authorisation in accordance with Article 3 of this Directive or to comply with the other provisions laid down or referred to in Title II of this Directive.
Amendment 130 #
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
Member States shall require the electronic money institutions referred in paragraph 1 to submit to the competent authorities all information that those competent authorities need to assess, by [OP please insert the date = 24 months after the date of entry into force of this Directive], whether those electronic money institutions comply with the new requirements provisioned in this Directive. Where such assessment reveals that those electronic money institutions do not comply with those new requirements, the competent authorities shall decide which measures need to be taken to ensure such compliance, or to withdraw the authorisation.
Amendment 132 #
Proposal for a directive
Article 45 – paragraph 3
Article 45 – paragraph 3
3. Member States mayshall allow electronic money institutions as referred to in paragraph 1 to be authorised automatically as payment institutions and entered in the register referred to in Article 17 where the competent authorities have evidence that the electronic money institutions concerned comply with this Directive. The competent authorities shall inform the electronic money institutions concerned thereof before such automatic authorisation is grantedabout any obstacle to that authorisation and proceed, without undue delay, to the elimination of such obstacle.
Amendment 135 #
Proposal for a directive
Article 45 a (new)
Article 45 a (new)
Article 45a Extension period Competent authorities may exceptionally decide to extend the period before specific payment institutions and electronic money institutions are prohibited from providing services when those institutions provided the required information provisioned in Articles 44 and 45 and the competent authority has not been able to process it within the adequate deadline.
Amendment 137 #
Proposal for a directive
Article 46 – paragraph 1 – point 1
Article 46 – paragraph 1 – point 1
Directive 98/26/EC
Article 2 – point b
Article 2 – point b
‘institution’ shall mean any of the following entities:
Amendment 138 #
Proposal for a directive
Article 46 – paragraph 1 – point 1
Article 46 – paragraph 1 – point 1
Directive 98/26/EC
Article 2 – point b
Article 2 – point b
– an electronic money institution as defined in Article 2, point (1), of Directive 2009/110/EC of the European Parliament and of the Council, with the exception of legal persons benefitting from an exemption pursuant to Article 9 of that Directive,
Amendment 139 #
Proposal for a directive
Article 46 – paragraph 1 – point 1
Article 46 – paragraph 1 – point 1
Directive 98/26/EC
Article 2 – point b
Article 2 – point b
If a system is supervised in accordance with national legislation and only executes transfer orders as defined in point (i), second indent, as well as payments resulting from such orders, a Member State may decide that undertakings which participate in such a system and which have responsibility for discharging the financial obligations arising from transfer orders within this system, can be considered institutions, provided that at least three participants of thatis system are covered by the categories referred to in the first subparagraph and that such a decision is warranted on grounds of systemic risk; ’;