Activities of Lídia PEREIRA related to 2023/0210(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on payment services in the internal market and amending Regulation (EU) No 1093/2010
Amendments (67)
Amendment 94 #
Proposal for a regulation
Recital 17
Recital 17
(17) Technical services do not constitute payment services as such as technical service providers do not enter at any time into possession of the funds to be transferred. They should therefore be excluded from the definition of payment services. Those services should however be subject to certain requirements, such as those on liability for failure to support the application of strong customer authentication, or the requirement to enter into outsourcing agreements with payment service providers in case technical service providers are to provide and verify the elements of strong customer authentication. There should also be requirements governing the termination fees of framework contracts where payment services are offered jointly with technical services.
Amendment 107 #
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 of charging practices between Member States, as the existing surcharging ban already applies to a very large share of 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 identifie, the Commission identified a lack of harmonisation that allows surcharging for payment instruments 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) 2015/2366.
Amendment 116 #
Proposal for a regulation
Recital 77
Recital 77
(77) In the case of an unauthorised payment transaction, the payment service provider should immediately refund the amount of that transaction to the payer. However, where there is a high suspicion of an unauthorised transaction resulting from fraudulent behaviour by the payer and where that suspicion is based on objective grounds which are communicated to the relevant national authority by the payment service provider, the payment service provider should be able to conduct an investigation before refunding the payer. The payment service provider should, within 120 business days after noting or being notified of the transaction, either refund the payer the amount of the unauthorised payment transaction or provide the payer the reasons and supporting evidence for refusing the refund and indicate the bodies to which the payer may refer the matter if the payer does not accept the reasons provided. To protect the payer from any disadvantages, the credit value date of the refund should not be later than the date when the amount was debited. To provide an incentive for the payment service user to notify, without undue delay, the payment service provider of any theft or loss of a payment instrument and thus to reduce the risk of unauthorised payment transactions, the user should be liable only for a very limited amount unless the payment service user has acted fraudulently or with gross negligence. In that context, an amount of EUR 50 seems to be adequate in order to ensure a harmonised and high-level user protection within the Union. There should be no liability where the payer is not able to become aware of the loss, theft or misappropriation of the payment instrument. Moreover, once a payment service user has notified a payment service provider that his or her payment instrument may have been compromised, the payment service user should not be required to cover any further losses stemming from unauthorised use of that instrument. Payment service providers should be responsible for the technical security of their own products.
Amendment 152 #
Proposal for a regulation
Article 2 – paragraph 2 – point j – point ii
Article 2 – paragraph 2 – point j – point ii
(ii) instruments which can be used only to acquire a very limited range of goods or services, including but not limited to instruments restricted to use in business- to-business transactions;
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 166 #
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 5100 and:
Amendment 168 #
Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 2 – indent 1
Article 2 – paragraph 2 – point k – paragraph 2 – indent 1
– the cumulative value of payment transactions for an individual subscriber does not exceed EUR 3500 per month, or
Amendment 169 #
Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 2 – indent 2
Article 2 – paragraph 2 – point k – paragraph 2 – indent 2
– where a subscriber pre-funds its account with the provider of the electronic communications network or service, the cumulative value of payment transactions does not exceed EUR 3500 per month;
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 177 #
Proposal for a regulation
Article 3 – paragraph 1 – point 28
Article 3 – paragraph 1 – point 28
(28) ‘credit transfer’ means a payment service, including instant credit transfers, for crediting a payee’s payment account with a payment transaction or a series of payment transactions from a payer’s payment account by the payment service provider which holds the payer’s payment account or by the payment service provider which holds the payee payment account, based on an instruction given by the payer;
Amendment 185 #
Proposal for a regulation
Article 3 – paragraph 1 – point 39
Article 3 – paragraph 1 – point 39
(39) ‘unique identifier’ means a combination of letters, numbers or symbols specified by the payment service provider, or an uniquely linked proxy thereof, to the payment service user and to be provided by the payment service user to identify unambiguously another payment service user or the payment account of that other payment service user for a payment transaction;
Amendment 199 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States may apply this Title to small, medium-sized and microenterprises in the same way as to consumers.
Amendment 204 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Where, for the use of a given payment instrument, the payee requests a charge or offers a reduction, the payee shall inform the payer thereof prior to the initiation of the payment transaction, in a clear, transparent and accessible format.
Amendment 205 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Where, for the use of a given payment instrument, the payment service provider or another party involved in the transaction requests a charge, it shall inform the payment service user thereof in a clear, transparent and accessible format, prior to the initiation of the payment transaction.
Amendment 208 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Natural or legal persons providing cash withdrawal services as referred to in Article 38 of Directive (EU) [PSD3] shall provide or make available to their customers clear, transparent and accessible information on any charges before the customer carries out the withdrawal as well as upon receipt of the cash when the transaction is completed.
Amendment 210 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Charges for information referred to in paragraph 2 shall be reasonable and in line with the payment service provider’sproportionate in relation to the actual costs.
Amendment 229 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The payment service provider shall propose any changes in the framework contract or in the information and conditions set out in Article 20 in the same way as provided for in Article 19(1) and no later than 23 months before their proposed date of application. The payment service user can either accept or reject the changes before the date of their proposed date of entry into force.
Amendment 232 #
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 63 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 fees.
Amendment 233 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. If agreed in the framework contract, the payment service provider may terminate a framework contract concluded for an indefinite period by giving at least 23 months’ notice in the same way as provided for in Article 19(1).
Amendment 234 #
Proposal for a regulation
Article 23 – paragraph 6
Article 23 – paragraph 6
6. Member States may provide for more favourable provisions on termination for payment service users. Those provisions must be fully aligned with this Regulation and its objectives and must be communicated to the Commission.
Amendment 237 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
Amendment 239 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
3. Member States may provide that provisions in this Title are applied to small, medium-sized and microenterprises in the same way as to consumers. Those provisions shall be fully aligned with this Regulation and its objectives and must be communicated to the Commission.
Amendment 240 #
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The payment service provider shall not charge the payment service user for fulfilment of its information obligations or corrective and preventive measures under this Title, unless otherwise specified in Article 65(1), Article 66(5) and Article 74(4). Those charges shall be agreed between the payment service user and the payment service provider and shall be reasonable and in line with the payment service provider’sproportionate to actual costs.
Amendment 241 #
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 245 #
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
Amendment 250 #
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 him 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 255 #
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
(b) there is or has been a material breach of contract committed by the applicant for an account;
Amendment 259 #
Proposal for a regulation
Article 32 – paragraph 1 – point d
Article 32 – paragraph 1 – point d
Amendment 260 #
Proposal for a regulation
Article 32 – paragraph 1 – point e
Article 32 – paragraph 1 – point e
Amendment 268 #
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3 a. A credit institution shall also notify the national competent authority of its decision to refuse to open or to close a specific payment account.
Amendment 293 #
Proposal for a regulation
Article 36 – paragraph 4 – point h a (new)
Article 36 – paragraph 4 – point h a (new)
(h a) refuse to initiate a payment transaction on justified grounds.
Amendment 315 #
Proposal for a regulation
Article 43 – paragraph 2 – point c
Article 43 – paragraph 2 – point c
Amendment 325 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 2 – introductory part
Article 44 – paragraph 1 – subparagraph 2 – introductory part
Prohibited obstacles shall include, among others, the following:
Amendment 328 #
Proposal for a regulation
Article 44 – paragraph 1 – subparagraph 2 – point j
Article 44 – paragraph 1 – subparagraph 2 – point j
(j) imposing an account information or payment initiation journey, in a ‘redirection’ or ‘decoupled’ approach, where for the authentication of the payment service user with the account servicing payment service provider addsas well as imposing additional steps or required actions in the user journey compared to the equivalent authentication procedure offered to payment service users when directly accessing their payment accounts or initiating a payment with the account servicing payment service provider;
Amendment 334 #
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1 – point d
Article 45 – paragraph 2 – subparagraph 1 – point d
(d) log the data that are accessed through the interface operated by the account servicing payment service provider for its payment service users, and provide, upon request and without undue delay, the log files to the competent authority. Logs shall be deleted 3 years after their creation. Logs may be kept for longer than this retention period if they are required for monitoring procedures that are already underway.
Amendment 336 #
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 2
Article 45 – paragraph 2 – subparagraph 2
For the purpose of point (d) logs shall be deleted 3 years after their creation. Logs may be kept for longer than this retention period if they are required for monitoring procedures that are already underway, but only as long as strictly necessary to perform such procedures.
Amendment 340 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Competent authorities shall ensure that account servicing payment service providers comply at all times with their obligations in relation to the dedicated interface referred to in Article 35(1) and that any identified prohibited obstacle listed in Article 44 is immediately removed by the relevant account servicing payment service provider. Where such non- compliance of the dedicated interfaces with this Regulation or obstacles are identified, including on the basis of information transmitted by payment initiation services and account information services providers, the competent authorities shall take without undue delay the necessary and adequate enforcement measures and impose any appropriate and proportionate sanction or, where appropriate and duly justified, grant access rights in accordance with Article 38(4).
Amendment 354 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. Where a specific payment instrument is used for the purposes of giving permission, the payer and the payer’s payment service provider may agree on spending limits for payment transactions executed through that payment instrument. Payment service providers shall not unilaterally increaschange the spending limits agreed with their payment service users.
Amendment 363 #
Proposal for a regulation
Article 54 – paragraph 1 – subparagraph 1
Article 54 – paragraph 1 – subparagraph 1
The payment service provider shall only rectify any unauthorised, incorrectly executed payment transaction or authorised payment transaction where the payment service user notifies the payment service provider in accordance with Articles 57 and 59 without undue delay after becoming aware of any such transaction giving rise to a claim, including a claim under Article 75, and no later than 138 months after the debit date.
Amendment 367 #
Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 1
Article 55 – paragraph 1 – subparagraph 1
Where a payment service user denies having authorised an executed payment transaction or claims that the payment transaction was not correctly executed, the burden shall be on the payment service provider to prove that the payment transaction was authorisenticated, accurately recorded, entered in the accounts and not affected by a technical breakdown or some other deficiency of the service provided by the payment service provider.
Amendment 370 #
Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 2
Article 55 – paragraph 1 – subparagraph 2
If the payment transaction is initiated through a payment initiation service provider, the burden shall be on the payment initiation service provider to prove that within its sphere of competence, the payment transaction was authorisenticated, accurately recorded and not affected by a technical breakdown or other deficiency linked to the payment service of which it is in charge.
Amendment 376 #
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 fraud committed by the payer, the payer’s payment service provider shall, within 120 business days after noting or being notified of the transaction, do either of the following:
Amendment 383 #
Proposal for a regulation
Article 57 – paragraph 2 – introductory part
Article 57 – paragraph 2 – introductory part
2. Within 120 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 388 #
Proposal for a regulation
Article 58
Article 58
Amendment 392 #
Proposal for a regulation
Article 59 – title
Article 59 – title
Amendment 397 #
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 consumer the full amount of the fraudulent authorised payment transactionswiftly take all the necessary measures to eliminate or mitigate the consequences of the fraud. Those measures may include refunds, under the condition that the consumer has, without any delay, reported the fraud to the police and notified its payment service provider.
Amendment 402 #
Proposal for a regulation
Article 59 – paragraph 1 a (new)
Article 59 – paragraph 1 a (new)
1 a. All providers involved in the fraud chain shall act swiftly to ensure that the appropriate organisational and technical measures are in place to safeguard the security of payments users when making transactions. Payment service providers, electronic communication service providers and digital platform service providers shall have in place fraud prevention and mitigation techniques to fight fraud in all its configurations, including non-authorised and authorised push payment fraud.
Amendment 408 #
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. Within 10 business days after noting or being notified of the fraudulent authorised payment transaction, the payment service provider shall do either of the following:
Amendment 417 #
Proposal for a regulation
Article 59 – paragraph 4 a (new)
Article 59 – paragraph 4 a (new)
4 a. By [12 months after the entry in force of this Regulation], EBA shall issue technical guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010 regarding the concept of gross negligence in the context of this Regulation and respecting the national legal frameworks on this matter.
Amendment 430 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. Where a payment transaction is initiated by or through the payee in the context of a card-based payment transaction, an account-to-account based transaction or a credit transfer and the exact future amount is not known at the moment when the payer authorizes the execution of the payment transaction, the payer’s payment service provider may only block funds on the payer’s payment account if the payer has given his or her permission to that precise amount of funds to be blocked.
Amendment 433 #
Proposal for a regulation
Article 63 – paragraph 2 – subparagraph 1 – introductory part
Article 63 – paragraph 2 – subparagraph 1 – introductory part
Within 120 business days of receiving a request for a refund, the payment service provider shall do either of the following:
Amendment 439 #
Proposal for a regulation
Article 68 – paragraph 2
Article 68 – paragraph 2
2. This Section applies to payment transactions not referred to in paragraph 1, unless otherwise agreed between the payment service user and the payment service provider, with the exception of Article 73, which is not at the disposal of the parties. However, if the payment service user and the payment service provider agree on a longer period than that set in Article 69, for intra-Union payment transactions, that longer period shall not exceed 45 business days following the time of receipt as referred to in Article 64.
Amendment 442 #
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
For national payment transactions, Member States may provide for shorter maximum execution times than those provided for in this Section. Decisions taken under this Article must be communicated to the Commission.
Amendment 443 #
Proposal for a regulation
Article 74 – paragraph 4
Article 74 – paragraph 4
4. Where agreed in the framework contract, the payment service provider may charge the payment service user for recovery. The charge must be reasonable and proportionate to the costs incurred.
Amendment 473 #
Proposal for a regulation
Article 83 – paragraph 3
Article 83 – paragraph 3
3. To the extent necessary to comply with paragraph 1, point (c), payment service providers mayshall exchange information, including the unique identifier of a payee with other payment service providers who are subject to information sharing arrangements as referred to in paragraph 5, when the payment service provider has sufficient evidence to assume that there was a fraudulent payment transaction. Sufficient evidence for sharing unique identifiers shall be assumed when at least two different payment services users who are customers of the same payment service provider have informed that a unique identifier of a payee was used to make a fraudulent credit transfer. Payment service providers shall not keep unique identifiers obtained following the information exchange referred to in this paragraph and paragraph 5 for longer than it is necessary for the purposes laid down in paragraph 1, point (c).
Amendment 476 #
Proposal for a regulation
Article 83 – paragraph 3 a (new)
Article 83 – paragraph 3 a (new)
3 a. Payment service providers may exchange information referred to in paragraph 3 with public authorities, in order to better comply with paragraph 1, point (c).
Amendment 498 #
Proposal for a regulation
Article 85 – paragraph 1 – point b
Article 85 – paragraph 1 – point b
Amendment 511 #
Proposal for a regulation
Article 85 – paragraph 11 – point c a (new)
Article 85 – paragraph 11 – point c a (new)
(c a) whether the parties performing the transaction are consumers or corporate payers.
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 524 #
Proposal for a regulation
Article 87
Article 87
A payer payment servrticle 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.87 deleted Outsourcing agreements for the application of strong customer authentication
Amendment 535 #
Proposal for a regulation
Article 88 a (new)
Article 88 a (new)
Article 88a Fair, reasonable and non-discriminatory access to mobile devices 1. Without prejudice to Article 6 paragraph (7) of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, original equipment manufacturers of mobile devices and providers of electronic communication services within the meaning of Article 2 (1) Directive (EU) 2018/1972 shall allow providers of front end services effective interoperability with, and access for the purposes of interoperability to, the technical features necessary for storing and transferring data to process payment transactions, on fair, reasonable and non-discriminatory terms. 2. Original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 shall not be prevented from taking strictly necessary and proportionate measures to ensure that interoperability does not compromise the integrity of the hardware and software features concerned by the interoperability obligation provided that such measures are duly justified. 3. For the purpose of applying fair, reasonable and non-discriminatory terms pursuant to paragraph 1, original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 shall publish general conditions of effective interoperability and access.
Amendment 536 #
Proposal for a regulation
Article 89 – paragraph 1 – subparagraph 1 – point d
Article 89 – paragraph 1 – subparagraph 1 – point d
Amendment 538 #
Proposal for a regulation
Article 89 – paragraph 1 – subparagraph 2 – point i
Article 89 – paragraph 1 – subparagraph 2 – point i
(i) the conditions that have to be met for a remote electronic payment transaction to be considered as posing a low level of risk, taking into consideration the levels of fraud in each economic activity;
Amendment 540 #
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 different situation and specific needs of consumer and corporate payers.
Amendment 561 #
Proposal for a regulation
Article 108 – paragraph 2
Article 108 – paragraph 2
2. The Commission shall, by [ OP please insert the date= 35 years after the date of entry into force of this Regulation] submit to the European Parliament, the Council, the ECB and the European Economic and Social Committee, a report on the scope of this Regulation, 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 564 #
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 565 #
Proposal for a regulation
Article 112 – paragraph 3
Article 112 – paragraph 3