13 Amendments of Jean-Paul GAUZÈS related to 2008/0190(COD)
Amendment 24 #
Proposal for a directive – amending act
Recital 5
Recital 5
(5) It is appropriate to limit the application of this Directive to payment service providers that issue electronic money. It should not apply to pre-paid instruments that can only be used in a limited way, either because they allow the holder to purchase goods or services only in the premises of the issuer or within a limited network of service providers under direct commercial agreement with a professional issuer, or because they can only be used to acquire a limited range of goods or services. An instrument should be considered to be used within a 'limited network' if it can be used only for the purchase of goods and services in a specific store, a chain of stores or for a limited range of goods or services, regardless of the geographical location of the point of sale. Examples of such instruments are store cards, petrol cards, membership cards and public transport cards and meal vouchers. Instruments which can be used for purchases in stores of listed merchants should not be exempted as such instruments are typically designed for a network of service providers which is continuously growing. Finally, the Directive should not apply to payment transactions for the purchase of digital goods or services, where, by virtue of the nature of the good or service, the operator adds intrinsic value to it, e.g. in the form of access, search or distribution facilities, provided that the good or service in question can only be used through a digital device, such as a mobile phone or a computer. and provided that the telecommunication, digital or IT operator does not act only as an intermediary between the payment service user and the supplier of the goods and services.
Amendment 26 #
Proposal for a directive – amending act
Recital 16
Recital 16
(16) Pursuant to Directive 2006/48/EC, electronic money institutions are considered to be credit institutions, although they can neither receive deposits from the public nor grant credit from the funds received from the public. Given the system introduced by this Directive, it is appropriate to amend the definition of credit institution in Directive 2006/48/EC in order to ensure that electronic money institutions are not considered as credit institutions. However, credit institutions should continue to be allowed to issue electronic money and to carry on such activity Community-wide, subject to mutual recognition and to the comprehensive prudential supervisory regime applying to them in accordance with the Community legislation in the field of banking. In the interests of maintaining a level playing field, however, credit institutions should be able, alternatively, to carry out that activity through a subsidiary under the prudential supervisory regime of this Directive, instead of the banking Directive (2006/48/EC).
Amendment 33 #
Proposal for a directive – amending act
Article 4 a (new)
Article 4 a (new)
Amendment 35 #
Proposal for a directive – amending act
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that, upon request by the holder, issuers of electronic money redeem, at any moment during the period of validity of the contract and at par value, the monetary value of the electronic money held.
Amendment 37 #
Proposal for a directive – amending act
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The contract between the issuer and the holder shall clearly state the conditions of redemption, including timing and the financial implications thereof.
Amendment 38 #
Proposal for a directive – amending act
Article 5 – paragraph 4
Article 5 – paragraph 4
4. Where redemption takes place on the date of termination ofduring the period of termination, as defined in the contract, the monetary value of the electronic money held shall be redeemed free of charge.
Amendment 39 #
Proposal for a directive – amending act
Article 6
Article 6
1. Member States shall require electronic money institutions to hold, at the time of authorisation, initial capital, comprised of the items defined in Article 57(a) and (b) of Directive 2006/48/EC, of not less than EUR 1250 000. Their own funds shall not fall below that amount at any time.
Amendment 42 #
Proposal for a directive – amending act
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The own funds of electronic money institutions shall be calculated either in accordance with one of the three methods (A, B, or C) set out in Article 8 of Directive 2007/64/EC for in accordance with Method D set out in paragraph 3. The appropriate methodthe activities set out in Article 8(1)(a), (b) and (d) of this Directive and in accordance with Method D set out in paragraph 3 for the activities set out in Article 1(1). The appropriate method whether A, B or C, for the activities set out in Article 8(1)(a), (b) and (d), shall be determined by the competent authorities on the basis of national legislation.
Amendment 45 #
Proposal for a directive – amending act
Article 7 – paragraph 6 a (new)
Article 7 – paragraph 6 a (new)
6a. If the conditions laid down in Article 69 of Directive 2006/48/EC are met, Members States or their competent authorities may choose not to apply Article 7(2) and (3) of this Directive to payment institutions which are included in the consolidated supervision of the parent credit institutions pursuant to Directive 2006/48/EC.
Amendment 48 #
Proposal for a directive – amending act
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) the provision of payment services listed in the Annex to Directive 2007/64/EC provided that the conditions laid down in Article 16(2) and (4) of Directive 2007/64/EC are met;
Amendment 50 #
Proposal for a directive – amending act
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) granting credit related to payment services referred to in points 4, 5 or 7 of the Annex to Directive 2007/64/EC, where the conditions laid down in Article 16(3) and (5) of that Directive are met; moreover such credit shall not be granted from the funds received or held in exchange for the issuance of electronic money:
Amendment 55 #
Proposal for a directive – amending act
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Any funds received by electronic money institutions from the payment service user in exchange for electronic money shall not constitute a deposit or other repayable funds within the meaning of Article 5 of Directive 2006/48/EC. Funds received for any other payment service shall not constitute either a deposit or other repayable funds within the meaning of Article 5 of Directive 2006/48/EC, or electronic money within the meaning of this Directive.
Amendment 66 #
Proposal for a directive – amending act
Article 16
Article 16
Directive 2005/60/EC
Article 11 – paragraph 5 – point d
Article 11 – paragraph 5 – point d