31 Amendments of Jean-Paul GAUZÈS related to 2013/0139(COD)
Amendment 122 #
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 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 129 #
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 resultsThese principles have been applied unevenly, but adapted to the specificities of the national markets throughout the EU. 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 131 #
Proposal for a directive
Recital 8
Recital 8
(8) It is vital, therefore, to establish a uniform set of rules to tackle the issue of low customer mobility and in particular to improve comparison of payment account services and fees and to incentivise payment account switching as well as avoid that consumers who intend to purchase a payment account cross-border are discriminated on the basis of residency. Moreover, it is essential to adopt adequate measures to foster customers' participation in the payment accounts market. These measures will incentivize entry for payment service providers in the internal market and ensure a level playing field, thereby strengthening competition and the efficient allocation of resources within the EU financial retail market to the benefit of businesses and consumers. Also, transparent fee information and switching possibilities combined with the right of access to basic account services will allow EU citizens to move and shop around more easily within the Union and therefore benefit from a fully functioning internal market in the area of retail financial services and contribute to its further development.
Amendment 138 #
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. 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 at national level.
Amendment 141 #
Proposal for a directive
Recital 12
Recital 12
(12) Consumers would benefit most from information that is concise and easy to compare between different payment service providers. The tools made available to consumers to compare payment account offers would not have a positive impact if the time invested in going through lengthy lists of fees for different offers outweighed the benefit of choosing the offer that represents the best value. A list of payment services accounting for 80% of the most representative payment services subject to a fee at national level is therefore the best approach to represent the majority of the most representative payment services and take into account the particularity of the offered services in the Member States. Accordingly, fee terminology should only be standardised for the most representative terms and definitions within Member States in order to avoid the risk of excessive information.
Amendment 143 #
Proposal for a directive
Recital 13
Recital 13
(13) The fee terminology should be determined by national competent authorities, allowing for consideration of the specificities of local markets. To be considered representative, services should be subject to a fee at a minimum of one payment service provider in Member States. In addition, where possible, fee terminology should be standardised at EU level, thus allowing for comparison across the Union. The European Banking Authority (EBA) should establish guidelines to assist Member States to determine the most representative payment services subject to a fee at national level.
Amendment 152 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to help consumers compare payment account fees throughout the single market easily, payment service providers should provide consumers with a list of fees charged for the services listed in the standardised terminology at national level. This would also contribute towards establishing a level playing field between credit institutions competing in the payment account market. The fee information document should only contain information on the most representative payment services in each Member State, using the terms and definitions established at EU level where relevant. In order to help consumers understand the fees they have to pay for their payment account, a glossary providing explanations for at least the fees and services contained in the list should be made available to them, upon request on a durable medium at premises accessible to consumers and be made available in electronic form on Payment Service Providers websites. The glossary should serve as a useful tool to encourage a better understanding of the meaning of fees, contributing towards empowering consumers to choose from a wider choice of payment account offers. An obligation should also be introduced for payment service providers to inform consumers, at least annually, of all the fees charged on their account. Ex-post information should be provided in a dedicated summary. It should provide a complete overview of the fees incurred to enable a consumer to understand what fee expenditures relate to, and to assess the need to either modify consumption patterns or move to another provider. This benefit would be maximised by the ex-post fee information covering the same services as the ex-ante information.
Amendment 156 #
Proposal for a directive
Recital 16
Recital 16
(16) To meet the needs of consumers, it is necessary to ensure that fee information on payment accounts is accurate, clear and comparable. This Directive should therefore lay down common presentation requirements for the fee information document and the statement of fees, in order to ensure that they are understandable and comparable for consumers. The same format, order of items and headings should be followed for every fee information document and statement of fees in each Member State, allowing consumers to compare the two documents, thereby maximising understanding and use of the information. The fee information document and statement of fees should be clearly distinguishable from other communications. They should be identified by a common symbol.
Amendment 158 #
Proposal for a directive
Recital 17
Recital 17
Amendment 171 #
Proposal for a directive
Recital 21
Recital 21
(21) Consumers are only incentivised to switch accounts if the process does not entail an excessive administrative and financial burden. The procedure for switching payment accounts to another payment service provider should be clear and quick. The fees, if any, charged by payment service providers in relation to the switching service should be in line with the actual cost incurred by payment service providers. In order to have positive impact on competition, switching should also be facilitated at cross-border level. Given that switching cross-border could be more complex than the switching at national level and may require payment service providers to adapt and refine their internal procedures, longer deadlines for the cross-border switch should be foreseen. The need to maintain different deadlines should be evaluated in the context of the review of the proposed Directive.
Amendment 178 #
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 State should be in a position to open and use a payment account with basic features in that Member State. 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 proceduresMember States shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer.
Amendment 186 #
Proposal for a directive
Recital 27 a (new)
Recital 27 a (new)
(27a) The right to access a payment account with basic features in any Member State should be granted in accordance with 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 214 #
Proposal for a directive
Recital 39
Recital 39
(39) A review of this Directive should be carried out five years after its entry into force in order to take account of market developments, such as the emergence of new types of payment accounts and payment services, as well as developments in other areas of Union law and the experiences of Member States. The review should assess whether the measures introduced have improved consumer understanding of payment account fees, the comparability of payment accounts and the ease of switching accounts. It should also determine how many basic payment accounts have been opened including by previously unbanked consumers. It should also assess whether extended deadlines for payment service providers performing cross-border switching are to be maintained for a longer period. Also, it should assess whether the provisions on the information to be provided by payment service providers when offering packaged products are sufficient or whether additional measures are needed. The Commission should submit a report to the European Parliament and the Council accompanied, if appropriate, by legislative proposals.
Amendment 221 #
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 243 #
Proposal for a directive
Article 3 – title
Article 3 – title
Amendment 255 #
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 20 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 262 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 265 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify to the Commission the provisional lists referred to in paragraph 1 within 6 monthsa year of the entry into force of this Directive.
Amendment 296 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 309 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The fee information document and the glossary shall be made available free of charge at all times by payment service providers on a durable medium at premises accessible to consumers and shall be made available in electronic form on their websites. The glossary on durable medium should be made available upon request.
Amendment 318 #
Proposal for a directive
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Payment service providers shall meet the above obligations within twelve months of the publication of the list of the standardized terms and definitions pursuant to Art. 3 paragraph 1 and the adoption of the implementation act pursuant to paragraph 7 of this provision.
Amendment 348 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 357 #
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 5. Payment service providers shall meet this obligation within twelve months of the publication of the list of standardised terms and definitions.
Amendment 388 #
Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(ea) provide information, yet not any kind of recommendations;
Amendment 390 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. Member States shall ensure that Payment Service Providers are not liable for the information contained in the accredited or non-accredited websites, given that they would not be responsible for operating them;
Amendment 414 #
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 Unionwithin a Member State.
Amendment 473 #
Proposal for a directive
Article 10 – paragraph 4 a (new)
Article 10 – paragraph 4 a (new)
4a. Member States shall ensure that deadlines are set at national level for both payers and payees to take into account the new account details of the consumer transmitted by the receiving payment service provider;
Amendment 491 #
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 495 #
Proposal for a directive
Article 10 – paragraph 9
Article 10 – paragraph 9
Amendment 724 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 732 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall adopt and publish, by [onetwo years after entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.