9 Amendments of Małgorzata HANDZLIK related to 2013/0265(COD)
Amendment 31 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down uniform technical and business requirements for payment card transactions carried out using payment cards and digital wallets within the Union, where both the payer's payment service provider and, the payer, the payee's payment service provider and the payee are established therein.
Amendment 40 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) ‘payment card’ means a card – debit or credit – which entitles the bearer to make cash payments or enables the bearer to submit payment orders through the intermediation of a merchant or an acquirer, and which the merchant accepts with a view to receiving the funds owed to him;
Amendment 42 #
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) 'interchange fee' means a fee paid for each transaction directly or indirectly (i.e. through a third party) between the payment service providers of the payer and of the payee involved in a payment card or a payment card-based transaction. An interchange fee may be open, in the case of the four party payment card scheme (the fee is paid by one legal entity to another legal entity), or hidden, in the case of a three party scheme (internal transfer between the acquiring division and the issuing division of the same legal entity). It also incorporates fees paid or discounts offered between the payer’s payment service provider and a partner from the same brand or an agent;
Amendment 46 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25 a (new)
Article 2 – paragraph 1 – point 25 a (new)
(25a) ‘digital wallet’ means a service enabling the bearer of the wallet to gain access to, manage and use identification and payment tools to initiate payments. This service may be located on a device owned by the bearer of the wallet, for instance a mobile telephone or personal computer, or it may be hosted remotely on a server (the above solutions may also be combined), but it must in all cases be under the control of the bearer. The merchant with whom the digital wallet enters into a contract is referred to as a ‘sub-merchant’;
Amendment 53 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Any provisions in contracts or other forms of agreements which exclude the application of paragraphs 1 or 2 or which contain higher interchange fee rates than those set out in paragraph 1 or 2 shall be prohibited. In the event that a contract or other form of agreement excludes the application of paragraph 1 or 2, or if a contract or other form of agreement sets a higher interchange fee rate than those set out in paragraph 1 or 2, the maximum rate foreseen in paragraph 1 or 2 shall be applied.
Amendment 57 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. With effect from two yearsix months after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,2 % of the value of the transaction for any debit card based transactions.
Amendment 64 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. With effect from two yearsix months after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,3 % of the value of the transaction for any credit card based transactions.
Amendment 67 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Any provisions in contracts or other forms of agreements which exclude the application of paragraphs 1 or 2 or which contain higher interchange fee rates than those provided for in paragraphs 1 or 2 shall be prohibited. In the event that a contract or other form of agreement excludes the application of paragraph 1 or 2, or if a contract or other form of agreement sets a higher interchange fee rate than those set out in paragraph 1 or 2, the maximum rate foreseen in paragraph 1 or 2 shall be applied.
Amendment 71 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Hidden interchange fees 1. Three party payment card schemes impose hidden interchange fees which should be subject to a cap in the same way as the open interchange fees referred to in Articles 3 and 4 are. 2. In order to ensure compliance with this requirement, three party payment card schemes shall keep separate accounts for business activities connected with consumer card acquiring and for business activities connected with consumer card issuing. This should be done in the same way as it would were these activities carried out by legally separate entities, enabling the identification of all cost and revenue elements – as well as the basis for their calculation and a detailed explanation of the methods used – related to the schemes' issuing and acquiring activities, including a detailed breakdown of fixed assets and structural costs. Three party payment card schemes shall also be obliged to disclose internal transfer costs in order to ensure compliance with the caps for hidden interchange fees and to prevent cross-subsidisation. 3. For the purposes of the application of the caps referred to above in Article 1 and Article 2, any net compensation received by a section responsible for the issuing of consumer cards from a section connected to a payment card scheme in relation to payment transactions or related activities shall be treated as part of the interchange fee. 4. In order to ensure compliance with paragraphs 1 and 2, three party payment card schemes shall be obliged to appoint a Trustee, who shall submit annual reports to the competent authorities referred to in Article 13 et seq. on the three party scheme’s compliance with the provisions of paragraphs 1 and 2 in the previous year. The implementing provisions concerning the Trustee shall be laid down in Annex X.