56 Amendments of Ivo STREJČEK related to 2012/2055(INI)
Amendment 2 #
Motion for a resolution
Recital A
Recital A
A. whereas the smooth functioning of the internal market and the development of a modern, socially inclusknowledge-driven economy depends on the universal provision of basic banking services and of a socially responsible banking sectorshould foster growth, competition and greater efficiency in the banking sector of the EU, which needs to be appropriately regulated to avoid negative externalities for the Union's economy and the society as a whole;
Amendment 5 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the primary goal of the banking sector of the EU should remain to provide funding for the real economy, while also contributing to the provision of basic banking services for all EU citizens across the Union who do not already hold a bank account in the Member State where they have lodged a request for one;
Amendment 6 #
Motion for a resolution
Recital B
Recital B
B. whereas access to basic banking services is a precondition for consumers to benefit fromfacilitate the access of low-income consumers to basic payment instruments for the deposit, transfer and withdrawal of cash in the internal market, notably from cross-border migrationcommuting, money transfer and the purchase of goods and services at non-discriminatory cost; whereas the annual opportunity cost of not having access to any payment account is estimated at between EUR 185 to EUR 365 per consumerinstrument apart from cash should be thoroughly quantified and explained;
Amendment 13 #
Motion for a resolution
Recital C
Recital C
C. whereas currently 7 % of all Union consumers, that is to say 30 million people, are excluded from access to basic banking servicesthe Commission estimates that currently 7 % of the EU adult population, i.e around 30 million people, are without a bank account, with an estimated 6 to 7 million having been rejected by payment service providerspersons who have been deprived of by payment service providers or have not dare ask for a bank account; whereas financial exinclusion ireaches aon eaven greater problem in most EU-12 Member Statesrage 91% of the adult population in EU12 compared to 97% in EU15, with the lowest percentage around 50% in Romania and Bulgaria;
Amendment 16 #
Motion for a resolution
Recital D
Recital D
Amendment 18 #
Motion for a resolution
Recital E
Recital E
Amendment 21 #
Motion for a resolution
Recital F
Recital F
F. whereas general economic development and social cohesion contribute to high bank account penetration; whereas among Member States, 33 % of the variation in the percentage of the population using a current bank account can be explained by the level of economic development and, therefore, 67 % depend together with high computer literacy and easy access to Internet broadband contribute to high bank account penetration and completion of ther factors, such as regulation e-internal market;
Amendment 23 #
Motion for a resolution
Recital G
Recital G
G. whereas the different types of payment service providers, especially private banks, acting in accordance with market logic, tend tohave to primarily focus on commercially attractive consumers, leaving vulnerabl rather than low-income consumers, without the same choice of products; whereas industry codes as inithich explains why appropriated in Germany, the United Kingdom, Italy, Ireland, Slovenia and Luxembourg have largely been a result of public pressure and demands for legislative initiatives; whereas self-regulation instruments have had positive results but, at the same time, have failed to effectively guarantee universal access to a basic bank accountcentives should be provided to them in order to foster the social inclusiveness dimension of their offer of services;
Amendment 26 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas banking sector codes of conduct, in addition to self-regulation instruments, should be the result of a consultation launched by relevant national authorities with the public and the industry, and be followed, where appropriate, by legislative initiatives at the national level;
Amendment 31 #
Motion for a resolution
Recital I
Recital I
Amendment 34 #
Motion for a resolution
Recital J
Recital J
J. whereas in order to be effective a basic bank account needs to be straightforward to open, even for those with non-should take the form of a deposit account, be easy to open, be provided at preferential cost andard proof of identity and to provide a specified range of core services, and offer a specified range of services such as a debit card or a pre-paid card, with the exclusion of overdraft, to provide the account holder with a valid alternative to cash; there also needs to be measures in place for effective supervision and settlement of conflicts between the bank and the account holder;
Amendment 40 #
Motion for a resolution
Recital K
Recital K
Amendment 49 #
Motion for a resolution
Recital L
Recital L
L. whereas any initiative to ensure access to basic banking services must include protection against garnishment, to establish consumers' trust and prevent costs arising from unused accountsincrease low- income consumers' trust in the banking sector and to ensure they have access to basic banking services should also aim at improving both the account holders' financial literacy, so that they can as access a greater variety of banking services provided at market price in the EU as their financial situation improves over time;
Amendment 52 #
Motion for a resolution
Recital M
Recital M
M. whereas distortions of competition must be prevented and consumers' needs in under-banked regions must be taken into account and hence the scope of the initiative should be as broad as possible; whereas, in addition to credit institutions, access to core basic banking services could be provided by other payment service providers regulated by Directive 2007/64/ECin accordance with national and EU legislation in force;
Amendment 55 #
Motion for a resolution
Recital M a (new)
Recital M a (new)
Ma. whereas access to basic banking services could be provided in each EU Member State by one or more banking or non-banking institutions (other payment service providers) regulated by Directive 2007/64/EC;
Amendment 57 #
Motion for a resolution
Recital N
Recital N
N. whereas any initiative for universalat the regional, national and EU level to establish access to basic banking services must be flanked by well-designed communication campaigns raising awareness about both consumers' rights and providers' rights and obligations.
Amendment 63 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 2012, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a legislative proposal or proposals ensuringpresent the European Parliament by the end of 2014 with an independent impact assessment on Member States' legislative or non- legislative measures taking into account its Recommendation 2011/442/EU of 18 July 2011 on access to a basic banking services to all consumers living in the Union, following the detailed recommendations set out in the Annex heretopayment account, before presenting any legislative proposal that may be needed;
Amendment 69 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Confirms thatRequests the Commission and where appropriate the Member States to verify if the recommendations herein respect fundamental rights and the principles of subsidiarity and proportionality;
Amendment 71 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers thRequests the Commission and where appropriate the requested proposal does not have financial implicationMember States to assess if the proposal herein has or not any financial implications for their respective budgets;
Amendment 73 #
Proposal for a recommendation
Annex – introdactory part
Annex – introdactory part
The European Parliament considers that the legislation to be adoptedaccess to basic banking services should aim to regulate the following:
Amendment 74 #
Proposal for a recommendation
Annex – recommendation 1 – paragraph -1 (new)
Annex – recommendation 1 – paragraph -1 (new)
-1. Before presenting the Parliament and Council with a legislative proposal, the Commission should conduct an independent impact assessment to clarify the scope and means of such a proposal; The impact assessment should especially clarify the following points:
Amendment 76 #
Proposal for a recommendation
Annex – recommendation 1 – paragraph 1
Annex – recommendation 1 – paragraph 1
1. The legislation should oblige as many payment service providers as possible,Each Member State should decide how many payment service providers (banking or non-banking institutions) as defined in Article 4(9) of Directive 2007/64/EC, toshould provide access to basic banking services.
Amendment 93 #
Proposal for a recommendation
Annex – recommendation 1 – paragraph 3 – point b
Annex – recommendation 1 – paragraph 3 – point b
b. Payment service providers having carried out transactions totalling less than €3ma given amount in the previous year. The cut off point applicable in this regard should be specifically defined for each Member State after consultations with the relevant stakeholders therein and regularly updated. The Commission should be informed by Member States on their respective cut off points and for how long they will remain in force.
Amendment 95 #
Proposal for a recommendation
Annex – recommendation 1 – paragraph 4
Annex – recommendation 1 – paragraph 4
Amendment 105 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 5
Annex – recommendation 2 – paragraph 5
5. TheAny possible EU legislation should ensure that any consumer, that is to say any natural personEU citizen (hereafter referred to as 'the client'), who is acting for purposes other than his trade, business, craft or profession, legally resident in the Union has the right to open and use a basic bank account with a payment service provider operating in a Member State provided that the consumer does not already hold a basic bank account meeting the requirements of Union legislation as specified in these Recommendations in the territory of that Member State.
Amendment 107 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 6
Annex – recommendation 2 – paragraph 6
Amendment 113 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 7
Annex – recommendation 2 – paragraph 7
7. The right to access a basic bank account should apply irrespective of the consumer's nationality or place of residence in the Union. Criteria such as the level or regularity of income, employment, credit history, level of indebtedness, individual situation regarding bankruptcy or future activity of the account should not be taken into account for the opening a basic bank account. Access to a basic bank account should under no circumstances be made conditional on the purchase of other products or services, for instance insurance.
Amendment 119 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 8
Annex – recommendation 2 – paragraph 8
8. TheAny possible EU legislation should be applied without prejudice to Union rules, in particular providers’ obligation to terminate the basic bank account contract in exceptional circumstances under relevant Union or national legislation, such as legislation on money laundering. The account may also be closed in case of imposture, abuse of confidence or falsification of documents.
Amendment 122 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 9
Annex – recommendation 2 – paragraph 9
9. Member States should be obliged to ensure that due diligence procedures do not lead to discriminatory practices, for instance against marginalised groups, migrants, ethnic or religious minorities or people with no fixed address. Therefore, special consideration should be given to the means by which people with no fixed address can satisfy due diligence requirements and national best practices should be taken into account in order to effectively guarantee access to a core range of essential payment servifully respect the national and EU anti-discrimination legislation in forces.
Amendment 126 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 10
Annex – recommendation 2 – paragraph 10
Amendment 130 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 11
Annex – recommendation 2 – paragraph 11
11. TheAny possible EU legislation should obligeensure that payment service providers to act transparently in relation to a decision to deny or close a basic bank account. In order to allow the consumerlient to question the payment service provider's decision, the payment service provider should inform the consumer in writing of the reason for the refusal to open or decision to close a basic bank account. The client shall therefore have a mail address to enable written correspondence with the payment service provider. The provider should also be obliged to inform the consumerlient about possibilities for alternative dispute resolution mechanisms.
Amendment 133 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 12
Annex – recommendation 2 – paragraph 12
12. TheAny possible EU legislation should require the provider to act rapidlyin due time when verifying whether the consumerlient has right to access a basic bank account, whereby the provider must inform the consumer about grounds for any delay longer than two weeks. The provider may require consumerlients to be physically present in the nearest available branch to open the account.
Amendment 135 #
Proposal for a recommendation
Annex – recommendation 3 – paragraph 13
Annex – recommendation 3 – paragraph 13
13. TheAny possible EU legislation should enable the user of a basic bank account or client to make any essential payment transactions such as receiving income or benefits, paying bills or taxes and purchasing goods and services via both physical and remote channels using mainstream national systems where appropriate.
Amendment 139 #
Proposal for a recommendation
Annex – recommendation 3 – paragraph 14
Annex – recommendation 3 – paragraph 14
14. The payment service provider should not offer, explicitly or tacitly, any overdraft facilities or overrunning in conjunction with a basic bank account. A payment order to the consumerlient’s payment service provider should not be executed where such an execution would result in a negative balance of the consumerlient’s basic bank account. Access to credit should not be considered as a component of or a right related to a basic bank account, whatever the purpose or the form of the credit.
Amendment 143 #
Proposal for a recommendation
Annex – recommendation 3 – paragraph 15
Annex – recommendation 3 – paragraph 15
15. Access to a basic bank account should be free of chargprovided at a price lower than the standard fee for a deposit account at the given payment service provider unless it is already available for free.
Amendment 156 #
Proposal for a recommendation
Annex – recommendation 3 – paragraph 16
Annex – recommendation 3 – paragraph 16
16. Any default charges should be affordable and at least as favourable as the provider’s usual pricing policy. The legislation should ensure that the consumer does not bear any fee or penalty arising from circumstances independent of his/her will, such as insufficient funds in his account due to late payment of wages or social benefitsequal to the provider’s usual pricing policy.
Amendment 162 #
Proposal for a recommendation
Annex – recommendation 3 – paragraph 17 – section A – subparagraph 1
Annex – recommendation 3 – paragraph 17 – section A – subparagraph 1
The consumerlient should be provided with non- discriminatory access to basic personal service, such as over-the-counter service in branches and to the use of automatic teller machines (ATMs), including other banks’ ATMs where technically possible. The provider should not charge any fees related to the execution of, and the fees, where applicable, should be included in the overall management fee for a basic bank account management services.
Amendment 173 #
Proposal for a recommendation
Annex – recommendation 3 – paragraph 17 – section B – subparagraph 1
Annex – recommendation 3 – paragraph 17 – section B – subparagraph 1
For the execution of these services, the consumerlient should be entitled to non- discriminatory access to the different channels offered by the provider, such as manual transactions, transactions via ATM, and where possible online banking and phone banking. Member States should define a sufficient number of standard payment transactions that the provider must, on request, set up and execute on a monthly basis without imposing any charges, regardless of the channel used by the consumer. Where the consumer risks exceeding the maximum number of free transactions the provider should be required to inform the consumer accordingly. The provider should be permitted either to charge additional transactions in a cost-based way and aligned with its usual pricing policy or to refuse the execution of transaction and the provider’s usual pricing policy should apply for these additional services. The provider should also be permitted to demand a cost-based one-off charge for providing a payment card.
Amendment 175 #
Proposal for a recommendation
Annex – recommendation 3 – paragraph 17 – section C
Annex – recommendation 3 – paragraph 17 – section C
Amendment 179 #
Proposal for a recommendation
Annex – recommendation 3 – paragraph 17 – section D
Annex – recommendation 3 – paragraph 17 – section D
Amendment 185 #
Proposal for a recommendation
Annex – recommendation 4 – paragraph 18
Annex – recommendation 4 – paragraph 18
18. TheAny possible EU legislation should aim to make consumerlients aware about the possibility of opening a basic bank account. Accordingly, it should be accompanied by an ambitious communication strategy both at Union and Member State level and include duties for payment service providers to provide clear information to consumerconducted at the appropriate level to provide clear information to the payment service providers and their clients on their respective rights and obligations with respect to access to basic banking services.
Amendment 189 #
Proposal for a recommendation
Annex – recommendation 4 – paragraph 19
Annex – recommendation 4 – paragraph 19
19. Communication campaigns should be developed in cooperation with consumer organisations or social advisory bodies. AtIf conducted at the Union level, they should, in particular, raise awareness about the Union-wide availability of basic banking services and cross-border rights for access. Atthe added value of this for EU citizens involved in cross-border activities. If conducted at the Member State level, communication should aim at giving necessary and understandable information about basic bank accounts’ features, conditions and practical steps while addressing specific concerns, including those of unbanked citizens and migrantcommuting workers. Communication campaigns at Member State level should be multi-lingual, taking into account the most relevant mother tongues spoken by minority populations or migrantconducted in all its official languages.
Amendment 192 #
Proposal for a recommendation
Annex – recommendation 4 – paragraph 20
Annex – recommendation 4 – paragraph 20
Amendment 198 #
Proposal for a recommendation
Annex – recommendation 4 – paragraph 21
Annex – recommendation 4 – paragraph 21
21. Providers should, after identifying consumers’ needs, recommend a basic bank account if it fits the needs expressed by the consumer. Consumers interested in opening a basic bank account should receive information in a durable medium setting out the services included, the fact that they are not tied to purchasing other products or services, and the cost, if any. The information should be understandable, standardised and as simple as possible and distributed in any Union language requested by the costumer. Staff should make sure that the consumer has understood what his rights and obligations are when contracting such an accountof the official language(s) of that given EU Member State.
Amendment 200 #
Proposal for a recommendation
Annex – recommendation 4 – paragraph 22
Annex – recommendation 4 – paragraph 22
22. Information requirements deriving from the legislatioany possible EU legislation in this domain should be without prejudice to the requirements laid down by Directive 2007/64/EC concerning the provision of information to consumers.
Amendment 204 #
Proposal for a recommendation
Annex – recommendation 4 – paragraph 23
Annex – recommendation 4 – paragraph 23
23. Member States should be required to ensure that providers provide the competent national authorities with reliable information at least on the number of basic bank accounts opened, the number of applications for basic bank accounts refused and the grounds for such refusals, the number of terminations of such accounts. Such information should be provided in an aggregated form.
Amendment 206 #
Proposal for a recommendation
Annex – recommendation 4 – paragraph 24
Annex – recommendation 4 – paragraph 24
24. Each year, the competent national authorities should be required to provide aggregated information to the Commission, (Eurostat) and the European Banking Authority and the European Parliament, and the data should be published in an aggregated and understandable form.
Amendment 207 #
Proposal for a recommendation
Annex – recommendation 5 – paragraph 25
Annex – recommendation 5 – paragraph 25
25. The legislation should oblige Member States toshould designate competent authorities to ensure and monitor effective compliance with its requirements. Those designated competent authorities should be independent from payment service providers and consumer's associations or any other advisory groups representing clients of basic bank accounts.
Amendment 211 #
Proposal for a recommendation
Annex – recommendation 5 – paragraph 26
Annex – recommendation 5 – paragraph 26
26. Member States should be obliged to specify principles for sanctions to be imposed on providers for non-compliance with the basic bank account framework whichto ensure the sanctions constitute a deterrent, and competent authorities should be required and enabled to impose such sanctions. Funds collected via sanctions should be used for the purpose of the legislation to be adopted, for example, for financial education or compensatory payments.
Amendment 213 #
Proposal for a recommendation
Annex – recommendation 5 – paragraph 27
Annex – recommendation 5 – paragraph 27
27. Member States should closely monitor any distortions of competition between providers of basic bank accounts. Where a number of providers disproportionately shoulder the cost of providing basic bank accounts, financial compensation should be provided. While in under-banked Member States, additional support for the development of adequate infrastructure should be considered, intra-sector redistribution mechanisms should be sufficient in Member States with high bank account penetration. Competent authorities should facilitate the creation of a compensation fund to be financed by payment service providers within the scope of the legislation. Should the number of basic bank accounts be disproportionate to the economic importance of the individual provider, the provider should be entitled to benefit from compensatory payments.
Amendment 217 #
Proposal for a recommendation
Annex – recommendation 5 – paragraph 28
Annex – recommendation 5 – paragraph 28
28. Member States should be obliged to ensure that appropriate and effective complaints and redress procedures are established for the out-of-court settlement of disputes concerning the rights and obligations established under the principles set out in the legislation betweenof payment service providers and consumertheir clients, using existing bodies where appropriate. Alternative dispute resolution (ADR) bodies need to be independent, easily accessible and its services free of charge. Its decisions should be legally binding and easily accessible. In order to ensure its impartiality, equal representation of providers, consumers and other userlients and the competent national authorities needs to be ensured. Member States should be required to ensure that all basic bank account providers adhere to one or more such bodies implementing such complaint and redress procedures.
Amendment 219 #
Proposal for a recommendation
Annex – recommendation 5 – paragraph 29
Annex – recommendation 5 – paragraph 29
29. Member States should be required to ensure that ADR bodies actively cooperate in the resolution of cross-border disputes. Where disputes involve parties in different Member States, the use of FIN NET should be used toconsidered and assessed with respect to its efficiency in resolveing consumer complaints.
Amendment 220 #
Proposal for a recommendation
Annex – recommendation 6 – paragraph 30
Annex – recommendation 6 – paragraph 30
Amendment 221 #
Proposal for a recommendation
Annex – recommendation 6 – paragraph 30 a (new)
Annex – recommendation 6 – paragraph 30 a (new)
30a. The Commission should present the European Parliament with the results of the requested independent impact assessment on access to basic banking services in the EU Member States before the end of 2014.
Amendment 222 #
Proposal for a recommendation
Annex – recommendation 6 – paragraph 31
Annex – recommendation 6 – paragraph 31
Amendment 227 #
Proposal for a recommendation
Annex – recommendation 6 – paragraph 32
Annex – recommendation 6 – paragraph 32