BETA

Activities of Sari ESSAYAH related to 2013/0139(COD)

Plenary speeches (1)

Payment accounts (debate)
2016/11/22
Dossiers: 2013/0139(COD)

Amendments (61)

Amendment 222 #
Proposal for a directive
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.
2013/09/10
Committee: ECON
Amendment 231 #
Proposal for a directive
Article 2 – paragraph 1 – point g
(g) ‘transferring payment service provider’ means the current payment service provider from which theof the consumer who transfers information on all or some recurrent payments is transferredto the receiving payment service provider;
2013/09/10
Committee: ECON
Amendment 232 #
Proposal for a directive
Article 2 – paragraph 1 – point h
(h) ‘receiving payment service provider’ means the new payment service provider with whom the consumer agrees on and opens a new payment account and to which the information on all or some recurrent payments is transferred by the transferring payment service provider;
2013/09/10
Committee: ECON
Amendment 236 #
Proposal for a directive
Article 2 – paragraph 1 – point m
(m) ‘switching’ means, upon a consumer's request, transferring from oneonce from the transferring payment service provider to anoththe receiving payment service provider the information about all or some standing orders for credit transfers, recurring direct debits and recurring incoming credit transfers executed on a former payment account, with or without transferring the positive account balance from onethe former payment account to the othernew payment account or closing the former account within a Member State;
2013/09/10
Committee: ECON
Amendment 242 #
Proposal for a directive
Article 2 – paragraph 1 – point r a (new)
(ra) 'business day' means a day on which the relevant payment service provider of the payer or the payment service provider of the payee involved in the execution of a payment transaction is open for business as required for the execution of a payment transaction as defined in Article 4(27) of Directive 2007/64/EC;
2013/09/10
Committee: ECON
Amendment 253 #
Proposal for a directive
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 20list of 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.
2013/09/10
Committee: ECON
Amendment 261 #
Proposal for a directive
Article 3 – paragraph 2
2. For the purposes of paragraph 1, the competent authorities shall have regard to the services: (1) most commonly used by consumers in relation to their payment account; (2) which generate the highest cost for consumers per service; (3) which generate the highest overall cost for consumers; (4) which generate the highest profit for payment service providers per service; (5) which generate the highest overall profit for payment service providers. The EBA shall develop guidelines pursuant to Article 16 of Regulation (EU) No 1093/2010 to assist the competent authorities.deleted
2013/09/10
Committee: ECON
Amendment 264 #
Proposal for a directive
Article 3 – paragraph 3
3. Member States shall notify to the Commission the provisional lists referred to in paragraph 1 within 6 monthsone year of the entry into force of this Directive.
2013/09/10
Committee: ECON
Amendment 267 #
Proposal for a directive
Article 3 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 24, concerning the setting out, on the basis of the provisional lists submitted pursuant to paragraph 3, of an EU standardised terminology for those payment services that are common to at least a majority of Member States. The EU standardised terminology will include common terms and definitions for the common services.
2013/09/10
Committee: ECON
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 5
5. After the publication in the Official Journal of the European Union of the delegated acts referred to in paragraph 4, each Member State shall without delay integrate the EU standardised terminology adopted pursuant to paragraph 4 into the provisional list referred to in paragraph 1 and shall publish this list.
2013/09/10
Committee: ECON
Amendment 281 #
Proposal for a directive
Article 4 – paragraph 1
1. Member States shall ensure that before entering into a contract for a payment account with a consumer, payment service providers provide the consumer with a fee information document containing the list of the most representative services referred to in paragraph 51 of Article 3 and the corresponding fees for each service.
2013/09/10
Committee: ECON
Amendment 291 #
Proposal for a directive
Article 4 – paragraph 2
2. Where one or more payment services referred to in paragraph 1 is offered as part of a package of financial services, the fee information document shall disclose which of the services referred to in paragraph 1 are included in the package, and the fee for the entire package and the fee for any service that is not referred to in paragraph 1.
2013/09/10
Committee: ECON
Amendment 295 #
Proposal for a directive
Article 4 – paragraph 3
3. The title ‘fee information document’ shall prominently appear at the top of the first page of the fee information document next to a common symbol to distinguish the document from other documentation.deleted
2013/09/10
Committee: ECON
Amendment 300 #
Proposal for a directive
Article 4 – paragraph 4
4. Member States shall ensure that payment service providers make available to consumers a glossary of at least the list of payment services referred to in paragraph 1 and the related definitions.deleted
2013/09/10
Committee: ECON
Amendment 304 #
Proposal for a directive
Article 4 – paragraph 5
5. Member States shall establish an obligation for payment service providers to ensure that the glossary is drafted in clear, unambiguous and non-technical language.deleted
2013/09/10
Committee: ECON
Amendment 313 #
Proposal for a directive
Article 4 – paragraph 7
7. The Commission shall be empowered to adopt implementing acts pursuant to Article 26 to define the format of the fee information document, its common symbol and the order in which the services referred to in paragraph 5 of Article 3 shall be presented in the fee information document.deleted
2013/09/10
Committee: ECON
Amendment 328 #
Proposal for a directive
Article 5 – paragraph 1
1. Member States shall ensure that payment service providers provide upon request by the consumer with a statement of all fees incurred on their payment account at least annually. The statement may be provided or made available electronically.
2013/09/10
Committee: ECON
Amendment 329 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
2a. If payment services are provided as a single package, the statement referred to in paragraph 1 shall include, deviating from points (a) and (b) in subparagraph 1 in paragraph 2, the fees charged for the entire package during the relevant period.
2013/09/10
Committee: ECON
Amendment 333 #
Proposal for a directive
Article 5 – paragraph 2 – point a
(a) the unit fee charged for each service, the number of times the service was used during the relevant period and the date on which the service was used;deleted
2013/09/10
Committee: ECON
Amendment 347 #
Proposal for a directive
Article 5 – paragraph 3
3. The title ‘statement of fees’ shall prominently appear at the top of the first page of the statement next to a common symbol to distinguish the document from other documentation.deleted
2013/09/10
Committee: ECON
Amendment 349 #
Proposal for a directive
Article 5 – paragraph 4
4. The Commission shall be empowered to adopt implementing acts pursuant to Article 26 to define the format of the statement of fees, its common symbol and the order in which the servicMember States shall define the format of the statement of fees referred to in paragraph 51 of Article 3 shall be presented in the statement of fees.
2013/09/10
Committee: ECON
Amendment 362 #
Proposal for a directive
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 51.
2013/09/10
Committee: ECON
Amendment 363 #
Proposal for a directive
Article 6 – paragraph 2
2. Payment service providers may use brand names to designate their services in their contractual and commercial information, subject to the condition that they identify, where relevant, the corresponding term in the list referred to in Article 3, paragraph 5. Payment service providers shall not use brand names in the fee information document or the statement of fees1.
2013/09/10
Committee: ECON
Amendment 410 #
Proposal for a directive
Article 9 – paragraph 1
Member States shall ensure that the transferring and receiving payment service providers located in the Union provide a switching service within the same Member State as described in Article 10, or equivalent, to any consumer who holds a payment account with a payment service provider located in the Union.
2013/09/10
Committee: ECON
Amendment 433 #
Proposal for a directive
Article 10 – paragraph 3 – introductory part
3. Within onthree business days from the receipt of the authorisation referred to in paragraph 2, the receiving payment service provider shall request the transferring payment service provider to carry out the following tasks:
2013/09/10
Committee: ECON
Amendment 459 #
Proposal for a directive
Article 10 – paragraph 4 – point a
(a) set up within seven calendarbusiness days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation;
2013/09/10
Committee: ECON
Amendment 474 #
Proposal for a directive
Article 10 – paragraph 6 – point a
(a) send the receiving payment service provider the information indicated in points (a), (b) and (c) of paragraph 3 within seven calendarbusiness days of receiving the request, the time limit starting from the point after the transferring payment service provider received the consumer's verification;
2013/09/10
Committee: ECON
Amendment 492 #
Proposal for a directive
Article 10 – paragraph 8
8. Member States shall ensure that the provisions contained in paragraphs 1 to 7 also apply when the switching service is initiated by a payment service provider located in another Member State.deleted
2013/09/10
Committee: ECON
Amendment 496 #
Proposal for a directive
Article 10 – paragraph 9
9. In the case indicated in paragraph 8, the deadlines indicated in paragraphs 3, 4 and 6 shall be doubled. The present provision shall be subject to review pursuant to Article 27.deleted
2013/09/10
Committee: ECON
Amendment 503 #
Proposal for a directive
Article 11 – paragraph 4
4. Member States shall ensure that fees, if any, applied by the transferring or the receiving payment service provider to the consumer for any service provided under Article 10, other than those referred to in paragraphs 1 to 3, shall be appropriate and in line with the actual costs of that payment service provider.
2013/09/10
Committee: ECON
Amendment 508 #
Proposal for a directive
Article 12 – paragraph 1
1. Member States shall ensure that any financial losfees and charges incurred by the consumer resulting from the non-complianceerrors of a payment service provider involved in the switching process with its obligations under Article 10 isare refunded by that payment service provider.
2013/09/10
Committee: ECON
Amendment 510 #
Proposal for a directive
Article 12 – paragraph 2
2. Consumers shall not bear any financial loss resulting from mistakes or delays in updating their payment account details by a payer or payee.deleted
2013/09/10
Committee: ECON
Amendment 537 #
Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that at least one payment service provider in their territory within a Member State offers a payment account with basic features to consumers. Member States shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities.
2013/09/10
Committee: ECON
Amendment 542 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
1a. Member States shall be able to designate, based on the principles of transparency, non-discrimination and proportionality, one, several or all payment service providers. The measures to be adopted by Member States in this respect shall not create distortions of competition between payment service providers and shall be based on the principles of transparency, non- discrimination and proportionality.
2013/09/10
Committee: ECON
Amendment 554 #
Proposal for a directive
Article 15 – paragraph 2
2. Member States shall ensure that consumers legally resident in the Union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1. Such a right shall apply irrespective of the consumer's place of residence. Member States shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer. Before opening the payment account with basic features, payment service providers shall verify whether the consumer holds or does not hold a payment account in their territory. Member States shall ensure that the payment service provider may rely on the declaration of the consumer to determine whether he/she already holds a payment account within its territory.
2013/09/10
Committee: ECON
Amendment 568 #
Proposal for a directive
Article 15 – paragraph 3 – point b
(b) where the conditions established by Chapter II of Directive 2005/60 or other relevant Union and national legislation are not satisfied.;
2013/09/10
Committee: ECON
Amendment 576 #
Proposal for a directive
Article 15 – paragraph 3 – point b a-b (new)
(ba) where there are weighty grounds for the refusal; (bb) the weighty grounds shall be linked to the consumer or his/her earlier behaviour. Such grounds may relate for instance to (a) criminal offences such as fraud committed by the consumer; (b) false and misleading information provided by the consumer resulting to an unjustified access to a payment account with basic features; (c) a risk for the payment service provider of supporting criminal activities; (d) essential and persistent breaches of contract; or (e) any other grounds being similar to ones listed in paragraph 2, points (a) to (d).
2013/09/10
Committee: ECON
Amendment 589 #
Proposal for a directive
Article 15 – paragraph 4
4. Member States shall ensure that, in the cases indicated in paragraph 3, the payment service provider immediately informs the consumer of the refusal, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy or the relevant Union or national legislation.
2013/09/10
Committee: ECON
Amendment 591 #
Proposal for a directive
Article 15 – paragraph 5
5. Member States shall ensure that, in the cases indicated in paragraph 3(b), the payment service provider adopts appropriate measures pursuant to Chapter III of Directive 2005/60.deleted
2013/09/10
Committee: ECON
Amendment 598 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
1. Member States shall ensure that a payment account with basic features includes the followingessential payment services. Member States shall take into consideration the Recommendation 2011/442/EU when determining which payment services: are essential.
2013/09/10
Committee: ECON
Amendment 599 #
Proposal for a directive
Article 16 – paragraph 1 – point a
(a) services enabling all the operations required for the opening, operating and closing of a payment account;deleted
2013/09/10
Committee: ECON
Amendment 601 #
Proposal for a directive
Article 16 – paragraph 1 – point b
(b) services enabling money to be placed on a payment account;deleted
2013/09/10
Committee: ECON
Amendment 604 #
Proposal for a directive
Article 16 – paragraph 1 – point c
(c) services enabling cash withdrawals within the Union from a payment account;deleted
2013/09/10
Committee: ECON
Amendment 611 #
Proposal for a directive
Article 16 – paragraph 1 – point d
(d) execution of the following payment transactions within the Union: (1) direct debit; (2) payment transactions through a payment card, including online payments; (3) credit transfers.deleted
2013/09/10
Committee: ECON
Amendment 627 #
Proposal for a directive
Article 16 – paragraph 2
2. Member States shall determine, for all the services referred to in paragraph 1, a minimum number of operations which will be provided to the consumer for the fee, if any, referred to in Article 17. The minimum number of operations shall be reasonable and in line with the common commercial practice in the Member State concerned.deleted
2013/09/10
Committee: ECON
Amendment 640 #
Proposal for a directive
Article 17 – paragraph 1
1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or for a reasonable fee.
2013/09/10
Committee: ECON
Amendment 656 #
Proposal for a directive
Article 17 – paragraph 4
4. The EBA shall develop guidelines pursuant to Article 16 of Regulation (EU) No 1093/2010 to assist the competent authoritiesdeleted
2013/09/10
Committee: ECON
Amendment 658 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
1a. Member States shall ensure that a payment service provider may unilaterally terminate a framework contract under terms and conditions which are non- discriminatory and reasonable under relevant Union or national legislation.
2013/09/10
Committee: ECON
Amendment 660 #
Proposal for a directive
Article 18 – paragraph 2 – introductory part
2. The payment service provider may unilaterally terminate a framework contract where at least one of the following conditions is metfor instance when:
2013/09/10
Committee: ECON
Amendment 664 #
Proposal for a directive
Article 18 – paragraph 2 – point a
(a) the consumer deliberately used or abused the account for criminal activitiillegal purposes;
2013/09/10
Committee: ECON
Amendment 665 #
Proposal for a directive
Article 18 – paragraph 2 – point b
(b) there has been no transaction on the account for more than 12 consecutive months;deleted
2013/09/10
Committee: ECON
Amendment 679 #
Proposal for a directive
Article 18 – paragraph 2 – point d a (new)
(da) the consumer provided false or misleading information which is essential for the contractual relationship;
2013/09/10
Committee: ECON
Amendment 681 #
Proposal for a directive
Article 18 – paragraph 2 – point d b (new)
(db) the consumer perpetrated essential breach of the contract;
2013/09/10
Committee: ECON
Amendment 683 #
Proposal for a directive
Article 18 – paragraph 2 – point d c (new)
(dc) the consumer has rejected an offer of altered terms and conditions made by the payment service provider pursuant to Directive 2007/64/EC.
2013/09/10
Committee: ECON
Amendment 684 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
2a. In these or similar cases, the payment service provider has right to terminate the contract immediately or as soon as possible.
2013/09/10
Committee: ECON
Amendment 685 #
Proposal for a directive
Article 18 – paragraph 2 b (new)
2b. The payment service provider's right to terminate a framework contract is without prejudice to obligations to terminate the contract or suspend the provision of the service under relevant Union or national legislation.
2013/09/10
Committee: ECON
Amendment 691 #
Proposal for a directive
Article 18 – paragraph 3
3. Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination at least 2 months before the termination enters into force, in writing and free of charge unless otherwise provided by the relevant Union or national legislation.
2013/09/10
Committee: ECON
Amendment 710 #
Proposal for a directive
Article 23
Article 23 Delegated acts The Commission shall be empowered to adopt delegated acts in accordance with Article 24 concerning Article 3(4).
2013/09/10
Committee: ECON
Amendment 713 #
Proposal for a directive
Article 24
Article 24 Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The delegation of power referred to in Article 23 shall be conferred for an indeterminate period of time from the date of entry into force of this Directive. 3. The delegation of powers referred to in Article 23 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 5. A delegated act adopted pursuant to Article 23 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.Deleted
2013/09/10
Committee: ECON
Amendment 715 #
Proposal for a directive
Article 25
Article 25 Implementing acts 1. For the adoption of implementing acts under Article 4 and 5, the Commission shall be assisted by the European Banking Committee established by Commission Decision 2004/10/EC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.Deleted
2013/09/10
Committee: ECON
Amendment 733 #
Proposal for a directive
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.
2013/09/10
Committee: ECON