15 Amendments of Peter SIMON related to 2013/0264(COD)
Amendment 350 #
Proposal for a directive
Article 53 – paragraph 1
Article 53 – paragraph 1
1. Where, for the use of a given payment instrument, the payee requests a charge or offers a reduction, the payee shall inform the payer thereof prior to the initiation of the payment transaction.
Amendment 353 #
Proposal for a directive
Article 53 – paragraph 2
Article 53 – paragraph 2
Amendment 355 #
Proposal for a directive
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
2a. Where a payment service provider is entitled to pass on third party costs, the payer shall not be obliged to pay for them if prior to initiating this payment information on the full amount was not given.
Amendment 359 #
Proposal for a directive
Article 55 – paragraph 1
Article 55 – paragraph 1
1. The payment service provider may not charge the payment service user for fulfilment of its information obligations or corrective and preventive measures under this Title, unless otherwise specified in Articles 70(1), 71(5) and 79(2). Those charges shall be agreed between the payment service user and the payment service provider and shall be appropriate and in line with the payment service provider’s actual costs. Upon request payment service providers shall disclose their actual costs.
Amendment 411 #
Proposal for a directive
Article 58 – paragraph 2 a (new)
Article 58 – paragraph 2 a (new)
2a. Personalised security features used by the payment service user to access his or her online banking application shall not be used to initiate payment orders through third party payment service providers.
Amendment 451 #
Proposal for a directive
Article 64 – paragraph 2
Article 64 – paragraph 2
2. Where a payment service user denies having authorised an executed payment transaction, the use of a payment instrument recorded by the payment service provider, including the third party payment service provider as appropriate, shall in itself not necessarily be sufficient to prove either that the payment transaction was authorised by the payer or that the payer acted fraudulently or failed with intent or gross negligence to fulfil one or more of the obligations under Article 61. Supporting evidence shall be given by the payment service provider, including the third party provider as appropriate, to prove fraud or gross negligence on part of the payer.
Amendment 466 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1
Article 66 – paragraph 1 – subparagraph 1
By way of derogation from Article 65 the payer may be obliged to bear the losses relating to any unauthorised payment transactions, up to a maximum of EUR 50, resulting from the use of a lost or stolen payment instrument or from the misappropriation of a payment instrument. This shall not apply if the loss, theft or misappropriation of a payment instrument was not detectable to the payer prior to a payment.
Amendment 474 #
Proposal for a directive
Article 66 – paragraph 2 a (new)
Article 66 – paragraph 2 a (new)
2a. The payer shall not bear any financial consequences resulting from use of a lost, stolen or misappropriated payment instrument if the resulting unauthorised payment was made possible by a known defraud method or a security breach, except where the payer himself has acted fraudulently.
Amendment 480 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 – introductory part
Article 67 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that a payer is entitled to a refund from the payment service provider of an authorised payment transaction initiated by or through a payee which has already been executed, if the following conditions are met:.
Amendment 483 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 – point a
Article 67 – paragraph 1 – subparagraph 1 – point a
Amendment 486 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 1 – point b
Article 67 – paragraph 1 – subparagraph 1 – point b
Amendment 489 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 2
Article 67 – paragraph 1 – subparagraph 2
Amendment 492 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 3
Article 67 – paragraph 1 – subparagraph 3
Amendment 493 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 4
Article 67 – paragraph 1 – subparagraph 4
For direct debits the payer has an unconditional right for refund within the time limits set in Article 68, except where the payee has already fulfilled the contractual obliga. The refund shall consist of the full amount of the executed payment transactions and the services have already been received or the goods have already been consumed by the payer. At the payment service provider's request, the payee shall bear the burden to prove that the conditions referred to in the third subparagraphcredit value date for the payer's payment account shall be no later than the date the amount has been debited. The underlying legal claim of a payee shall not be altered by the refund of a payment.
Amendment 519 #
Proposal for a directive
Article 79 – paragraph 5 a (new)
Article 79 – paragraph 5 a (new)
5a. In case an attempt to recover the funds in accordance with paragraph 3 fails, the payment service provider of the wrongly addressed payee shall provide all necessary contact information of the recipient of the funds to the payer to allow further proceedings.