Activities of Sergio Gaetano COFFERATI related to 2013/0139(COD)
Plenary speeches (1)
Payment accounts (debate)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features
Amendments (34)
Amendment 8 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) In all Member States automatic redirection services in case of switching should be introduced. The European Commission should conduct a preliminary analysis on the establishment of a system to ensure EU-wide payment account number portability.
Amendment 18 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) be operationally independent of any payment service provider;
Amendment 19 #
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(aa) clearly disclose their owners and funding;
Amendment 20 #
Proposal for a directive
Article 7 – paragraph 2 – point a b (new)
Article 7 – paragraph 2 – point a b (new)
(ab) be impartial and clearly set out the criteria used to determine a recommended payment account to a payment service user;
Amendment 21 #
Proposal for a directive
Article 7 – paragraph 2 – point a c (new)
Article 7 – paragraph 2 – point a c (new)
(ac) not display advertisements from payment service providers, their agents, affiliates or brands on the home page or on the comparison pages;
Amendment 22 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) use plain language and, where relevant, the termsas applicable, the Union standardised terminology referred to in Article 3, paragraph 5;
Amendment 23 #
Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(ea) have systems in place to avoid conflicts of interest, in order to ensure that any direct or indirect ownership or business relationships do not impede compliance with the conditions listed in this Paragraph;
Amendment 27 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. By the end of 2018 also European websites comparing fees charged by payment service providers for services offered on payment accounts in the different Member States shall be developed. European Commission shall establish, by that date, a public European comparison website, operated in cooperation with EBA. By that date, European Commission shall also develop through delegated act, in accordance with Art 24, a voluntary accreditation scheme for private European comparison websites. In order to be granted accreditation, European comparison websites operated by private operators shall respect all conditions listed in Paragraph 2. European Commission shall retain the right to refuse or withdraw accreditation from private operators in the event of a failure to comply with the obligations listed in Paragraph 2.
Amendment 28 #
Proposal for a directive
Article 7 – paragraph 5 b (new)
Article 7 – paragraph 5 b (new)
5b. European Commission shall establish and continuously update a single portal to provide the links of accredited comparison websites for each Member State and at European level. This portal shall also provide consumers with a glossary of the Union standardised terminology adopted in accordance with Article 3 and guidelines about cross- border switching of payment accounts. The portal shall also make public and easily available the list and the contacts of the different national competent authorities referred to in Art 20.
Amendment 29 #
Proposal for a directive
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall ensure that no fees, if any, are applied by the transferring payment service provider to the consumer for the termination of the payment account held with it are determined in accordance with Article 45(2) of Directive 2007/64/EC.
Amendment 30 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that no fees, if any, are 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.
Amendment 31 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded by that payment service provider. The burden of proof shall rest with the payment service provider, which shall demonstrate that the conditions laid down in Art 10 have been respected.
Amendment 33 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14a Right to have access to a payment account with basic features All legal residents in the European Union shall enjoy the right to have access to a payment account with basic features free of charge or as a maximum for a nominal fee. (This new Art should be put before Art 14)
Amendment 35 #
Proposal for a directive
Article 17 – paragraph 1
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 reasonableas a maximum for a nominal fee.
Amendment 36 #
Proposal for a directive
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. Member States shall ensure that the competent authorities establish what constitutes a reasonable fee according to one or sthe leveral of the following criteria:a nominal fee.
Amendment 37 #
Proposal for a directive
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
Amendment 38 #
Proposal for a directive
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
Amendment 39 #
Proposal for a directive
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
Amendment 40 #
Proposal for a directive
Article 17 – paragraph 3 – point d
Article 17 – paragraph 3 – point d
Amendment 41 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties. Where more than one competent authority is empowered to ensure and monitor effective compliance with this Directive, Member States shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively. Those authorities shall closely cooperate with the competent authorities of other Member States to ensure the correct and full application of the measures established in this Directive.
Amendment 73 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) In all Member States automatic redirection services in case of switching should be introduced. The European Commission should conduct a preliminary analysis on the establishment of a system to ensure EU-wide payment account number portability.
Amendment 113 #
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(aa) be impartial and clearly set out the criteria used to determine a recommended payment account to a payment service user;
Amendment 114 #
Proposal for a directive
Article 7 – paragraph 2 – point a b (new)
Article 7 – paragraph 2 – point a b (new)
(ab) not display advertisements from payment service providers, their agents, affiliates or brands on the home page or on the comparison pages;
Amendment 117 #
Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(ea) have systems in place to avoid conflicts of interest, in order to ensure that any direct or indirect ownership or business relationships do not impede compliance with the conditions listed in this Paragraph;
Amendment 126 #
Proposal for a directive
Article 10 – paragraph 3 – point a a (new)
Article 10 – paragraph 3 – point a a (new)
(aa) provide a mechanism for automated redirection of the standing orders and direct debits to the account held by the consumer with the receiving payment service provider during a period of at least one year. (This paragraph is (-a). This paragraph is to be put before Paragraph (a).)
Amendment 380 #
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(aa) clearly disclose their owners and funding;
Amendment 394 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. By the end of 2018 also European websites comparing fees charged by payment service providers for services offered on payment accounts in the different Member States shall be developed. European Commission shall establish, by that date, a public European comparison website, operated in cooperation with EBA. By that date, European Commission shall also develop through delegated act, in accordance with Art 24, a voluntary accreditation scheme for private European comparison websites. In order to be granted accreditation, European comparison websites operated by private operators shall respect all conditions listed in Paragraph 2. European Commission shall retain the right to refuse or withdraw accreditation from private operators in the event of a failure to comply with the obligations listed in Paragraph 2.
Amendment 395 #
Proposal for a directive
Article 7 – paragraph 5 b (new)
Article 7 – paragraph 5 b (new)
5b. European Commission shall establish and continuously update a single portal to provide the links of accredited comparison websites for each Member State and at European level. This portal shall also provide consumers with a glossary of the Union standardised terminology adopted in accordance with Article 3 and guidelines about cross- border switching of payment accounts. The portal shall also make public and easily available the list and the contacts of the different national competent authorities referred to in Art 20.
Amendment 506 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded by that payment service provider in due time. The burden of proof shall rest with the payment service provider, which shall demonstrate that the conditions laid down in Article 10 have been respected.
Amendment 517 #
Proposal for a directive
Article -14 a (new)
Article -14 a (new)
Article -14 a Right to have access to a payment account with basic features All legal residents in the European Union shall enjoy the right to have access to a payment account with basic features free of charge or as a maximum for a nominal fee.
Amendment 700 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties. Where more than one competent authority is empowered to ensure and monitor effective compliance with this Directive, Member States shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively. Those authorities shall closely cooperate with the competent authorities of other Member States to ensure the correct and full application of the measures established in this Directive.
Amendment 704 #
Proposal for a directive
Article 21 – paragraph 1 b (new)
Article 21 – paragraph 1 b (new)
1b. Member States shall ensure that payment service providers inform the consumer about the alternative dispute resolution entities by which they are covered and which are competent to deal with potential disputes between themselves and the consumer. They shall also specify whether or not they commit or are obliged to use these entities to resolve disputes with consumers.
Amendment 705 #
Proposal for a directive
Article 21 – paragraph 1 c (new)
Article 21 – paragraph 1 c (new)
1c. The information referred to in paragraph 1b shall be mentioned in a clear, comprehensible and easily accessible way on the providers' website, where one exists and in the general terms and conditions of sales or service contracts between the provider and the consumer.
Amendment 706 #
Proposal for a directive
Article 21 – paragraph 1 d (new)
Article 21 – paragraph 1 d (new)
1d. Member States may maintain or introduce alternative disputes resolution procedures dealing jointly with identical or similar disputes between a payment service provider and several consumers. Alternative disputes resolutions systems for both individual and collective disputes and redress shall be complementary and not mutually exclusive procedures.