16 Amendments of Burkhard BALZ related to 2013/0139(COD)
Amendment 182 #
Proposal for a directive
Recital 27
Recital 27
(27) Consumers who are legally resident in the Union and who do not hold a payment account in a certain Member Statethe Union should be in a position to open and use a payment account with basic features in that Member State State in which they have their habitual residence. In order to ensure the widest possible access to such accounts, consumers should have access to them irrespective of their financial circumstances, such as unemployment or personal bankruptcy, and of their place of residence. Personal ties, in the form of a centre of interests or place of work of study, with the particular Member State and with the area of operation of the payment service provider must be proved by the consumer. Moreover, the right to access a payment account with basic features in any Member State should be granted in conformity with the requirements set out in Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, in particular with regard to customer due diligence procedures.
Amendment 189 #
Proposal for a directive
Recital 28
Recital 28
(28) Member States should ensure that – taking into account the principles of a level playing field for competition and proportionality – at least one payment service provider offers a payment account with basic features to consumers. Access should not be overly difficult and should not entail excessive costs for consumers. In this respect, Member States should consider factors such as the location of the designated payment service providers in their territory. In order to minimise the risk for consumers to become financially excluded, Member States should improve financial education, including at school, and combat over- indebtedness. Furthermore, Member States should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education.
Amendment 196 #
Proposal for a directive
Recital 29
Recital 29
(29) To exercise their right to access a basic payment account, consumers should not already hold a payment account in the same territoryUnion and should demonstrably have been denied the opportunity to open a payment account. When it is not possible to use electronic systems to establish whether or not a consumer already holds a payment account, payment service providers should accept a declaration by consumers as a reliable means of verifying that they do not already hold a payment account. After it has been established that a consumer has a need for it, the payment service provider should offer the customer a payment account with basic features.
Amendment 218 #
Proposal for a directive
Article 1 – paragraph 1
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.
Amendment 254 #
Proposal for a directive
Article 3 – paragraph 1
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 those 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.
Amendment 324 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that payment service providers provide the consumer with a statement of all fees incurred on their payment account at least annually. If services are offered as part of a financial services package for which a single fee is chargeable, the financial services package shall be regarded as a single service and the fee as a unit fee.
Amendment 412 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall ensure that payment service providers provide a switching service as described in Article 10 to any consumer who holds a payment account with a payment service provider located in the Unionir territory.
Amendment 535 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that – taking into account the principles of a level playing field for competition and proportionality – at least one payment service provider in their territory 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.
Amendment 540 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States should be permitted to exempt from the obligation to provide a basic bank account: - payment service providers operating on a non-profit basis, or not operating in general retail banking, or requiring membership on defined criteria, such as profession; - payment service providers having carried out transactions totalling less than €3m in the previous year.
Amendment 544 #
Proposal for a directive
Article 15 – paragraph 2
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 in the State in which they have their habitual residence. 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 openThe consumer shall, however, have a link – in the form of personal ties such as a centre of interests or place of work or study – to the Member State concerned and to the field of business of the payment service provider in which he intends to open a basic bank account. The right of access to a payment account with basic features should apply only to consumers who do not already hold a payment account ing 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. Union and who demonstrably have been denied the opportunity to open a payment account. When it is not possible to use electronic systems to establish whether or not a consumer already holds a payment account, payment service providers should accept a declaration by consumers as a reliable means of verifying that they do not already hold a payment account. Member States shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer. Once it has been established that a consumer has a need for it, the payment service provider shall offer the customer a payment account with basic features.
Amendment 560 #
Proposal for a directive
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) Where a consumer already holds a payment account, with a payment service provider located in their territory, Union which allows him to make use of the payment services listed in Article 17(1);
Amendment 570 #
Proposal for a directive
Article 15 – paragraph 3 – point aa (new)
Article 15 – paragraph 3 – point aa (new)
(aa) where a consumer is unable to prove that his application to open a payment account has been refused;
Amendment 666 #
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) there has been no transaction on the account for more than 12 consecutive months and fees owing to the payment service provider have not been paid;
Amendment 670 #
Proposal for a directive
Article 18 – paragraph 2 – point d
Article 18 – paragraph 2 – point d
(d) the consumer is no longer legally resident in the Union or has subsequently opened a second payment account in the Member State where he already holds a payment account with basic features in the Union.
Amendment 674 #
Proposal for a directive
Article 18 – paragraph 2 – point d a (new)
Article 18 – paragraph 2 – point d a (new)
(da) the actions of the consumer are such as to constitute a flagrant disturbance or threat to the staff or clientele of the payment service provider.
Amendment 695 #
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Member States shall support initiatives to improve financial education at schools and elsewhere. The risk of financial exclusion shall be minimised for all consumers. Furthermore, encouragement shall be given to initiatives by payment service providers seeking to combine provision of a payment account with basic features and financial education services.