16 Amendments of Sylvie GOULARD related to 2013/0264(COD)
Amendment 151 #
Proposal for a directive
Recital 14
Recital 14
(14) Similarly, Directive 2007/64/EC exempted from its scope payment services offered by deployers of automated teller machines (hereinafter ‘ATMs’) independent from banks or other payment service providers. Originally devised as incentive to install stand-alone ATMs in remote and poorly populaThe exemption has created legal uncertainty and a fragmented mareas by allowing them to charge extra fees on top of fees paid to the payment service providers that issued the card, the provision was not intended to be used by ATM providers with networks comprising hundreds or even thousands of ATMs, covering one or more Member States. It leads to non-appket leading to substantial differences among Member States, with direct regulation in some markets and no regulation in others. Consequently, the exemption should be deleted in order to facilictation of that Directive to a growing part of the ATM market, with negative effects on the consumer protection. It also incentivises the existing ATM providers to redesign their business model and cancel the usual contractual relation with the payment service providers in order to charge higher fees directly on the consumers. Consequently, the exemption should be deletede the emergence of an internal market for independent ATM deployers, ensure secure and easy access to cash, promote innovation of ATM services and greater financial inclusion.
Amendment 185 #
Proposal for a directive
Recital 51
Recital 51
(51) It is necessary to set up the criteria under which TPPs are allowed to access and use the information on the availability of funds on the payment service user account held with another payment service provider. In particular, necessary data protection and security requirements set or referred to in this Directive or included in the EBA guidelineimplementing technical standards should be fulfilled by both the TPP and the payment service provider servicing the account of the payment service user. The payers should give an explicit consent to the TPP to access their payment account and be properly informed about the extent of this access. To allow the development of other payment services providers which cannot receive deposits, it is necessary that credit institutions provide them with the information on the availability of funds if the payer has given consent for this information to be communicated to the payment service provider issuer of the payment instrument.
Amendment 201 #
Proposal for a directive
Recital 63 a (new)
Recital 63 a (new)
(63a) Charging in the ATM industry (hereinafter ‘direct charging’) however is inherently different from surcharging in a point of sale context. Direct charging at an ATM is the means by which an independent ATM deployer is remunerated by cardholders for the convenience of withdrawing cash from a machine that is not provided by their own bank.
Amendment 212 #
Proposal for a directive
Recital 80
Recital 80
(80) In order to ensure consistent application of this Directive, the Commission should be able to rely on the expertise and support of EBA, which should have the task to elaborate guidelines and prepare regulatoryprepare implementing technical standards on security aspects regarding payment services, and on the cooperation between Member States in the context of the provision of services and establishment of authorised payment institutions in other Member States. The Commission should be empowered to adopt those regulatory technical standards. These specific tasks are fully in line with the role and responsibilities of EBA defined in Regulation (EU) No 1093/2010, under which the EBA has been set up.
Amendment 277 #
Proposal for a directive
Article 4 – paragraph 1 – point 38 a (new)
Article 4 – paragraph 1 – point 38 a (new)
38a. ‘independent ATM deployer’ means a payment service provider which is not a party to the framework contract and which enables cash withdrawals and other payment services to the payer by means of automated teller machines;
Amendment 278 #
Proposal for a directive
Article 4 – paragraph 1 – point 38 b (new)
Article 4 – paragraph 1 – point 38 b (new)
38b. ‘automated teller machine’ or ‘ATM’ means an electronic telecommunications device that enables a payer to withdraw cash and perform other payment transactions without the need for a cashier;
Amendment 279 #
Proposal for a directive
Article 4 – paragraph 1 – point 38 c (new)
Article 4 – paragraph 1 – point 38 c (new)
38c. ‘ATM interchange fee’ means a fee paid by the payment service provider where the payer holds a payment account or prepaid funds to remunerate the services that an ATM deployer provides to the account holder of owner of prepaid funds, such as cash withdrawals in any currency.
Amendment 282 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
The security control and mitigation measures referred to in point (j) shall indicate how they ensure a high level of technical security, including for the software and IT systems used by the applicant or the undertakings it sub- contracts to for the whole or part of its operations. Those measures shall also include the security measures laid down in Article 86(1). Those measures shall take into account the guidelinecomply with the implementing technical standards on security measures of the European Banking Authority (EBA) referred to in Article 86(2) when in place.
Amendment 348 #
Proposal for a directive
Article 52 – paragraph 2 – subparagraph 1
Article 52 – paragraph 2 – subparagraph 1
Where a currency conversion service is offered prior to the initiation of the payment transaction and where that currency conversion service is offered at an ATM, the point of sale or by the payee, the party offering the currency conversion service to the payer shall disclose to the payer all charges as well as the exchange rate to be used for converting the payment transaction.
Amendment 379 #
Proposal for a directive
Article 55 – paragraph 4 a (new)
Article 55 – paragraph 4 a (new)
4a. No charge may directly or indirectly be imposed on the payer by the payment service provider where he/she holds the relevant payment account for cash withdrawals at ATMs operated by independent ATM deployers which use direct charging as a remuneration model
Amendment 506 #
Proposal for a directive
Article 68 a (new)
Article 68 a (new)
Article 68a Access to and use of payment services provided by independent ATM deployers 1. Member States shall ensure that a payer has the right to make use of an independent ATM deployer to obtain payment services as referred to in point (2) of Annex I. Member States shall not impose restrictions on the locations or types of premises where independent ATM deployers can provide their services provided they comply with the relevant security requirements under the present Directive. 2. Independent ATM deployers shall be free to choose direct charging, ATM interchange fee or any other mechanism to remunerate their services. Payment systems and payment service providers shall not prevent independent ATM deployers from choosing their remuneration model. Direct charges shall comply with the transparency requirements referred to in Articles 52 and 53 and with Article 55 (5). ATM interchange fees shall be based on EU-wide, transparent, reasonable standard principles developed and annually updated by a competent authority designated by the Member States. 3. Where an independent ATM deployer has been authorised by the payer to provide payment services under paragraph 1, it shall have the following obligations: (a) to ensure that the personalised security features of the payer are not accessible to other parties; (b) not to store sensitive payment data or personalised security credentials of the payer.
Amendment 551 #
Proposal for a directive
Article 86 – paragraph 2
Article 86 – paragraph 2
2. Without prejudice to Articles 14 and 15 of Directive [NIS Directive] [OP please insert number of Directive once adopted], EBA shall, in close cooperation with the ECB, develop guidelineimplementing technical standards with regard to the establishment, implementation and monitoring of the security measures, including certification processes when relevant. It shall, inter alia, take into account the standards and/or specifications published by the Commission under Article 16(2) of Directive [NIS Directive] [OP please insert number of Directive once adopted].
Amendment 552 #
Proposal for a directive
Article 86 – paragraph 3
Article 86 – paragraph 3
3. EBA shall, in close cooperation with the ECB, review the guidelines on a regularly basis, but at least every two yearimplementing technical standards on a regularly basis.
Amendment 553 #
Proposal for a directive
Article 86 – paragraph 4
Article 86 – paragraph 4
4. Without prejudice to Articles 14 and 15 of Directive [NIS Directive] [OP please insert number of Directive once adopted], EBA shall issue guidelinedevelop implementing technical standards to facilitate payment service providers in qualifying major incidents and the circumstances under which a payment institution is required to notify a security incident. Those guidelinestandards shall be issued by (insert date - two years of the date of entry into forceefore the final date of transposition of this Ddirective).
Amendment 557 #
Proposal for a directive
Article 87 – paragraph 1
Article 87 – paragraph 1
1. Member States shall ensure that a payment service provider or a third party payment service provider applies strong customer authentication when the payer initiates an electronic payment transaction unless EBA guidelineimplementing technical standards allow specific exemptions based on the risk involved in the provided payment service. This also applies to a third party payment service provider when initiating a payment transaction on behalf of the payer. The account servicing payment service provider shall allow the third party payment service provider to rely on the authentication methods of the former when acting on behalf of the payment service user.
Amendment 564 #
Proposal for a directive
Article 87 – paragraph 3
Article 87 – paragraph 3
3. EBA shall, in close cooperation with the ECB, issue guidelinedevelop implementing technical standards addressed to payment service providers as set out in Article 1(1) of this Directive in accordance with Article 16 of Regulation (EU) No 1093/2010 on state of the art customer authentication and any exemption to the use of strong customer authentication. Those guidelines shall be issued by (insert date - two years from the date of entry into forcestandards shall enter into force before the final date of transposition of this Directive) and be updated on a regular basis as appropriate.