Awaiting Parliament 1st reading / single reading / budget 1st stage
2012/2055(INI) Access to basic banking services
Next event: Debate scheduled 2012/07/03 more...
Lead committee dossier: ECON/7/08181
Next event: Debate scheduled 2012/07/03 more...
- Prev DG PRES 2012/07/03
- Vote scheduled 2012/07/04
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ECON | KLUTE Jürgen (GUE/NGL) | |
| Opinion | EMPL | ||
| Opinion | IMCO | GEBHARDT Evelyne (S&D) | |
| Opinion | REGI |
Subjects
Activites
-
2012/07/04
Vote scheduled
-
2012/07/03
Debate scheduled
-
2012/07/03
Prev DG PRES
- DG {'url': 'http://ec.europa.eu/dgs/internal_market/', 'title': 'Internal Market and Services'}, BARNIER Michel
-
2012/06/08
Committee report tabled for plenary, single reading
- A7-0197/2012
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2012/05/31
Vote in committee, 1st reading/single reading
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2012/03/29
Deadline Amendments
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2012/03/15
Committee referral announced in Parliament, 1st reading/single reading
- 2012/02/23 Committee draft report
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2011/07/18
Date
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2011/07/18
Non-legislative basic document
- C(2011)4977
- DG {'url': 'http://ec.europa.eu/dgs/internal_market/', 'title': 'Internal Market and Services'}, BARNIER Michel
Documents
- Non-legislative basic document published: C(2011)4977
- Committee draft report: PE480.691
- Committee report tabled for plenary, single reading: A7-0197/2012
| Amendments | Dossier |
| 318 |
2012/2055(INI)
2012/03/30
ECON
231 amendments...
Amendment 1 #
Motion for a resolution Citation 3 a (new) - having regard to the Commission Communication entitled 'Europe 2020: A strategy for smart, sustainable and inclusive growth' (COM(2010)2020),
Amendment 10 #
Motion for a resolution Recital B B. whereas access to basic banking services is a precondition for consumers to benefit from the internal market, notably from cross-border migration, money transfer and the purchase of goods and services at
Amendment 100 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 5 5. The legislation should ensure that any consumer, that is to say any natural person who is acting for purposes other than his trade, business, craft or profession, legally resident in the Union has the right to open and use, in the State where he has his habitual residence, a basic bank account with a payment service provider operating in
Amendment 101 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 5 5. The legislation should ensure that any consumer
Amendment 102 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 5 5. The legislation should ensure that any consumer, that is to say any natural person who is acting for purposes other than his trade, business, craft or profession, legally resident in the Union has the right to open and use a basic bank account with a payment service provider operating in a Member State provided that the consumer does not already hold a basic bank account
Amendment 103 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 5 5. The legislation should ensure that any consumer, that is to say any natural person who is acting for purposes other than his trade, business, craft or profession, legally resident in the Union has the right to open and use a basic bank account with a payment service provider operating in a Member State provided that the consumer does not already hold a basic bank account fully meeting the requirements of Union legislation as specified in these Recommendations in the territory of that Member State. The right to open a basic bank account should not be limited if the consumer already holds additional bank accounts, including basic bank accounts, in another Member State.
Amendment 104 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 5 5. The legislation should ensure that any consumer, that is to say any natural person who is acting for purposes other than his trade, business, craft or profession, legally resident in the Union has the right to open and use a basic bank account, in the country where he or she habitually resides, with a payment service provider operating in a Member State provided that the consumer does not already hold a current account or basic bank account meeting the requirements of Union legislation as specified in these Recommendations in the territory of that Member State. Proof of identity when opening a basic bank account is necessary.
Amendment 105 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 5 5.
Amendment 106 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 5 5. The legislation should ensure that any consumer, that is to say any natural person who is acting for purposes other than his trade, business, craft or profession, legally resident in the Union has the right to open and use a basic bank account with a payment service provider operating in a Member
Amendment 107 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 6 Amendment 108 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 6 6.
Amendment 109 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 6 6. The legislation should ensure that it is not unduly burdensome for consumers to demonstrate that they do not already hold
Amendment 11 #
Motion for a resolution Recital B a (new) Ba. whereas access to basic banking services is increasingly becoming a prerequisite for social inclusion in terms of access to employment, healthcare and housing;
Amendment 110 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 6 6. The legislation should ensure that it is not unduly burdensome for consumers to demonstrate that they do not already hold a basic bank account in the territory of the Member State concerned, and provide for a declaration by the consumer to that effect during the application process.
Amendment 111 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 6 6. The legislation should ensure that it is not unduly burdensome for consumers to demonstrate that they do not already hold a
Amendment 112 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 6 6. The legislation should ensure that it is not unduly burdensome for consumers to demonstrate that they do not already hold a basic bank account in the Member Sate, and provide for a declaration by the consumer to that effect during the application process.
Amendment 113 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 7 7.
Amendment 114 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 7 7. The right to access a basic bank account
Amendment 115 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 7 7. The right to access a basic bank account should apply irrespective of the
Amendment 116 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 7 7. The right to access a basic bank account should apply irrespective of the consumer's nationality or place of residence in the Union. Criteria such as the level or regularity of income, employment, credit history, level of indebtedness, individual situation regarding bankruptcy or future activity of the account should not be taken
Amendment 117 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 7 7. The right to access a basic bank account should apply irrespective of the consumer's nationality or place of residence in the Union. Criteria such as the level or regularity of income, employment, credit history, level of indebtedness, individual situation regarding bankruptcy or future activity of the account or information held by credit bureaus concerning an individual’s financial circumstances should not be taken into account for the opening a basic bank account. Access to a basic bank account should under no circumstances be made conditional on the purchase of other products or services, for instance insurance.
Amendment 118 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 7 7. The right to access a basic bank account should apply irrespective of the consumer's nationality or place of residence in the Union. Criteria such as the level or regularity of income, employment, credit history, level of indebtedness, individual situation regarding bankruptcy or
Amendment 119 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 8 8.
Amendment 12 #
Motion for a resolution Recital C C. whereas currently 7 % of all Union consumers, that is to say 30 million people, are voluntarily or involuntarily excluded from access to basic banking services, with an estimated 7 million having been rejected by payment service providers; whereas financial exclusion
Amendment 120 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 8 8.
Amendment 121 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 8 8. The legislation should be applied without prejudice to Union rules, in particular providers’ obligation to refuse access to or terminate
Amendment 122 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 9 9. Member States should
Amendment 123 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 9 9. Member States should be obliged to ensure that customer due diligence procedures do not lead to discriminatory practices, for instance against minorities and marginalised groups,
Amendment 124 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 9 9. Member States should be obliged to ensure that due diligence procedures do not lead to discriminatory practices
Amendment 125 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 10 Amendment 126 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 10 Amendment 127 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 10 10. To facilitate this
Amendment 128 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 10 10. To facilitate this,
Amendment 129 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 11 11. The legislation should oblige payment service providers to act transparently in relation to a decision to deny or close a basic
Amendment 13 #
Motion for a resolution Recital C C. whereas
Amendment 130 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 11 11.
Amendment 131 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 11 11. The legislation should oblige payment service providers to act transparently in relation to a decision to deny or close a basic bank account. In order to allow the consumer to question the payment service provider's decision, the payment service provider should inform the consumer in writing of the reason for the refusal to open or decision to close a basic bank account. The provider should also be obliged to inform the consumer about possibilities for alternative dispute resolution mechanisms. The provider may not charge the consumer for receiving such information, including in a written form.
Amendment 132 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 12 12. The legislation should require the provider to act rapidly when verifying whether the consumer has right to access a basic bank account, whereby the provider must inform the consumer in writing, and stating the justification, about grounds for any delay longer than two weeks. Grounds for which the provider is responsible, such as an excessive workload, cannot justify such a delay. The provider may require consumers to be physically present in the nearest available branch to open the account.
Amendment 133 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 12 12.
Amendment 134 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 13 13. The legislation should enable the user of a basic bank account to make, free of charge, any essential payment transactions such as receiving income or benefits, paying bills or taxes and purchasing goods and services via both physical and remote channels using mainstream national systems.
Amendment 135 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 13 13.
Amendment 136 #
14. The payment service provider should not offer, explicitly or tacitly, any overdraft facilities or overrunning in conjunction with a basic bank account. A payment order to the consumer’s payment service provider should not be executed where such an execution would result in a negative balance of the consumer’s basic bank account. Access to credit should not be considered as a component of or a right
Amendment 137 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 14 14.
Amendment 138 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 14 14. The payment service provider should not offer, explicitly or tacitly, any overdraft facilities or overrunning in conjunction with a basic bank account. A payment order to the consumer’s payment service provider should not be executed where such an execution would result in a negative balance of the consumer’s basic bank account; this should not apply to fees charged by the bank for services used by the consumer. Access to credit should not be considered as a component of or a right related to a basic bank account, whatever the purpose or the form of the credit.
Amendment 139 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 14 14. The payment service provider should not offer, explicitly or tacitly, any overdraft facilities or overrunning in conjunction with a basic bank account. A payment order to the c
Amendment 14 #
Motion for a resolution Recital C a (new) Ca. Stresses that every consumer has the right to choose not to have a bank account or a basis bank account; Therefore, consumers should not be obliged to have a bank account or a basic bank account; underlines however in this respect the importance of financial education in pointing out the advantages of financial inclusion;
Amendment 140 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 15 15.
Amendment 141 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 15 15. Access to a basic bank account should preferably be free of charge. The charges may not exceed the costs incurred by the payment service provider in providing the service, and should in any case not exceed 10 Euros annually.
Amendment 142 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 15 15. Access to a basic
Amendment 143 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 15 15. Access to a basic bank account should be
Amendment 144 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 15 15.
Amendment 145 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 15 15. Access to a basic bank account should be either free of charge or upon an appropriate fee.
Amendment 146 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 15 15.
Amendment 147 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 15 a (new) 15a. Payment service providers should be required to ensure that, among the products that they offer, the basic payment account is always – no matter how the comparison is made – the most affordable account for carrying out basic payment transactions.
Amendment 148 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 15 b (new) 15b. In order to guarantee that costs for basic payment services do not in effect get unreasonable, every Member State should be required to establish an upper limit for how high the total annual fees related to opening and using a basic payment account are allowed to be. While such an upper limit should be adapted to national circumstances – for example general consumer price levels and average charges associated with regular payment accounts – it should in no Member State be fixed at a level higher than EUR 15, or, for non-euro Member States, the equivalent amount expressed in the applicable national currency.
Amendment 149 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 15 c (new) 15c. Member States should be allowed to specify that no more than a maximum number of transactions – possibly allocated across the different transaction categories – should be covered by the total annual fees under the upper limit. However, such transaction caps must always leave enough room for consumers to be able to carry out all normal everyday transactions without exceeding the maximum numbers. If maximum numbers of transactions are surpassed, the extra transactions should be charged at reasonable cost. Payment service providers should always alert consumers that are close to exceeding maximum numbers.
Amendment 15 #
Motion for a resolution Recital C a (new) Ca. whereas not holding a bank account constitutes a serious handicap in contemporary society, as it is more difficult for the people concerned to find jobs, rent property, pay taxes or receive wages or salaries;
Amendment 150 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 15 d (new) 15d. Default charges should, in this context, not be included when calculating total annual fees.
Amendment 151 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 16 16.
Amendment 152 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 16 16. Any default charges should be
Amendment 153 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 16 16. Any default charges should be
Amendment 154 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 16 16. Any default charges should be affordable and at least as favourable as the provider’s usual pricing policy.
Amendment 155 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 16 16. Any default charges should be
Amendment 156 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 16 16. Any default charges should be
Amendment 157 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 16 16.
Amendment 158 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 16 16. Any default charges should be affordable and at least as favourable as the provider’s usual pricing policy. The legislation should ensure that the consumer does not bear any fee or penalty arising from circumstances independent of his/her will, such as insufficient funds in his account due to late payment of wages or social benefits. Any fees attributed to the account should be transparent.
Amendment 159 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 16 16. Any
Amendment 16 #
Motion for a resolution Recital D Amendment 160 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section A – point -(a) (new) -(a) services enabling all the operations required for the opening, operating and closing of a payment account;
Amendment 161 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17– section A – subparagraph Amendment 162 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section A – subparagraph 1 The c
Amendment 163 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section A – subparagraph 1 The c
Amendment 164 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section A – subparagraph 1 The consumer should be provided with non-discriminatory access to personal service, such as over-the-counter service in branches and to the use of automatic teller machines (ATMs), including other banks’ ATMs where technically possible. The provider should
Amendment 165 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section A – subparagraph 1 The consumer should be provided with non-discriminatory access to personal service, such as over-the-counter service in branches and to the use of automatic teller machines (ATMs), including other banks’ ATMs where technically possible. The
Amendment 166 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section A – subparagraph 1 The consumer should be provided with non-discriminatory access to personal service, such as over-the-counter service in branches and to the use of automatic teller machines (ATMs), including other banks’ ATMs where technically possible. The provider should
Amendment 167 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section A – subparagraph 1 a (new) Where the customer does not have a fixed address, the provider should send bank statements to the head office of an association to which he belongs.
Amendment 168 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section B – points (a) - (d) (a) transfers of funds in euro within the European Union via the execution of credit transfers including interbank executions; (b) transfers of funds in euro within the European Union via the execution of payment transactions through a payment card that does not allow the execution of payment transactions that would exceed the current balance of the payment account; (c) the execution of standing orders in euro within the European Union, including interbank executions, in Member States where its use is necessary for the execution of essential transactions; (d) the execution of direct debit in euro within the European Union including interbank executions in Member States where its use is necessary for the execution of essential transactions.
Amendment 169 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17– section B -point (c) (c) the execution of standing orders, including interbank executions
Amendment 17 #
Motion for a resolution Recital D Amendment 170 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17– section B -point (d) (d) the execution of direct debit including interbank executions
Amendment 171 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section B – subparagraph 1 For the execution of these services, the consumer should be entitled to non-
Amendment 172 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section B - subparagraph 1 For the execution of these services, the consumer should be entitled to non- discriminatory access to the different channels offered by the provider, such as manual transactions, transactions via ATM, online banking and phone banking.
Amendment 173 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section B – subparagraph 1 For the execution of these services, the c
Amendment 174 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17– section B -subparagraph 1 For the execution of the
Amendment 175 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section C Amendment 176 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section C Amendment 177 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17– section C Amendment 178 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section C A minimum protection of incoming payments against garnishment
Amendment 179 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section D Amendment 18 #
Motion for a resolution Recital E Amendment 180 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section D Member States may require further functionalities to be included to the basic bank account. Payment service providers should be permitted to, at their own
Amendment 181 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section D Member States may require further functionalities to be included to the basic bank account. Payment service providers should be permitted to, at their own initiative, enlarge the range of functionalities, with the exception of providing an overdraft facility, such as a facility for savings or international money remittances. Access to a basic bank account should not be made conditional on the purchase of such additional services.
Amendment 182 #
Proposal for a recommendation Annex – recommendation 3 – paragraph 17 – section D Member States may require further functionalities to be included to the basic bank account. Payment service providers should be permitted to, at their own
Amendment 183 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 18 18.
Amendment 184 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 18 18. The legislation should aim to make consumers aware about the possibility of opening a basic bank account. Accordingly, it should be accompanied by an ambitious communication strategy both at Union and Member State level and
Amendment 185 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 18 18.
Amendment 186 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 18 18. The legislation should aim to make consumers aware about the possibility of opening a basic bank account. Accordingly, it should be accompanied by an ambitious communication strategy both at Union and Member State level and
Amendment 187 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 18 a (new) 18a. The consumers targeted by the introduction of basic payment accounts make up a customer group with specific interests and needs. In order to ensure that this group can be serviced in an attentive and accommodating way, the employees at payment service providers offering these accounts should in that context be given adequate training, sufficient time and reasonably adapted sales targets.
Amendment 188 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 19 Amendment 189 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 19 19. Communication campaigns should be developed in cooperation with consumer organisations or social advisory bodies.
Amendment 19 #
Motion for a resolution Recital E Amendment 190 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 19 19. Communication campaigns should be developed in cooperation with consumer organisations or social advisory bodies. At Union level, they should be carried out by EU institutions and should, in particular, raise awareness about the Union-wide availability of basic banking services and cross-border rights for access. At Member State level, communication to be undertaken by State agencies should aim at giving necessary and understandable information about basic bank accounts’ features, conditions and practical steps while addressing specific concerns, including those of unbanked citizens and migrant workers. Communication campaigns at Member State level should be multi-lingual, taking into account the most relevant mother tongues spoken by minority populations or migrants.
Amendment 191 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 19 19. Communication campaigns should be developed in cooperation with consumer organisations or social advisory bodies. At Union level, they should, in particular, raise awareness about the Union-wide availability of basic banking services and cross-border rights for access. At Member State level, communication should aim at giving necessary and understandable
Amendment 192 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 20 Amendment 193 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 20 20.
Amendment 194 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 20 20. Providers within the scope of the legislation should be required to
Amendment 195 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 20 a (new) 20a. Member States should encourage banks to develop arrangements for advising their most vulnerable customers in order to help them to act responsibly and manage their budgets.
Amendment 196 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 21 Amendment 197 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 21 21. Providers should, after i
Amendment 198 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 21 21. Providers should, after identifying consumers’ needs, recommend a basic bank account if it fits the needs expressed by the consumer. Consumers interested in opening a basic bank account should receive information in a durable medium setting out the services included, the fact that they are not tied to purchasing other products or services, and the cost, if any. The information should be understandable, standardised and as simple as possible and distributed in any
Amendment 199 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 21 21. Providers should, after identifying consumers’ needs, recommend a basic bank account if it fits the needs expressed by the consumer. Consumers interested in opening a basic bank account should receive information in a durable medium setting out the services included, the fact that they are not tied to purchasing other products or services, and the cost, if any.
Amendment 2 #
Motion for a resolution Recital A A. whereas the smooth functioning of the internal market and the development of a modern,
Amendment 20 #
Motion for a resolution Recital E a (new) Ea. whereas banks can deny a person the opportunity to open a bank account if the person concerned is not a resident of the Member State where the bank is registered; whereas difficulties encountered by non-residents in opening bank accounts obstruct the functioning of the free market;
Amendment 200 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 22 22. Information requirements deriving
Amendment 201 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 23 23. Member States should be required to ensure that providers on a continuous basis provide national authorities with reliable information
Amendment 202 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 23 23. Member States should be required to ensure that providers provide national authorities with reliable information at
Amendment 203 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 23 23. Member States should be required to ensure that providers provide national authorities with reliable information annually, at least on the number of basic bank accounts opened, the number of applications for basic bank accounts refused and the grounds for such refusals, the number of terminations of such accounts. Such information should be provided in an aggregated form.
Amendment 204 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 23 23. Member States should
Amendment 205 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 24 24. Each year,
Amendment 206 #
Proposal for a recommendation Annex – recommendation 4 – paragraph 24 24. Each year, the competent national authorities should be required to provide aggregated information to the Commission
Amendment 207 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 25 25.
Amendment 208 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 26 26. Member States should be obliged to specify principles for sanctions to be imposed on providers for non-compliance with the basic bank account framework
Amendment 209 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 26 26. Member States should be obliged to specify principles for sanctions to be imposed on providers for non-compliance with the basic bank account framework and for infringing obligations to provide information, which ensure that the sanctions constitute a deterrent, and competent authorities should be required and enabled to impose such sanctions
Amendment 21 #
Motion for a resolution Recital F F. whereas general economic development
Amendment 210 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 26 26. Member States should be obliged to specify principles for sanctions to be imposed on providers for non-compliance with the basic bank account framework, including obligations for service providers to provide information, which ensure the sanctions constitute a deterrent, and competent authorities should be required and enabled to impose such sanctions
Amendment 211 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 26 26. Member States should
Amendment 212 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 27 Amendment 213 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 27 27. Member States should closely monitor any distortions of competition between providers of basic bank accounts.
Amendment 214 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 27 27. Member States should closely monitor any distortions of competition between providers of basic bank accounts. Where a number of providers disproportionately shoulder the cost of providing basic bank accounts, financial compensation
Amendment 215 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 27 27. Member States should
Amendment 216 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 28 28. Member States should
Amendment 217 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 28 28. Member States should
Amendment 218 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 28 28. Member States should be obliged to ensure that appropriate and effective complaints and redress procedures are established for the out-of-court settlement of disputes concerning the rights and obligations established under the principles set out in the legislation between payment service providers and consumers, using existing bodies where appropriate. Alternative dispute resolution (ADR) bodies need to be independent, easily accessible and its services free of charge.
Amendment 219 #
Proposal for a recommendation Annex – recommendation 5 – paragraph 29 29. Member States should be required to ensure that ADR bodies actively cooperate in the resolution of cross-border disputes. Where disputes involve parties in different Member States, the use of FIN NET should be
Amendment 22 #
Motion for a resolution Recital F F. whereas general economic development and social cohesion contribute to high bank account penetration; whereas among Member States, 33 % of the variation in the percentage of the population using a current bank account can be explained by the level of economic development and, therefore, 67 % depend on other factors,
Amendment 220 #
Proposal for a recommendation Annex – recommendation 6 – paragraph 30 Amendment 221 #
Proposal for a recommendation Annex – recommendation 6 – paragraph 30 a (new) 30a. The Commission should present the European Parliament with the results of the requested independent impact assessment on access to basic banking services in the EU Member States before the end of 2014.
Amendment 222 #
Proposal for a recommendation Annex – recommendation 6 – paragraph 31 Amendment 223 #
Proposal for a recommendation Annex – recommendation 6 – paragraph 31 – point (b) (b) progress in ensuring access to basic banking services for all c
Amendment 224 #
Proposal for a recommendation Annex – recommendation 6 – paragraph 31 – point (b a) (new) (ba) concrete recommendations for those Member States in which a large part of the population remains without a basic bank account, and generally a structured exchange of best practice;
Amendment 225 #
Proposal for a recommendation Annex – recommendation 6 – paragraph 31 – point (c) (c) awareness a
Amendment 226 #
Proposal for a recommendation Annex – recommendation 6 – paragraph 32 Amendment 227 #
Proposal for a recommendation Annex – recommendation 6 – paragraph 32 Amendment 228 #
Proposal for a recommendation Annex – recommendation 6 – paragraph 32 32. The Commission should complement basic banking legislation by further initiatives aiming at improving financial education at schools and at further integration and harmonisation of retail banking services and prevention of financial exclusion. Such a package should:
Amendment 229 #
Proposal for a recommendation Annex – recommendation 2 – paragraph 32 32. The Commission should complement basic banking legislation by further initiatives aiming at further integration and harmonisation of retail banking services, better and more efficient financial education and prevention of financial exclusion.
Amendment 23 #
Motion for a resolution Recital G G. whereas the different types of payment service providers, especially private banks, acting in accordance with market logic,
Amendment 230 #
Proposal for a recommendation Annex – recommendation 6 – paragraph 32 – point (c) (c) further
Amendment 231 #
Proposal for a recommendation Annex – recommendation 6 – paragraph 32 – point (d) (d)
Amendment 24 #
Motion for a resolution Recital G G. whereas payment service providers, acting in accordance with market logic, tend to focus on commercially attractive consumers, leaving
Amendment 25 #
Motion for a resolution Recital G G. whereas payment service providers
Amendment 26 #
Motion for a resolution Recital G a (new) Ga. whereas banking sector codes of conduct, in addition to self-regulation instruments, should be the result of a consultation launched by relevant national authorities with the public and the industry, and be followed, where appropriate, by legislative initiatives at the national level;
Amendment 27 #
Motion for a resolution Recital H H. whereas legislative approaches to ensure universal access to basic banking services have had satisfactory results in Belgium
Amendment 28 #
Motion for a resolution Recital H H. whereas legislative approaches to
Amendment 29 #
Motion for a resolution Recital H H. whereas legislative approaches to ensure universal access to basic banking services have had satisfactory results in Belgium and France where the number of unbanked citizens has dropped by 75 % and 30 % respectively,
Amendment 3 #
Motion for a resolution Recital A A. whereas the smooth functioning of the internal market and development of a modern, socially inclusive economy depends on the universal provision of affordable and easily accessible basic banking services and of a socially responsible banking sector;
Amendment 30 #
Motion for a resolution Recital H H. whereas legislative approaches to ensure universal access to basic banking services have had satisfactory results in Belgium and France where the number of unbanked citizens has dropped by 75 % and 30 % respectively, as well as in Finland and Denmark where close to 100 % of households are covered by banking services;
Amendment 31 #
Motion for a resolution Recital I Amendment 32 #
Motion for a resolution Recital I I. whereas not all Member States have
Amendment 33 #
Motion for a resolution Recital I I. whereas Member States have not
Amendment 34 #
Motion for a resolution Recital J J. whereas in order to be effective a basic bank account
Amendment 35 #
Motion for a resolution Recital J J. whereas in order to be effective a basic
Amendment 36 #
Motion for a resolution Recital J J. whereas in order to be effective a basic bank account needs to be straightforward to open
Amendment 37 #
Motion for a resolution Recital J J. whereas in order to be effective a basic bank account needs to be straightforward to open,
Amendment 38 #
Motion for a resolution Recital J J. whereas in order to be effective a basic bank account needs to be straightforward to open
Amendment 39 #
Motion for a resolution Recital J a (new) Ja. whereas payment service providers, in the context of providing basic banking services, should apply customer due diligence requirements set out in anti- money laundering and anti-terrorist financing legislation in a balanced and proportional manner; whereas nobody should be denied access to or be disqualified from a basic payment account on these grounds unless there are well- founded and objective reasons for doing so; whereas such legislation should never be used as an unfounded pretext for rejecting commercially less attractive consumers;
Amendment 4 #
Motion for a resolution Recital A A. whereas the smooth functioning of the internal market and development of a modern, socially inclusive economy depends inter alia on the universal provision of basic banking services and of a socially responsible banking sector;
Amendment 40 #
Motion for a resolution Recital K Amendment 41 #
Motion for a resolution Recital K K. whereas
Amendment 42 #
Motion for a resolution Recital K K. whereas as part of their corporate social responsibility strategies, banks should share responsibility with public authorities and civil society for the
Amendment 43 #
Motion for a resolution Recital K K. whereas as part of their corporate social responsibility strategies, banks should share responsibility with public authorities and civil society for
Amendment 44 #
Motion for a resolution Recital K K. whereas as part of their corporate social responsibility strategies, banks should share responsibility with public authorities and civil society for the provision of access to basic banking services
Amendment 45 #
Motion for a resolution Recital K K. whereas as part of their corporate social responsibility strategies, banks should
Amendment 46 #
Motion for a resolution Recital K K. whereas as part of their corporate social responsibility strategies, banks should share responsibility with public authorities and civil society for the provision of access to basic banking services without cost or in any case at a reasonable and market driven cost;
Amendment 47 #
Motion for a resolution Recital L Amendment 48 #
Motion for a resolution Recital L L. whereas any EU initiative to ensure access to basic banking services must
Amendment 49 #
Motion for a resolution Recital L L. whereas any initiative to
Amendment 5 #
Motion for a resolution Recital A a (new) Aa. whereas the primary goal of the banking sector of the EU should remain to provide funding for the real economy, while also contributing to the provision of basic banking services for all EU citizens across the Union who do not already hold a bank account in the Member State where they have lodged a request for one;
Amendment 50 #
Motion for a resolution Recital L L. whereas
Amendment 51 #
Motion for a resolution Recital L a (new) La. whereas enabling access to fair credit and to combat over-indebtedness should include an assessment of the reasons for and the impact of high-interest, short term loan providers as well as cheque cashing facilities across the Union, paying particular regard to financial exclusion and over-indebtedness;
Amendment 52 #
Motion for a resolution Recital M M. whereas distortions of competition must be prevented
Amendment 53 #
Motion for a resolution Recital M M. whereas
Amendment 54 #
Motion for a resolution Recital M M. whereas distortions of competition must be prevented and consumers' needs in under-banked regions must be taken into account and hence the scope of the initiative should be as broad as possible; whereas, in addition to credit institutions, access to core basic banking services
Amendment 55 #
Motion for a resolution Recital M a (new) Ma. whereas access to basic banking services could be provided in each EU Member State by one or more banking or non-banking institutions (other payment service providers) regulated by Directive 2007/64/EC;
Amendment 56 #
Motion for a resolution Recital M a (new) Ma. The right to access and use a basic bank account in a Member State should be given to consumers which have a link to the Member State concerned provided that the consumer: 1) does not already hold a bank account in that Member State meeting the requirements of paragraph 17 of this Annex, and 2) provides a declaration of honour or a simple declaration of at least one financial institution in the Member State concerned which demonstrates that in the Member State concerned he has been refused a bank account meeting the requirements of paragraph 17 of this Annex. Non-limitative examples of a link with the Member State concerned are: nationality, place of residence, job related issues, enrolment in an institution that provides education or vocational training, family related issues, or any other factor which could constitute a link with the Member State concerned;
Amendment 57 #
Motion for a resolution Recital N N. whereas any initiative
Amendment 58 #
Motion for a resolution Recital N N. whereas it should be considered for any initiative for universal access to basic banking services
Amendment 59 #
Motion for a resolution Recital N a (new) Na. whereas the employees at payment service providers offering basic payment accounts to commercially less attractive consumers should be given adequate training, sufficient time and reasonably adapted sales targets in the context of dealing with this customer group;
Amendment 6 #
Motion for a resolution Recital B B. whereas
Amendment 60 #
Motion for a resolution Recital N a (new) Na. whereas students, workers and service providers must be able to move across borders and easily take advantage of the mobility within in the European Union;
Amendment 61 #
Motion for a resolution Recital N b (new) Nb. whereas opening a bank account in a Member State should not require the consumer to close an existing account in another Member State;
Amendment 62 #
Motion for a resolution Recital N c (new) Nc. whereas existing requirements from the payment service provider for opening a basic bank account are restrictive and may hinder cross border mobility within the European Union.
Amendment 63 #
Motion for a resolution Paragraph 1 1. Requests the Commission to
Amendment 64 #
Motion for a resolution Paragraph 1 1. Requests the Commission to submit, by the end of 2012, on the basis of Article 114 of the Treaty on the Functioning of the European Union,
Amendment 65 #
Motion for a resolution Paragraph 1 1.
Amendment 66 #
Motion for a resolution Paragraph 1 1. Requests the Commission to submit, by the end of 2012, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a legislative proposal or proposals ensuring access to basic banking services to all
Amendment 67 #
Motion for a resolution Paragraph 1 1. Requests the Commission to submit, by the end of 2012, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a legislative proposal or proposals ensuring access to basic banking services to a
Amendment 68 #
Motion for a resolution Paragraph 1 1. Requests the Commission to submit, by the end of 2012, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a legislative proposal or proposals ensuring access to basic banking services, free of charge, to all consumers living in the Union, following the detailed recommendations set out in the Annex hereto;
Amendment 69 #
Motion for a resolution Paragraph 2 2.
Amendment 7 #
Motion for a resolution Recital B B. whereas access to basic banking services is
Amendment 70 #
Motion for a resolution Paragraph 3 3. Considers that the requested proposal does not have any financial implications for the EU budget;
Amendment 71 #
Motion for a resolution Paragraph 3 3.
Amendment 72 #
Motion for a resolution Paragraph 3 3. Considers that the requested proposal does not have financial implications for the budget of the European Union;
Amendment 73 #
Proposal for a recommendation Annex – introdactory part The European Parliament considers that the
Amendment 74 #
Proposal for a recommendation Annex – recommendation 1 – paragraph -1 (new) -1. Before presenting the Parliament and Council with a legislative proposal, the Commission should conduct an independent impact assessment to clarify the scope and means of such a proposal; The impact assessment should especially clarify the following points:
Amendment 75 #
Proposal for a recommendation Annex – recommendation 1 – paragraph -1 (new) -1. A “basic payment account” should be defined as a payment account offered in line with the provisions of this legislation. Payment accounts of a basic nature that do not fully comply with these provisions should not be considered to be covered by this term.
Amendment 76 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 1 1.
Amendment 77 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 1 1. The legislation should oblige a
Amendment 78 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 1 1. The legislation should oblige
Amendment 79 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 1 1. The legislation should empower Member States to oblige as many payment service providers as possible, as defined in Article 4(9) of Directive 2007/64/EC, to provide basic banking services.
Amendment 8 #
Motion for a resolution Recital B B. whereas access to basic banking services is a precondition for consumers to benefit from the internal market, notably from cross-border migration, money transfer and the purchase of goods and services at non-discriminatory cost; whereas basic banking is essential for consumers to reap the benefits of e- commerce; whereas the annual opportunity cost of not having access to a payment account is estimated at between EUR 185 to EUR 365 per consumer;
Amendment 80 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 1 1. The legislation should
Amendment 81 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 1 1.
Amendment 82 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 1 a (new) 1a. Any legislative initiative should respect the principle of subsidiarity and take into account existing legal or voluntary arrangements in Member States where the right to access and use a basic bank account is already successfully ensured;
Amendment 83 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 2 Amendment 84 #
2.
Amendment 85 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 3 Amendment 86 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 3 Amendment 87 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 3 3. Member States should
Amendment 88 #
Proposal for a recommendation Annex –recommendation 1 – paragraph 3 3. Member States should be permitted to exempt payment service providers from the obligation to provide a basic bank account if they fulfil at least one of the following:
Amendment 89 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 3 – point (a) a. Payment service providers operating on a
Amendment 9 #
Motion for a resolution Recital B B. whereas access to basic banking services is a precondition for consumers to benefit from the internal market, notably from cross-border migration, money transfer and the purchase of goods and services at
Amendment 90 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 3 – point (a) a. Payment service providers operating
Amendment 91 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 3 – point a a. Payment service providers operating
Amendment 92 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 3 – point b Amendment 93 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 3 – point b b. Payment service providers having carried out transactions totalling less than
Amendment 94 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 4 Amendment 95 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 4 Amendment 96 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 4 Amendment 97 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 4 Amendment 98 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 4 Amendment 99 #
Proposal for a recommendation Annex – recommendation 1 – paragraph 4 4.
source: PE-486.164
2012/04/11
IMCO
87 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas consumers throughout the European Union should be guaranteed access to basic payment services free of charge and should be able to take full advantage of the internal market;
Amendment 10 #
Draft opinion Recital F F. whereas in its 2011 work programme the Commission announced its intention of publishing a proposal for a legislative instrument concerning access to a bank account, but whereas on 18 July 2011 it instead merely published a recommendation on access to a basic payment account; whereas
Amendment 11 #
Draft opinion Recital F a (new) Fa. whereas the market must also adapt by broadly accepting basic bank account cards alongside credit cards if basic payment accounts are to become more widespread;
Amendment 12 #
Draft opinion Recital G G. whereas not having access to a payment account prevents consumers from participating in the main financial services market and from obtaining essential goods and services, and whereas this hampers or rules out social and financial inclusion
Amendment 13 #
Draft opinion Recital H H. whereas principles governing access to a basic payment account should be laid down and applied consistently throughout the Union
Amendment 14 #
Draft opinion Recital J J. whereas
Amendment 15 #
Draft opinion Recital J a (new) Ja. whereas, because of the inherent difficulties associated with banking practices, special attention should be given to certain highly vulnerable groups in society, such as the homeless consumers, as well as to the illiterate and low literate consumers and elderly consumers;
Amendment 16 #
Draft opinion Recital K K. whereas, although the purpose of the current single European payment area (SEPA) is to ensure that a bank account is all that is needed to complete all national and international transactions, the process of establishing the SEPA has not yet been completed; whereas ensuring transparency in terms of services and the associated costs, and additional measures to
Amendment 17 #
Draft opinion Recital L L. whereas consumers without a bank account are forced to use cash; whereas this not only restricts their choice of payment methods and serves to exclude them from electronic transactions, but is also more expensive
Amendment 18 #
Draft opinion Recital M M. whereas life without a bank account in a person’s country of residence makes it much more difficult to find full-time employment, rent accommodation, pay taxes and receive wages; whereas the denial of a bank account or the offer of less favourable conditions on the basis of a
Amendment 19 #
Draft opinion Recital N N. whereas both consumers and firms would benefit if the 30 million people over the age of 18 who, according to a study commissioned by the European Parliament, do not have a bank account were to be granted access to a basic payment account; whereas this would also strengthen the internal market and consumers’ rights;
Amendment 2 #
Draft opinion Recital B B. whereas this right should be enjoyed by every person legally resident in the Union, and whereas freedom of movement is of fundamental importance
Amendment 20 #
Draft opinion Recommendation 1 – paragraph 1 As stated in Directive 2011/83/EU on consumer rights, a consumer is a natural person acting for purposes outside his or her trade, business, craft, or profession. When defining the term ‘consumer’, the Commission must make it clear that all mobile
Amendment 21 #
Draft opinion Recommendation 1 – paragraph 2 A basic payment account is a bank account enabling a consumer to effect all common payment
Amendment 22 #
Draft opinion Recommendation 1 – paragraph 2 A basic payment account is a bank account enabling a consumer to effect all
Amendment 23 #
Draft opinion Recommendation 1 – paragraph 3 Amendment 24 #
Draft opinion Recommendation 1 – paragraph 3 The right of access to a basic payment account should apply to all consumers unless there are
Amendment 25 #
Draft opinion Recommendation 1 – paragraph 3 The right of access to a basic payment account should apply to all consumers unless there are serious reasons to the contrary such as fraud, money laundering or undischarged bankruptcy. It does not, however, imply any obligation to have a bank account. However, the opening or running of an account must be considered reasonable by the institution granting access, and that institution's power to reject the application or close the account if pre-defined conditions are not met should be maintained.
Amendment 26 #
Draft opinion Recommendation 1 – paragraph 3 The right of access to a basic payment account should apply to all consumers
Amendment 27 #
Draft opinion Recommendation 2 – paragraph 1 Member States should ensure that every consumer legally resident in the EU is entitled to open and keep an account with any payment service provider operating on their territory. It should make no difference whether the consumer has an account in another Member State enabling him or her to make use in that Member State of the
Amendment 28 #
Draft opinion Recommendation 2 – paragraph 1 Member States should ensure that every consumer legally resident in the EU is entitled to open and keep an account with any payment service provider operating on their territory. It should make no difference whether the consumer has an account in another Member State enabling him or her to make use in that Member State of the services specified in recommendation 3. This entitlement is applicable regardless of the consumer’s financial circumstances, except in the event of a conviction for fraud, money laundering or undischarged bankruptcy.
Amendment 29 #
Draft opinion Recommendation 2 – paragraph 1 Member States should ensure that every consumer legally resident in the EU is entitled to open and keep a
Amendment 3 #
Draft opinion Recital C C. whereas this right should also apply to people who want to open a bank account in a Member State because of a connection they have to that state without being forced to close an existing account in another Member State;
Amendment 30 #
Draft opinion Recommendation 2 – paragraph 1 Member States should ensure that every consumer legally resident in the EU is entitled to open and keep an account with any payment service provider operating on their territory. Consumers must, however, have a demonstrable connection to the Member State in which they intend to open a basic payment account, for example a (prospective) home, a (future) place of work or a (future) course of study. It should make no difference, when opening an account, whether the consumer has an account in another Member State enabling him or her to make use in that Member State of the services specified in recommendation 3. This entitlement is applicable regardless of the consumer’s financial circumstances.
Amendment 31 #
Draft opinion Recommendation 2 – paragraph 2 Member States should ensure that all banks
Amendment 32 #
Draft opinion Recommendation 2 – paragraph 2 Member States should ensure that all banks with private customers are obliged to offer basic payment accounts without any obligation to purchase additional banking services and products, so as to avoid discrimination and unfair competition among banks, except where specific arrangements are in force in a Member State.
Amendment 33 #
Draft opinion Recommendation 2 – paragraph 2 Each Member State
Amendment 34 #
Draft opinion Recommendation 2 – paragraph 2 Member States should ensure that all
Amendment 35 #
Draft opinion Recommendation 2 – paragraph 2 Member States should ensure that all
Amendment 36 #
Draft opinion Recommendation 2 – paragraph 2 Member States should ensure that all banks with private customers are obliged to offer basic payment accounts, so as to avoid discrimination and unfair competition among banks, except where specific arrangements are in force in a Member State. Member States should ensure that vulnerable groups in society, such as the homeless, as well as the illiterate and low literate and elderly shall be actively supported when opening basic payment accounts by, inter alia, promoting memoranda of understanding between the banking sector and non-governmental organisations committed to supporting these vulnerable groups.
Amendment 37 #
Draft opinion Recommendation 2 – paragraph 2 Member States should ensure that all banks
Amendment 38 #
Draft opinion Recommendation 2 – paragraph 2 a (new) Amendment 39 #
Draft opinion Recommendation 2 – paragraph 2 a (new) Principles governing access to a basic payment account should be laid down and applied consistently throughout the Union, with a view to fostering social inclusion and social cohesion. Equitable and fair treatment of consumers, special attention to the needs of vulnerable groups, disclosure and transparency of information on benefits, risks and terms of the product and the need to invest greater efforts in financial education and awareness among consumers are just a few of these principles. The different banking practices in the EU should be taken into account when putting this into practice.
Amendment 4 #
Draft opinion Recital C C. whereas this right should also apply to people who
Amendment 40 #
Draft opinion Recommendation 2 – paragraph 2 b (new) The wide range of reasons for reducing and refusing access to a bank account makes it imperative that a solution be found as soon as possible in all Member States in order that consumers may exercise their universal right to a bank account. The Commission should therefore immediately put forward a legislative proposal on this matter in order that the right of access to a basic payment account may be laid down in European law.
Amendment 41 #
Draft opinion Recommendation 2 – paragraph 2 c (new) How this right of access to a basic payment account is to be established in the Member States should remain a matter for the Member States themselves, on account of the diversity of arrangements for the provision of financial services.
Amendment 42 #
Draft opinion Recommendation 2 – paragraph 2 a (new) Amendment 43 #
Draft opinion Recommendation 2 – paragraph 3 Member States should ensure that the grounds for refusal for payment service providers should in principle be limited to previously committed financial or economic criminal offences, and when access to a basic payment account is denied, the payment service provider informs the consumer in writing without delay, in unambiguously clear language and free of charge, of the reasons for the denial of access and draws attention to legal remedies. This right to information may be restricted by legislation where such restriction constitutes a necessary and proportionate measure to safeguard the objectives of national security or public policy.
Amendment 44 #
Draft opinion Recommendation 2 – paragraph 3 Member States should ensure that when access to a basic payment account is denied, the payment service provider informs the consumer in writing without delay, in unambiguously clear language and free of charge, of the reasons for the denial of access and draws attention to legal remedies. This right to information may be restricted by legislation where such restriction constitutes a necessary and proportionate measure to safeguard the objectives of national security or public policy. Member States should ensure consumers have the possibility to complain about a decision of refusal.
Amendment 45 #
Draft opinion Recommendation 2 – paragraph 3 a (new) The Commission and the Member States should aim to further clarify the interpretation of anti-money laundering and anti-terrorist financing legislation in order to ensure that it is applied in a balanced and proportional way in the context of basic banking services. Nobody should be denied access to or be disqualified from a basic payment account on these grounds unless there are well- founded and objective reasons for doing so. Such legislation should never be used as an unfounded pretext for rejecting commercially less attractive consumers.
Amendment 46 #
Draft opinion Recommendation 2 – paragraph 3 b (new) Member States should ensure that customer due diligence procedures do not lead to discriminatory practices or to unnecessarily inflexible treatment of consumers with no fixed address or without standard proof of identity. Special consideration should be given to using targeted measures and procedures by which consumers with no fixed address or standard proof of identity can satisfy due diligence requirements. If needed, Member States should set up specific schemes in support of these consumers where authorities and social services, in cooperation with payment service providers, establish solid and secure non- standard tools for pragmatically solving address and identification problems.
Amendment 47 #
Draft opinion Recommendation 2 a (new) Recommendation 2a (legislation in the field of money laundering and terrorist financing) The right of access to a basic payment account in a Member State should be granted in accordance with the requirements of 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, with particular regard to the provisions on due diligence in respect of customers. The obligations of the payment service provider resulting from the relevant EU or Member State legislation in the field of money laundering and terrorist financing should not be affected by the legislation being called for.
Amendment 48 #
Draft opinion Recommendation 3 – paragraph 1 A basic payment account should serve to effect all operations required in order to open, operate, and close a payment account, perform services enabling money to be placed in a payment account, and execute direct debiting, credit transfer
Amendment 49 #
Draft opinion Recommendation 3 – paragraph 1 A basic payment account should serve to effect all operations required in order to open, operate, and close a payment account, perform services enabling money to be placed in a payment account, and execute direct debiting, credit transfer, and payment transactions through a standard payment card. There should be no limitation to the number of operations effected.
Amendment 5 #
Draft opinion Recital C a (new) (Ca) whereas entitlement to access to a basic payment account must not be made subject to the purchase of additional banking services and products;
Amendment 50 #
Draft opinion Recommendation 3 – paragraph 1 A basic payment account should serve, without discrimination, to effect all operations required in order to open, operate, and close a payment account, produce statements, perform services enabling money to be placed in a payment account and services enabling cash withdrawals from a payment account, and execute direct debiting, credit transfer, and payment transactions through a standard payment card.
Amendment 51 #
Draft opinion Recommendation 3 – paragraph 1 A basic payment account should serve to effect all operations required in order to open, operate, and close a payment account, perform services enabling money to be placed in a payment account
Amendment 52 #
Draft opinion Recommendation 3 – paragraph 2 Access to a basic payment account should not be made subject to the purchase of additional services such as insurance, or to non-monetary considerations such as the prior signing of a rental contract.
Amendment 53 #
Draft opinion Recommendation 3 – paragraph 3 Member States should ensure that basic payment accounts are provided either free of charge or at a reasonable cost. If fees are charged, they should be such that no consumer is prevented from opening and using a basic payment account on cost- related grounds.
Amendment 54 #
Draft opinion Recommendation 3 – paragraph 3 Member States should ensure that basic payment accounts are provided either free of charge or at a reasonable cost. Member States must take particular care to ensure that services connected with access to a basic payment account are offered free of charge to consumers with low incomes or facing personal bankruptcy.
Amendment 55 #
Draft opinion Recommendation 3 – paragraph 3 Member States should ensure that basic payment accounts are pr
Amendment 56 #
Draft opinion Recommendation 3 – paragraph 3 Member States should ensure that basic payment accounts are provided
Amendment 57 #
Draft opinion Recommendation 3 – paragraph 3 a (new) Payment service providers should be required to ensure that, among the products that they offer, the basic payment account is always – no matter how the comparison is made – the most affordable account for carrying out basic payment transactions.
Amendment 58 #
Draft opinion Recommendation 3 – paragraph 3 b (new) In order to guarantee that costs for basic payment services do not in effect get unreasonable, every Member State should be allowed to establish an upper limit for how high the total annual fees related to opening and using a basic payment account are allowed to be.
Amendment 59 #
Draft opinion Recommendation 3 – paragraph 3 a (new) Each Member State must also determine what constitutes a reasonable charge in the light of criteria such as national income levels and average payment account charges or the total cost of providing basic payment accounts.
Amendment 6 #
Draft opinion Recital D D. whereas existing restrictive conditions which payment-service providers require persons wishing to open payment accounts to meet go beyond the requirements of the law and curtail
Amendment 60 #
Draft opinion Recommendation 3 – paragraph 3 a (new) If a payment institution charges the consumer for opening, operating or closing a basic payment account or using one, several or all of the services listed in Recommendation 3, the amount charged should be financially bearable and reasonable for the consumer.
Amendment 61 #
Draft opinion Recommendation 3 – paragraph 4 Prepaid payment cards or other devices
Amendment 62 #
Draft opinion Recommendation 3 – paragraph 5 Many basic payment accounts are nowadays exclusively internet based, a fact which makes them ideal for e-commerce but also excludes
Amendment 63 #
Draft opinion Recommendation 3 – paragraph 5 Many basic payment accounts are nowadays exclusively internet based, a fact which makes them ideal for e-commerce but also excludes part of the population, especially those who have no Internet access or older people. Given that consumers in these categories could be placed at a disadvantage, the aim should be to make the projected basic payment account user friendly, simple, and secure. Furthermore, management of such accounts must be made possible not only through online, SMS and other existing remote banking procedures but also at local bank branches.
Amendment 64 #
Draft opinion Recommendation 3 – paragraph 5 Many basic payment accounts are nowadays exclusively internet based, a fact which makes them ideal for e-commerce but also excludes part of the population, especially those who have no Internet access or older people. Given that consumers in these categories could be placed at a disadvantage, the aim should be to make the projected basic payment account user friendly, simple, and secure
Amendment 65 #
Draft opinion Recommendation 3 – paragraph 5 a (new) All kinds of discrimination as a result of using a basic payment account must be avoided.
Amendment 66 #
Draft opinion Recommendation 3 – paragraph 6 Amendment 67 #
Draft opinion Recommendation 3 – paragraph 7 Amendment 68 #
Draft opinion Recommendation 3 – paragraph 7 Amendment 69 #
Draft opinion Recommendation 3 – paragraph 7 Amendment 7 #
Draft opinion Recital F F. whereas in its 2011 work programme the Commission announced its intention of publishing a proposal for a legislative instrument concerning access to a bank account, but whereas on 18 July 2011 it instead merely published a recommendation on access to a basic payment account; whereas voluntary commitment on the part of the banks has not yet succeeded in effectively securing universal access to basic payment accounts; whereas only a legislative instrument can guarantee the legal certainty ordinary members of the public need;
Amendment 70 #
Draft opinion Recommendation 3 – paragraph 8 Amendment 71 #
Draft opinion Recommendation 3 – paragraph 9 a (new) The consumers targeted by the introduction of basic payment accounts make up a customer group with specific interests and needs. In order to ensure that this group can be serviced in an attentive and accommodating way, the employees at payment service providers offering these accounts should in that context be given adequate training, sufficient time and reasonably adapted sales targets.
Amendment 72 #
Draft opinion Recommendation 3 – paragraph 10 Member States should launch information campaigns through public bodies and in cooperation with consumer organisations or important social institutions on the concept of basic payment accounts in order to increase consumer understanding of the right of access to such accounts and of the ways of using out-of-
Amendment 73 #
Draft opinion Recommendation 3 – paragraph 10 Member States and the Commission should launch information campaigns on the concept of basic payment accounts in order to increase consumer understanding of the right of access to such accounts and of the ways of using out-of-
Amendment 74 #
Draft opinion Recommendation 3 – paragraph 10 Member States should launch information campaigns on the concept of basic payment accounts in order to increase consumer understanding of the right of access to such accounts and of the ways of using out-of- court complaint and dispute settlement procedures.
Amendment 75 #
Draft opinion Recommendation 3 – paragraph 10 a (new) Communication campaigns should be developed in cooperation with consumer organisations or social advisory bodies. At Union level, they should, in particular, raise awareness about the Union-wide availability of basic banking services and cross-border rights for access. At Member State level, communication should aim at giving necessary and understandable information about basic bank accounts’ features, conditions and practical steps while addressing specific concerns, including those of unbanked citizens and migrant workers. Communication campaigns at Member State level should be multi-lingual, taking into account the most relevant mother tongues spoken by minority populations or migrants
Amendment 76 #
Draft opinion Recommendation 3 – paragraph 11 Payment service providers should be obliged to provide information to consumers in writing on the basic payment accounts that they offer. They should be required to advertise basic bank accounts offering clear and comprehensive information via different available channels, namely the providers’ website and branches where standardised, durable media should be visible to consumers.
Amendment 77 #
Draft opinion Recommendation 3 – paragraph 11 Payment service providers should be obliged to provide information to consumers in writing on the basic payment accounts that they offer and any costs and conditions which apply to their use. Consumers should also be told that there is no obligation to use additional services in order to have access to a basic payment account. The costs of the services should be set out in a clear, comparable way, with no small print or hidden costs.
Amendment 78 #
Draft opinion Recommendation 3 – paragraph 11 Payment service providers should
Amendment 79 #
Draft opinion Recommendation 3 – paragraph 12 a (new) Making cash withdrawals from ATMs should as far as possible not incur a fee, irrespective of the bank which owns the machine.
Amendment 8 #
Draft opinion Recital F F. whereas in its 2011 work programme the Commission announced its intention of publishing a proposal for a legislative instrument concerning access to a bank account, but whereas on 18 July 2011 it instead merely published a recommendation on access to a basic payment account; whereas despite the recommendation, 15 Member States still have no legal or voluntary provisions requiring banks to offer basic banking services; whereas only a legislative instrument can guarantee the legal certainty ordinary
Amendment 80 #
Draft opinion Recommendation 4 – paragraph 1 a (new) Member States should be obliged to ensure that appropriate and effective complaints and redress procedures are established for the out-of-court settlement of disputes concerning the rights and obligations established under the principles set out in the legislation between payment service providers and consumers, using existing bodies where appropriate. Alternative dispute resolution bodies need to be independent, easily accessible and their services should be free of charge. Their decisions should be legally binding. In order to ensure their impartiality, equal representation of providers, consumers and other users needs to be ensured. Member States should be required to ensure that all basic bank account providers adhere to one or more such bodies implementing such complaint and redress procedures
Amendment 81 #
Draft opinion Recommendation 4 – paragraph 1 b (new) Member States should be required to ensure that ADR bodies actively cooperate in the resolution of cross-border disputes. Where disputes involve parties in different Member States, FIN NET should be used to resolve consumer complaints
Amendment 82 #
Draft opinion Recommendation 4 – paragraph 1 a (new) Accessible, affordable, independent, fair, accountable, useful and efficient ADR and redress schemes must be made available to consumers.
Amendment 83 #
Draft opinion Recommendation 4 – paragraph 1 b (new) Transparency, information requirements and awareness-raising must reach wider than product conditions and ADR and redress options. A comprehensive consumer protection information scheme in the field of retail financial and banking services should also include product monitoring and a warning system against harmful products. The supervisory authorities should play an active role in making sure consumers have constant access to updated and full information about the accounts they have contracted or might contract.
Amendment 84 #
Draft opinion Recommendation 4 – paragraph 1 c (new) Bodies at Member State level tasked with monitoring compliance with the legislation in this area should draw up best-practice procedures for banking institutions and promote these throughout their territory. The Commission should also be informed of developments in this area. Commission initiatives such as Europe Direct or SOLVIT and national institutions such as financial ombudsmen and consumer organisations which receive complaints from citizens about access to banking services should also inform the Commission of their findings and conclusions, as these reflect the problems encountered by ordinary citizens and consumers.
Amendment 85 #
Draft opinion Recommendation 4 – paragraph 1 d (new) The relevant national authorities should investigate instances of best practice and take steps against any action by banking institutions which infringes the right of consumers to have a basic payment account.
Amendment 86 #
Draft opinion Recommendation 5 – paragraph 1 No later than t
Amendment 87 #
Draft opinion Recommendation 5 – paragraph 2 Member States should ensure that payment service providers regularly supply accurate information to the national authorities on the number of basic payment accounts opened, the number of cases in which applications to open an account have been rejected, the reasons for such rejections, and account closures
Amendment 9 #
Draft opinion Recital F F. whereas in its 2011 work programme the Commission announced its intention of publishing a proposal for a legislative instrument concerning access to a bank account, but whereas on 18 July 2011 it instead merely published a recommendation on access to a basic payment account; whereas
source: PE-487.690
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History
(these mark the time of scraping, not the official date of the change)
2012-06-22Show (1) Changes | Timetravel
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http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-197&language=EN
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2012-06-18Show (5) Changes
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