Procedure completed
2013/0139(COD) Payment accounts: comparability of fees, account switching and access to accounts with basic features
Lead committee dossier: ECON/7/12713
Legal Basis TFEU 114-p1
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ECON | KLUTE Jürgen (GUE/NGL) | LANGEN Werner (PPE), ZALBA BIDEGAIN Pablo (PPE), LUDVIGSSON Olle (S&D), DE BACKER Philippe (ALDE), GIEGOLD Sven (Verts/ALE), KAMALL Syed (ECR), TERHO Sampo (EFD) |
| Opinion | IMCO | GEBHARDT Evelyne (S&D) | |
| Opinion | JURI | STOYANOV Dimitar (NI) |
Legal Basis TFEU 114-p1
Subjects
Activites
- 2014/08/28 Final act published in Official Journal
- #3331
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2014/07/23
Council Meeting
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2014/07/23
End of procedure in Parliament
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2014/07/23
Act adopted by Council after Parliament's 1st reading
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2014/04/15
Decision by Parliament, 1st reading/single reading
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T7-0356/2014
summary
The European Parliament adopted by 603 votes to 21, with 51 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features. The report was referred back to the competent committee at the plenary session of 12 December 2013. Parliament adopted its position at first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of a negotiated agreement between the European Parliament and the Council. They amend the proposal as follows: Purpose: the directive would set i) rules concerning the transparency and comparability of fees charged to consumers on their payment accounts held within the European Union; ii) rules concerning the switching of payment accounts within a Member State; and iii) assistance for consumers about cross-border opening of payment accounts. The directive will apply to accounts allowing consumers to make deposits, withdraw funds and make payment transactions, including transfers. Fee information document: in order to help consumers compare payment account fees throughout the internal market easily, payment service providers should provide consumers with a comprehensive fee information document that states the fees for all services linked to the payment account contained in the list of the most representative services and any further fees that can be applied to the account. The fee information document should use the standardised terms and definitions established at Union level, where possible. The fee information document should be easy to read and carry a common symbol. It should be clear and unambiguous using the currency of the payment account, and worded in the official language of the Member State in which the account is proposed. The document should be accessible at all times, including for persons who are not clients. Payment service providers must make available to consumers a glossary of all services linked to the account providing clear, non-technical and unambiguous explanations for at least the services linked to the payment account and the related definitions and explanations. The glossary must be drafted in clear, unambiguous and non-technical language that it is not misleading. In addition, banks should provide consumers, free of charge, with a statement of all fees and the interest rates applied to their payment account on an annual basis. The fee terminology should be determined by the Member States. In order to ensure a sufficient homogeneity of the national lists, the European Banking Authority (EBA) should establish guidelines to assist Member States to determine the services which are most commonly used and cause the highest cost to consumers at national level. Comparison websites: consumers should have free access to at least one independent website allowing comparison of fees charged by banks for their most representative levels of service. Switching accounts: to qualify for the best offers, customers should be able to opt, at reasonable cost, for another basic account within the EU. The switch from one bank account to another without change of currency or country should be supported by the recipient bank, at the request of the authoriser and with his authorisation. The authorisation should allow the consumer to specify the incoming transfers, standing orders and direct debits to be transferred. The recipient bank should within two working days of receiving the client’s authorisation, request the transfer service provider to carry out the authorised tasks. Banks would be required to reimburse the client, as soon as possible, for any financial loss (including costs and interest) directly resulting from errors in the process of changing the account. When a client instructs his bank that he wishes to open an account in another Member State, the bank with which he holds an account should provide assistance on receiving his request. Access to a basic payment account: in line with Parliament’s wishes, the Member States should ensure that a basic payment account is offered to consumers by all payment service providers or in sufficient numbers to guarantee access to such an account for all consumers in the Member State concerned. The conditions applicable to holding a basic payment account should be in no way discriminatory. All persons legally resident in the EU – including clients without a fixed address or residence permit – could open a basic account. However, Member States may, so long as fundamental rights are respected, require potential clients to explain their reason for opening such a bank account in the particular country, so long as the process is not excessively difficult or binding. The application for access to a basic payment account should be rejected without delay and no later than ten working days from receiving the completed application. In any case, it would be turned down if the opening of an account involved infringing the provisions on the prevention of money laundering or the fight against terrorism. Characteristics of a payment account with basic features: the basic account would allow clients: · services enabling all the operations required for the opening, operating and closing of a payment account; · services enabling money to be placed on a payment account · to withdraw cash withdrawals within the Union from a payment account at the bank counter and at automated teller machines during or outside the bank's opening hours; · execution of the following within the Union: i) direct debits; ii) payment transactions by way of payment card including online payments; iii) credit transfers, including standing orders, at terminals, counters and via the online facilities of the payment service provider. The clients may carry out an unlimited number of operations, either free of charge or at a reasonable price. When they allow credit institution to provide, at the request of the customer, an overdraft facility linked to a basic account, Member States would have the option to set a maximum amount or duration for this overdraft. Lastly, Member States should ensure that communication measures are sufficient and well targeted, in particular reaching out to unbanked, vulnerable and mobile consumers.
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T7-0356/2014
summary
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2013/12/12
Results of vote in Parliament
- Results of vote in Parliament
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T7-0587/2013
summary
The European Parliament adopted amendments to the proposal for a directive of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features. The matter was referred back to the competent committee for re-consideration. The vote on the legislative resolution was moved to a later plenary session. The main amendments were as follows: Fee information document: in order to help consumers compare payment account fees throughout the internal market easily, payment service providers should provide consumers with a comprehensive fee information document that states the fees for all services linked to the payment account contained in the list of the most representative services and any further fees that can be applied to the account. The fee information document should use the standardised terms and definitions established at Union level, where possible The document should be accessible at all times and be published by providers in an electronic format on their website, including for persons who are not clients. Payment service providers must make available to consumers a glossary of all services linked to the account and the related definitions and explanations. The glossary must be drafted in clear, unambiguous and non-technical language that it is not misleading. Furthermore, banks should provide consumers, free of charge, with a statement of all fees and the interest rates applied to their payment account on an annual basis. The Commission will have the power to adopt delegated acts relating to a standardised terminology at EU level for payment services common to a majority at least of Member States. In each Member State language a single term will be used for each service. Comparison websites at national level: Parliament proposed that an independent and free website shall be established in each Member State allowing comparison of fees charged and interest paid by banks, as well as their level of service. By three years after the entry into force of this Directive, the European Banking Authority (EBA) shall provide a publicly accessible Union comparison website that enables consumers to compare payment accounts offered within the internal market. Switching accounts: clients should be able to switch banks within the EU at reasonable costs. The costs incurred by a customer during a change of bank due to a payment service providers failure to fulfil its obligations must be reimbursed within three days from the establishment of non-compliance. If the Commission does not decide otherwise after a regulatory impact assessment, Member States should ensure, at the latest six years after the entry into force of the directive, that a system be put in place to allow the automated redirection of payments from one account to another within the same Member State. Access to a basic account: holding a basic payment account shall be in no way discriminatory. Making any discrimination visible through, for example, a different appearance of the card, a different account or card number, shall be prohibited. Member States shall ensure that a payment account with basic features is offered to consumers by all payment service providers that operate in general retail payment services. This right should apply regardless of the place of residence of the consumer and the exercise of the right should not be made excessively difficult or binding on the customer. An amendment adopted in plenary stipulates that a Member State may decide to exempt payment service providers from this obligation subject to the approval of the Commission and on objective and restrictive criteria. The Commission shall approve the exemptions where: (i) a level playing field among all payment service providers is guaranteed, (ii) the right of access for consumers is not undermined and (iii) the exemption does not lead to a situation in the Member State concerned where basic account customers face the risk of being stigmatised. The banks must process applications for access to a payment account with basic features within seven business days of receiving a complete application including proof of identity. Member States must also guarantee that a mechanism is in place: · to assist consumers with no fixed address, asylum seekers and consumers who are not granted a residence permit but whose expulsion is impossible for legal reasons to meet the requirements of Chapter II of Directive 2005/60/EC; · to ensure that unbanked, vulnerable consumers as well as mobile consumers are informed about the availability of payment accounts with basic features. To open and use a payment account with basic features consumers shall be required to have a genuine link to the Member State where they wish to open an account. That link shall include at least citizenship, family ties, centre of interests, place of work, internship or apprenticeship, pursuit of job opportunities or other professional links, place of study or vocational training, residence, property and any outstanding asylum or migration application. Payment accounts with basic features shall not include any overdraft facilities other than a temporary buffer facility for small amounts. Payment service providers may offer overdraft facilities and other credit products as clearly separated services. General information on basic accounts: Parliament requested that Member States: · require educational establishments to develop services for the most vulnerable customers providing them with guidance and assistance in the responsible management of their finances; encourage financial education, including at schools; · ensure that the competent authorities publish, including on their website, an audit of the performance of each payment service provider in terms of its compliance with the right of access requirement. Alternative dispute resolution: Parliament suggests that Member States establish adequate and effective out-of-court complaint and redress procedures for the settlement of disputes between consumers and payment service providers concerning rights and obligations established under this Directive. For those purposes, Member States shall designate existing bodies and, where appropriate, set up new bodies.
- 2013/12/11 Debate in Parliament
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2013/11/19
Committee report tabled for plenary, 1st reading/single reading
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A7-0398/2013
summary
The Committee on Economic and Monetary Affairs adopted the report by J|rgen KLUTE (GUE/NGL, DE) on the proposal for a directive of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features. The Committee on the Internal Market and Consumer Protection, took up its right as an associated committee in line with Article 50 of the European Parliament Rules of Procedure, to be equally consulted and to give an opinion on the present report. The parliamentary committee recommended that the position of the European Parliament adopted at first reading, following the ordinary legislative procedure, amend the Commission proposal. Fee information document: payment service providers should provide consumers with a comprehensive fee information document that states the fees for all services before concluding a contract linked to the payment account. The fee information document should: i) state the fees for all services linked to the payment account contained in the list of the most representative services; ii) mention any further fees that can be applied to the account; iii) display a common symbol on the first page, making it clearly distinguishable from sales or contractual communications. The consumers must be informed of any change in fees. The document should be accessible at all times and be published by providers in an electronic format on their website, including for persons who are not clients. In addition, providers should provide consumers, free of charge, with a statement of all fees and the interest rates applied to their payment account on an annual basis. The Commission will have the power to adopt delegated acts relating to a standardised terminology at EU level for payment services common to a majority at least of Member States. In each Member State language a single term will be used for each service. Comparison websites at national level: the Committee proposed that an independent and free website shall be established in each Member State allowing comparison of fees charged and interest paid by banks, as well as their level of service. By three years after the entry into force of this Directive, the European Banking Authority (EBA) shall provide a publicly accessible Union comparison website that enables consumers to compare payment accounts offered within the internal market. Switching accounts: clients should be able to switch banks within the EU at reasonable costs. The costs incurred by a customer during a change of bank due to a payment service providers failure to fulfil its obligations must be reimbursed within three days from the establishment of non-compliance. If the Commission does not decide otherwise after a regulatory impact assessment, Member States should ensure, at the latest six years after the entry into force of the directive, that a system be put in place to allow the automated redirection of payments from one account to another within the same Member State. Access to a basic account: holding a basic payment account shall be in no way discriminatory. Member States shall ensure that a payment account with basic features is offered to consumers by all payment service providers that operate in general retail payment services. This right should apply regardless of the place of residence of the consumer and the exercise of the right should not be made excessively difficult or binding on the customer. The banks must process applications for access to a payment account with basic features within seven business days of receiving a complete application including proof of identity. Member States must also guarantee that a mechanism is in place: to assist consumers with no fixed address, asylum seekers and consumers who are not granted a residence permit but whose expulsion is impossible for legal reasons to meet the requirements of Chapter II of Directive 2005/60/EC; to ensure that unbanked, vulnerable consumers as well as mobile consumers are informed about the availability of payment accounts with basic features. To open and use a payment account with basic features consumers shall be required to have a genuine link to the Member State where they wish to open an account.That link shall include at least citizenship, family ties, centre of interests, place of work, internship or apprenticeship, pursuit of job opportunities or other professional links, place of study or vocational training, residence, property and any outstanding asylum or migration application. Payment accounts with basic features shall not include any overdraft facilities other than a temporary buffer facility for small amounts. Payment service providers may offer overdraft facilities and other credit products as clearly separated services. General information on basic accounts: the Committee requested that Member States: require educational establishments to develop services for the most vulnerable customers providing them with guidance and assistance in the responsible management of their finances. encourage financial education, including at schools; ensure that the competent authorities publish, including on their website, an audit of the performance of each payment service provider in terms of its compliance with the right of access requirement. Alternative dispute resolution: the report suggests that Member States establish adequate and effective out-of-court complaint and redress procedures for the settlement of disputes between consumers and payment service providers concerning rights and obligations established under this Directive. For those purposes, Member States shall designate existing bodies and, where appropriate, set up new bodies.
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A7-0398/2013
summary
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2013/11/18
Vote in committee, 1st reading/single reading
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2013/10/10
Referral to associated committees announced in Parliament
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2013/05/23
Committee referral announced in Parliament, 1st reading/single reading
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2013/05/08
Legislative proposal published
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COM(2013)0266
summary
PURPOSE: to improve and develop the single market for retail banking. PROPOSED ACT: Regulation of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the lack of transparency and comparability of charges and the difficulty of switching bank accounts continue to figure as obstacles to a fully integrated internal market for retail banking. A survey conducted by Eurobarometer in 2012 showed that only 3% of the respondents declared having opened a payment account cross-border. Consumers were dissuaded from purchasing retail financial products cross-border by unclear information (21%), lack of clarity of the rights available to the consumer (18%) or the process being too complicated (15%). Surveys and complaints from consumers demonstrate that many citizens have faced difficulties in opening a payment account due to their lack of a permanent address in the Member State where the payment service provider is located. This problem affects a large number of EU consumers living in another Member State (12.3 million people in 2010). Furthermore, the World Bank estimated that about 58 million EU consumers do not have a payment account and approximately 25 million of them would like to open one. The fact that a large number of consumers does not currently participate in the internal market for financial services has negative consequences for both payment service providers and consumers. Initiatives have already been taken in these areas: (i) the Payment Service Directive (2007/64/EC) provides certain transparency obligations with respect to the fees charged by payment service providers; (ii) following a request from the Commission in 2010, the banking industry at EU level proposed to develop, through self-regulation, a framework ensuring increased transparency on payment account fees; (iii) in July 2011 the Commission issued a Recommendation on access to a basic payment account. However, progress remains limited. The Single Market Act II adopted on 3 October 2012, identified a legislative initiative on bank accounts in the EU as one of the twelve priority actions to generate real effects on the ground and make citizens and businesses confident to use the single market to their advantage. IMPACT ASSESSMENT: the Commission prepared an impact assessment of policy options. These options concerned: (i) the scope of the new provisions, (ii) the level of standardisation, (iii) the setting up and functioning of measures on transparency and comparability of fees, switching between payment accounts, improved access to basic payment services and (iv) how to ensure their effective application for consumers. Following an assessment of the available options, the Commission concluded that in order to improve the functioning of the switching process, it is necessary to enact measures to give binding legal force to the provisions of the Common Principles on account switching. LEGAL BASIS: Article 114 of the Treaty on the Functioning of the European Union. CONTENT: the draft directive aims to: (i) improve the transparency and comparability of fee information relating to payment accounts, (ii) facilitate switching between payment accounts, (iii) eliminate discrimination based on residency with respect to payment accounts and (iv) provide access to a payment account with basic features within the EU. The directive will apply to payment accounts held by consumers. Consequently, accounts held by businesses are outside its scope. It will not cover savings accounts. 1) Transparency on fees: the proposal requires payment service providers to provide consumers with: · a fee information document containing information on the most representative payment services in each Member State, using the terms and definitions established at EU level where relevant; · a glossary drafted in clear, unambiguous and non-technical language, containing at least the list of payment services and the related definitions; · information on all the fees charged on the account at least annually. Consumers should be able to access comparison websites obtain to obtain impartial information on bank fees. 2) Changing accounts: the proposal: · requires Member States enact a general obligation for payment service providers to make a switching service available to any consumer who holds an account with a payment service provider located in the Union; · establishes the specific roles and obligations for the receiving and transferring payment service providers in the context of the switching service; · establishes principles to guarantee that the charges related to the switching services are appropriate and in line with the costs incurred; · establishes the obligation for payment service providers to refund charges incurred by consumers due to their mistake or delay during the switching service. 3) Access to a bank account: the proposal: · requires Member States to ensure that consumers are not discriminated against on the basis of their nationality or residence when applying for a payment account or in their use of a payment account; · establishes a right of access to a basic payment account for consumers in any Member State; · requires Member States to designate at least one payment service provider to offer a basic payment account; · requires Member States to ensure that services are offered by payment service providers free of charge or for a reasonable fee. · recalls that Directive 2007/64/EC is applicable to payment accounts with basic features. However the proposal provides for a limited list of grounds that may justify the termination of the framework contract of a payment account with basic features by the payment service provider. Lastly, the proposal requires Member States: (i) to establish specific requirements for the settlement of disputes between consumers and payment service providers; (ii) to establish rules on sanctions for breaches of the national provisions adopted to implement the directive. BUDGETARY IMPLICATIONS: the proposal has no implications for the EU budget. DELEGATED ACTS: the proposal contains provisions empowering the Commission to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union.
- DG {'url': 'http://ec.europa.eu/dgs/internal_market/', 'title': 'Internal Market and Services'}, BARNIER Michel
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COM(2013)0266
summary
Documents
- Legislative proposal published: COM(2013)0266
- Committee report tabled for plenary, 1st reading/single reading: A7-0398/2013
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0587/2013
- Decision by Parliament, 1st reading/single reading: T7-0356/2014
- : Directive 2014/92
- : OJ L 257 28.08.2014, p. 0214
| Amendments | Dossier |
| 749 |
2013/0139(COD)
2013/08/29
JURI
34 amendments...
Amendment 10 #
Proposal for a directive Article 4 – paragraph 1 Amendment 11 #
Proposal for a directive Article 4 – paragraph 3 Amendment 12 #
Proposal for a directive Article 4 – paragraph 6 6. The fee information document and the glossary shall be made available free of charge and at all times by payment service providers
Amendment 13 #
Proposal for a directive Article 4 – paragraph 7 Amendment 14 #
Proposal for a directive Article 5 – paragraph 3 Amendment 15 #
Proposal for a directive Article 5 – paragraph 4 Amendment 16 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall ensure that consumers have access to at least one website, independent of individual payment service providers, which compar
Amendment 17 #
Proposal for a directive Article 7 – paragraph 2 Amendment 18 #
Proposal for a directive Article 7 – paragraph 2 – point a (a) be
Amendment 19 #
Proposal for a directive Article 7 – paragraph 2 – point a a (new) (aa) clearly disclose their owners and funding;
Amendment 20 #
Proposal for a directive Article 7 – paragraph 2 – point a b (new) (ab) be impartial and clearly set out the criteria used to determine a recommended payment account to a payment service user;
Amendment 21 #
Proposal for a directive Article 7 – paragraph 2 – point a c (new) (ac) not display advertisements from payment service providers, their agents, affiliates or brands on the home page or on the comparison pages;
Amendment 22 #
Proposal for a directive Article 7 – paragraph 2 – point b (b) use plain language and,
Amendment 23 #
Proposal for a directive Article 7 – paragraph 2 – point e a (new) (ea) have systems in place to avoid conflicts of interest, in order to ensure that any direct or indirect ownership or business relationships do not impede compliance with the conditions listed in this Paragraph;
Amendment 24 #
Proposal for a directive Article 7 – paragraph 3 Amendment 25 #
Proposal for a directive Article 7 – paragraph 4 Amendment 26 #
Proposal for a directive Article 7 – paragraph 5 Amendment 27 #
Proposal for a directive Article 7 – paragraph 5 a (new) 5a. By the end of 2018 also European websites comparing fees charged by payment service providers for services offered on payment accounts in the different Member States shall be developed. European Commission shall establish, by that date, a public European comparison website, operated in cooperation with EBA. By that date, European Commission shall also develop through delegated act, in accordance with Art 24, a voluntary accreditation scheme for private European comparison websites. In order to be granted accreditation, European comparison websites operated by private operators shall respect all conditions listed in Paragraph 2. European Commission shall retain the right to refuse or withdraw accreditation from private operators in the event of a failure to comply with the obligations listed in Paragraph 2.
Amendment 28 #
Proposal for a directive Article 7 – paragraph 5 b (new) 5b. European Commission shall establish and continuously update a single portal to provide the links of accredited comparison websites for each Member State and at European level. This portal shall also provide consumers with a glossary of the Union standardised terminology adopted in accordance with Article 3 and guidelines about cross- border switching of payment accounts. The portal shall also make public and easily available the list and the contacts of the different national competent authorities referred to in Art 20.
Amendment 29 #
Proposal for a directive Article 11 – paragraph 3 3. Member States shall ensure that no fees
Amendment 30 #
Proposal for a directive Article 11 – paragraph 4 4. Member States shall ensure that no fees
Amendment 31 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded by that payment service provider. The burden of proof shall rest with the payment service provider, which shall demonstrate that the conditions laid down in Art 10 have been respected.
Amendment 32 #
Proposal for a directive Article 13 – paragraph 2 2. The information shall be
Amendment 33 #
Proposal for a directive Article 14 a (new) Article 14a Right to have access to a payment account with basic features All legal residents in the European Union shall enjoy the right to have access to a payment account with basic features free of charge or as a maximum for a nominal fee. (This new Art should be put before Art 14)
Amendment 34 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall ensure that consumers legally resident in the Union have the right - and the possibility of doing so - to open and use a payment
Amendment 35 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or
Amendment 36 #
Proposal for a directive Article 17 – paragraph 3 – introductory part 3. Member States shall ensure that the competent authorities establish what constitutes
Amendment 37 #
Proposal for a directive Article 17 – paragraph 3 – point a Amendment 38 #
Proposal for a directive Article 17 – paragraph 3 – point b Amendment 39 #
Proposal for a directive Article 17 – paragraph 3 – point c Amendment 40 #
Proposal for a directive Article 17 – paragraph 3 – point d Amendment 41 #
Proposal for a directive Article 20 – paragraph 2 2. The authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties. Where more than one competent authority is empowered to ensure and monitor effective compliance with this Directive, Member States shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively. Those authorities shall closely cooperate with the competent authorities of other Member States to ensure the correct and full application of the measures established in this Directive.
Amendment 8 #
Proposal for a directive Recital 24 a (new) (24a) In all Member States automatic redirection services in case of switching should be introduced. The European Commission should conduct a preliminary analysis on the establishment of a system to ensure EU-wide payment account number portability.
Amendment 9 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that before entering into a contract for a payment account with a consumer, payment service providers provide the consumer with an understandable fee information document containing the list of the most representative services referred to in paragraph 5 of Article 3, and the corresponding fees for each service, in so far as those services are offered by payment service providers.
source: PE-516.880
2013/09/10
ECON
616 amendments...
Amendment 119 #
Proposal for a directive Recital 3 (3) However, more can be done to improve and develop the single market for retail banking
Amendment 120 #
Proposal for a directive Recital 4 Amendment 121 #
Proposal for a directive Recital 4 (4) The current conditions of the Single Market may deter payments services providers from exercising their freedom to establish or to provide services within the Union because of the difficulty in attracting customers when entering a new market. Entering new markets often entails large investments. Such investments are only justified if the provider foresees sufficient opportunities and a corresponding demand from consumers. The low level of mobility of consumers in some Member States with respect to retail financial services is to a large extent due to the lack of transparency and comparability as regards the fees and services on offer, as well as difficulties in relation to the switching of payment accounts.
Amendment 122 #
Proposal for a directive Recital 4 (4) The current conditions of the Single Market may deter payments services providers from exercising their freedom to establish or to provide services within the Union because of the difficulty in attracting customers when entering a new market. Entering new markets often entails large investments. Such investments are only justified if the provider foresees sufficient opportunities and a corresponding demand from consumers. The low level of mobility of consumers with respect to retail financial services is to a large extent due to the lack of transparency and comparability as regards the fees and services on offer, as well as difficulties in relation to the switching of payment accounts. These factors also stifle demand.
Amendment 123 #
Proposal for a directive Recital 5 Amendment 124 #
Proposal for a directive Recital 5 (5) Moreover, significant barriers to the
Amendment 125 #
Proposal for a directive Recital 6 (6)
Amendment 126 #
Proposal for a directive Recital 6 (6) Moreover, since some prospective customers do not open accounts,
Amendment 127 #
Proposal for a directive Recital 7 (7) Transparency and comparability of fees have been addressed in a self-regulatory initiative, initiated by the banking industry. However, no final agreement was found on these guidelines. As regards switching, the common principles established in 2008 by the European Banking Industry Committee provide a model mechanism for switching between bank accounts offered by payment service providers located in the same Member State.
Amendment 128 #
Proposal for a directive Recital 7 (7) Transparency and comparability of fees have been addressed in a self-regulatory initiative, initiated by the banking industry. However, no final agreement was found on these guidelines. As regards switching, the common principles established in 2008 by the European Banking Industry Committee provide a model mechanism for switching between bank accounts offered by payment service providers located in the same Member State. However, given their non- binding nature, these principles have been applied in an inconsistent manner throughout the EU and with ineffective results.
Amendment 129 #
Proposal for a directive Recital 7 (7) Transparency and comparability of fees have been addressed in a self-regulatory initiative, initiated by the banking industry. However, no final agreement was found on these guidelines. As regards switching, the common principles established in 2008 by the European Banking Industry Committee provide a model mechanism for switching between bank accounts offered by payment service providers located in the same Member State.
Amendment 130 #
Proposal for a directive Recital 8 (8) It is
Amendment 131 #
Proposal for a directive Recital 8 (8) It is vital, therefore, to establish a uniform set of rules to tackle the issue of low customer mobility and in particular to improve comparison of payment account services and fees and to incentivise payment account switching
Amendment 132 #
Proposal for a directive Recital 8 (8) I
Amendment 133 #
Proposal for a directive Recital 8 a (new) (8a) It is also vital to ensure that this Directive does not hamper innovation in the area of retail financial services. Each year, new technologies become viable, which sometimes have the potential to render the current model of payment accounts out of date. In particular, mobile banking services, peer-to-peer services and stored value payment cards must be encouraged as alternatives to traditional banking services.
Amendment 134 #
Proposal for a directive Recital 9 (9) This Directive applies to payment accounts held by consumers. Consequently, accounts held by businesses, even small or micro enterprises, unless held in a personal capacity, are outside its scope. Furthermore, this Directive does not cover savings accounts, which may have more limited payments functions. This directive shall not apply to payment service providers that operate solely as online e-payment accounts providers.
Amendment 135 #
Proposal for a directive Recital 9 (9) This Directive applies to payment accounts held by consumers. Consequently, accounts held by businesses, even small or micro enterprises, unless held in a personal capacity, are outside its scope. Furthermore, this Directive does not cover savings accounts, which may have more limited payments functions. Also, this directive does not cover credit cards, which are not central to achieving its objectives of enhancing financial inclusion as well as of the single market.
Amendment 136 #
Proposal for a directive Recital 11 (11) It is vital for consumers to be able to understand fees so that they can compare offers from different payment service providers and make informed decisions as to which account is most suitable for their needs. In this context, the associated range of services and the quality of what is on offer also play an essential role, which should not be disregarded when comparing fees. Comparison between fees cannot be achieved where payment service providers use different terminology for the same payment services and provide information in different formats. Standardised terminology, coupled with targeted fee information for the most representative payment services in a consistent format, can help consumers to both understand and compare fees.
Amendment 137 #
Proposal for a directive Recital 11 (11) It is vital for consumers to be able to understand fees so that they can compare offers from different payment service providers and make informed decisions as to which account is most suitable for their needs. Comparison between fees cannot be achieved where payment service providers use different terminology for the same payment services and provide information in different formats. Standardised terminology, coupled with targeted fee information for the most representative payment services in a consistent format, can help consumers to both understand and compare fees at national level. Despite this, it must be recognised that there is a huge amount of variation across member states. For those member states with 'free retail banking models', identifying a large number of fee terms may be impossible.
Amendment 138 #
Proposal for a directive Recital 11 (11) It is vital for consumers to be able to understand fees so that they can compare offers from different payment service providers and make informed decisions as to which account is most suitable for their needs. Comparison between fees cannot be achieved where payment service providers use different terminology for the same payment services and provide information in different formats. Standardised terminology, coupled with targeted fee information for the most representative
Amendment 139 #
Proposal for a directive Recital 12 (12) Consumers
Amendment 140 #
Proposal for a directive Recital 12 (12) Consumers would benefit most from information that is concise and easy to compare between different payment service providers. The tools made available to consumers to compare payment account offers would not have a positive impact if the time invested in going through lengthy lists of fees for different offers outweighed the benefit of choosing the offer that represents the best value. A list of payment services accounting for 80% of the most representative payment services subject to a fee at national level is therefore the best approach to represent the majority of the most representative payment services and take into account the particularity of the services offered in the Member States. Accordingly, fee terminology should only be standardised for the most representative terms and definitions within Member States in order to avoid the risk of excessive information.
Amendment 141 #
Proposal for a directive Recital 12 (12) Consumers would benefit most from information that is concise and easy to compare between different payment service providers. The tools made available to consumers to compare payment account offers would not have a positive impact if the time invested in going through lengthy
Amendment 142 #
Proposal for a directive Recital 13 (13) The fee terminology should be determined by national competent authorities, allowing for consideration of the specificities of local markets. To be considered representative, services should be subject to a fee at a minimum of one payment service provider in Member States.
Amendment 143 #
Proposal for a directive Recital 13 (13) The fee terminology should be determined by national competent authorities, allowing for consideration of the specificities of local markets. To be considered representative, services should be subject to a fee at a minimum of one payment service provider in Member States.
Amendment 144 #
Proposal for a directive Recital 13 (13) The fee terminology should be determined by national competent authorities, allowing for consideration of the specificities of local markets. To be considered representative, services should
Amendment 145 #
Proposal for a directive Recital 13 (13) The fee terminology should be determined by national competent authorities, allowing for consideration of the specificities of local markets. To be considered representative, services should be subject to a fee or offered free of charge at a minimum of one payment service provider in Member States. In addition, where possible, fee terminology should be standardised at EU level, thus allowing for comparison across the Union. The European Banking Authority (EBA) should establish guidelines to assist Member States to determine the most representative payment services, subject to a fee or offered free of charge, at national level.
Amendment 146 #
Proposal for a directive Recital 14 Amendment 147 #
Proposal for a directive Recital 14 (14) Once national competent authorities have determined a provisional list of the most representative services subject to a fee at national level together with terms and definitions, the Commission
Amendment 148 #
Proposal for a directive Recital 14 (14) Once national competent authorities have determined a provisional list of the most representative services subject to a fee at national level together with the
Amendment 149 #
Proposal for a directive Recital 14 (14) Once national competent authorities have determined a provisional list of the most representative services subject to a fee or offered free of charge at national level together with terms and definitions, the Commission should review them to identify, by means of delegated acts, the services that are common to the majority of Member States and propose standardised EU level terms and definitions for them.
Amendment 150 #
Proposal for a directive Recital 14 Amendment 151 #
Proposal for a directive Recital 14 a (new) (14a) All standardised fee terminology, at EU and national level, should be made as clear and concise as possible.
Amendment 152 #
Proposal for a directive Recital 15 (15) In order to help consumers compare payment account fees throughout the single market easily, payment service providers
Amendment 153 #
Proposal for a directive Recital 15 (15) In order to help consumers compare payment account fees throughout the single market easily, payment service providers should provide consumers with a list of fees charged for the services listed in the standardised terminology as well as, where applicable, all other services linked to the account. This would also contribute towards establishing a level playing field between credit institutions competing in the payment account market. The fee information document should
Amendment 154 #
Proposal for a directive Recital 15 (15) In order to help consumers compare payment account fees throughout the single market easily, payment service providers should provide consumers with a list of fees charged for the services listed in the standardised terminology at national level. This would also contribute towards establishing a level playing field between credit institutions competing in the payment account market. The fee information document should only contain information on the most representative payment services in each Member State
Amendment 155 #
Proposal for a directive Recital 16 (16) To meet the needs of consumers, it is necessary to ensure that fee information on payment accounts is accurate, clear and comparable.
Amendment 156 #
Proposal for a directive Recital 16 (16) To meet the needs of consumers, it is necessary to ensure that fee information on payment accounts is accurate, clear and comparable.
Amendment 157 #
Proposal for a directive Recital 17 Amendment 158 #
Proposal for a directive Recital 17 Amendment 159 #
Proposal for a directive Recital 17 (17) In order to ensure the consistent use of applicable EU level terminology across the Union, Member States should establish an obligation for payment service providers to use the
Amendment 160 #
Proposal for a directive Recital 17 (17) In order to ensure the consistent use of applicable EU level terminology across the Union, Member States should establish an obligation for payment service providers to
Amendment 161 #
Proposal for a directive Recital 17 (17) In order to ensure the consistent use of applicable EU level terminology across the Union, Member States should establish an obligation for payment service providers to use the applicable EU level terminology together with the remaining national standardised terminology identified in the provisional list when communicating with consumers, including in the fee information document
Amendment 162 #
Proposal for a directive Recital 18 Amendment 163 #
Proposal for a directive Recital 19 Amendment 164 #
Proposal for a directive Recital 19 (19) In order to obtain impartial information on
Amendment 165 #
Proposal for a directive Recital 19 (19) In order to obtain impartial information on bank fees, consumers should be able to access comparison websites which are operationally independent from payment service providers. Member States should therefore ensure that at least one such website is available to consumers in their respective territories. Such comparison websites may be operated by competent authorities, other public authorities and/or accredited private operators. Member States should establish a voluntary accreditation scheme allowing private operators of comparison websites to apply for accreditation in accordance with specified quality criteria. A comparison website operated by a competent authority or other public authority should be established where a privately operated website has not been accredited. Such websites should also comply with the quality criteria. In order to facilitate the overview of fees charged by payment services providers in the European Union, the European Commission shall establish an up-to-date, independent, accurate, reliable and consumer-friendly portal providing all links to the accredited comparison websites in the respective Member States.
Amendment 166 #
Proposal for a directive Recital 20 (20) It is current practice for payment service providers to offer a payment account in a package with other financial products or services. This practice can be a means for payment service providers to diversify their offer and to compete against each other, and in the end it can be beneficial for consumers. However the Commission study on tying practices in the financial sector conducted in 2009 as well as relevant consultations and consumer complaints have showed that payment service providers may offer bank accounts packaged with products not requested by consumers and which are not essential for payment accounts, such as household insurance. Moreover, it has been observed that these practices may reduce transparency and comparability of prices, limit purchasing options for consumers and negatively impact upon their mobility. Therefore, Member States should ensure that when payment service providers offer
Amendment 167 #
Proposal for a directive Recital 20 (20) It is current practice for payment service providers to offer a payment account in a package with other financial products or services. This practice can be a means for payment service providers to diversify their offer and to compete against each other, and in the end it can be beneficial for consumers. However the Commission study on tying practices in the financial sector conducted in 2009 as well as relevant consultations and consumer complaints have showed that payment service providers may offer bank accounts packaged with products not requested by consumers and which are not essential for payment accounts, such as household insurance. Moreover, it has been observed that these practices may reduce transparency and comparability of prices, limit purchasing options for consumers and negatively impact upon their mobility.
Amendment 168 #
Proposal for a directive Recital 20 (20) It is current practice for payment service providers to offer a payment account in a package with other financial products or services. This practice can be a means for payment service providers to diversify their offer and to compete against each other, and in the end it can be beneficial for consumers. However the Commission study on tying practices in the financial sector conducted in 2009 as well as relevant consultations and consumer complaints have showed that payment service providers may offer bank accounts packaged with products not requested by consumers and which are not essential for payment accounts, such as household insurance. Moreover, it has been observed that these practices may reduce transparency and comparability of prices, limit purchasing options for consumers and negatively impact upon their mobility. Therefore, Member States should ensure
Amendment 169 #
Proposal for a directive Recital 20 (20) It is current practice for payment service providers to offer a payment account in a package with other financial products or services. This practice can be a means for payment service providers to diversify their offer and to compete against each other, and in the end it can be beneficial for consumers. However the Commission study on tying practices in the financial sector conducted in 2009 as well as relevant consultations and consumer complaints have showed that payment service providers may offer bank accounts packaged with products not requested by consumers and which are not essential for payment accounts, such as household insurance. Moreover, it has been observed that these practices may reduce transparency and comparability of prices, limit purchasing options for consumers and negatively impact upon their mobility.
Amendment 170 #
Proposal for a directive Recital 21 (21) Consumers are only incentivised to switch accounts if the process does not entail an excessive administrative and financial burden. The procedure for switching payment accounts to another payment service provider should be clear and quick. The fees, if any, charged by payment service providers in relation to the switching service should be in line with the actual cost incurred by payment service providers.
Amendment 171 #
Proposal for a directive Recital 21 (21) Consumers are only incentivised to switch accounts if the process does not entail an excessive administrative and financial burden. The procedure for switching payment accounts to another payment service provider should be clear and quick. The fees, if any, charged by payment service providers in relation to the switching service should be in line with the
Amendment 172 #
Proposal for a directive Recital 21 (21) Consumers are only incentivised to switch accounts if the process does not entail an excessive administrative and financial burden. The procedure for switching payment accounts to another payment service provider should be clear
Amendment 173 #
Proposal for a directive Recital 21 (21) Consumers are only incentivised to switch accounts if potential benefits do not outweigh perceived risks and if the process does not entail an excessive administrative and financial burden. The procedure for switching payment accounts to another payment service provider should be clear and quick. The fees, if any, charged by payment service providers in relation to the switching service should be in line with the actual cost incurred by payment service providers. In order to have positive impact on competition, switching should also be facilitated at cross-border level. Given that switching cross-border could be more complex than the switching at national level and may require payment service providers to adapt and refine their internal procedures, longer deadlines for the cross-
Amendment 174 #
Proposal for a directive Recital 22 (22) The switching process should be as straightforward as possible for the consumer. Accordingly Member States should ensure that the receiving payment service provider is responsible for initiating and managing the process on behalf of the consumer. The requirements of this Directive relating to the provision of the switching service can be complied with through law, self-regulation or voluntary agreement.
Amendment 175 #
Proposal for a directive Recital 22 (22) The switching process should be as straightforward as possible for the consumer. Accordingly Member States should ensure that the receiving payment service provider is responsible for initiating and managing the process on behalf of the consumer. The requirements of this Directive relating to the provision of the switching service can be complied with through law, self-regulation or voluntary agreement.
Amendment 176 #
Proposal for a directive Recital 22 a (new) (22a) Regarding switching between domestic payment service providers, Member States should be allowed to uphold or lay down rules that deviate slightly from those outlined in this Directive as long as this entails efficiencies that are clearly in the interest of the consumer.
Amendment 177 #
Proposal for a directive Recital 24 (24) The co-operation of the transferring payment service provider is necessary for the switch to be successful. The receiving payment service provider should be provided by the transferring payment service provider with all the information it considers necessary to reinstate the recurrent payments on the new payment account, which should be supplied in accordance with existing data protection requirements. However, such information should not exceed what is necessary to carry out the switch and the receiving payment service provider should not ask for superfluous information.
Amendment 178 #
Proposal for a directive Recital 27 (27) Consumers who are legally resident in the Union and who do not hold a payment account in a certain Member State should be in a position to open and use a payment account with basic features in that Member State.
Amendment 179 #
Proposal for a directive Recital 27 (27) Consumers who are legally resident in the Union and who do not hold a payment account in a certain Member State should be in a position to open and use a payment account with basic features in that Member
Amendment 180 #
Proposal for a directive Recital 27 (27) Consumers who are legally resident in the Union and who do not
Amendment 181 #
Proposal for a directive Recital 27 (27) Consumers who
Amendment 182 #
Proposal for a directive Recital 27 (27) Consumers who are legally resident in the Union and who do not hold a payment account in
Amendment 183 #
Proposal for a directive Recital 27 (27) Consumers who are legally resident in the Union, who can justify a genuine link with the Member State of the Payment Service provider, and who do not hold a payment account in a certain Member State should be in a position to open and use a payment account with basic features in that Member State.
Amendment 184 #
Proposal for a directive Recital 27 (27) Consumers who are legally resident in the Union and who do not hold a payment account in a certain Member State should be in a position to open and use a payment account with basic features in that Member State. In order to ensure the widest possible access to such accounts, consumers should have access to them irrespective of their financial circumstances
Amendment 185 #
Proposal for a directive Recital 27 (27) Consumers who are legally resident in the Union and who do not hold a payment account in
Amendment 186 #
Proposal for a directive Recital 27 a (new) (27a) The right to access a payment account with basic features in any Member State should be granted in accordance with 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 187 #
Proposal for a directive Recital 28 (28) Member States should ensure that a
Amendment 188 #
Proposal for a directive Recital 28 (28) Member States should ensure that
Amendment 189 #
Proposal for a directive 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
Amendment 190 #
Proposal for a directive Recital 28 (28) Member States sh
Amendment 191 #
Proposal for a directive Recital 28 (28) Member States should ensure that 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. The requirements of this Directive relating to the provision of basic payment accounts can be complied with through law, self-regulation or voluntary agreement.
Amendment 192 #
Proposal for a directive Recital 28 (28) Member States should ensure that 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.
Amendment 193 #
Proposal for a directive Recital 28 a (new) (28a) Member States should ensure that measures are in place to facilitate the education of consumers in relation to the management of their basic payment account. Clear, informative documents outlining the functioning of the account should be provided to all account holders.
Amendment 194 #
Proposal for a directive Recital 29 (29) To exercise their right to access a basic payment account, consumers should not already hold a payment account or should have previously been denied access to a regular payment account in the
Amendment 195 #
Proposal for a directive Recital 29 (29) To exercise their right to access a basic payment account, consumers should not already hold a payment account
Amendment 196 #
Proposal for a directive Recital 29 (29) To exercise their right to access a basic payment account, consumers should not already hold a payment account in the
Amendment 197 #
Proposal for a directive Recital 29 (29) To exercise their right to access a basic payment account, consumers should not already hold a payment account in the
Amendment 198 #
Proposal for a directive Recital 29 (29) To exercise their right to access a basic payment account, consumers should not already hold a payment account in the same territory. When it is not possible to use electronic systems to establish whether or not a consumer already holds a payment
Amendment 199 #
Proposal for a directive Recital 30 (30) Consumers should be guaranteed access to a range of basic payment services
Amendment 200 #
Proposal for a directive Recital 30 (30) Consumers should be guaranteed access to a range of basic payment services, for which a minimum number of operations shall be determined by Member States in a way that should take into account both the needs of the consumers and the commercial practices in the Member State concerned. Beyond this list of minimum services, banks may apply their regular fees. Services linked to basic payment accounts should include the facility to
Amendment 201 #
Proposal for a directive Recital 31 (31) In order to ensure that basic payment accounts are available to the widest possible range of consumers, they should be offered free of charge or for a reasonable fee. Furthermore, any additional charges to the consumer for non- compliance with the terms laid down in the contract should be reasonable
Amendment 202 #
Proposal for a directive Recital 32 (32) The payment service provider should refuse to open or should terminate a contract for a payment account with basic features only in specific circumstances,
Amendment 203 #
Proposal for a directive Recital 33 (33) Clear and comprehensible information on the
Amendment 204 #
Proposal for a directive Recital 34 a (new) (34a) Where appropriate, and in particular with regard to people with no fixed address, Member States should put in place non-discriminatory and flexible mechanisms to assist consumers in meeting customer due diligence requirements related to the payment accounts with basic features, while complying with the legislation on money laundering and terrorist financing.
Amendment 205 #
Proposal for a directive Recital 34 b (new) (34b) In order for customers holding payment accounts with basic features to be serviced in an appropriate manner, Member States should ensure that the relevant employees at payment service providers offering these accounts are given adequate training, sufficient time and, where applicable, reasonably adapted sales targets.
Amendment 206 #
Proposal for a directive Recital 36 Amendment 207 #
Proposal for a directive Recital 36 Amendment 208 #
Proposal for a directive Recital 36 (36) In order to attain the objectives set out in this Directive, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of identifying the EU standardised
Amendment 209 #
Proposal for a directive Recital 37 Amendment 210 #
Proposal for a directive Recital 38 (38) Within t
Amendment 211 #
Proposal for a directive Recital 39 (39) A review of this Directive should be carried out five years after its entry into force in order to take account of market developments, such as the emergence of new types of payment accounts and payment services, as well as developments in other areas of Union law and the experiences of Member States. The review should assess whether the measures introduced have improved consumer understanding of payment account fees, the comparability of payment accounts and the ease of switching accounts. It should also determine how many basic payment accounts have been opened including by previously unbanked consumers.
Amendment 212 #
Proposal for a directive Recital 39 (39) A review of this Directive should be carried out
Amendment 213 #
Proposal for a directive Recital 39 (39) A review of this Directive should be carried out five years after its entry into force in order to take account of market developments, such as the emergence of new types of payment accounts and payment services, as well as developments in other areas of Union law and the experiences of Member States. The review should assess whether the measures introduced have improved consumer understanding of payment account fees, the comparability of payment accounts and the ease of switching accounts. It should also determine how many basic payment accounts have been opened including by previously unbanked consumers, the periods for which such accounts are held, the number of refusals to open basic payment accounts and the number of closures of such accounts and the reasons for them, as well as the associated charges. It should also assess whether extended deadlines for payment service providers performing cross-border switching are to be maintained for a longer period. Also, it should assess whether the provisions on the information to be provided by payment service providers when offering packaged products are sufficient or whether additional measures are needed. The Commission should submit a report to the European Parliament and the Council accompanied, if appropriate, by legislative proposals.
Amendment 214 #
Proposal for a directive Recital 39 (39) A review of this Directive should be carried out five years after its entry into force in order to take account of market developments, such as the emergence of new types of payment accounts and payment services, as well as developments in other areas of Union law and the experiences of Member States. The review should assess whether the measures introduced have improved consumer understanding of payment account fees, the comparability of payment accounts and the ease of switching accounts. It should also determine how many basic payment accounts have been opened including by previously unbanked consumers.
Amendment 215 #
Proposal for a directive Recital 41 a (new) (41a) Financial services are complex products and thus consumers shall be provided advice of quality. Moreover, competition in the payment service sector shall be promoted to foster innovation and achieve reasonable prices for consumers. Comparison websites for payment accounts can be a helpful device to achieve the objectives of competition and quality, if they take into account not only indicators which reflect prices, but also the ones revealing service quality. Against this backdrop, it is crucial to include indicators, such as the branch network of a payment service provider, in the range of indicators of comparison websites.
Amendment 216 #
Proposal for a directive Recital 41 b (new) (41b) It is important not only that consumers awareness of the types of services and their costs is enhanced, but also that their choice of the bank with which they conduct their business, often the same one as with which the consumer has a payment account, is informed by information on the bank's overall financial strength. This will promote consumer pressure, one of the most powerful incentives for corporations to change, in addition to investor and supervisory pressure, for credit institutions to compete on institutional strength as well as cost and quality of service. To this end it is appropriate that the Commission assess the options available for introducing a Union-wide financial strength indicator for credit institutions, based on supervisory assessment of, inter alia, capital adequacy, assets quality, governance and risk management as well as earnings and liquidity strength and presented in a simple, easy to understand format, such as a traffic light system and aimed at providing consumers with such information as a complement to transparency on charges for payment accounts and other retail banking services;
Amendment 217 #
Proposal for a directive 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
Amendment 218 #
Proposal for a directive 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
Amendment 219 #
Proposal for a directive 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
Amendment 220 #
Proposal for a directive 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
Amendment 221 #
Proposal for a directive 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
Amendment 222 #
Proposal for a directive 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
Amendment 223 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive also defines a framework for the rules and conditions according to which Member States shall guarantee a right for consumers to open and use payment accounts with basic features
Amendment 224 #
Proposal for a directive Article 1 – paragraph 3 a (new) 3a. Without prejudice to the specific provisions set out in Articles 15-19, a payment account with basic features shall be seen as a payment account for the purposes of this Directive.
Amendment 225 #
Proposal for a directive Article 1 – paragraph 4 a (new) 4a. In order to adhere to the requirements set out in this Directive, Member States shall ensure that a payment service provider has access to comprehensive, functional databases by which they are able to verify the address, identity and credit worthiness of consumers in the Member State, in order to assist with fraud prevention, monitoring the consumers' compliance with credit obligations and compliance with their requirements under Directive 2005/60/EC. The conditions for such access shall be non-discriminatory. Mandatory fields within these databases should include name, address, date of birth, country of residence and nationality. Access to such databases will also enable Member States to fulfil the requirements set out in Article 16 of Directive of the European Parliament and of the Council on credit agreements relating to residential property.
Amendment 226 #
Proposal for a directive Article 2 – paragraph 1 – point b (b) ‘payment account’ means an account held in the name of one or more payment service users which is used for the execution of payment transactions
Amendment 227 #
Proposal for a directive Article 2 – paragraph 1 – point b a (new) (ba) ‘payment account with basic features’ means a current account with financial services limited to cash placements, cash withdrawals, direct debit payment transactions, direct debit card, online payments, credit transfers and standing orders;
Amendment 228 #
Proposal for a directive Article 2 – paragraph 1 – point c a (new) (ca) 'services linked to the payment account' mean all services linked to a payment account, including payment services;
Amendment 229 #
Proposal for a directive Article 2 – paragraph 1 – point c a (new) (ca) ‘services that are linked to the payment account’ means all services that are linked to a payment account, also including payment services;
Amendment 230 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) ‘payment service provider’ means a payment service provider as defined in Article 4(9) of Directive 2007/64/EC; payment service providers that operate solely as online e-payment accounts providers are excluded from the scope of the directive
Amendment 231 #
Proposal for a directive Article 2 – paragraph 1 – point g (g) ‘transferring payment service provider’ means the current payment service provider
Amendment 232 #
Proposal for a directive Article 2 – paragraph 1 – point h (h) ‘receiving payment service provider’ means the new payment service provider with whom the consumer agrees on and opens a new payment account and to which the information on all or some recurrent payments is transferred by the transferring payment service provider;
Amendment 233 #
Proposal for a directive Article 2 – paragraph 1 – point k (k)
Amendment 234 #
Proposal for a directive Article 2 – paragraph 1 – point k (k) ‘fees’ means
Amendment 235 #
Proposal for a directive Article 2 – paragraph 1 – point k (k) ‘fees’ means
Amendment 236 #
Proposal for a directive Article 2 – paragraph 1 – point m (m) ‘switching’ means, upon a consumer's request, transferring
Amendment 237 #
Proposal for a directive Article 2 – paragraph 1 – point m (m) ‘switching’ means, upon a consumer's request, transferring from one payment service provider to another the information about all or some standing orders for credit transfers, recurring direct debits and recurring incoming credit transfers executed on a payment account, with or without transferring the positive account
Amendment 238 #
Proposal for a directive Article 2 – paragraph 1 – point m (m) ‘switching’ means, upon a consumer's request, transferring from one payment service provider to another within the European Union the information about all or some standing orders for credit transfers, recurring direct debits and recurring incoming credit transfers executed on a payment account, with or without transferring the positive account balance from one payment account to the other or closing the former account;
Amendment 239 #
Proposal for a directive Article 2 – paragraph 1 – point o (o) ‘credit transfer’ means a
Amendment 240 #
Proposal for a directive Article 2 – paragraph 1 – point r a (new) (ra) 'business day' means a day on which the relevant payment service provider of the payer or the payee involved in the execution of a payment transaction is open for business as required for the execution of a payment transaction, as defined in Article 4 (27) of Directive 2007/64/EC;
Amendment 241 #
Proposal for a directive Article 2 – paragraph 1 – point r a (new) (ra) 'business day' means a day on which the relevant payment service provider of the payer or the payment service provider of the payee involved in the execution of a payment transaction is open for business as required for the execution of a payment transaction, as defined in Article 4 (27) of Directive 2007/64/EC;
Amendment 242 #
Proposal for a directive Article 2 – paragraph 1 – point r a (new) (ra) 'business day' means a day on which the relevant payment service provider of the payer or the payment service provider of the payee involved in the execution of a payment transaction is open for business as required for the execution of a payment transaction as defined in Article 4(27) of Directive 2007/64/EC;
Amendment 243 #
Proposal for a directive Article 3 – title Amendment 244 #
Proposal for a directive Article 3 – title List of the
Amendment 245 #
Proposal for a directive Article 3 – title List of the
Amendment 246 #
Proposal for a directive Article 3 – title List of the most representative payment services
Amendment 247 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that the competent authorities referred to in Article 20, determine a comprehensive provisional list of
Amendment 248 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of a
Amendment 249 #
Proposal for a directive 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
Amendment 250 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of
Amendment 251 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of
Amendment 252 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that the competent authorities referred to in Article 20, determine a
Amendment 253 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that the competent authorities referred to in Article 20, determine a
Amendment 254 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that the competent authorities referred to in Article 20, determine a
Amendment 255 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of
Amendment 256 #
Proposal for a directive 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 20 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 and clearly indicate whether they are subject to national or EU regulation.
Amendment 257 #
Proposal for a directive Article 3 – paragraph 2 Amendment 258 #
Proposal for a directive Article 3 – paragraph 2 Amendment 259 #
Proposal for a directive Article 3 – paragraph 2 Amendment 260 #
Proposal for a directive Article 3 – paragraph 2 Amendment 261 #
Proposal for a directive Article 3 – paragraph 2 Amendment 262 #
Proposal for a directive Article 3 – paragraph 2 Amendment 263 #
Proposal for a directive Article 3 – paragraph 3 Amendment 264 #
Proposal for a directive Article 3 – paragraph 3 3. Member States shall notify to the Commission the
Amendment 265 #
Proposal for a directive Article 3 – paragraph 3 3. Member States shall notify to the
Amendment 266 #
Proposal for a directive Article 3 – paragraph 4 Amendment 267 #
Proposal for a directive Article 3 – paragraph 4 Amendment 268 #
Proposal for a directive Article 3 – paragraph 4 4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 24, concerning the setting out, on the basis of the provisional lists submitted pursuant to paragraph 3, of an EU standardised
Amendment 269 #
Proposal for a directive Article 3 – paragraph 4 4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 24, concerning the setting out, on the basis of the provisional lists submitted pursuant to paragraph 3, of an EU standardised terminology for those
Amendment 270 #
Proposal for a directive Article 3 – paragraph 4 4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 24, concerning the setting out, on the basis of the provisional lists submitted pursuant to paragraph 3, of an EU standardised terminology for those
Amendment 271 #
Proposal for a directive Article 3 – paragraph 4 4. The Commission
Amendment 272 #
Proposal for a directive Article 3 – paragraph 4 4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 24, concerning the setting out, on the basis of the provisional lists submitted pursuant to paragraph 3, of an EU standardised terminology for those payment services that are common to at least a majority of Member States. The EU standardised terminology, to be made clear and concise, will include common terms and definitions for the common services.
Amendment 273 #
Proposal for a directive Article 3 – paragraph 5 Amendment 274 #
Proposal for a directive Article 3 – paragraph 5 Amendment 275 #
Proposal for a directive Article 3 – paragraph 5 5. After the publication in the Official Journal of the European Union of the delegated acts referred to in paragraph 4, each Member State shall without delay
Amendment 276 #
Proposal for a directive Article 3 – paragraph 5 5. After the publication in the Official Journal of the European Union of the delegated acts referred to in paragraph 4, each Member State shall without delay integrate the EU standardised terminology adopted pursuant to paragraph 4 into the provisional list referred to in paragraph 1 and shall publish this list. Payment account service fees, which are included in this list may not be legally allowed in all member states. Whether a certain service fee is applicable in a member state shall be determined by the respective legal provisions of the member state.
Amendment 277 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that before entering into a contract for a payment account with a consumer, payment service providers provide the consumer with a comprehensive fee information document
Amendment 278 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that before entering into a contract for a payment account with a consumer, payment service providers provide the consumer with a fee information document containing the list of the most representative services referred to in paragraph 5 of Article 3 and the corresponding fees for each service as well as, where applicable, all other services and corresponding fees linked to the account.
Amendment 279 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that before entering into a contract for a payment account with a consumer, payment service providers provide the consumer with a fee information document containing the list of the most representative services referred to in paragraph
Amendment 280 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that
Amendment 281 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that before entering into a contract for a payment account with a consumer, payment service providers provide the consumer with a fee information document containing the list of the most representative services referred to in paragraph
Amendment 282 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1a (new) In the event of a change to the fees to be paid, payment service providers shall inform consumers of the reason for, and amount of, the change in writing.
Amendment 283 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall ensure that payment service providers are not permitted to charge any fees not listed in the fee information document.
Amendment 284 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. Member States shall ensure that payment service providers do not apply any fees that are not explicitly mentioned in the fee information document.
Amendment 285 #
Proposal for a directive Article 4 – paragraph 1 a (new) 1a. The payment service providers are not allowed to charge any fees that are not stated in the given fee information document.
Amendment 286 #
Proposal for a directive Article 4 – paragraph 2 2. Where one or more payment services referred to in paragraph 1 is offered as part of a package of
Amendment 287 #
Proposal for a directive Article 4 – paragraph 2 2. Where one or more
Amendment 288 #
Proposal for a directive Article 4 – paragraph 2 2. Where one or more
Amendment 289 #
Proposal for a directive Article 4 – paragraph 2 2. Where one or more
Amendment 290 #
Proposal for a directive Article 4 – paragraph 2 2. Where one or more payment services referred to in paragraph 1 is offered as part of a package of financial services, the fee information document shall disclose which of the services referred to in paragraph 1
Amendment 291 #
Proposal for a directive Article 4 – paragraph 2 2. Where one or more payment services referred to in paragraph 1 is offered as part of a package of financial services, the fee information document shall disclose which of the services referred to in paragraph 1 are included in the package
Amendment 292 #
Proposal for a directive Article 4 – paragraph 2 2. Where one or more payment services referred to in paragraph 1 is offered as part
Amendment 293 #
Proposal for a directive Article 4 – paragraph 2 2. Where one or more payment services referred to in paragraph 1 is offered as part of a package of financial services, the fee information document shall disclose which of the services referred to in paragraph 1 are included in the package, the fee for the entire package
Amendment 294 #
Proposal for a directive Article 4 – paragraph 3 Amendment 295 #
Proposal for a directive Article 4 – paragraph 3 Amendment 296 #
Proposal for a directive Article 4 – paragraph 3 Amendment 297 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3a. It shall be clearly indicated whether the fee information document makes reference to services linked to payment accounts offered within a branch or online.
Amendment 298 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3a. It shall be clearly indicated whether the fee information document makes reference to services linked to payment accounts offered within a branch or online.
Amendment 299 #
Proposal for a directive Article 4 – paragraph 3 a (new) 3a. The fee information document shall include, where applicable, the relevant services from the complete list of the most representative services referred to in Article 3(1) the corresponding fees for each service.
Amendment 300 #
Proposal for a directive Article 4 – paragraph 4 Amendment 301 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that payment service providers make available to consumers a glossary of a
Amendment 302 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that payment service providers make available to consumers a
Amendment 303 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that payment service providers make available to consumers a glossary of at least the list of
Amendment 304 #
Proposal for a directive Article 4 – paragraph 5 Amendment 305 #
Proposal for a directive Article 4 – paragraph 5 5. Member States shall establish an obligation for payment service providers to ensure that the
Amendment 306 #
Proposal for a directive Article 4 – paragraph 6 6. The fee information document and the glossary shall be made available free of charge at all times by payment service providers on a durable medium at premises accessible to all consumers
Amendment 307 #
Proposal for a directive Article 4 – paragraph 6 6. The fee information document and the glossary shall be made available free of charge
Amendment 308 #
Proposal for a directive Article 4 – paragraph 6 6. The fee information document and the glossary shall be made available free of charge
Amendment 309 #
Proposal for a directive Article 4 – paragraph 6 6. The fee information document and the glossary shall be made available free of charge at all times by payment service providers on a durable medium at premises accessible to consumers and shall be made available in electronic form on their websites. The glossary on durable medium should be made available upon request.
Amendment 310 #
Proposal for a directive Article 4 – paragraph 6 6. The fee information document and the glossary shall be made available free of charge at all times by payment service providers on a durable medium at premises accessible to consumers and shall be made available in electronic form on their websites, where it must be easy to find.
Amendment 311 #
Proposal for a directive Article 4 – paragraph 6 6. The fee information document and the
Amendment 312 #
Proposal for a directive Article 4 – paragraph 7 Amendment 313 #
Proposal for a directive Article 4 – paragraph 7 Amendment 314 #
Proposal for a directive Article 4 – paragraph 7 7.
Amendment 315 #
Proposal for a directive Article 4 – paragraph 7 7.
Amendment 316 #
Proposal for a directive Article 4 – paragraph 7 7. The Commission shall be empowered to adopt implementing acts pursuant to Article 26 to define the format of the fee information document, its common symbol and the order in which the services referred to in paragraph 5 of Article 3, as well as all other services, shall be presented in the fee information document.
Amendment 317 #
Proposal for a directive Article 4 – paragraph 7 a (new) 7a. Payment service providers shall apply the aforementioned provisions within one year after the publication of the lists referred to in article 3 paragraph 5 and the implementing acts referred to in paragraph 7 of this article.
Amendment 318 #
Proposal for a directive Article 4 – paragraph 7 a (new) 7a. Payment service providers shall meet the above obligations within twelve months of the publication of the list of the standardized terms and definitions pursuant to Art. 3 paragraph 1 and the adoption of the implementation act pursuant to paragraph 7 of this provision.
Amendment 319 #
Proposal for a directive Article 4 – paragraph 7 a (new) 7a. Payment service providers shall meet the above obligations within twelve months of the publication of the EU standardised list pursuant to Article 3 paragraph 5 and the adoption of the implementation act pursuant to paragraph 7 of this provision.
Amendment 320 #
Proposal for a directive Article 4 – paragraph 7 b (new) 7b. Consumer testing of the fee information document shall be conducted before the implementation, to ensure the consumer-friendliness.
Amendment 321 #
Proposal for a directive Article 4 – paragraph 7 b (new) 7b. Consumer testing of the fee information documents and the glossaries shall be conducted in all Member States before their implementation in order to ensure that they are consumer-friendly.
Amendment 322 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that payment service providers provide the consumer, free of charge, with a statement of all fees incurred on their payment account at least annually. In case the customer uses an overdraft credit of more than 100 Euros, the payment service provider shall provide a monthly statement of fees.
Amendment 323 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that payment service providers provide the consumer with a statement of all fees incurred and the interest earned and paid on their payment account at least annually.
Amendment 324 #
Proposal for a directive 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 325 #
Proposal for a directive 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. This statement may be forwarded to consumers through communication channels agreed among the parties (i.e. electronically, statement printer, etc.). Payment service providers shall implement the technical measures necessary to meet this obligation within twelve months of the adoption of the act pursuant to paragraph 4 of this article.
Amendment 326 #
Proposal for a directive 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 upon request at least annually. This statement may be forwarded to consumers through communication channels agreed among the parties (i.e. electronically, statement printer, etc.). Payment service providers shall implement the technical measures necessary to meet this obligation within twelve months of the adoption of the act pursuant to paragraph 4 of this article
Amendment 327 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that payment service providers provide the consumer free of charge with a statement of all fees incurred on
Amendment 328 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that payment service providers provide upon request by the consumer with a statement of all fees incurred on their payment account at least annually. The statement may be provided or made available electronically.
Amendment 329 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. If payment services are provided as a single package, the statement referred to in paragraph 1 shall include, deviating from points (a) and (b) in subparagraph 1 in paragraph 2, the fees charged for the entire package during the relevant period.
Amendment 330 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. Member States shall ensure that consumers are notified in writing when a payment service provider intends to modify any fees at least one calendar month in advance of their application;
Amendment 331 #
Proposal for a directive Article 5 – paragraph 2 a (new) 2a. Member States shall insure that consumers are informed comprehensively and well in advance in written or electronically when a service provider intends to increase any fees before the annual statement is published.
Amendment 332 #
Proposal for a directive Article 5 – paragraph 2 – point a Amendment 333 #
Proposal for a directive Article 5 – paragraph 2 – point a Amendment 334 #
Proposal for a directive Article 5 – paragraph 2 – point a (a) the unit fee charged for each service, the number of times the service was used during the relevant period and the date on which the service was used, or when the consumer bought different services combined in a package the fee charged for the package of services;
Amendment 335 #
Proposal for a directive Article 5 – paragraph 2 – point b (b) the total amount of fees incurred for each service provided during the relevant period, or when the consumer bought different services combined in a package the extra cost per service when exceeding the maximum amount of services included in the package and the extra cost per service used that was not included in the package;
Amendment 336 #
Proposal for a directive Article 5 – paragraph 2 – point c (c) the total amount of fees incurred for all services provided during the relevant period, or when the consumer bought different services combined in a package the total amount of extra costs when exceeding the maximum amount of services included in the package and the total amount of extra costs of services used that were not included in the package.
Amendment 337 #
Proposal for a directive Article 5 – paragraph 2 – point c a (new) (ca) the average balance and the total amount of interest earned during the relevant period;
Amendment 338 #
Proposal for a directive Article 5 – paragraph 2 – point c a (new) (ca) the total amount of interest earned during the relevant period;
Amendment 339 #
Proposal for a directive Article 5 – paragraph 2 – point c a (new) (ca) the interest earned and paid on the account during the relevant period;
Amendment 340 #
Proposal for a directive Article 5 – paragraph 2 – point c a (new) (ca) the overdraft interest rate and the total amount of overdraft interest paid during the relevant period.
Amendment 341 #
Proposal for a directive Article 5 – paragraph 2 – point c b (new) (cb) the number of days the account was overdrawn and the total amount of interest paid during the relevant period;
Amendment 342 #
Proposal for a directive Article 5 – paragraph 2 – point c b (new) (cb) the number of days the account was overdrawn, the interest rates applied and the total amount of interest paid during the relevant period;
Amendment 343 #
Proposal for a directive Article 5 – paragraph 2 – point c c (new) (cc) a pre-notification regarding the fees which shall be charged in the following period as well as the fees which shall be charged unless the consumer takes steps, which shall be specified in the document, to avoid the fee;
Amendment 344 #
Proposal for a directive Article 5 – paragraph 2 – point c c (new) (cc) a pre-notification regarding the fees which shall be charged in the following period;
Amendment 345 #
Proposal for a directive Article 5 – paragraph 2 – point c a (new) (ca) a pre-notification about possible changes or increases of fees which will be charged in the following period;
Amendment 346 #
Proposal for a directive Article 5 – paragraph 3 Amendment 347 #
Proposal for a directive Article 5 – paragraph 3 Amendment 348 #
Proposal for a directive Article 5 – paragraph 3 Amendment 349 #
Proposal for a directive Article 5 – paragraph 4 4. The
Amendment 350 #
Proposal for a directive Article 5 – paragraph 4 4.
Amendment 351 #
Proposal for a directive Article 5 – paragraph 4 4.
Amendment 352 #
Proposal for a directive Article 5 – paragraph 4 4. The Commission shall be empowered to adopt implementing acts pursuant to Article 26 to define the format of the statement of fees, its common symbol and the order in which the services referred to in paragraph 5 of Article 3, as well as all other services, shall be presented in the statement of fees.
Amendment 353 #
Proposal for a directive Article 5 – paragraph 4 4. The Commission shall be empowered to
Amendment 354 #
Proposal for a directive Article 5 – paragraph 4 4. The Commission shall be empowered to adopt implementing acts pursuant to Article 26 to define the format of the statement of fees, its common symbol and the order in which the services referred to in paragraph
Amendment 355 #
Proposal for a directive Article 5 – paragraph 4 a (new) 4a. Consumer testing of the statements of fees shall be conducted in all Member States before their implementation order to ensure that the statements of fees are consumer-friendly.
Amendment 356 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that in their contractual and commercial information, payment service providers use, where relevant, the
Amendment 357 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that in their contractual and commercial information, payment service providers use, where relevant, the terms and definitions contained in the list of the most representative payment services referred to in Article 3, paragraph 5. Payment service providers shall meet this obligation within twelve months of the publication of the list of standardised terms and definitions.
Amendment 358 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that in their contractual and commercial information, payment service providers use,
Amendment 359 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that in their contractual and commercial information, payment service providers use
Amendment 360 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that in their
Amendment 361 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that in their contractual and commercial information, payment service providers use, where relevant, the terms and definitions contained in the list of the most representative payment services referred to in Article 3, paragraph
Amendment 362 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that in their contractual and commercial information, payment service providers use, where relevant, the terms and definitions contained in the list of the most representative payment services referred to in Article 3, paragraph
Amendment 363 #
Proposal for a directive Article 6 – paragraph 2 2. Payment service providers may use brand names to designate their services in their contractual and commercial information, subject to the condition that they identify, where relevant, the corresponding term in the list referred to in Article 3, paragraph
Amendment 364 #
Proposal for a directive Article 6 – paragraph 2 2. Payment service providers may use brand names to designate their services in their contractual and commercial
Amendment 365 #
Proposal for a directive Article 6 – paragraph 2 2. Payment service providers may use brand names to designate their services in their contractual and commercial information, subject to the condition that they identify, where relevant, the corresponding term in the list referred to in Article 3, paragraph
Amendment 366 #
Proposal for a directive Article 6 – paragraph 2 2. Payment service providers may use brand names to designate their services in their contractual and commercial information, subject to the condition that
Amendment 367 #
Proposal for a directive Article 6 – paragraph 2 2. Payment service providers may use brand names to designate their services in their
Amendment 368 #
Proposal for a directive Article 7 Amendment 369 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall ensure that consumers have access to at least one website comparing at national level and in accordance with paragraphs 2 and 3. (a) fees charged by payment service providers for services offered on payment accounts, a
Amendment 370 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall ensure that consumers have access to at least one website comparing fees charged by payment service providers for services offered on payment accounts at national level in accordance with paragraphs 2 and 3 and the quality and ranges of services of the various providers.
Amendment 371 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall ensure that consumers have access to at least one website, which includes a compari
Amendment 372 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall ensure that consumers have free access to at least one website comparing fees charged and interest rates applied by payment service providers
Amendment 373 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall ensure that consumers have access to at least one website comparing fees charged by
Amendment 374 #
Proposal for a directive Article 7 – paragraph 2 – introductory part 2. Member States shall establish a
Amendment 375 #
Proposal for a directive Article 7 – paragraph 2 – introductory part 2. Member States shall establish a
Amendment 376 #
Proposal for a directive Article 7 – paragraph 2 – point a (a) be
Amendment 377 #
Proposal for a directive Article 7 – paragraph 2 – point a (a) be financially and operationally independent of any payment service provider;
Amendment 378 #
Proposal for a directive Article 7 – paragraph 2 – point a (a) be
Amendment 379 #
Proposal for a directive Article 7 – paragraph 2 – point a (a) be operationally independent of any payment service provider; information on the owner and provider of the website should be easily available and visible;
Amendment 380 #
Proposal for a directive Article 7 – paragraph 2 – point a a (new) (aa) clearly disclose their owners and funding;
Amendment 381 #
Proposal for a directive Article 7 – paragraph 2 – point b (b) use plain language and, where relevant, the terms referred to in Article 3, paragraph
Amendment 382 #
Proposal for a directive Article 7 – paragraph 2 – point b (b) use plain language and, where
Amendment 383 #
Proposal for a directive Article 7 – paragraph 2 – point c (c) provide up-to-date, comprehensive, accurate and consumer-friendly information;
Amendment 384 #
Proposal for a directive Article 7 – paragraph 2 – point c (c) provide up-to-date, accurate, reliable and consumer-friendly information;
Amendment 385 #
Proposal for a directive Article 7 – paragraph 2 – point d (d) provide a sufficiently broad overview of the payment accounts market, accepting requests for inclusion in the site by any payment service provider in the Member State concerned;
Amendment 386 #
Proposal for a directive Article 7 – paragraph 2 – point d (d) provide a sufficiently broad overview of the payment accounts market and provide information on how much of the market share is covered by their website;
Amendment 387 #
Proposal for a directive Article 7 – paragraph 2 – point e a (new) (ea) provide information, yet not any kind of recommendations;
Amendment 388 #
Proposal for a directive Article 7 – paragraph 2 – point e a (new) (ea) provide information, yet not any kind of recommendations;
Amendment 389 #
Proposal for a directive Article 7 – paragraph 5a (new) 5a. Where payment service providers are charged for listing on such sites, the charges shall be non-discriminatory and published on the website;
Amendment 390 #
Proposal for a directive Article 7 – paragraph 5 a (new) 5a. Member States shall ensure that Payment Service Providers are not liable for the information contained in the accredited or non-accredited websites, given that they would not be responsible for operating them;
Amendment 391 #
Proposal for a directive Article 7 – paragraph 5 a (new) Amendment 392 #
Proposal for a directive Article 7 – paragraph 5 a (new) 5a. In order to facilitate the overview of fees charged by payment services providers in the European Union, the European Commission shall establish an up-to-date, independent, accurate, reliable and consumer-friendly portal providing all links to the accredited comparison websites in the respective Member States.
Amendment 393 #
Proposal for a directive Article 7 – paragraph 5 a (new) Amendment 394 #
Proposal for a directive Article 7 – paragraph 5 a (new) 5a. By the end of 2018 also European websites comparing fees charged by payment service providers for services offered on payment accounts in the different Member States shall be developed. European Commission shall establish, by that date, a public European comparison website, operated in cooperation with EBA. By that date, European Commission shall also develop through delegated act, in accordance with Art 24, a voluntary accreditation scheme for private European comparison websites. In order to be granted accreditation, European comparison websites operated by private operators shall respect all conditions listed in Paragraph 2. European Commission shall retain the right to refuse or withdraw accreditation from private operators in the event of a failure to comply with the obligations listed in Paragraph 2.
Amendment 395 #
Proposal for a directive Article 7 – paragraph 5 b (new) 5b. European Commission shall establish and continuously update a single portal to provide the links of accredited comparison websites for each Member State and at European level. This portal shall also provide consumers with a glossary of the Union standardised terminology adopted in accordance with Article 3 and guidelines about cross- border switching of payment accounts. The portal shall also make public and easily available the list and the contacts of the different national competent authorities referred to in Art 20.
Amendment 396 #
Proposal for a directive Article 7 a (new) Article 7 a Union portal for comparison websites 1. Member States shall notify the Commission and EBA of the comparison websites operating in accordance to Article 7(1) and (2). 2. The Commission, in cooperation with EBA, shall establish a publicly accessible Union portal for comparison websites at national level, including the ability to compare side by side payment accounts offered in different Member States. In order to complement that information, the Union portal shall provide to consumers a glossary containing the Union standardised terminology adopted in accordance with Article 3(4) and practical guidelines about cross-border switching of payment accounts.
Amendment 397 #
Proposal for a directive Article 8 – paragraph 1 1. Without prejudice to Article 4(2), Member States shall ensure that when a payment account is offered together with another financial service or product as part of a package, the payment service provider informs the consumer of whether it is possible to buy the payment account separately and, if so, provides separate information regarding the
Amendment 398 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall ensure that when a payment account is offered together with another service or product as part of a package, the payment service provider informs the consumer of whether it is possible to buy the payment account separately and provides separate information regarding the costs and fees associated
Amendment 399 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall ensure that when a payment account is offered together with another service or product as part of a package, the payment service provider informs the consumer of whether it is possible to buy the payment account separately and provides separate information regarding the costs and fees associated with each of the products and services offered in the package, in order to ensure full transparency on cross-subsidy payments.
Amendment 400 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall ensure that when a
Amendment 401 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall ensure that when a payment account is offered together with
Amendment 402 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall ensure that when a payment account is offered together with another service or product as part of a package, the payment service provider informs the consumer
Amendment 403 #
Proposal for a directive Article 8 – paragraph 1 a (new) 1a. The consumer shall be able to purchase services separately that are not included in the payment account with basic features as defined in Article 16.
Amendment 404 #
Proposal for a directive Article 8 – paragraph 1 b (new) 1b. Providers should, moreover, be free to offer credit products, as separate services, to basic payment account customers, where appropriate. The access to or use of the basic payment account should in no way be restricted by or made conditional on the purchase of such services or products.
Amendment 405 #
Proposal for a directive Article 8 – paragraph 2 Amendment 406 #
Proposal for a directive Article 8 – paragraph 2 Amendment 407 #
Proposal for a directive Article 9 – title Provision and timing of implementation of the switching service
Amendment 408 #
Proposal for a directive Article 9 – paragraph 1 Amendment 409 #
Proposal for a directive Article 9 – paragraph -1 a (new) Amendment 410 #
Proposal for a directive Article 9 – paragraph 1 Member States shall ensure that the transferring and receiving payment service providers located in the Union provide a switching service within the same Member State as described in Article 10, or equivalent, to any consumer who holds a payment account
Amendment 411 #
Proposal for a directive 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
Amendment 412 #
Proposal for a directive 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
Amendment 413 #
Proposal for a directive 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
Amendment 414 #
Proposal for a directive 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
Amendment 415 #
Proposal for a directive 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 Union. The provisions of Article 10 and 11 shall also apply to a bank account with basic features.
Amendment 416 #
Proposal for a directive Article 9 – paragraph 1 2. Member States shall ensure that the respective payment service providers provide upon the consumer's request a switching service as described in Article 10, or equivalent, to a
Amendment 417 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. The switching service request does not involve the switching of the contract from the transferring payment service provider to the receiving payment service provider.
Amendment 418 #
Proposal for a directive Article 9 – paragraph 1 a (new) 1a. The switching service request does not involve the switching of the contract from the transferring payment service provider to the receiving payment service provider.
Amendment 419 #
Proposal for a directive Article 9 – paragraph 1 a (new) Regarding switching between domestic payment service providers, Member States may uphold or establish provisions that deviate slightly from those outlined in Article 10 if this entails efficiencies that are clearly in the interest of the consumer.
Amendment 420 #
Proposal for a directive Article 9 – paragraph 1 b (new) EBA shall develop draft regulatory technical standards to specify what kinds of deviations indicated in paragraph 1a are to be allowed. EBA shall submit those draft regulatory technical standards to the Commission by... Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
Amendment 421 #
Proposal for a directive Article 9 – paragraph 1 b (new) Member States shall ensure that by two years after entry into force of this Directive payment service providers provide a switching service as described in Article 10, or provide an equivalent switching services within (as a maximum) the same overall timescales as described in Article 10, to any consumer who holds a payment account with a payment service provider located in that Member State.
Amendment 422 #
Proposal for a directive Article 9 – paragraph 1 c (new) Unless the European Commission decides otherwise through a regulatory impact assessment, Member States shall ensure that by six years after the entry into force of this Directive payment service providers provide a switching service as described in article 10, or provide an equivalent switching services within (as a maximum) the same overall timescales as described in Article 10, to any consumer who holds a payment account with a payment service provider located in the Union. At the same time, Member States shall also ensure that there is a system for automated redirection of standing orders and direct debits to the account held by the consumer with the receiving payment service provider implemented.
Amendment 423 #
Proposal for a directive Article 9 – paragraph 1 d (new) Member States shall ensure that as long as there is no system of cross border switching implemented, the closing of a payment account in one Member State and the transferring of the balance to a new payment account in another Member State is not made excessively difficult or burdensome for the consumer.
Amendment 424 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that payment services linked to the consumer´s current or future payment account are available throughout the whole switching process, Member States shall also ensure that the switching service is initiated by the receiving payment service provider and provided in accordance with the rules set out in paragraphs 2 to 7.
Amendment 425 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that the switching service is initiated by the receiving payment service provider and provided in accordance with the rules set out in paragraphs 2 to 7
Amendment 426 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that the switching service is automated or initiated by the receiving payment service provider and provided in accordance with the rules set out in paragraphs 2 to 7. Member States may establish more extensive switching services.
Amendment 427 #
Proposal for a directive Article 10 – paragraph 1 1. Member States shall ensure that the switching service is initiated by the receiving payment service provider and provided in accordance with the rules set out in paragraphs 2 to 7 and supported by all third parties involved.
Amendment 428 #
Proposal for a directive Article 10 – paragraph 2 2. The switching service shall be initiated by the receiving payment service provider upon request of the consumer. The receiving payment service provider shall request written authorisation from the consumer to perform the switching service. In case of joint accounts the authorisation must be provided by all holders having joint signature of the account. The authorisation shall be drawn up in an official language of the Member State where the switching service is being initiated or in any other language agreed between the parties. The authorisation shall allow the consumer to provide specific consent to the transferring payment service provider to perform each of the tasks indicated in paragraphs 3(e) and 3(f) and to provide specific consent to the receiving payment service provider to perform each of the tasks indicated in paragraphs 4(c), 4(d) and 5. The authorisation shall allow the consumer to specifically request the transmission by the transferring payment service provider of the information indicated in paragraphs 3(a) and 3(b). The authorisation shall also specify the date from which recurrent payments are to be operated from the account opened with the receiving payment service provider. This date shall be at least seven business days from the day the transferring payment service provider receives the request to perform the switch from the receiving payment service provider pursuant to Article 10 paragraph 6.
Amendment 429 #
Proposal for a directive Article 10 – paragraph 2 2. The switching service shall be initiated by the receiving payment service provider. The receiving payment service provider shall request written authorisation from the consumer to perform the switching service. The authorisation shall allow the consumer to provide specific consent to the transferring payment service provider to perform each of the tasks indicated in paragraphs 3(c), 3(e) and 3(f) and to provide specific consent to the receiving payment service provider to perform each of the tasks indicated in paragraphs 4(c), 4(d) and 5. The authorisation shall allow the consumer to specifically request the transmission by the transferring payment service provider of the information indicated in paragraphs 3(a) and 3(b). The authorisation shall also specify the payment orders referred to in paragraphs 4(a) and 4(b) and the date from which recurrent payments are to be operated from the account opened with the receiving payment service provider.
Amendment 430 #
Proposal for a directive Article 10 – paragraph 3 – introductory part 3. Within
Amendment 431 #
Proposal for a directive Article 10 – paragraph 3 – introductory part 3. Within
Amendment 432 #
Proposal for a directive Article 10 – paragraph 3 – introductory part 3. Within
Amendment 433 #
Proposal for a directive Article 10 – paragraph 3 – introductory part 3. Within
Amendment 434 #
Proposal for a directive Article 10 – paragraph 3 – point -a (new) (-a) provide for automated redirection of the standing orders and direct debits to the account held by the consumer with the receiving payment service provider during a period of 13 months;
Amendment 435 #
Proposal for a directive Article 10 – paragraph 3 – point a (a)
Amendment 436 #
Proposal for a directive Article 10 – paragraph 3 – point a (a) transmit to the receiving payment service provider and, if specifically requested by the consumer pursuant to paragraph 2, to the consumer a list of all existing standing orders for credit transfers and
Amendment 437 #
Proposal for a directive Article 10 – paragraph 3 – point a (a) transmit to the receiving payment service provider and, if specifically requested by the consumer pursuant to paragraph 2, to the consumer a list of all existing standing orders for credit transfers and
Amendment 438 #
Proposal for a directive Article 10 – paragraph 3 – point a (a) transmit to the receiving payment service provider and, if specifically requested by the consumer pursuant to paragraph 2, to the consumer a list of all existing standing orders for credit transfers
Amendment 439 #
Proposal for a directive Article 10 – paragraph 3 – point a (a) transmit to the receiving payment
Amendment 440 #
Proposal for a directive Article 10 – paragraph 3 – point b (b)
Amendment 441 #
Proposal for a directive Article 10 – paragraph 3 – point b (b) transmit to the receiving payment service provider and, if specifically requested by the consumer pursuant to paragraph 2, to the consumer the available information about incoming credit transfers and creditor driven direct debits executed on the consumer's account in the previous 13 months; the information shall be provided by the transferring payment service provider to the consumer only if the information has not already been provided to the consumer by the transferring payment services provider, by law;
Amendment 442 #
Proposal for a directive Article 10 – paragraph 3 – point c (c) transmit to the receiving payment service provider any additional information deemed necessary by the receiving payment service provider to perform the switch, on condition that such transmission is compatible with existing data protection requirements;
Amendment 443 #
Proposal for a directive Article 10 – paragraph 3 – point c (c) transmit to the receiving payment service provider any
Amendment 444 #
Proposal for a directive Article 10 – paragraph 3 – point c (c) transmit to the receiving payment service provider
Amendment 445 #
Proposal for a directive Article 10 – paragraph 3 – point d Amendment 446 #
Proposal for a directive Article 10 – paragraph 3 – point d Amendment 447 #
Proposal for a directive Article 10 – paragraph 3 – point d (d) where the transferring payment service provider does not provide a system for automated redirection of the standing orders and direct debits to the account held by the consumer with the receiving payment service provider, cancel standing orders and stop accepting direct debits on the date specified in the authorisation, but at the earliest from the day of execution, which allows a lead time of five bank working days from receipt of the request by the transferring payment service provider;
Amendment 448 #
Proposal for a directive Article 10 – paragraph 3 – point d (d) where the transferring payment service provider does not provide a system for automated redirection of the
Amendment 449 #
Proposal for a directive Article 10 – paragraph 3 – point d (d) where the transferring payment service provider does not provide a system for automated redirection of the
Amendment 450 #
Proposal for a directive Article 10 – paragraph 3 – point e (e) where the consumer gave specific consent pursuant to paragraph 2, transfer any remaining positive balance to the account opened or held with the receiving payment service provider on the date specified by the consumer, or collect the amount of a negative balance from the account opened or held with the receiving payment service provider, where the consumer gave consent and does not intend to transfer this amount to the transferring payment service provider in some other form; and
Amendment 451 #
Proposal for a directive Article 10 – paragraph 3 – point f (f) where the consumer gave specific consent pursuant to paragraph 2, close the account held with the transferring payment service provider on the date specified by the consumer or - if closure on the specified date is not possible - on the next possible date after the tasks under paragraph 3(d) and (e) have been performed, unless circumstances in need of clarification or regulation (e.g. negative balance) have arisen in respect of which the transferring payment service provider will contact the consumer.
Amendment 452 #
Proposal for a directive Article 10 – paragraph 3 – point f (f) where the consumer gave specific consent pursuant to paragraph 2, close the account held with the transferring payment service provider on the date specified by the consumer or – if closure on the specified date is not possible – on the next possible date after the tasks under paragraph 3 (d) and (e) have been performed, unless circumstances in need of clarification or regulation (e.g. negative balance or cards have not been returned) have arisen in respect of which the transferring payment service provider will contact the consumer; .
Amendment 453 #
Proposal for a directive Article 10 – paragraph 3 – point f a (new) (fa) cancel standing orders and credit transfers with execution date from the date specified in the authorisation;
Amendment 454 #
Proposal for a directive Article 10 – paragraph 3 – point f a (new) (fa) cancel standing orders and credit transfers with execution date from the date specified in the authorisation;
Amendment 455 #
Proposal for a directive Article 10 – paragraph 4 – point a (a) set up within seven
Amendment 456 #
Proposal for a directive Article 10 – paragraph 4 – point a (a) set up within seven
Amendment 457 #
Proposal for a directive Article 10 – paragraph 4 – point a (a) set up within seven
Amendment 458 #
Proposal for a directive Article 10 – paragraph 4 – point a (a) set up within seven
Amendment 459 #
Proposal for a directive Article 10 – paragraph 4 – point a (a) set up within seven
Amendment 460 #
Proposal for a directive Article 10 – paragraph 4 – point a (a) set up within seven
Amendment 461 #
Proposal for a directive Article 10 – paragraph 4 – point b (b) a
Amendment 462 #
Proposal for a directive Article 10 – paragraph 4 – point b (b) after the payment account with the receiving payment service provider has been opened, accept direct debits from the date specified in the authorisation;
Amendment 463 #
Proposal for a directive Article 10 – paragraph 4 – point b a (new) (ba) where relevant, inform the consumer about his rights in relation to SEPA direct debits provided for by Article 5(3)(d) of Regulation 260/2012/EC;
Amendment 464 #
Proposal for a directive Article 10 – paragraph 4 – point c Amendment 465 #
Proposal for a directive Article 10 – paragraph 4 – point c (c) where the consumer gave specific consent pursuant to paragraph 2, inform payers making
Amendment 466 #
Proposal for a directive Article 10 – paragraph 4 – point c (c) where the consumer gave specific consent pursuant to paragraph 2, inform payers making recurrent credit transfers into a consumer's payment account of the details of the consumer's account with the receiving payment provider. If the receiving payment service provider does not have all the information it needs to inform the payer, it
Amendment 467 #
Proposal for a directive Article 10 – paragraph 4 – point d Amendment 468 #
Proposal for a directive Article 10 – paragraph 4 – point d Amendment 469 #
Proposal for a directive Article 10 – paragraph 4 – point d (d) where the consumer gave specific consent pursuant to paragraph 2, inform payees using a direct debit to collect funds from the consumer's account of the details of the consumer's account with the receiving payment service provider and the date from which direct debits shall be collected from that account. If the receiving payment service provider does not have all the information it needs to inform the payee, it
Amendment 470 #
Proposal for a directive Article 10 – paragraph 4 – point e (e)
Amendment 471 #
Proposal for a directive Article 10 – paragraph 4 – point e (e)
Amendment 472 #
Proposal for a directive Article 10 – paragraph 4 – point e (e) where the consumer chooses to personally provide the information indicated in points (c) and (d), provide the consumer with standard letters providing details of the new account and the starting date indicated in the authorisation. The standard letter shall be drawn up in an official language of the Member State where the switching service is being initiated or in any other language agreed between the parties.
Amendment 473 #
Proposal for a directive Article 10 – paragraph 4 a (new) 4a. Member States shall ensure that deadlines are set at national level for both payers and payees to take into account the new account details of the consumer transmitted by the receiving payment service provider;
Amendment 474 #
Proposal for a directive Article 10 – paragraph 6 – point a (a) send the receiving payment service provider the information indicated in points (a), (b) and (c) of paragraph 3 within seven
Amendment 475 #
Proposal for a directive Article 10 – paragraph 6 – point a (a) send the receiving payment service provider the information indicated in points (a), (b) and (c) of paragraph 3 within seven
Amendment 476 #
Proposal for a directive Article 10 – paragraph 6 – point a (a) send the receiving payment service provider the information indicated in points (a), (b) and (c) of paragraph 3 within seven
Amendment 477 #
Proposal for a directive Article 10 – paragraph 6 – point a (a) send the receiving payment service provider the information indicated in points (a), (b) and (c) of paragraph 3 within seven
Amendment 478 #
Proposal for a directive Article 10 – paragraph 6 – point a (a) send the receiving payment service provider the information indicated in points (a), (b) and (c) of paragraph 3 within seven
Amendment 479 #
Proposal for a directive Article 10 – paragraph 6 – point b (b) where the transferring payment service provider does not provide a system for automated redirection of the
Amendment 480 #
Proposal for a directive Article 10 – paragraph 6 – point b (b) where the transferring payment service provider does not provide a system for automated redirection of the
Amendment 481 #
Proposal for a directive Article 10 – paragraph 6 – point c (c) transfer the remaining positive balance from the payment account to the account held with the receiving payment service provider or collect the amount of a negative balance from the account opened or held with the receiving payment service provider, where the consumer gave consent;
Amendment 482 #
Proposal for a directive Article 10 – paragraph 6 – point d (d) close the payment account as soon as the steps listed in points (a) to (c) have been carried out and the account is balanced;
Amendment 483 #
Proposal for a directive Article 10 – paragraph 6 – point d (d) close the payment account after the fulfilment of the duties as per Article 10 paragraph 6(b) and (c);
Amendment 484 #
Proposal for a directive Article 10 – paragraph 6 – point d (d) close the payment account
Amendment 485 #
Proposal for a directive Article 10 – paragraph 6 – point e a (new) (ea) the above referenced tasks are subject to a "positive" balance on the payment account. Insofar as transferring payment service providers consider personal confirmation (written or oral) of the request received pursuant to sentence 1 necessary, they will request the consumer within two business days of their receipt of the request pursuant to sentence 1 to forward such confirmation. Subsequent to the receipt of the consumer's personal confirmation, the transferring payment service provider will perform the tasks under paragraph 6 within the deadlines specified therein. As far as the request pursuant to sentence 1 releases a time limit and in case the transferring payment service provider requests the consumer's confirmation, this time limit will start with receipt of the consumer's confirmation.
Amendment 486 #
Proposal for a directive Article 10 – paragraph 6 – point e a (new) (ea) the above referenced tasks are subject to a "positive" balance on the payment account;
Amendment 487 #
Proposal for a directive Article 10 – paragraph 8 Amendment 488 #
Proposal for a directive Article 10 – paragraph 8 Amendment 489 #
Proposal for a directive Article 10 – paragraph 8 Amendment 490 #
Proposal for a directive Article 10 – paragraph 8 Amendment 491 #
Proposal for a directive Article 10 – paragraph 8 Amendment 492 #
Proposal for a directive Article 10 – paragraph 8 Amendment 493 #
Proposal for a directive Article 10 – paragraph 9 Amendment 494 #
Proposal for a directive Article 10 – paragraph 9 Amendment 495 #
Proposal for a directive Article 10 – paragraph 9 Amendment 496 #
Proposal for a directive Article 10 – paragraph 9 Amendment 497 #
Proposal for a directive Article 11 – paragraph 3 Amendment 498 #
Proposal for a directive Article 11 – paragraph 3 3. Member States shall ensure that no fees
Amendment 499 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 a (new) Member States shall ensure that no fees are applied by the transferring payment service provider where the consumer has held the payment account for a period of at least 12 months prior to the receipt of the switching service request pursuant to Article 10(4).
Amendment 500 #
Proposal for a directive Article 11 – paragraph 4 Amendment 501 #
Proposal for a directive Article 11 – paragraph 4 4. Member States shall ensure that no fees
Amendment 502 #
Proposal for a directive Article 11 – paragraph 4 4. Member States shall ensure that
Amendment 503 #
Proposal for a directive Article 11 – paragraph 4 4. Member States shall ensure that fees, if any, applied by the transferring or the receiving payment service provider to the consumer for any service provided under Article 10, other than those referred to in paragraphs 1 to 3, shall be appropriate
Amendment 504 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that
Amendment 505 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded by that payment service provider within one business day of the non-compliance being established.
Amendment 506 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded by that payment service provider in due time. The burden of proof shall rest with the payment service provider, which shall demonstrate that the conditions laid down in Article 10 have been respected.
Amendment 507 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded by that payment service provider in due time. The burden of proof shall rest with the payment service provider, which shall demonstrate that the conditions laid down in Article 10 have been respected.
Amendment 508 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that
Amendment 509 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded by that payment service provider within the shortest possible delay.
Amendment 510 #
Proposal for a directive Article 12 – paragraph 2 Amendment 511 #
Proposal for a directive Article 12 – paragraph 2 2. Consumers shall not bear any financial loss resulting from mistakes or delays in updating their payment account details by a payer or payee. Member States shall make sure that the payers and payees are made liable when they don't comply with the deadlines set up by Member States as stipulated in Article 10 paragraph 4a (new).
Amendment 512 #
Proposal for a directive Article 13 – paragraph 1 – point c Amendment 513 #
Proposal for a directive Article 13 – paragraph 1 – point c Amendment 514 #
Proposal for a directive Article 13 – paragraph 1 – point c Amendment 515 #
Proposal for a directive Article 13 – paragraph 2 2. The information shall be provided free of charge on a durable medium at all branches of the payment service providers accessible to consumers and be available in easily accessible and consumer-friendly electronic form on their websites at all times.
Amendment 516 #
Proposal for a directive Article 13 – paragraph 2 2. The information shall be provided free of charge on a durable medium at all branches of the payment service providers accessible to consumers and be available and easily findable in electronic form on their websites at all times.
Amendment 517 #
Proposal for a directive Article -14 a (new) Article -14 a Right to have access to a payment account with basic features All legal residents in the European Union shall enjoy the right to have access to a payment account with basic features free of charge or as a maximum for a nominal fee.
Amendment 518 #
Proposal for a directive Article 14 – paragraph 1 Member States shall ensure that
Amendment 519 #
Proposal for a directive Article 14 – paragraph 1 Member States shall ensure that consumers who can prove that they are legally resident in the Union are not discriminated against by reason of their nationality or place of residence when applying for or accessing a payment account within the Union. Member States shall establish that consumers wishing to open an account in the respective territory shall provide evidence of a link to the Member State concerned.
Amendment 520 #
Proposal for a directive Article 14 – paragraph 1 Member States shall ensure that consumers legally resident in the Union are
Amendment 521 #
Proposal for a directive Article 14 – paragraph 1 Member States shall ensure that consumers legally resident or residing in the Union are not discriminated against by reason of their nationality
Amendment 522 #
Proposal for a directive Article 14 – paragraph 1 Member States shall ensure that consumers legally resident in the Union are not discriminated against by reason of their nationality or place of residence or any other ground, including sex, ethnic or social origin, religion or belief, disability, age, or sexual orientation, when applying for or accessing a payment account within the Union.
Amendment 523 #
Proposal for a directive Article 14 – paragraph 1 Member States shall ensure that consumers legally resident in the Union are not discriminated against, in particular by reason of their nationality or place of residence when applying for or accessing a payment account within the Union.
Amendment 524 #
Proposal for a directive Article 14 – paragraph 1 Member States shall ensure that consumers legally resident in the Union are
Amendment 525 #
Proposal for a directive Article 14 – paragraph 1 Member States shall ensure that consumers legally resident in the Union are not discriminated against by reason of their nationality
Amendment 526 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that a
Amendment 527 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall
Amendment 528 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall
Amendment 529 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that a
Amendment 530 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that a
Amendment 531 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that a
Amendment 532 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that
Amendment 533 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that a
Amendment 534 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that at least one payment service provider in their territory or a defined region, with a sufficient geographic coverage across the Member State and a sufficiently large network of operations to provide adequate access for consumers, 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 535 #
Proposal for a directive 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 536 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that at least one payment service provider which is well established 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 537 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that at least one payment service provider in their territory within a Member State 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 538 #
Proposal for a directive Article 15 – paragraph 1 – subparagraph 1 (new) Member States shall ensure that when a consumer is denied a payment account on the free market, the refusal letter of the payment service provider contains a mandatory notice about the legal right to a basic payment account and the alternative dispute resolution body and its contact details.
Amendment 539 #
Proposal for a directive Article 15 – paragraph 1 a (new) Amendment 540 #
Proposal for a directive 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 541 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. Member States may exempt payment service providers operating on a non- profit basis, or requiring membership on defined criteria, such as profession, from the requirements set out in paragraph 1.
Amendment 542 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. Member States shall be able to designate, based on the principles of transparency, non-discrimination and proportionality, one, several or all payment service providers. The measures to be adopted by Member States in this respect shall not create distortions of competition between payment service providers and shall be based on the principles of transparency, non- discrimination and proportionality.
Amendment 543 #
Proposal for a directive Article 15 – paragraph 1 a (new) Amendment 544 #
Proposal for a directive 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.
Amendment 545 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall ensure that consumers who can prove that they are 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. Such a right shall apply
Amendment 546 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall ensure that consumers
Amendment 547 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall ensure that consumers legally resident in the Union who have previously been denied access to a regular payment account and can justify a genuine link with the Member State of the payment service provider, 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
Amendment 548 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall ensure that consumers legally resident in the Union and can justify a genuine link with the Member State of the Payment Service Provider, 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
Amendment 549 #
Proposal for a directive 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. Such a right shall apply irrespective of the consumer's place of residence, but is however dependent on the consumer having a genuine link with the Member State of the provider. A genuine link may be established in advance for a Member State in which an individual is taking up residence or employment. An account may be opened remotely one month in advance with evidence of the intended residence or job offer. In such circumstances the individual shall subsequently attend in person, within a further month, for account verification purposes once in the Member State. Limits may be placed on the amounts that can be transferred prior to verification. Member States shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer. Before opening 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.
Amendment 550 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall ensure that consumers legally resident in the Union and persons whose expulsion is impossible for reasons of fact or of law and who have no residence permit 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. 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 opening the payment account with basic features, payment service providers shall verify whether the consumer holds or does not hold a
Amendment 551 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall ensure that consumers legally resident in the Union and persons whose expulsion is not possible for reasons of fact or of law and who have not been issued with a residence permit 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. 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 opening 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.
Amendment 552 #
Proposal for a directive 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
Amendment 553 #
Proposal for a directive 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. 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 opening the payment account with basic features, payment service providers shall verify by asking the consumer to sign a declaration of honour, whether the consumer holds or does not hold a payment account in their territory.
Amendment 554 #
Proposal for a directive 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.
Amendment 555 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall ensure that consumers legally resident
Amendment 556 #
Proposal for a directive Article 15 – paragraph 2 – subparagraph 1 (new) The right to open a payment account with basic features 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. Consumers also should be required to attend in person at an office of the payment service provider in the Member State of their choosing.
Amendment 557 #
Proposal for a directive Article 15 – paragraph 2 a (new) 2a. Member States shall ensure that the competent authorities referred to in Article 20, determine national criteria entitling a consumer to open a payment account with basic features. The EBA shall develop guidelines pursuant to Article 16 of Regulation (EU) No 1093/2010 to assist the competent authorities.
Amendment 558 #
Proposal for a directive Article 15 – paragraph 3 – point a (a) Where a consumer already holds a payment account, with a payment service provider located in their territory,
Amendment 559 #
Proposal for a directive Article 15 – paragraph 3 – point a (a) Where a consumer already holds a payment account, with a payment service provider located in the
Amendment 560 #
Proposal for a directive Article 15 – paragraph 3 – point a (a) Where a consumer already holds a payment account
Amendment 561 #
Proposal for a directive Article 15 – paragraph 3 – point a (a) Where a consumer already holds a payment account, with a payment service provider located in their territory, which allows him to make use of the payment services listed in Article 1
Amendment 562 #
Proposal for a directive Article 15 – paragraph 3 – point a (a) Where a consumer already holds a payment account, with a payment service provider located in their territory, which allows him to make use of the payment services listed in Article 1
Amendment 563 #
Proposal for a directive Article 15 – paragraph 3 – point a (a) Where a consumer already holds a payment account, with a payment service
Amendment 564 #
Proposal for a directive Article 15 – paragraph 3 – point a (a) Where a consumer already holds a payment account, with a payment service provider located in their territory, which allows him to make use of the payment services listed in Article 1
Amendment 565 #
Proposal for a directive Article 15 – paragraph 3 – point a a (new) (aa) where least one of the conditions stipulated in Article 18(a), (c) and (d) is met;
Amendment 566 #
Proposal for a directive Article 15 – paragraph 3 – point b (b) where the c
Amendment 567 #
Proposal for a directive Article 15 – paragraph 3 – point b (b) where the conditions established by Chapter II of Directive 2005/60/EC are not satisfied
Amendment 568 #
Proposal for a directive Article 15 – paragraph 3 – point b (b) where the conditions established by
Amendment 569 #
Proposal for a directive Article 15 – paragraph 3 – point b a (new) (ba) where a payment account with basic features held by a consumer with another payment service provider was terminated within the last six months on the grounds referred to in Article 18(2);
Amendment 570 #
Proposal for a directive 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 571 #
Proposal for a directive Article 15 – paragraph 3 – point b a (new) (ba) where the consumer cannot prove that it has previously been denied access to a "regular" payment account;
Amendment 572 #
Proposal for a directive Article 15 – paragraph 3 – point b a-b (new) (ba) where the consumer knowingly provides incorrect information in order to obtain the payment account with basic features where the correct information would have resulted in the absence of such right; (b b) where the payment service provider has previously terminated a payment account contract with the consumer for having deliberately used the account for illegal purposes;
Amendment 573 #
Proposal for a directive Article 15 – paragraph 3 – point b a (new) (ba) where the consumer cannot prove that it has previously been denied access to a "regular" payment account;
Amendment 574 #
Proposal for a directive Article 15 – paragraph 3 – point b a (new) (ba) where the consumer is unable to provide the payment service provider with clear reasons why he would need a payment account with basic features, pursuant to conditions determined by competent authorities;
Amendment 575 #
Proposal for a directive Article 15 – paragraph 3 – point b a (new) (ba) where the financial institution would be failing to meet their obligations in relation to the prevention of money laundering and the countering of terrorist financing;
Amendment 576 #
Proposal for a directive Article 15 – paragraph 3 – point b a-b (new) (ba) where there are weighty grounds for the refusal; (bb) the weighty grounds shall be linked to the consumer or his/her earlier behaviour. Such grounds may relate for instance to (a) criminal offences such as fraud committed by the consumer; (b) false and misleading information provided by the consumer resulting to an unjustified access to a payment account with basic features; (c) a risk for the payment service provider of supporting criminal activities; (d) essential and persistent breaches of contract; or (e) any other grounds being similar to ones listed in paragraph 2, points (a) to (d).
Amendment 577 #
Proposal for a directive Article 15 – paragraph 3 – point b b (new) (bb) where the consumer is unable to prove any link to the Member State.
Amendment 578 #
Proposal for a directive Article 15 – paragraph 3 – point b b (new) (bb) where the termination grounds mentioned in Art. 18 (2) of this Directive have not been met at the time of the application for the payment account.
Amendment 579 #
Proposal for a directive Article 15 – paragraph 3 – point b b (new) (bb) where the consumer fails to justify the genuine link as stipulated in Article 15 (2);
Amendment 580 #
Proposal for a directive Article 15 – paragraph 3 – point b b (new) (bb) the provision of the account would otherwise be contrary to national law; and
Amendment 581 #
Proposal for a directive Article 15 – paragraph 3 – point b c (new) (bc) where payment service providers suspect that a consumer will use the account for unauthorised or fraudulent purposes;
Amendment 582 #
Proposal for a directive Article 15 – paragraph 3 – point b c (new) (bc) where the consumer provides materially false information;
Amendment 583 #
Proposal for a directive Article 15 – paragraph 3 – point b d (new) (bd) where payment services providers have an objectively justified reason to suspect that a consumer will use the account for unauthorised or fraudulent purposes;
Amendment 584 #
Proposal for a directive Article 15 – paragraph 3 – point b e (new) (be) where the opening of an account would result in the payment service provider breaching EU, UN or international sanctions regimes.
Amendment 585 #
Proposal for a directive Article 15 – paragraph 4 4. Member States shall ensure that, in the cases indicated in paragraph 3, the payment service provider immediately informs the consumer of the refusal, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy. The written information shall include the reasons for refusal. Furthermore, the consumer shall be informed of at least one channel of appeal or consultation service available to him free of charge or at a reasonable fee in the Member State concerned in accordance with detailed provisions drawn up by the Member States.
Amendment 586 #
Proposal for a directive Article 15 – paragraph 4 4. Member States shall ensure that, in the cases indicated in paragraph 3, the payment service provider immediately informs the consumer of the refusal, in writing and free of charge
Amendment 587 #
Proposal for a directive Article 15 – paragraph 4 4. Member States shall ensure that, in the cases indicated in paragraph 3, the payment service provider immediately informs the consumer of the specific reasons for the refusal, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy. The written notification shall include information for the consumer regarding possible channels of appeal or consultation services available to him should he wish to contest the refusal. If several channels of appeal or consultation services are available in a Member State, the notification shall inform him of at least one channel of appeal or consultation service available to him free of charge or at a reasonable fee.
Amendment 588 #
Proposal for a directive Article 15 – paragraph 4 4. Member States shall ensure that, in the cases indicated in paragraph 3, the payment service provider immediately informs the consumer of the refusal and the reason for it, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy.
Amendment 589 #
Proposal for a directive Article 15 – paragraph 4 4. Member States shall ensure that, in the cases indicated in paragraph 3, the payment service provider immediately informs the consumer of the refusal, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy or the relevant Union or national legislation.
Amendment 590 #
Proposal for a directive Article 15 – paragraph 4 a (new) 4a. Consumers already holding a payment account in the corresponding Member State shall also be able to switch to a basic payment account using the switching service provided in Article 10.
Amendment 591 #
Proposal for a directive Article 15 – paragraph 5 Amendment 592 #
Proposal for a directive Article 15 – paragraph 6 6. Member States shall ensure that access to a payment account with basic features is not made conditional on the purchase of additional services or of shares of the Payment Service Provider.
Amendment 593 #
Proposal for a directive Article 15 – paragraph 6 6. Member States shall ensure that access to a payment account with basic features is not made conditional on the purchase of additional services or of shares offered by the payment service provider.
Amendment 594 #
Proposal for a directive Article 16 – paragraph 1 – introductory part 1. Member States shall ensure that a payment account with basic features includes the following
Amendment 595 #
Proposal for a directive Article 16 – paragraph 1 – introductory part 1. Member States shall ensure that a payment account with basic features includes the following
Amendment 596 #
Proposal for a directive Article 16 – paragraph 1 – introductory part 1. Member States shall ensure that a payment account with basic features in the currency of the Member State where the payment service provider is located includes the following payment services:
Amendment 597 #
Proposal for a directive Article 16 – paragraph 1 – introductory part 1. Member States shall ensure that a payment account with basic features in the currency of the Member State where the payment service provider is located includes the following payment services:
Amendment 598 #
Proposal for a directive Article 16 – paragraph 1 – introductory part 1. Member States shall ensure that a payment account with basic features includes
Amendment 599 #
Proposal for a directive Article 16 – paragraph 1 – point a Amendment 600 #
Proposal for a directive Article 16 – paragraph 1 – point a (a) services enabling all the operations required for the opening, operating and closing of a
Amendment 601 #
Proposal for a directive Article 16 – paragraph 1 – point b Amendment 602 #
Proposal for a directive Article 16 – paragraph 1 – point b (b) services enabling
Amendment 603 #
Proposal for a directive Article 16 – paragraph 1 – point b (b) services enabling
Amendment 604 #
Proposal for a directive Article 16 – paragraph 1 – point c Amendment 605 #
Proposal for a directive Article 16 – paragraph 1 – point c (c) services enabling cash withdrawals within the Union from a payment account at branch offices and at cash dispensers both during and outside business hours;
Amendment 606 #
Proposal for a directive Article 16 – paragraph 1 – point c (c) services enabling cash withdrawals from a current account, at the bank counter and at automated teller machines outside the bank's opening hours, within the Union from a payment account;
Amendment 607 #
Proposal for a directive Article 16 – paragraph 1 – point c (c) services enabling cash withdrawals within the Union from a payment account at counters and automatic teller machines, including outside branch opening hours;
Amendment 608 #
Proposal for a directive Article 16 – paragraph 1 – point c (c) services enabling cash withdrawals
Amendment 609 #
Proposal for a directive Article 16 – paragraph 1 – point c a (new) (ca) services enabling the use of ATM and bank terminals beyond the regular opening hours of the payment service provider;
Amendment 610 #
Proposal for a directive Article 16 – paragraph 1 – point c b (new) (cb) monthly account statements.
Amendment 611 #
Proposal for a directive Article 16 – paragraph 1 – point d Amendment 612 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 1 (1) SEPA and non-Euro direct debit;
Amendment 613 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 1 (1) SEPA and non-Euro direct debit;
Amendment 614 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 2 (2) payment transactions through a
Amendment 615 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 2 (2) payment transactions through a
Amendment 616 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 2 (2) SEPA and non-Euro payment transactions through a payment card, including online payments;
Amendment 617 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 2 (2) SEPA and non-Euro payment transactions through a payment card, including online payments;
Amendment 618 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 2 (2) payment transactions through a payment card
Amendment 619 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 3 (3) SEPA and non-Euro credit transfers.
Amendment 620 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 3 (3) SEPA and non-Euro credit transfers.
Amendment 621 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 3 (3) credit transfers and standing orders at bank branch terminals or branch offices and on the online banking system currently used by the bank concerned.
Amendment 622 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 3 (3) credit transfers and standing orders at bank terminals, at bank counters and via the current online banking system of the respective payment service provider.
Amendment 623 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 3 a (new) (3a) SEPA and non-Euro standing orders and direct debit authorisations.
Amendment 624 #
Proposal for a directive Article 16 – paragraph 1 – point d a (new) (da) SEPA and non-Euro standing orders ;
Amendment 625 #
Proposal for a directive Article 16 – paragraph 1 – point d – subparagraph 1 a (new) Member States may stipulate special conditions for use of online banking systems.
Amendment 626 #
Proposal for a directive Article 16 – paragraph 1 – point d – point 3 a (new) (3a) standing orders.
Amendment 627 #
Proposal for a directive Article 16 – paragraph 2 Amendment 628 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall
Amendment 629 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall determine, for all the services referred to in paragraph 1, a minimum number of operations which will be provided to the consumer for the fee, if any, referred to in Article 17. The minimum number of operations shall be reasonable and in line with the common commercial practice in the Member State concerned and shall be at least 15 per month.
Amendment 630 #
Proposal for a directive Article 16 – paragraph 2 2.
Amendment 631 #
Proposal for a directive Article 16 – paragraph 2 2.
Amendment 632 #
Proposal for a directive Article 16 – paragraph 3 3. Member States shall ensure that the consumer is able to manage and initiate payment transactions from the consumer's payment account with basic features via the payment service provider's bank counter or online banking facilities, where available. Therefore, the Payment Service Provider shall provide a payment instrument to the consumer, which allows to initiate non-cash payments through the use of IBAN and an online banking key in plain writing and in an electronically readable form, if applicable.
Amendment 633 #
Proposal for a directive Article 16 – paragraph 3 3. Member States shall ensure that the consumer is able to manage and initiate payment transactions from the consumer's payment account with basic features via the payment service provider's bank counter and online banking facilities, where available.
Amendment 634 #
Proposal for a directive Article 16 – paragraph 4 4. Member States shall ensure that the consumer
Amendment 635 #
Proposal for a directive Article 16 – paragraph 4 4. Member States shall ensure that the consumer is not offered any overdraft facilities in conjunction with the payment account with basic features. Member States should be able however, where appropriate, to allow payment service providers to provide small overdrafts as a buffer to cover temporary negative balances. The fees charged for such overdrafts and for separate credit products should be transparent and at least as favourable as usual pricing policy of the provider.
Amendment 636 #
Proposal for a directive Article 16 – paragraph 4 4. Member States shall ensure that the consumer is not offered any overdraft facilities other than a temporary buffering facility for a very small amount in conjunction with the payment account with basic features.
Amendment 637 #
Proposal for a directive Article 16 – paragraph 4 a (new) 4a. Member States shall ensure that payment service providers provide all consumers with accessible information, premises, ATM and online facilities, and offer alternatives to digital services.
Amendment 638 #
Proposal for a directive Article 16 – paragraph 4 a (new) 4a. The Commission shall be empowered to adopt implementing acts in accordance with Article 25 in order to determine what the minimum number of operations as referred to in paragraph 2 shall be.
Amendment 639 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or for a reasonable fee which should in any case not be higher than the fees applied for payment services linked to the payment account model service, which the payment service provider sold to most of its customers.
Amendment 640 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers
Amendment 641 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers
Amendment 642 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge, notably for people with low income receiving social benefits, or for a reasonable fee.
Amendment 643 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or for a
Amendment 644 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall ensure that the fees charged to the consumer for non- compliance with the consumer's commitments laid down in the framework contract are reasonable. The consumer shall not be charged any fees in situations independent of his will, such as rejected recurrent payment due to late incoming payments.
Amendment 645 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall ensure that the fees charged to the consumer for non- compliance with the consumer's commitments laid down in the framework contract are reasonable. In situations independent of his will, the consumer shall not be charged any fees, such as in cases of rejected recurrent payments due to a late incoming payment.
Amendment 646 #
Proposal for a directive Article 17 – paragraph 2 2. Member States shall ensure that the fees charged to the consumer for non- compliance with the consumer's commitments laid down in the framework contract are reasonable and never higher than the fees of the regular pricing policy of the provider.
Amendment 647 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2a. Member States shall require payment service providers to ensure that, among the products they offer, the payment account with basic features is always the most affordable account for making use of the services listed in Article 16(1).
Amendment 648 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2a. In the cases where services indicated in Article 16 are not offered free of charge, Member States shall also ensure that competent authorities establish an upper limit for the total amount of the nominal fees charged in a year by a payment service provider to the consumer.
Amendment 649 #
Proposal for a directive Article 17 – paragraph 2 b (new) 2b. Member States shall establish a reasonable upper limit for the total amount of fees charged in a year by a payment service provider to the consumer for the services listed in Article 16(1).
Amendment 650 #
Proposal for a directive Article 17 – paragraph 3 Amendment 651 #
Proposal for a directive Article 17 – paragraph 3 – introductory part 3. Member States shall ensure that the competent authorities establish what constitutes a reasonable fee according to one or several of the following (or other)criteria:
Amendment 652 #
Proposal for a directive Article 17 – paragraph 3 – introductory part 3. Member States shall ensure that the competent authorities establish what constitutes a reasonable fee, as well as a reasonable upper limit for the total amount of fees charged in a year, according to one or several of the following criteria:
Amendment 653 #
Proposal for a directive Article 17 – paragraph 3 – point a (a) national income levels, with particular regard to the average income of people living at risk of poverty or social exclusion;
Amendment 654 #
Proposal for a directive Article 17 – paragraph 3 – point c (c) t
Amendment 655 #
Proposal for a directive Article 17 – paragraph 3 – subparagraph 1 a (new) Fees for a payment account with basic functions shall always be based on the most favourable rate for an account for basic transactions, compared with the overall range of products offered, irrespective of the yardstick, or shall not be higher than the fees charged by the payment service provider for the type of account most frequently made available.
Amendment 656 #
Proposal for a directive Article 17 – paragraph 4 Amendment 657 #
Proposal for a directive Article 17 – paragraph 4 Amendment 658 #
Proposal for a directive Article 18 – paragraph 1 a (new) 1a. Member States shall ensure that a payment service provider may unilaterally terminate a framework contract under terms and conditions which are non- discriminatory and reasonable under relevant Union or national legislation.
Amendment 659 #
Proposal for a directive Article 18 – paragraph 2 – introductory part 2. The payment service provider may unilaterally terminate a framework contract only where at least one of the following conditions is met:
Amendment 660 #
Proposal for a directive Article 18 – paragraph 2 – introductory part 2. The payment service provider may unilaterally terminate a framework contract
Amendment 661 #
Proposal for a directive Article 18 – paragraph 2 – introductory part 2. The payment service provider may unilaterally terminate a framework contract
Amendment 662 #
Proposal for a directive Article 18 – paragraph 2 – point a (a) the consumer deliberately used or abused the account for
Amendment 663 #
Proposal for a directive Article 18 – paragraph 2 – point a (a) the consumer deliberately abused the account services including for criminal activities;
Amendment 664 #
Proposal for a directive Article 18 – paragraph 2 – point a (a) the consumer
Amendment 665 #
Proposal for a directive Article 18 – paragraph 2 – point b Amendment 666 #
Proposal for a directive 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 667 #
Proposal for a directive Article 18 – paragraph 2 – point b (b) there has been no transaction on the account for more than
Amendment 668 #
Proposal for a directive Article 18 – paragraph 2 – point b (b) there has been no transaction on the account for more than
Amendment 669 #
Proposal for a directive Article 18 – paragraph 2 – point c (c) the consumer knowingly provided incorrect information in order to obtain the payment account with basic features where the correct information would have resulted in the a
Amendment 670 #
Proposal for a directive 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
Amendment 671 #
Proposal for a directive Article 18 – paragraph 2 – point d (d) the consumer is no longer legally resident
Amendment 672 #
Proposal for a directive Article 18 – paragraph 2 – point d (d) the consumer is no longer legally pres
Amendment 673 #
Proposal for a directive Article 18 – paragraph 2 – point d (d) the consumer is no longer legally pres
Amendment 674 #
Proposal for a directive 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 675 #
Proposal for a directive Article 18 – paragraph 2 – point d a (new) (da) the actions of the consumer are such as to constitute a flagrantly unacceptable threat or disturbance to the staff or other clientele of the credit institution.
Amendment 676 #
Proposal for a directive Article 18 – paragraph 2 – point d a (new) (da) the consumer rudely harasses or endangers other customers or employees of the bank;
Amendment 677 #
Proposal for a directive Article 18 – paragraph 2 – point d a (new) (da) where the consumer seriously or persistently breaks any terms of agreement;
Amendment 678 #
Proposal for a directive Article 18 – paragraph 2 – point d b (new) (db) the consumer infringes other provisions of the contract.
Amendment 679 #
Proposal for a directive Article 18 – paragraph 2 – point d a (new) (da) the consumer provided false or misleading information which is essential for the contractual relationship;
Amendment 680 #
Proposal for a directive Article 18 – paragraph 2 – point d b (new) (db) where it is not ensured that the bank will receive the customary fees agreed for the operation and use of the account;
Amendment 681 #
Proposal for a directive Article 18 – paragraph 2 – point d b (new) (db) the consumer perpetrated essential breach of the contract;
Amendment 682 #
Proposal for a directive Article 18 – paragraph 2 – point d c (new) (dc) where the consumer otherwise fails to abide by the arrangements.
Amendment 683 #
Proposal for a directive Article 18 – paragraph 2 – point d c (new) (dc) the consumer has rejected an offer of altered terms and conditions made by the payment service provider pursuant to Directive 2007/64/EC.
Amendment 684 #
Proposal for a directive Article 18 – paragraph 2 a (new) 2a. In these or similar cases, the payment service provider has right to terminate the contract immediately or as soon as possible.
Amendment 685 #
Proposal for a directive Article 18 – paragraph 2 b (new) 2b. The payment service provider's right to terminate a framework contract is without prejudice to obligations to terminate the contract or suspend the provision of the service under relevant Union or national legislation.
Amendment 686 #
Proposal for a directive Article 18 – paragraph 3 3. Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination at least 2 months before the termination enters into force, in writing and free of charge. The burden of proof shall lie with the payment service provider. Furthermore, Member States shall ensure that consumers have to be informed about at least one free of charge or low-priced legal advice or counselling service and the alternative dispute resolution body, which is available in the respective Member State.
Amendment 687 #
Proposal for a directive Article 18 – paragraph 3 3. Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination, and of the alternative dispute resolution mechanisms available, at least 2 months before the termination enters into force, in writing and free of charge.
Amendment 688 #
Proposal for a directive Article 18 – paragraph 3 3. Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination at least 2 months before the termination enters into force, in writing and free of charge. The written notification shall contain information for the consumer regarding at least one channel of appeal or consultation service available in the Member State concerned free of charge or for a reasonable fee in accordance with detailed provisions drawn up by the Member States.
Amendment 689 #
Proposal for a directive Article 18 – paragraph 3 3. Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination at least 2 months before the termination enters into force, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy.
Amendment 690 #
Proposal for a directive Article 18 – paragraph 3 3. Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination at least 2 months before the termination enters into force, in writing and free of charge, except if the consumer is suspected of using the payment account for criminal or fraudulent activities, in which case the contract may be terminated right away.
Amendment 691 #
Proposal for a directive Article 18 – paragraph 3 3. Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination
Amendment 692 #
Proposal for a directive Article 19 – title Amendment 693 #
Proposal for a directive Article 19 – paragraph 2 2. Member States shall ensure that payment service providers actively make available to consumers information about the specific features of the payment account with basic features on offer, their associated fees and the
Amendment 694 #
Proposal for a directive Article 19 – paragraph 2 2. Member States shall ensure that payment service providers make available to consumers
Amendment 695 #
Proposal for a directive 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.
Amendment 696 #
Proposal for a directive Article 19 – paragraph 2 a (new) 2a. Member States shall require educational establishments and consultation services to develop services for the most vulnerable customers providing them with guidance and assistance in the responsible management of their finances. The Member States shall encourage initiatives to achieve this and improve financial education at schools and elsewhere;
Amendment 697 #
Proposal for a directive Article 19 – paragraph 2 a (new) 2a. Member States shall ensure that measures are taken to assist vulnerable members of society with matters concerning budgeting and overindebtedness.
Amendment 698 #
Proposal for a directive Article 19 – paragraph 2 a (new) 2a. Member States shall ensure that payment service providers required to offer payment accounts with basic features publish, on an annual basis, data on the number of payment accounts with basic features applied for, rejected, opened, and closed during the relevant year. This data should be analysed and published by the following categories: income; employment status; ethnicity, age; gender, disability status. Where appropriate, the relevant data should be collected and published at three levels: (a) bank branch/ office level; (b) inclusion Assessment Area: this should be based on the appropriate and relevant assessment area agreed by Member States; (c) corporate level: data should be aggregated from branch and assessment area level to allow for an overall assessment of the bank's performance.
Amendment 699 #
Proposal for a directive Article 19 – paragraph 2 b (new) 2b. Member States shall ensure that the competent authorities publish, including on their website, an audit of the performance of each bank in terms of its compliance with the right of access requirement. To this purpose, relevant payment providers shall be independently rated according to their performance in the provision of payment accounts with basic features and a rating of the top ten banks by market share shall be published at an annual basis. All relevant data shall be passed to the European Commission and to the European Banking Authority (EBA).
Amendment 700 #
Proposal for a directive Article 20 – paragraph 2 2. The authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties. Where more than one competent authority is empowered to ensure and monitor effective compliance with this Directive, Member States shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively. Those authorities shall closely cooperate with the competent authorities of other Member States to ensure the correct and full application of the measures established in this Directive.
Amendment 701 #
Proposal for a directive Article 20 – paragraph 2 a (new) 2a. The authorities referred to in paragraph 1 shall regularly consult relevant stakeholders, including consumers' representatives, to ensure and monitor effective compliance with this Directive, without prejudice to the independence clause referred to in paragraph 1.
Amendment 702 #
Proposal for a directive Article 21 – paragraph 1 a (new) 1a. Member States shall ensure equal representation of providers, consumers and other users within the alternative dispute resolution bodies.
Amendment 703 #
Proposal for a directive Article 21 – paragraph 1 a (new) 1a. Member States shall ensure that the payment account providers commit to at least to one or more ADR bodies.
Amendment 704 #
Proposal for a directive Article 21 – paragraph 1 b (new) 1b. Member States shall ensure that payment service providers inform the consumer about the alternative dispute resolution entities by which they are covered and which are competent to deal with potential disputes between themselves and the consumer. They shall also specify whether or not they commit or are obliged to use these entities to resolve disputes with consumers.
Amendment 705 #
Proposal for a directive Article 21 – paragraph 1 c (new) 1c. The information referred to in paragraph 1b shall be mentioned in a clear, comprehensible and easily accessible way on the providers' website, where one exists and in the general terms and conditions of sales or service contracts between the provider and the consumer.
Amendment 706 #
Proposal for a directive Article 21 – paragraph 1 d (new) 1d. Member States may maintain or introduce alternative disputes resolution procedures dealing jointly with identical or similar disputes between a payment service provider and several consumers. Alternative disputes resolutions systems for both individual and collective disputes and redress shall be complementary and not mutually exclusive procedures.
Amendment 707 #
Proposal for a directive Article 23 – paragraph 1 a (new) 1a. The pecuniary penalties shall as much as possible be quantified at European level to ensure the effective implementation of the national provisions adopted pursuant to this Directive. Member State shall ensure that administrative measures and sanctions are systematically published by the competent authorities.
Amendment 708 #
Proposal for a directive Article 23 Amendment 709 #
Proposal for a directive Article 23 Amendment 710 #
Proposal for a directive Article 23 Amendment 711 #
Proposal for a directive Article 24 Amendment 712 #
Proposal for a directive Article 24 Amendment 713 #
Proposal for a directive Article 24 Amendment 714 #
Proposal for a directive Article 25 Amendment 715 #
Proposal for a directive Article 25 Amendment 716 #
Proposal for a directive Article 26 – paragraph 1 – introductory part Member States shall provide the Commission with information on the following matters for the first time within 3 years from entry into force of this Directive and
Amendment 717 #
Proposal for a directive Article 26 – paragraph 1 – introductory part Member States shall provide the Commission with information on the following matters for the first time within
Amendment 718 #
Proposal for a directive Article 26 – paragraph 1 – point d (d) the number of payment accounts with basic features opened, the length of time for which such accounts are held, the number and grounds for refusal and closure and the associated charges.
Amendment 719 #
Proposal for a directive Article 26 – paragraph 1 – point d a (new) (da) the measures taken to assist vulnerable members of society with matters concerning budgeting and overindebtedness.
Amendment 720 #
Proposal for a directive Article 27 – paragraph 1 1. The Commission shall present to the European Parliament and the Council, within
Amendment 721 #
Proposal for a directive Article 27 – paragraph 1 – subparagraph 1 Amendment 722 #
Proposal for a directive Article 27 – paragraph 2 a (new) 2a. The review shall assess, on the basis of the fees actually charged for services linked to payment accounts with basic features, whether further reductions of the fees are needed in order to take financial exclusion down to acceptable levels. In this context, the possibility of moving to a consistent free of charge approach shall be considered.
Amendment 723 #
Proposal for a directive Article 27 – paragraph 2 b (new) 2b. The review shall assess whether the switching service provisions in Article 10 need to be enhanced by an obligation for all Member States to ensure that there is a system for automated redirection of standing orders and direct debits to the account held by the consumer with the receiving payment service provider.
Amendment 724 #
Proposal for a directive Article 27 – paragraph 3 Amendment 725 #
Proposal for a directive Article 27 – paragraph 3 3. The review shall also assess whether
Amendment 726 #
Proposal for a directive Article 27 – paragraph 3 3. The review shall also assess whether
Amendment 727 #
Proposal for a directive Article 27 – paragraph 3 a (new) 3a. By 1 January 2015, the Commission shall report to the European Parliament and the Council on any legal obstacles which are capable of rendering cross- border switching impossible, and is invited to make a legislative proposal, if appropriate, by 31 December 2015 on which of those obstacles should be removed.
Amendment 728 #
Proposal for a directive Article 27 – paragraph 3 a (new) 3a. The review shall also assess whether the system of switching payment accounts should be extended to the switching of other accounts;
Amendment 729 #
Proposal for a directive Article 27 – paragraph 3 b (new) 3b. The Commission shall present to the European Parliament and the Council, within three years of entry into force of this Directive, a regulatory impact assessment whether there is a justifiable and proportionate need within the Union for cross-border switching of payment accounts to be facilitated.
Amendment 730 #
Proposal for a directive Article 28 – paragraph 1 1. Member States shall adopt and publish, by [
Amendment 731 #
Proposal for a directive Article 28 – paragraph 1 1. Member States shall adopt and publish, by [
Amendment 732 #
Proposal for a directive Article 28 – paragraph 1 1. Member States shall adopt and publish, by [
Amendment 733 #
Proposal for a directive Article 28 – paragraph 1 1. Member States shall adopt and publish, by [
Amendment 734 #
Proposal for a directive Article 28 – paragraph 1 – subparagraph 1 a (new) Where the documents accompanying notification of transposition measures provided by the Member States are not sufficient to assess fully the compliance of those measures with certain provisions of this Directive, the Commission may, upon EBA's request with a view to carrying out its tasks under Regulation (EU) No 1093/2010, or on its own initiative, require Member States to provide more detailed information regarding the transposition of this Directive and the implementation of those measures.
source: PE-516.948
2013/10/14
IMCO
99 amendments...
Amendment 100 #
Proposal for a directive 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 and upon request. This statement may be communicated to consumers electronically or on paper as agreed between parties.
Amendment 101 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that payment service providers provide the consumer free of charge with a statement of all fees incurred on their payment account
Amendment 102 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that payment service providers provide the consumer with an electronic statement of all fees incurred on their payment account at least annually.
Amendment 103 #
Proposal for a directive Article 5 – paragraph 1 a (new) 1a. Member States shall insure that consumers are informed comprehensively and well in advance in written or electronically when a service provider intends to increase any fees before the annual statement is published.
Amendment 104 #
Proposal for a directive Article 5 – paragraph 2 – point a (a) the unit fee charged for each service, or in case of a package, the fee for the entire package considering it as a single service, the number of times the service was used during the relevant period and the date on which the service was used;
Amendment 105 #
Proposal for a directive Article 5 – paragraph 2 – point b (b) the total amount of fees incurred for each service or packages of services provided during the relevant period;
Amendment 106 #
Proposal for a directive Article 5 – paragraph 2 – point c (c) the total amount of fees incurred for all services or packages of services provided during the relevant period.
Amendment 107 #
Proposal for a directive Article 5 – paragraph 2 – point c a (new) (ca) the number of days the account was overdrawn, the interest rates applied and the total amount of interest paid during the relevant period;
Amendment 108 #
Proposal for a directive Article 5 – paragraph 3 a (new) 3a. Member States shall make sure that consumers are warned in advance when a payment service provider intends to increase any fees before the annual statement is published.
Amendment 109 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that in their contractual and commercial information, payment service providers use
Amendment 110 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall ensure that in their contractual and commercial information, payment service providers use, where relevant, the terms and definitions contained in the list of
Amendment 111 #
Proposal for a directive Article 6 – paragraph 2 2. Payment service providers may use brand names to designate their services in their contractual and commercial information, subject to the condition that they identify, where relevant, the corresponding term in the list of all services linked to the payment account, referred to in Article 3, paragraph
Amendment 112 #
Proposal for a directive Article 7 – paragraph 2 – point a (a) be operationally independent of any
Amendment 113 #
Proposal for a directive Article 7 – paragraph 2 – point a a (new) (aa) be impartial and clearly set out the criteria used to determine a recommended payment account to a payment service user;
Amendment 114 #
Proposal for a directive Article 7 – paragraph 2 – point a b (new) (ab) not display advertisements from payment service providers, their agents, affiliates or brands on the home page or on the comparison pages;
Amendment 115 #
Proposal for a directive Article 7 – paragraph 2 – point c (c) provide up-to-date accurate and user- friendly information;
Amendment 116 #
Proposal for a directive Article 7 – paragraph 2 – point d (d) provide a sufficiently broad overview of the payment accounts market and provide information on how much of the market share is covered by their website;
Amendment 117 #
Proposal for a directive Article 7 – paragraph 2 – point e a (new) (ea) have systems in place to avoid conflicts of interest, in order to ensure that any direct or indirect ownership or business relationships do not impede compliance with the conditions listed in this Paragraph;
Amendment 118 #
Proposal for a directive Article 7 – paragraph 3 Amendment 119 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall ensure that when a payment account is offered together with another service or product as part of a package, the payment service provider informs the consumer of
Amendment 120 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall ensure that when a payment account is offered together with another financial service or product as part of a package, the payment service provider informs the consumer of whether it is possible to buy the payment account separately and if so provides separate information regarding the costs and fees associated with each of the financial products and services offered in the package, insofar as these can also be bought separately.
Amendment 121 #
Proposal for a directive Article 8 – paragraph 2 a (new) 2a. The acquisition of a share in a cooperative shall not be deemed to be a product or a service within the meaning of paragraph 2.
Amendment 122 #
Proposal for a directive Article 9 – paragraph 1 The provisions related to the switching as laid down in Chapter III apply only to the switching of payment accounts within a Member State. Each Member State
Amendment 123 #
Proposal for a directive 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
Amendment 124 #
Proposal for a directive Article 9 – paragraph 1 a (new) Regarding switching between domestic payment service providers, Member States may uphold or establish provisions that deviate from those outlined in Article 10 if this entails efficiencies that are clearly in the interest of the consumer. This applies in particular to existing switching services systems.
Amendment 125 #
Proposal for a directive Article 10 – paragraph 3 – introductory part 3. Within
Amendment 126 #
Proposal for a directive Article 10 – paragraph 3 – point a a (new) (aa) provide a mechanism for automated redirection of the standing orders and direct debits to the account held by the consumer with the receiving payment service provider during a period of at least one year. (This paragraph is (-a). This paragraph is to be put before Paragraph (a).)
Amendment 127 #
Proposal for a directive Article 10 – paragraph 6 – point d (d) close the payment account free of charge;
Amendment 128 #
Proposal for a directive Article 10 – paragraph 8 Amendment 129 #
Proposal for a directive Article 10 – paragraph 8 Amendment 130 #
Proposal for a directive Article 10 – paragraph 9 Amendment 131 #
Proposal for a directive Article 11 – paragraph 3 Amendment 132 #
Proposal for a directive Article 11 – paragraph 3 Amendment 133 #
Proposal for a directive Article 11 – paragraph 3 3. Member States shall ensure that no fees
Amendment 134 #
Proposal for a directive Article 11 – paragraph 4 4. Member States shall ensure that no fees
Amendment 135 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded as soon as possible by that payment service provider.
Amendment 136 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is immediately refunded by that payment service provider. The burden of proof shall rest with the payment service provider, which shall demonstrate that the conditions laid down in Article 10 have been respected.
Amendment 137 #
Proposal for a directive Article 13 – paragraph 1 – point c Amendment 138 #
Proposal for a directive Article 14 – paragraph 1 Member States shall ensure that consumers legally
Amendment 139 #
Proposal for a directive Article 15 Amendment 140 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that a
Amendment 141 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that at least one payment service provider in their
Amendment 142 #
Proposal for a directive Article 15 – paragraph 1 1. Member States shall ensure that a
Amendment 143 #
Proposal for a directive Article 15 – paragraph 1 a (new) 1a. Member States shall ensure that when a consumer is denied a payment account on the free market, the refusal letter of the payment service provider contains a mandatory notice about the legal right to a basic payment account and the alternative dispute resolution body and its contact details.
Amendment 144 #
Proposal for a directive 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
Amendment 145 #
Proposal for a directive Article 15 – paragraph 2 2. Member States shall ensure that consumers legally
Amendment 146 #
Proposal for a directive 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. 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 opening the payment account with basic features, payment service providers shall verify
Amendment 147 #
Proposal for a directive Article 15 – paragraph 2 a (new) 2a. Member States shall 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 148 #
Proposal for a directive Article 15 – paragraph 3 – point b a (new) (ba) where criminal offences, such as fraud, have been identified.
Amendment 149 #
Proposal for a directive Article 15 – paragraph 3 – point b a (new) (ba) where a consumer already has a payment account with basic features in another Member State.
Amendment 150 #
Proposal for a directive Article 15 – paragraph 3 a (new) 3a. Where the consumer has provided false information in order to obtain a payment account with basic features, and would otherwise, i.e. with the correct information, have been denied the right to obtain such account;
Amendment 151 #
Proposal for a directive Article 15 – paragraph 4 4. Member States shall ensure that, in the cases indicated in paragraph 3, the payment service provider immediately informs the consumer of the refusal and the reason of the refusal, in writing and free
Amendment 152 #
Proposal for a directive Article 16 Amendment 153 #
Proposal for a directive Article 16 – paragraph 4 4. Member States shall ensure that the consumer is not offered any overdraft facilities
Amendment 154 #
Proposal for a directive Article 17 Amendment 155 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or for a
Amendment 156 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge
Amendment 157 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers
Amendment 158 #
Proposal for a directive Article 17 – paragraph 3 Amendment 159 #
Proposal for a directive Article 18 Amendment 160 #
Proposal for a directive Article 18 – paragraph 2 – point a (a) the consumer deliberately used the account for criminal activities, money laundering or the financing of terrorism;
Amendment 161 #
Proposal for a directive Article 18 – paragraph 2 – point b (b) there has been no transaction on the account for more than
Amendment 162 #
Proposal for a directive Article 18 – paragraph 2 – point b (b) there has been no transaction on the account for more than 12 consecutive months despite prior notification on two occasions, after 10 and 11 consecutive months of inactivity respectively;
Amendment 163 #
Proposal for a directive Article 19 Amendment 164 #
Proposal for a directive Article 19 – paragraph 2 2. Member States shall ensure that payment service providers make available to consumers
Amendment 165 #
Proposal for a directive Article 19 – paragraph 2 a (new) 2a. Member States shall support initiatives in educational establishments and consultation services to improve financial education in order to combat over-indebtedness and minimise the risk of financial exclusion for all consumers. Payment service providers which offer to consumers guidance and assistance in the responsible management of their finances shall be encouraged.
Amendment 166 #
Proposal for a directive Article 20 – paragraph 2 2. The authorities referred to in paragraph 1 shall possess all the powers necessary for the performance of their duties. These authorities shall regularly consult with relevant stakeholders, including consumers' representatives, to ensure and monitor effective compliance with this Directive. Where more than one competent authority is empowered to ensure and monitor effective compliance with this Directive, Member States shall ensure that those authorities collaborate closely so that they can discharge their respective duties effectively.
Amendment 68 #
Proposal for a directive Recital 18 (18) Comparison websites are an effective means for consumers to assess the merits of different payment account offers and of the general banking policies in respect of social responsibility in a single space. They can provide the right balance between the need for information to be clear and concise, yet complete and comprehensive, by enabling users to obtain more detailed information where this is of interest to them. They can also reduce search costs as consumers will not need to collect information separately from payment service providers.
Amendment 69 #
Proposal for a directive Recital 19 (19) In order to obtain impartial information on bank fees as well as on general banking policies in respect of social responsibility, consumers should be able to access comparison websites which are operationally independent from payment service providers. Member States should therefore ensure that at least one such website is available to consumers in their respective territories. Such comparison websites may be operated by competent authorities, other public authorities and/or accredited private operators. Member States should establish
Amendment 70 #
Proposal for a directive Recital 20 (20) It is current practice for payment service providers to offer a payment account in a package with other financial products or services. This practice can be a means for payment service providers to diversify their offer and to compete against each other, and in the end it can be beneficial for consumers. However the Commission study on tying practices in the financial sector conducted in 2009 as well as relevant consultations and consumer complaints have showed that payment service providers may offer bank accounts packaged with products not requested by consumers and which are not essential for payment accounts, such as household insurance. Moreover, it has been observed that these practices may reduce transparency and comparability of prices, limit purchasing options for consumers and negatively impact upon their mobility. Therefore, Member States should ensure that when payment service providers offer
Amendment 71 #
Proposal for a directive Recital 20 (20) It is current practice for payment service providers to offer a payment account in a package with other financial products or services. This practice can be a means for payment service providers to diversify their offer and to compete against each other, and in the end it can be beneficial for consumers. However the Commission study on tying practices in the financial sector conducted in 2009 as well as relevant consultations and consumer complaints have showed that payment service providers may offer bank accounts packaged with products not requested by consumers and which are not essential for payment accounts, such as household insurance. Moreover, it has been observed that these practices may reduce transparency and comparability of prices, limit purchasing options for consumers and negatively impact upon their mobility. Therefore, Member States should ensure
Amendment 72 #
Proposal for a directive Recital 21 (21) Consumers are only incentivised to switch accounts if the process does not entail an excessive administrative and financial burden. The procedure for switching payment accounts to another payment service provider should be clear and quick. The fees, if any, charged by payment service providers in relation to the switching service should be in line with the actual cost incurred by payment service providers.
Amendment 73 #
Proposal for a directive Recital 24 a (new) (24a) In all Member States automatic redirection services in case of switching should be introduced. The European Commission should conduct a preliminary analysis on the establishment of a system to ensure EU-wide payment account number portability.
Amendment 74 #
Proposal for a directive Recital 25 a (new) (25a) To facilitate payment account switching in the long term, EU-wide payment account number portability system is necessary. The European Commission should be mandated to conduct an in-depth cost-benefit analysis and feasibility study on the EU-wide payment account number portability with a view to elaborating a technically feasible and efficient way to introduce this policy within the next years. In the meantime, the automatic redirection services should be introduced in all Member States as an intermediary solution.
Amendment 75 #
Proposal for a directive Recital 27 (27) Consumers who are legally
Amendment 76 #
Proposal for a directive Recital 27 (27) Consumers who are legally resident in the Union and who do not hold a payment account in a certain Member State should be in a position to open and use a payment account with basic features in that Member State. In order to ensure the widest possible access to such accounts, consumers should have access to them irrespective of their financial circumstances
Amendment 77 #
Proposal for a directive Recital 27 (27) Consumers who are legally resident in the Union and who do not hold a payment account in a certain Member State should be in a position to open and use a payment account with basic features in that Member State. In order to ensure the widest possible access to such accounts, consumers should have access to them irrespective of their financial circumstances, such as
Amendment 78 #
Proposal for a directive Recital 27 (27) Consumers who are legally resident in the Union and who do not hold a payment account in a certain Member State should be in a position to open and use a payment account with basic features in that Member State, provided that they do not already have a payment account in another Member State. 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. 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 financing16, in particular with regard to customer due diligence procedures. __________________ 16 OJ L 309, 25.11.2005, p. 15.
Amendment 79 #
Proposal for a directive Recital 28 (28) Member States should ensure that a
Amendment 80 #
Proposal for a directive Recital 28 (28) Member States should ensure that
Amendment 81 #
Proposal for a directive Recital 28 (28) Member States should ensure that a
Amendment 82 #
Proposal for a directive 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
Amendment 83 #
Proposal for a directive Article 2 – paragraph 1 – point a a (new) (aa) 'legally staying' means any EU citizen or person from a third-country that is legally staying in the EU territory, including students, workers and homeless people without a fixed address;
Amendment 84 #
Proposal for a directive Article 2 – paragraph 1 – point c a (new) (ca) 'services linked to the payment account' mean all services linked to a payment account, including payment services;
Amendment 85 #
Proposal for a directive Article 2 – paragraph 1 – point g (g)
Amendment 86 #
Proposal for a directive Article 2 – paragraph 1 – point h (h)
Amendment 87 #
Proposal for a directive Article 2 – paragraph 1 – point k k) 'fees' means the charges, if any, payable by the consumer to the payment service provider for the provision of payment services or for transactions operated on a payment account; penalties and charges for the violation of contractual obligations shall not be considered to be fees;
Amendment 88 #
Proposal for a directive Article 2 – paragraph 1 – point m (m) ‘switching’ means, upon a consumer's request, transferring from one payment service provider to another the information about all or some standing orders for credit transfers, recurring direct debits and recurring incoming credit transfers executed on a payment account, with or without transferring the positive account balance from one payment account to the other or closing the former account; only an account with a positive or null balance can be subject to switching;
Amendment 89 #
Proposal for a directive Article 2 – paragraph 1 – point r a (new) (ra) 'business day' means a day on which the concerned payment service providers are open for business as required for the execution of the respective tasks set out in this Directive.
Amendment 90 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of
Amendment 91 #
Proposal for a directive Article 3 – paragraph 1 1. Member States shall ensure that the competent authorities referred to in Article
Amendment 92 #
Proposal for a directive 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
Amendment 93 #
Proposal for a directive Article 3 – paragraph 4 4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 24, concerning the setting out, on the basis of the provisional lists submitted pursuant to paragraph 3, of an EU standardised terminology for those
Amendment 94 #
Proposal for a directive Article 4 – paragraph 1 1. Member States shall ensure that
Amendment 95 #
Proposal for a directive Article 4 – paragraph 2 2. Where one or more
Amendment 96 #
Proposal for a directive Article 4 – paragraph 2 2. Where one or more payment services referred to in paragraph 1 is offered as part of a package of financial services, the fee information document shall disclose which of the services referred to in paragraph 1 are included in the package, the fee for the entire package and if possible to buy the components separately, the fee for any service that is not referred to in paragraph 1.
Amendment 97 #
Proposal for a directive Article 4 – paragraph 2 2. Where one or more payment services referred to in paragraph 1 is offered as part of a package of
Amendment 98 #
Proposal for a directive Article 4 – paragraph 4 4. Member States shall ensure that
Amendment 99 #
Proposal for a directive Article 4 – paragraph 7 b (new) 7b. Payment service providers shall meet the above obligations within twelve months of the publication of the EU standardised list pursuant to Article 3 paragraph 5 and the adoption of the implementation act pursuant to paragraph 7 of this provision.
source: PE-521.598
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