Activities of Sampo TERHO related to 2013/0139(COD)
Shadow reports (1)
REPORT 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 PDF (585 KB) DOC (462 KB)
Amendments (30)
Amendment 222 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down rules concerning the transparency and comparability of fees charged to consumers on their payment accounts held within the European Union and provided by payment service providers located in the Union and rules concerning the switching of payment accounts within the Uniona Member State.
Amendment 253 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of at least 20list of payment services accounting for at least 80% of the most representative payment services subject to a fee at national level. The list shall contain terms and definitions for each of the services identified.
Amendment 261 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 264 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify to the Commission the provisional lists referred to in paragraph 1 within 6 monthsone year of the entry into force of this Directive.
Amendment 267 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 313 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 328 #
Proposal for a directive
Article 5 – paragraph 1
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 349 #
Proposal for a directive
Article 5 – paragraph 4
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 servicMember States shall define the format of the statement of fees referred to in paragraph 51 of Article 3 shall be presented in the statement of fees.
Amendment 363 #
Proposal for a directive
Article 6 – paragraph 2
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 5. Payment service providers shall not use brand names in the fee information document or the statement of fees1.
Amendment 410 #
Proposal for a directive
Article 9 – paragraph 1
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 with a payment service provider located in the Union.
Amendment 433 #
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Within onthree business days from the receipt of the authorisation referred to in paragraph 2, the receiving payment service provider shall request the transferring payment service provider to carry out the following tasks:
Amendment 459 #
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) set up within seven calendarbusiness days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation;
Amendment 474 #
Proposal for a directive
Article 10 – paragraph 6 – point a
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 calendarbusiness days of receiving the request, the time limit starting from the point after the transferring payment service provider received the consumer's verification;
Amendment 492 #
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 496 #
Proposal for a directive
Article 10 – paragraph 9
Article 10 – paragraph 9
Amendment 503 #
Proposal for a directive
Article 11 – paragraph 4
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 and in line with the actual costs of that payment service provider.
Amendment 508 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that any financial losfees and charges incurred by the consumer resulting from the non-complianceerrors of a payment service provider involved in the switching process with its obligations under Article 10 isare refunded by that payment service provider.
Amendment 510 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 576 #
Proposal for a directive
Article 15 – paragraph 3 – point b a-b (new)
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 589 #
Proposal for a directive
Article 15 – paragraph 4
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 598 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall ensure that a payment account with basic features includes the followingessential payment services. Member States shall take into consideration the Recommendation 2011/442/EU when determining which payment services: are essential.
Amendment 664 #
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the consumer deliberately used or abused the account for criminal activitiillegal purposes;
Amendment 665 #
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
Amendment 679 #
Proposal for a directive
Article 18 – paragraph 2 – point d a (new)
Article 18 – paragraph 2 – point d a (new)
(da) the consumer provided false or misleading information which is essential for the contractual relationship;
Amendment 681 #
Proposal for a directive
Article 18 – paragraph 2 – point d b (new)
Article 18 – paragraph 2 – point d b (new)
(db) the consumer perpetrated essential breach of the contract;
Amendment 684 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
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 691 #
Proposal for a directive
Article 18 – paragraph 3
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 otherwise provided by the relevant Union or national legislation.
Amendment 710 #
Proposal for a directive
Article 23
Article 23
Amendment 733 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall adopt and publish, by [onetwo years after entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.