45 Amendments of Fabrizio BERTOT related to 2013/0139(COD)
Amendment 220 #
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 256 #
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 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 260 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 292 #
Proposal for a directive
Article 4 – paragraph 2
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, and the fee for the entire package and the fee for any service that is not referred to in paragraph 1.
Amendment 298 #
Proposal for a directive
Article 4 – paragraph 3 a (new)
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 315 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commission shall be empowered to adopt implementing acts pursuant to Article 26 toMember States shall define the format of the fee information document, its common symbol and the order in which the services referred to in paragraph 5 1 of Article 3 shall be presented in the fee information document.
Amendment 326 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that payment service providers provide the consumer with a statement of all fees incurred on their payment account 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 351 #
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 toMember States shall 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 31 shall be presented in the statement of fees.
Amendment 398 #
Proposal for a directive
Article 8 – paragraph 1
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.
Amendment 409 #
Proposal for a directive
Article 9 – paragraph -1 a (new)
Article 9 – paragraph -1 a (new)
Amendment 416 #
Proposal for a directive
Article 9 – paragraph 1
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 any consumer who holds a payment account with a payment service provider located in the Union and who has arranged for the opening of a new payment account with the receiving payment service provider.
Amendment 418 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
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 431 #
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Within one business daya reasonable time 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 437 #
Proposal for a directive
Article 10 – paragraph 3 – point a
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 debtor driven direct debit mandatesavailable direct debit mandates and credit transfers with execution date from the date specified in the authorisation;
Amendment 441 #
Proposal for a directive
Article 10 – paragraph 3 – point b
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 444 #
Proposal for a directive
Article 10 – paragraph 3 – point c
Article 10 – paragraph 3 – point c
(c) transmit to the receiving payment service provider any additionalrelevant information deemed necessary by the receiving payment service provider to perform the switch;
Amendment 449 #
Proposal for a directive
Article 10 – paragraph 3 – point d
Article 10 – paragraph 3 – point d
(d) where the transferring payment service provider does not provide a system for automated redirection of the standing ordersincoming credit transfer and direct debits to the account held by the consumer with the receiving payment service provider, cancel standing ordstop incoming credit transfers and stop accepting direct debits onfrom the date specified in the authorisation;
Amendment 452 #
Proposal for a directive
Article 10 – paragraph 3 – point f
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 454 #
Proposal for a directive
Article 10 – paragraph 3 – point f a (new)
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
Article 10 – paragraph 4 – point a
(a) set up within seven calendarbusiness days the standing orders for credit transfers requesmandated by the consumer and execute them from the date specified in the authorisation and credit transfers with execution date from the date specified in the authorisation; the seven business days should only start to count after the payment account with the receiving payment service provider has been established or opened and the consumer has provided all necessary information to the transferring payment service provider to start the switching process;
Amendment 461 #
Proposal for a directive
Article 10 – paragraph 4 – point b
Article 10 – paragraph 4 – point b
(b) accept direct debits from the date specified in the authorisationfter the payment account with the receiving payment service provider has been opened, accept direct debits from the date specified in the authorisation subject to the condition of compatibility with the payment systems of the receiving payment service provider;
Amendment 465 #
Proposal for a directive
Article 10 – paragraph 4 – point c
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 shall ask the consumer or the transferring payment service provider to provide the missing information;
Amendment 468 #
Proposal for a directive
Article 10 – paragraph 4 – point d
Article 10 – paragraph 4 – point d
Amendment 471 #
Proposal for a directive
Article 10 – paragraph 4 – point e
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.
Amendment 478 #
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;
Amendment 480 #
Proposal for a directive
Article 10 – paragraph 6 – point b
Article 10 – paragraph 6 – point b
(b) where the transferring payment service provider does not provide a system for automated redirection of the standing ordincoming credit transfers and direct debits to the account held by the consumer with the receiving payment service provider, cancel any standing ordstop incoming credit transfers and stop accepting direct debits on the payment account on from the date requested by the receiving payment service provider;
Amendment 484 #
Proposal for a directive
Article 10 – paragraph 6 – point d
Article 10 – paragraph 6 – point d
(d) close the payment account; which can only be closed after fulfilment of the duties as per Article 10 paragraph 6 (b) and (c).
Amendment 485 #
Proposal for a directive
Article 10 – paragraph 6 – point e a (new)
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 490 #
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 494 #
Proposal for a directive
Article 10 – paragraph 9
Article 10 – paragraph 9
Amendment 520 #
Proposal for a directive
Article 14 – paragraph 1
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 when applying for or accessing a payment account within the Union, provided that the communication and the contractual agreements made between the payment service provider and the consumer is done ing a payment account within the Unionn official language of the Member State where the account is offered or in any other language agreed between the parties, as provided by Directive 2007/64/EC on Payment Services.
Amendment 548 #
Proposal for a directive
Article 15 – paragraph 2
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. Such a right shall apply irrespective of the consumer's place of residence. Member States shall ensure, provided that the consumer (a) does not already hold a payment account; (b) provides a declaration of honour that can be used by Payment Service Providers as a reliable means of verifying 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/she does not already hold a payment account based on a purposive test which should demonstrate a clear need for a payment account with basic features. Member States shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer.
Amendment 557 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
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 574 #
Proposal for a directive
Article 15 – paragraph 3 – point b a (new)
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 597 #
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 in the currency of the Member State where the payment service provider is located includes the following payment services:
Amendment 603 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) services enabling moneycash to be placed on a payment account;
Amendment 608 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) services enabling cash withdrawals within the Union from a payment account;
Amendment 615 #
Proposal for a directive
Article 16 – paragraph 1 – point d – point 2
Article 16 – paragraph 1 – point d – point 2
(2) payment transactions through a paymendebit card, including online payments;
Amendment 661 #
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The payment service provider may unilaterally terminate a framework contract where at least one offor compelling reasons to be determined by Member States, and which shall include the following conditions is met:
Amendment 663 #
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the consumer deliberately abused the account services including for criminal activities;
Amendment 676 #
Proposal for a directive
Article 18 – paragraph 2 – point d a (new)
Article 18 – paragraph 2 – point d a (new)
(da) the consumer rudely harasses or endangers other customers or employees of the bank;
Amendment 678 #
Proposal for a directive
Article 18 – paragraph 2 – point d b (new)
Article 18 – paragraph 2 – point d b (new)
(db) the consumer infringes other provisions of the contract.
Amendment 690 #
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, 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 725 #
Proposal for a directive
Article 27 – paragraph 3
Article 27 – paragraph 3
3. The review shall also assess whether the extended deadlines established in Article 10(9) shall be maintained for a longer period of time and whether additional measures in addition to those adopted pursuant to Article 7 and 8 with respect to comparison websites and packaged offers are needed.
Amendment 727 #
Proposal for a directive
Article 27 – paragraph 3 a (new)
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.