Activities of Gunnar BECK related to 2023/0209(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on payment services and electronic money services in the Internal Market amending Directive 98/26/EC and repealing Directives 2015/2366/EU and 2009/110/EC
Amendments (8)
Amendment 63 #
Proposal for a directive
Recital 31
Recital 31
(31) Considering the difficulties experienced by payment institutions in opening and maintaining payment accounts with credit institutions, it is necessary to provide for an additional option for the safeguarding of users’ funds, namely the possibility to hold those funds at a central bank. That possibility should however be without prejudice to the possibility for a central bank to not offer that option, based on its organic lawo ensure this possibility is available to payment institutions, and to increase the level playing field in accessing central bank account facilities, central banks should be required to offer access to their accounts to payment institutions on an objective, non- discriminatory and proportionate basis. Any rejection of that option by the central bank should be duly justified to the relevant payment institution. Taking into account the need to protect users’ funds and to avoid that such funds are used for other purposes than to provide payment services or electronic money services, it is appropriate to require that payment service user funds are kept separate from the payment institution’s own funds. To ensure a level playing field between payment institutions providing payment services and payment institutions issuing electronic money and providing electronic money services, it is appropriate to align as much as possible the regimes applicable to the safeguarding of users’ funds, whilst preserving the specificities of electronic money. Concentration risk is a significant risk faced by payment institutions, in particular where funds are safeguarded in a single credit institution. It is therefore important to ensure that payment institutions avoid concentration risk to the extent possible. For that reason, the EBA should be instructed to develop regulatory technical standards on risk avoidance in the safeguarding of customer funds.
Amendment 81 #
Proposal for a directive
Article 2 – paragraph 1 – point 37
Article 2 – paragraph 1 – point 37
(37) ‘electronic money services’ means the issuance of electronic money, the maintenance of payment accounts storing electronic money units, and the transfer of electronic money units;
Amendment 89 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point a
Article 9 – paragraph 1 – subparagraph 2 – point a
(a) deposit those funds either in a separate account in a credit institution authorised in a Member State, or at a central bank at the discretion of that central bank;
Amendment 90 #
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 a (new)
Article 9 – paragraph 1 – subparagraph 2 a (new)
For the purposes of the second subparagraph, point (a), Member States shall ensure that payment institutions have access to accounts at central banks on an objective, non-discriminatory and proportionate basis. Central banks shall provide duly motivated reasons for any decision to refuse access to an account with the central bank, or to withdraw such access, to the payment institution.
Amendment 92 #
Proposal for a directive
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Payment institutions shall endeavour to avoid concentration risk to safeguarded customer funds by ensuring that, including, where appropriate, by not using the same safeguarding method is not used for the totality of their safeguarded customer funds. In particular, they shall endeavour not to safeguard all consumer funds with one credit institution.
Amendment 101 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Member States shall ensure that payment institutions that intend to provide electronic money services through a distributor apply the requirements laid down in Article 19 mutatis mutandisnotify their competent authority of such intended offering, providing identifying details of such distributors. Distributors that are part of a group or chain may be notified at group or chain level.
Amendment 102 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Where the payment institution intends to distribute electronic money services in another Member State by engaging a distributor, Articles 30 to 33, with exception of Article 31(4) and (5) of this Directive, including the delegated acts adopted in accordance with Article 30(5) of this Directive, shall apply mutatis mutandis to such payment institutionit shall notify its competent authority which shall in turn notify the competent authority of the host Member State of the identifying details of such distributors. Distributors that are part of a group or chain may be notified at group or chain level.
Amendment 145 #
Proposal for a directive
Annex II – paragraph 1
Annex II – paragraph 1
Issuance of electronic money, maintenance of payment accounts storing electronic money units and transfer of electronic money units.