Activities of Gunnar BECK related to 2023/0210(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on payment services in the internal market and amending Regulation (EU) No 1093/2010
Amendments (15)
Amendment 95 #
Proposal for a regulation
Recital 24
Recital 24
(24) So-called digital ‘pass-through wallets’, involving the tokenisation of an existing payment instrument, for example a payment card, are to be considered as technical services and should thus be excluded from the definition of payment instrument as, in the Commission’s view, a token cannot be regarded as being itself a payment instrument but, rather, a ‘payment application’ within the meaning of Article 2(21) of Regulation (EU) 2015/751 of the European Parliament and of the Council.39 However, some other categories of digital wallets, namely pre-paid electronic wallets such as ‘staged-wallets’ where users can store money for future online transactions, should be considered a payment instrument and their issuance a payment service, unless such instruments are issued only to fulfil the requirements of Regulation (EU) 2023/1114 (MiCAR), Article 70(2) and (3). __________________ 39 Regulation (EU) 2015/751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card- based payment transactions (OJ L 123, 19.5.2015, p. 1).
Amendment 97 #
Proposal for a regulation
Recital 28
Recital 28
(28) The definition of funds should cover all forms of central bank money issued for retail use, including banknotes and coins, and any possible future central bank digital currency, e-moneye- money, asset-referenced tokens (ART), and commercial bank money. Central bank money issued for use between the central bank and commercial banks, i.e. for wholesale use, should not be covered.
Amendment 98 #
Proposal for a regulation
Recital 29
Recital 29
(29) Regulation (EU) 2023/1114 of 31 May 2023 on markets in crypto-assets lays down that electronic-money tokens (EMT) and asset-referenced tokens (ART) shall be deemed to be electronic money. Electronic money tokens and asset- referenced tokens are therefore included, as electronic money, in the definition of funds in this Regulation.
Amendment 172 #
Proposal for a regulation
Article 2 – paragraph 2 – point m a (new)
Article 2 – paragraph 2 – point m a (new)
(m a) instruments issued to fulfil the requirements of Article 70(2) and (3) of Regulation (EU) 2023/1114 (MICAR).
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 1 – point 52
Article 3 – paragraph 1 – point 52
(52) ‘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 258 #
Proposal for a regulation
Article 32 – paragraph 1 – point d
Article 32 – paragraph 1 – point d
Amendment 261 #
Proposal for a regulation
Article 32 – paragraph 1 – point e
Article 32 – paragraph 1 – point e
Amendment 262 #
Proposal for a regulation
Article 32 – paragraph 1 – subparagraph 1 (new)
Article 32 – paragraph 1 – subparagraph 1 (new)
Where a credit institution makes a decision to close a payment account in accordance with this paragraph, the account closure shall take effect on expiry of a notice period which shall not be less than 6 months.
Amendment 264 #
Proposal for a regulation
Article 32 – paragraph 1 a (new)
Article 32 – paragraph 1 a (new)
1 a. Member States shall ensure that payment institutions have a right of access to payment accounts with one or more credit institutions. Such access shall be sufficiently extensive as to allow payment institutions to provide their payment services in an unhindered, efficient and uninterrupted manner, throughout the period of their authorisation. In the event that a payment institution is not able to open a payment account with a credit institution, or if such payment account is closed, the competent authority shall nominate one or more credit institutions to provide a payment account to that payment institution.
Amendment 266 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. A credit institution shall notify to the payment institution or to its agents or distributors, or to the applicant for a license as a payment institution, any decision to refuse to open or to close a payment account to a payment institution or to its agents or distributors, or to an applicant for a license as a payment institution; it shall duly motivate any such decision. Such motivation must be specific to the risks posed by the activity or planned activity of that payment institution or of its agents or distributors, as assessed by the credit institution, and not be generic in nature. A credit institution shall also notify the competent authority of its decision to refuse to open or to close a payment account. The competent authorities shall publish aggregate data on payment account refusals and closures.
Amendment 269 #
Proposal for a regulation
Article 32 – paragraph 5 – subparagraph 1
Article 32 – paragraph 5 – subparagraph 1
The EBA shall develop draft regulatory technical standards specifying the harmonised format and information to be contained in the notification and motivation referred to in paragraph 3 of this Article. These draft regulatory technical standards shall also develop the harmonised objectives, powers and procedure to be followed by the competent authorities in respect of appeals referred to them under paragraph 4 of this Article.
Amendment 310 #
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
The EBA shall develop draft regulatory technical standards which shall specify the criteria on the basis of which, in accordance with paragraph 1, an account servicing payment service provider may be exempted from the obligation to have in place a dedicated interface and be allowed either to provide, as interface for secure data exchange with account information service providers and payment initiation service providers, the interface that it makes available to its payment user for accessing its payment accounts online or, where appropriate, not to have any interface at all for secure data exchange. The criteria shall be based on limited use or value of payment account products, which would automatically exempt account servicing payment service provider under this Article without having to seek exemptions individually from competent authorities.
Amendment 391 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
Amendment 544 #
Proposal for a regulation
Article 91 – paragraph 3 – subparagraph 2 – point a – point ii
Article 91 – paragraph 3 – subparagraph 2 – point a – point ii
(ii) technical service providers and payment system operators;
Amendment 569 #
Proposal for a regulation
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.