20 Amendments of Olivier CHASTEL related to 2022/0341(COD)
Amendment 15 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulations (EU) No 260/2012 and (EU) 2021/1230 and Directive 98/26/EC as regards instant credit transfers in euro (Text with EEA relevance)
Amendment 39 #
Proposal for a regulation
Recital 11
Recital 11
(11) Security of instant credit transfers, both regular and instant, in euro is fundamental for increasing PSUs’ confidence in such services and ensuring their use. Payers intending to send a credit transfer to a given payee may, as a result of fraud or error, provide a payment account identifier which does not correspond to an account held by that payee. Under Directive (EU) 2015/2366 of the European Parliament and of the Council37 , the only determinant of the correct execution of the transaction with respect to the payee is the unique identifier, and PSPs are not required to verify the name of the payee. In the case ofFor both regular and instant credit transfers, there is not enough time for the payer to realisein case of the occurrence of a fraud or error and to try, it is not possible to recover the funds before they are credited to the payee’s account. PSPs should therefore verify whether there is any discrepancy between the unique identifier of the payee and the name of the payee provided by the payer, and notify the payer placing a payment order for an instant credit transfer in euro about any such discrepancies detected. Where the payee is a legal entity, PSPs should enable the use of the legal entity identifier as the name of the payee, in order to avoid frictions due to the fact that businesses may operate under their legal name or under a commercial name. To avoid undue frictions or delays in the processing of the transaction instantly, the payer’s PSP should provide such notification within no more than a few seconds from the moment the payer provided the payee information. To allow the payer to decide whether to proceed with the intended transaction, the payer’s PSP should provide such notification before the payer authorises the transaction. As this is a security feature, it should also be made available also for regular credit transfers, as it poses the same risks and opportunities for fraud. Certain instant credit transfer initiation solutions may be available to payers allowing them to place a payment order without inserting the payment account identifier specified in point (1)(a) of the Annex. Instead, these data elements are provided by the provider of that initiation solution. Those solutions include payment solutions that allow a PSU to identify a beneficiary using other types of proxies, including telephone numbers, e-mail addresses, or QR Codes. In such cases, there is a limited need for a service verifying the match between the payment account identifier specified in point (1)(a) of the Annex and the name of the payee since these solutions do not rely on that payment account identifier the risk of fraud or errors can be more properly addressed through sufficient internal procedures to be supervised by national competent authorities. __________________ 37 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35).
Amendment 57 #
Proposal for a regulation
Recital 12
Recital 12
(12) Some attributes of the name of the payee to whose account the payer wishes to make an instant credit transfer may increase the likelihood of a discrepancy being detected by the PSP, including the presence of diacritics or different possible transliterations of names in different alphabets, differences between habitually used names and names indicated on formal identification documents in case of natural persons, or differences between commercial and legal names in case of legal persons. To avoid undue frictions in the processing of instant credit transfers in euro and facilitate the payer’s decision on whether to proceed with the intended transaction, PSPs should indicate the degree of such discrepancy, including by indicating in the notification that there is ‘no match’ or ‘close match’.
Amendment 61 #
Proposal for a regulation
Recital 13
Recital 13
(13) Authorising a payment transaction where the PSP has detected a discrepancy and has notified that discrepancy to the PSU can result in the funds being transferred to an unintended payee. In such cases, PSPs should not be held liable for the execution of the transaction to an unintended payee, as laid down in Article 88 of Directive (EU) 2015/2366. PSPs should inform PSUs about the implications for PSP liability and PSU refunds rights of their choice to ignore the notified discrepancy. PSUs should be able to opt out from using that service at any time during their contractual relationship with the PSP. After opting out, PSUs should be able to opt in to again avail of the service.
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EU) No 260/2012
Article 2 – paragraph 1 – point 1e (new)
Article 2 – paragraph 1 – point 1e (new)
(1e) ‘legal entity identifier’ means a unique alphanumeric reference code based on the ISO 17442 standard assigned to a legal entity.
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 1 – subparagraph 1
Article 5a – paragraph 1 – subparagraph 1
PSPs in all Member States that offer to their PSUs a payment service of sending and receiving credit transfers shall offer to all their PSUs a payment service of sending and receiving instant credit transfers.
Amendment 121 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 2 – point a
Article 5a – paragraph 2 – point a
(a) they shall ensure that payers are able to place a payment order for an instant credit transfer through all the same PSU interfaces as the ones through which those payers can place a payment order for other credit transfers;
Amendment 139 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 3
Article 5a – paragraph 3
3. When providing instant credit transfers in euro, PSPs shall offer to their PSUs the possibility to submit multiple payment orders as a package, without limit, if they offer that possibility to their PSUs for other types of credit transfers.
Amendment 179 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
PSPs located in a Member States whose currency is not the euro shall comply with this Article by …[ PO please insert the date = 30 months after the date of entry into force of this Regulation].
Amendment 183 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – Title
Article 5c – Title
Discrepancies between the name and payment account identifier of a payee in case of regular and instant credit transfers
Amendment 188 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 1
Article 5c – paragraph 1
With regard to regular and instant credit transfers, a payer’s PSP shall verify whether the payment account identifier and the name of the payee provided by the payer match. Where they do not match, thatwhere the payee’s payment account identifier specified in point (1)(a) of the Annex and name have been inserted in the payment order by the payer, the payer’s PSP shall provide a service for matching the payment account identifier with the payee’s name. The payee’s PSP shall on the payer’s PSP's request verify whether the payment account identifier and the name of the payee provided by the payer match. By way of derogation, where the payee is a legal entity, a payer’s PSP shall allow for the possibility to verify whether the payment account identifier and, instead of the name of the payee, the legal entity identifier of the payee provided by the payer match. In both cases, where they do not match, the payer's PSP shall notify the payer of any discrepancies detected and the degree of any such discrepancy, based on information provided by the payee’s PSP.
Amendment 201 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 1 – subparagraph 2
Article 5c – paragraph 1 – subparagraph 2
PSPs shall provide that service immediately after the payer provided to its PSP the payment account identifier of the payee and the name of the payee, and before the payer is offered the possibility to authorise the instant credit transfer.
Amendment 205 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 2
Article 5c – paragraph 2
2. PSPs shall ensure that the detection and notification of a discrepancy as referred to in paragraph 1 does not prevent payers from authorising the instant credit transfer concerned.
Amendment 210 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Amendment 212 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 3 – subparagraph 2
Article 5c – paragraph 3 – subparagraph 2
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 4
Article 5c – paragraph 4
4. PSPs shall inform their PSUs that authorising a transaction despite a detected and notified discrepancy or opting out from receiving the service referred to in paragraph 1 may lead to transferring the funds to a payment account not held by the payee indicated by the payer. PSPs shall provide that information at the same time as the notification of discrepancies referred to in paragraph 1 or when PSU opts out from receiving the service referred to in that paragraph.
Amendment 221 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 5
Article 5c – paragraph 5
5. The service referred to in paragraph 1 shall be provided to the payer regardless of the PSU interface used by the payer to place a payment order for an instant credit transfer. Where a PSP provides a PSU interface that does not require the payer to insert an account identifier specified in point (1)(a) of the Annex or a name, the PSP shall ensure that the payee designated by the payer is properly identified. Such PSP shall maintain robust internal procedures to ensure payees’ identification. Each Member State shall designate one or more national competent authorities with the power to investigate the robustness of these internal procedures. Member State may assign this role to an existing authority or authorities.
Amendment 229 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(5a) Any charges applied by a PSP on payers and payees in respect of verifying the discrepancy between the name and payment account identifier of a payee as referred in the paragraph 1 shall be included in the charges referred in the Article 5b paragraph 1.
Amendment 284 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Directive 98/26/EC
Article 2 – point b
Article 2 – point b
Article 2a Amendment of Directive 98/26/EC In Article 2, point (b) of the Directive 98/26/EC, the following points are added: - a payment institution as defined in Article 4 (4) of Directive (EU) 2015/2366, or - an electronic money institution as defined in Article 2 (2) of Directive 2009/110/EC."
Amendment 286 #
Proposal for a regulation
Article 2 b (new)
Article 2 b (new)
Article 2b Transposition of amendments of Directive 98/26/EC Member States shall adopt, publish and apply, by 18 months after the date of entry into force of this Regulation, the laws, regulations and administrative provisions necessary to comply with Article 2a.