12 Amendments of Stéphanie YON-COURTIN related to 2021/0241(COD)
Amendment 102 #
Proposal for a regulation
Recital 19
Recital 19
(19) Transfers of funds corresponding to services referred to in points (a) to (m) and (o) of Article 3 of Directive (EU) 2015/236647 do not fall within the scope of this Regulation. It is also appropriate to exclude from the scope of this Regulation transfers of funds that represent a low risk of money laundering or terrorist financing. Such exclusions should cover payment cards, electronic money instruments, mobile phones or other digital or information technology (IT) prepaid or postpaid devices with similar characteristics, where they are used exclusively for the purchase of consumer goods orand services only and the number of the card, instrument or device accompanies all transfers. However, the use of a payment card, an electronic money instrument, a mobile phone, or any other digital or IT prepaid or postpaid device with similar characteristics in order to effect a person- to-person transfer of funds, falls within the scope of this Regulation. In addition, Automated Teller Machine withdrawals, payments of taxes, fines or other levies, transfers of funds carried out through cheque images exchanges, including truncated cheques, or bills of exchange, and transfers of funds where both the payer and the payee are payment service providers acting on their own behalf should be excluded from the scope of this Regulation. __________________ 47 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 105 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to reflect the special characteristics of national payment and crypto-asset transfer systems, and provided that it is always possible to trace the transfer of funds back to the payer or the transfer of crypto-assets back to the beneficiary , Member States should be able to exempt from the scope of this Regulation certain domestic low-value transfers of funds, including electronic giro payments, or low-value transfers of crypto- assets, used for the purchase of consumer goods or services only.
Amendment 110 #
Proposal for a regulation
Recital 22
Recital 22
(22) In order not to impair the efficiency of payment systems and crypto-asset transfer services , and in order to balance the risk of driving transactions underground as a result of overly strict identification requirements against the potential terrorist threat posed by small transfers of funds or crypto-assets , the obligation to check whether information on the payer or the payee , or, for transfers of crypto-assets, the originator and the beneficiary, is accurate should, in the case of transfers of funds where verification has not yet taken place, be imposed only in respect of all individual transfers of funds or crypto-assets that exceed EUR 1000, unregardless of the transfer appears to be linked to other transfers of funds or transfersamount, in any currency, ofr crypto-assets, which together would exceed EUR 1000, the funds or crypto-assets have been received or paid out in cash or in anonymous electronic money, or where there are reasonable grounds for suspecting money laundering or terrorist financingare sent or received by a payment service provider, a crypto-asset service provider, or an intermediary payment service provider established in the Union.
Amendment 144 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation shall apply to transfers of funds regardless of the amount, in any currency, or crypto-assets, which are sent or received by a payment service provider , a crypto-asset service provider, or an intermediary payment service provider established in the Union.
Amendment 148 #
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 1 – point a
Article 2 – paragraph 3 – subparagraph 1 – point a
(a) that card, instrument or device is used exclusively to pay for consumer goods orand services only; and
Amendment 149 #
Proposal for a regulation
Article 2 – paragraph 3 – subparagraph 2
Article 2 – paragraph 3 – subparagraph 2
This regulation shall not apply either to transfers involving crypto-assets carried out by actors regulated under Directive 2015/2366 using payment card or an electronic money instrument or any other digital or IT prepaid or postpaid device with similar characteristics where the conditions referred to in points (a) and (b) are met. However, this Regulation shall apply when a payment card, an electronic money instrument or a mobile phone, or any other digital or IT prepaid or postpaid device with similar characteristics, is used in order to effect a person-to-person transfer of funds or crypto-assets .
Amendment 166 #
Proposal for a regulation
Article 2 – paragraph 5 – point c
Article 2 – paragraph 5 – point c
Amendment 188 #
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) for all transfers of funds exceeding EUR 1000regardless of the amount, whether those transfers are carried out in a single transaction or in several transactions which appear to be linked, the information on the payer or the payee in accordance with Article 4;
Amendment 192 #
Proposal for a regulation
Article 5 – paragraph 2 – point b
Article 5 – paragraph 2 – point b
Amendment 196 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 201 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In the case ofFor all transfers of funds exceeding EUR 1000,, regardless of the amount, and whether those transfers are carried out in a single transaction or in several transactions which appear to be linked, before crediting the payee's payment account or making the funds available to the payee, the payment service provider of the payee shall verify the accuracy of the information on the payee referred to in paragraph 2 of this Article on the basis of documents, data or information obtained from a reliable and independent source, without prejudice to the requirements laid down in Articles 83 and 84 of Directive (EU) 2015/2366 .
Amendment 203 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4