15 Amendments of Frances FITZGERALD related to 2022/0341(COD)
Amendment 90 #
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 1a – point c
Article 2 – paragraph 1 – point 1a – point c
(c) tThe payee’s payment account is credited with the amount transferred within 10 seconds after the time of receiptexecution of the payment order;
Amendment 91 #
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 1b
Article 2 – paragraph 1 – point 1b
(1b) ‘PSU interface’ means any method, device or procedure through which the payer can place a paper-based orn electronic payment order to its PSP for a credit transfer, including online banking, mobile banking application, automated teller machine, or in any other way on the premises of the PSP;
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a – point 1 (new)
Article 1 – paragraph 1 – point 1 – point a – point 1 (new)
Regulation (EU) No 260/2012
Article 2 – paragraph 1 – point 1da (new)
Article 2 – paragraph 1 – point 1da (new)
(1da) 'Verification' means the process to identify whether a person or entity is a ‘listed person or entity’, including customer database screening, completion of subsequent alert reviews, and implementation of any measures resulting from the alert review.
Amendment 100 #
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 located in a Member State whose currency is the euro that offer to their PSUs a payment service of sending and receiving credit transfers through remote channels shall offer to all their PSUs a payment service of sending and receiving instant credit transfers through these online channels.
Amendment 111 #
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 2
Article 5a – paragraph 1 – subparagraph 2
However, this paragraph shall not apply to electronic money institutions as defined in Article 2, point (1), of Directive 2009/110/EC and payment institutions as defined in Article 4, point (4), of Directive (EU) 2015/2366 and to niche PSPs as recognised by National Competent Authorities.
Amendment 123 #
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 payer's PSP shall ensure that payers are able to place a payment order for an instant credit transfer through the same PSU interfaces as the ones through which those payers can place a payment order for other credit transferat least one remote interface to enable to electronic initiation of instant payments;
Amendment 128 #
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 b
Article 5a – paragraph 2 – point b
(b) after receiving a payment order for an instant credit transfer, they payer's PSP shall immediately verify whether all the necessary conditions for processing the payment are met and whether the necessary funds are available, reserve the amount on the account of the payer and instantly send the payment transaction to the payee’s PSP;
Amendment 129 #
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 c
Article 5a – paragraph 2 – point c
(c) they shall ensure that all payment accounts they maintainat are reachable for credit transfers are reachable for instant credit transfers 24 hours a day and on any calendar day, unless in cases of maintenance where periods of non- availability are both foreseeable and short and where they have informed payment services users in advance;
Amendment 132 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5 a – paragraph 2 – point d
Article 5 a – paragraph 2 – point d
(d) after having received an instant credit transfer, they payee's PSP shall immediately make the amount of that transaction available on the payee’s payment account.
Amendment 134 #
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 a (new)
Article 5a – paragraph 2 a (new)
(2a) No liability shall arise under paragraph 2 in cases of extremely exceptional and unforeseeable circumstances beyond the control of the PSP or where the PSP is bound by other legal obligations covered by other relevant laws.
Amendment 155 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 4 – subparagraph 1
Article 5a – paragraph 4 – subparagraph 1
PSPs as referred to in paragraph 1 that are located in a Member State whose currency is the euro shall offer PSUs the service of receiving instant credit transfers in euro by … [PO please insert the date = 618 months after the date of entry into force of this Regulation], and the service of sending instant credit transfers in euro by … [PO please insert the date = 124 months after the date of entry into force of this Regulation].
Amendment 247 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 6a (new)
Article 5c – paragraph 6a (new)
(6a) Alternative information to identify a payment account may be used in cases where a payment account identifier is not identified on a payee's account. Such alternative identifying information may include the primary account number (PAN), name, or contact information of the merchant sub-account that sits underneath a PSP’s header account with a partner bank. Such an approach to verification shall require participants to provide the necessary information to a verification scheme in cases where a payment account identifier is not available.
Amendment 256 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5d – paragraph 1 – subparagraph 2
Article 5d – paragraph 1 – subparagraph 2
PSPs shall carry outinitiate such verifications immediately after the entry into force of any new or amended restrictive measures adopted in accordance with Article 215 TFEU providing for asset freeze or prohibition of making funds or economic resources available , and at least once every calendar day.
Amendment 258 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation 260/2012
Article 5d – paragraph 2
Article 5d – paragraph 2
2. DAlongside carrying out verifications under paragraph 1, during the execution of an instant credit transfer, the payer’s PSP and the payee’s PSP involved in the execution of such transfer shall not verify whether the payer or the payee whose payment accounts are used for the execution of that instant credit transfer are listed persons or entities in addition to carrying out verifications under paragraph 1. subject to restrictive measures adopted in accordance with Article 215 TFEU providing for asset freezes or prohibition of making funds available. This shall be without prejudice to other applicable national or third-country sanctions regimes.
Amendment 261 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5d – paragraph 4
Article 5d – paragraph 4
4. PSPs shall comply with this Article by …[ PO please insert the date = 612 months after the date of entry into force of this Regulation].