Activities of Eugen JURZYCA 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 (25)
Amendment 64 #
Proposal for a directive
Recital 35
Recital 35
(35) Payment institutions should be allowed to grant credit, but this activity should be subjected to some strict conditions. It is therefore appropriate to regulate the granting of credit by payment institutions in the form of credit lines and the issuance of credit cards, insofar as those services facilitate payment services and if credit is granted for a period not exceeding 12 months, including on a revolving basis. It is appropriate to allow payment institutions to grant short-term credit with regard to their cross-border activities, on the condition that it is refinanced using mainly the payment institution’s own funds, as well as other funds from the capital markets, and not the funds held on behalf of clients for payment services. That possibility should however be without prejudice to Directive 2008/48/EC of the European Parliament and of the Council39 or other relevant Union law or national measures regarding conditions for granting credit to consumers. Given their principally lending nature, ‘Buy Now Pay Later’ services should not constitute a payment service. Those services are covered by the new Directive on consumer credits replacing Directive 2008/48/EC. Nonetheless, undertakings providing ‘Buy Now Pay Later’ services are subject to this Directive if they provide any payment service as referred to in Annex I. __________________ 39 Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).
Amendment 75 #
Proposal for a directive
Article 2 – paragraph 1 – point 24
Article 2 – paragraph 1 – point 24
(24) ‘technical service provider’ means a provider of services which, although not being payment services, are necessary to support the provision of payment services, without the provider of technical services entering at any time into possession of the funds to be transferred;
Amendment 77 #
Proposal for a directive
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
(26) ‘business day’ means a day on which the payment service provider of the payer or of the payee involved in the execution of a payment transaction is open for business as required for theto execution ofe a payment transaction;
Amendment 80 #
Proposal for a directive
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
(36) ‘distributor’ means a natural or legal person that distributes or redeems electronic money on behalf of and engaged by a payment institution;
Amendment 82 #
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 88 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) where the payment institution provides electronic money services, its capital shall at no time be less than EUR 40350 000.
Amendment 96 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 1 – point a
Article 17 – paragraph 1 – subparagraph 1 – point a
(a) payment institutions authorised in accordance with Article 13 and their agents and their agents or distributors, if any;
Amendment 100 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that the competent authorities of the home Member State communicate to the payment institution within 21 months of receipt of the information referred to in paragraph 1 whether the agent has been entered in the register referred to in Article 17. Upon entry in the register, the agent may commence providing payment services.
Amendment 106 #
Proposal for a directive
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
Within 1 month0 business days of receipt of all of the information referred to in paragraph 1, the competent authorities of the home Member State shall send that information to the competent authorities of the host Member State. Where the services are provided via a third Member State, the Member State to be notified shall be the one where the services are provided to payment service users.
Amendment 107 #
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 1
Article 30 – paragraph 3 – subparagraph 1
Within 3 month20 business days of receipt of the information referred to in paragraph 1, the competent authorities of the home Member State shall communicate their decision to the competent authorities of the host Member State and to the payment institution.
Amendment 113 #
Proposal for a directive
Article 37 – paragraph 1 – point b
Article 37 – paragraph 1 – point b
(b) the amount of cash provided does not exceed EUR 150 per withdrawal.
Amendment 118 #
Proposal for a directive
Article 39 – paragraph 2
Article 39 – paragraph 2
Amendment 119 #
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1 – introductory part
Article 43 – paragraph 1 – subparagraph 1 – introductory part
The Commission shall, by [ OP please insert the date = 57 years after entry into force of this Directive], submit to the European Parliament, the Council, the ECB and the European Economic and Social Committee, a report on the application and impact of this Directive, and in particular on:
Amendment 121 #
Proposal for a directive
Article 43 – paragraph 1 – subparagraph 1 – point b a (new)
Article 43 – paragraph 1 – subparagraph 1 – point b a (new)
(b a) the total number and market share of payment service providers authorized under this Directive, classified per each Member State;
Amendment 125 #
Proposal for a directive
Article 44 – paragraph 1 – subparagraph 3
Article 44 – paragraph 1 – subparagraph 3
Payment institutions as referred to in the first subparagraph which upon verification by the competent authorities comply with Title II shall be authorised as payment institutions pursuant to Article 13 of this Directive and shall be entered in the registers referred to in Articles 17 and 18. Where those payment institutions do not comply with the requirements laid down in Title II by [OP please insert the date = 24 months after the date of entry into force of this Directive], they shall be prohibited from providing payment servicesIf competent authorities fail to take a decision on authorization of payment institutions as referred to in the second subparagraph by [OP please insert the date = 24 months after the date of entry into force of this Directive], payment institutions can continue to provide and execute the payment services for which they have been authorized until such decision is taken.
Amendment 127 #
Proposal for a directive
Article 44 – paragraph 4
Article 44 – paragraph 4
4. Member States may grant natural and legal persons who benefited from an exemption pursuant to Article 32 of Directive (EU) 2015/2366 an exemption pursuant to Article 34 of this Directive and enter those persons in the registers referred to in Articles 17 and 18 of this Directive where the competent authorities have evidence that the requirements laid down in Article 34 of this Directive are complied with. The competent authorities shall inform the payment institutions concerned thereof. If competent authorities fail to take a decision by [OP please insert the date = 24 months after the date of entry into force of this Directive], payment institutions can continue to provide and execute the payment services for which they have been authorized until such decision is taken.
Amendment 128 #
Proposal for a directive
Article 44 – paragraph 4 a (new)
Article 44 – paragraph 4 a (new)
4 a. If competent authorities decide to withdraw an authorisation under this Article, payment institutions can continue to provide and execute the payment services for which they have been authorised pursuant to Directive (EU) 2015/2366 within six months after such decision is taken.
Amendment 131 #
Proposal for a directive
Article 45 – paragraph 2 – subparagraph 2
Article 45 – paragraph 2 – subparagraph 2
Electronic money institutions as referred to in the first subparagraph which upon verification by the competent authorities comply with Title II shall be authorised as payment institutions pursuant to Article 13 of this Directive, shall be entered in the registers referred to in Articles 17 and 18. Where those electronic money institutions do not comply with the requirements laid down in Title II by [OP please insert the date = 24 months after the date of entry into force of this Directive], they shall be prohibited from providing electronic money servicesIf competent authorities fail to take a decision on authorisation of payment institutions as referred to in the second subparagraph by [OP please insert the date = 24 months after the date of entry into force of this Directive], electronic money institutions can continue to provide and execute the electronic money services and payment services for which they have been authorised.
Amendment 133 #
Proposal for a directive
Article 45 – paragraph 4
Article 45 – paragraph 4
4. Member States shall allow legal persons that have taken up, before [OP please insert the date = 18 months after the date of entry into force of this Directive], activities in accordance with national law transposing Article 9 of Directive 2009/110/EC, to continue those activities within the Member State concerned in accordance with that Directive until [OP please insert the date = 24 months after the date of entry into force of this Directive], without being required to seek authorisation under Article 3 of this Directive or to comply with the other provisions laid down or referred to in Title II of this Directive. Electronic money institutions as referred to in paragraph 1 which, during that period, have been neither authorised nor exempted within the meaning of Article 34If competent authorities fail to take a decision by [OP please insert the date = 24 months after the date of entry into force of this Directive], shall be prohibited from providing electronic money serviceselectronic money institutions can continue to provide and execute the electronic money services and payment services for which they have been authorised.
Amendment 134 #
Proposal for a directive
Article 45 – paragraph 4 a (new)
Article 45 – paragraph 4 a (new)
4 a. If competent authorities decide to withdraw an authorisation under this Article, electronic money institutions can continue to provide and execute the electronic money services and payment services for which they have been authorized pursuant to Directive 2009/110/EC within six months after such decision is taken.
Amendment 140 #
Proposal for a directive
Article 48 – paragraph 1
Article 48 – paragraph 1
Directive (EU) 2015/2366 is repealed with effect from [ OP please insert the date= 1824 months after entry into force of this Directive].
Amendment 141 #
Proposal for a directive
Article 48 – paragraph 2
Article 48 – paragraph 2
Directive 2009/110/EC is repealed with effect from [ OP please insert the date= 1824 months after entry into force of this Directive].
Amendment 142 #
Proposal for a directive
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Member States shall adopt and publish, by [ OP please insert the date= 1824 months after entry into force of this Directive] at the latest, and within [ OP please insert the date= 612 months after entry into force of this Directive] for Article 46, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 143 #
Proposal for a directive
Article 49 – paragraph 2 – subparagraph 1
Article 49 – paragraph 2 – subparagraph 1
They shall apply those measures from [ OP please insert the date= 1824 months after entry into force of this Directive] and from [ OP please insert the date= 612 months after entry into force of this Directive] for Article 46.
Amendment 144 #
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.