Activities of Claude GRUFFAT related to 2022/0341(COD)
Plenary speeches (1)
Instant payments in euro (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 260/2012 and (EU) 2021/1230 as regards instant credit transfers in euro
Amendments (20)
Amendment 14 #
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 as well as Directive 98/26/EC as regards instant credit transfers in euro (Text with EEA relevance)
Amendment 44 #
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 LEI as the name of the payee. 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 for regular credit transfers, since they are also exposed to risks of fraud or error. __________________ 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 54 #
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’. In case of a close match, PSPs should notify the payer of the name of the payee associated to the IBAN number.
Amendment 59 #
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 servicePSPs should inform PSUs about the implications for PSP liability and PSU refunds rights of their choice to ignore the notified discrepancy.
Amendment 95 #
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 1ca (new)
Article 2 – paragraph 1 – point 1ca (new)
(1ca) 'Name of the payee’ means the name and surname for a natural person and the commercial or legal name or legal entity identifier for a legal person.
Amendment 96 #
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 1da (new)
Article 2 – paragraph 1 – point 1da (new)
(1da) ‘legal entity identifier’ (LEI) means a unique alphanumeric reference code based on the ISO 17442 standard assigned to a legal entity.
Amendment 146 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 3a (new)
Article 5a – paragraph 3a (new)
(3a) PSPs shall ensure that the technical solutions and software supporting the processing of instant payments are designed taking into account the ‘energy efficiency first’ principle as defined in point (18) of Article 2 of Regulation (EU) 2018/1999
Amendment 156 #
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 = 6 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 = 126 months after the date of entry into force of this Regulation].
Amendment 184 #
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 instant credit transfers
Amendment 185 #
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 1
Article 5c – paragraph 1 – subparagraph 1
With regard to 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. Such verification shall be provided free of charge. By way of derogation from the first subparagraph, where the payee is a legal entity, a payer’s PSP shallmay verify whether the payment account identifier and the namelegal entity identifier of the payee, where provided by the payer match. W, instead of the name of the payee, match. In both cases where they do not match, that PSP shall notify the payer of any discrepancies detected and the degree of any such discrepancy. match in the following way: a. “Match” : no discrepancy is detected between the payment account identifier and the name of the payee. b. “Close Match” : the name of the payee almost matches with the payment account identifier provided. In such case, the PSP shall indicate to the payer, the name of the payee associated to the payment account identifier provided. c. “No match”: the name and the account do not match. If the account is a natural person, the PSP shall not reveal the name associated with the account. d. “Unavailable” : the payment account does not exist or could not be verified.
Amendment 200 #
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 204 #
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 209 #
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
Article 5c – paragraph 3
Amendment 217 #
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 227 #
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.
Amendment 240 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 6 – subparagraph 1
Article 5c – paragraph 6 – subparagraph 1
PSPs located in a Member State whose currency is the euro shall comply with this Article by …[ PO please insert the date = 128 months after the date of entry into force of this Regulation].
Amendment 243 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5c – paragraph 6 – subparagraph 2
Article 5c – paragraph 6 – subparagraph 2
PSPs located in a Member State whose currency is not the euro shall comply with this Article by …[ PO please insert the date = 3624 months after the date of entry into force of this Regulation].
Amendment 254 #
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 out 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 on a regular basis, at least once every calendar day.
Amendment 280 #
Proposal for a regulation
Article 2a (new)
Article 2a (new)
Article 2a Standardisation of QR-codes The Commission shall monitor the development by the industry of a Union- wide set of rules and standards for the implementation of instant payments. By 12 months after the entry into force of this Regulation, the Commission shall submit to the European Parliament and the Council a report and, where necessary, in case of slow progress, require the EBA to develop draft regulatory technical standards for the specification of a Union-wide set of rules and standards for the implementation of instant payments.
Amendment 283 #
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 to the 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.