12 Amendments of Sharon BOWLES related to 2013/0264(COD)
Amendment 214 #
Proposal for a directive
Recital 83 a (new)
Recital 83 a (new)
(83a) The principles of mutual recognition and of home Member State supervision require that the Member States’ competent authorities should not grant or should withdraw authorisation where factors such as the content of programmes of operations, the geographical distribution or the activities actually carried on indicate clearly that a payment institution has opted for the legal system of one Member State for the purpose of evading the stricter standards in force in another Member State within the territory of which it intends to carry on or does carry on the greater part of its activities. A payment institution should be authorised in the Member State in which it has its registered office or if under its national law it has no registered office, its head office. In addition, Member States should require that a payment institutions head office must always be situated in its home Member State and that it actually operates there.
Amendment 273 #
Proposal for a directive
Article 4 – paragraph 1 – point 38 a (new)
Article 4 – paragraph 1 – point 38 a (new)
38a. ‘Personalised Security Credentials’ means the information - generally confidential - provided by a customer or Payment Service Provider for the purposes of authentication. Credentials can also mean the physical tool containing the information (e.g. one-time- password, generator, smart card) or something that the user memorises or represents (such as biometric characteristics).
Amendment 286 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The Member States or competent authorities shall require a payment institution which provides any payment services and, insofar as it at the same time is engaged in other listed in Annex 1 or carries out a business activitiesy referred to in Article 17(1)(c) to safeguard all funds which have been received from the payment service users or through another payment service provider for the execution of payment transactions, in either of the following ways:
Amendment 289 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. A payment institution which under the national law of its home Member State is required to have a registered office, shall have its head office in the same Member State as its registered office. and in which it actually carries out its business operations.
Amendment 300 #
Proposal for a directive
Article 26 – paragraph 1 – point 1 (new)
Article 26 – paragraph 1 – point 1 (new)
Member States shall not impose any additional requirements on an EU payment institution wishing to provide payment services in a host Member State which are not applicable to payment institutions authorised by the host Member State.
Amendment 391 #
Proposal for a directive
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Member States shall ensure that a payer has the right to make use of an authorised third party payment service provider to obtain payment services enabling access to payment accounts as referred to in point (7) of Annex I.
Amendment 397 #
Proposal for a directive
Article 58 – paragraph 2 – point a
Article 58 – paragraph 2 – point a
(a) to ensure that the personalised security featurecredentials of the payment service user are not accessible to other parties;
Amendment 436 #
Proposal for a directive
Article 61 – paragraph 2
Article 61 – paragraph 2
2. For the purposes of point (a) of paragraph 1, the payment service user shall, in particular, as soon as he in receipt of a payment instrument, take all reasonable steps to keep its personalised security featurecredentials safe. The payment service users' obligations of care shall not inhibit the use of any payment instrument and services authorised under this Directive.
Amendment 438 #
Proposal for a directive
Article 62 – paragraph 1 – point a
Article 62 – paragraph 1 – point a
(a) to make sure that the personalised security featurecredentials of the payment instrument are not accessible to parties other than the payment service user entitled to use the payment instrument, without prejudice to the obligations on the payment service user set out in Article 61;
Amendment 439 #
Proposal for a directive
Article 62 – paragraph 2
Article 62 – paragraph 2
2. The payment service provider shall bear the risk of sending a payment instrument to the payer or of sending any personalised security featurecredentials of it.
Amendment 468 #
Proposal for a directive
Article 66 – paragraph 1 – subparagraph 1
Article 66 – paragraph 1 – subparagraph 1
By way of derogation from Article 65 the payer may be obliged to bear the losses relating to any unauthorised payment transactions, up to a maximum of EUR 50 or equivalent, resulting from the use of a lost or stolen payment instrument or from the misappropriation of a payment instrument.
Amendment 501 #
Proposal for a directive
Article 67 – paragraph 3 a (new)
Article 67 – paragraph 3 a (new)
3a. Member States may allow their Payment Service Providers to offer more favourable refund rights in accordance with their direct debit schemes providing that they are more advantageous to the payer.