Activities of Sebastian Valentin BODU related to 2013/0264(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on payment services in the internal market and amending Directives 2002/65/EC, 2013/36/EU and 2009/110/EC and repealing Directive 2007/64/EC
Amendments (2)
Amendment 13 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) funds shall not be commingled at any time with the funds of any natural or legal person other than payment service users on whose behalf, on the one hand, be labelled separately for each payment service user while, on the other hand, all those funds are held and, wcombined shall be separated from the payment institution’s own funds. Where they are still held by the payment institution and not yet delivered to the payee or transferred to another payment service provider by the end of the business day following the day when the funds have been received, they shall be deposited in a separate account in a credit institution or invested in secure, liquid low-risk assets as defined by the competent authorities of the home Member State; and they shall be insulated in accordance with national law in the interest of the payment service users against the claims of other creditors of the payment institution, in particular in the event of insolvency;
Amendment 14 #
Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
Article 9 – paragraph 1 – point b a (new)
(ba) In cases where the funds of payment service users are to be used under a term payment order or direct debit and, before the end of the term or automatic payment, legal proceedings are opened against the user of the funds that result in their being frozen, the funds held by the payment institution may not be blocked if the term payment order or direct debit has been issued prior to the judicial decision to freeze the funds.