Activities of Olle SCHMIDT related to 2012/2055(INI)
Shadow opinions (1)
OPINION on Access to Basic Banking Services
Amendments (34)
Amendment 2 #
Draft opinion
Recital B
Recital B
B. whereas this right should be enjoyed by every person legally resident in the Union, and whereas freedom of movement is of fundamental importance, in particular for students, workers, posted workers and seasonal workers, for all persons who, by virtue of their occupation, need to be able to move across borders and for persons with a low income or who have declared themselves bankrupt;
Amendment 6 #
Draft opinion
Recital D
Recital D
D. whereas existing restrictive conditions which payment-service providers require persons wishing to open payment accounts to meet go beyond the requirements of the law and curtail workers’ freedom of movement within the Union;
Amendment 9 #
Draft opinion
Recital F
Recital F
F. whereas in its 2011 work programme the Commission announced its intention of publishing a proposal for a legislative instrument concerning access to a bank account, but whereas on 18 July 2011 it instead merely published a recommendation on access to a basic payment account; whereas only a legislative instrument better can guarantee the legal certainty ordinary members of the public need;
Amendment 10 #
Motion for a resolution
Recital B
Recital B
B. whereas access to basic banking services is a precondition for consumers to benefit from the internal market, notably from cross-border migration, money transfer and the purchase of goods and services at non-discriminatoryappropriate cost; whereas the annual opportunity cost of not having access to a payment account is estimated at between EUR 185 to EUR 365 per consumer;
Amendment 12 #
Draft opinion
Recital G
Recital G
G. whereas not having access to a payment account prevents consumers from participating in the main financial services market and from obtaining essential goods and services, and whereas this hampers or rules out social and financial inclusion, a state of affairs which often works to the detriment of the weakest members of society;
Amendment 13 #
Draft opinion
Recital H
Recital H
H. whereas principles governing access to a basic payment account should be laid down and applied consistently throughout the Union, with a view to fostering social inclusion and social cohesion;
Amendment 14 #
Draft opinion
Recital J
Recital J
J. whereas students, workers and service providersthose wishing to take advantage of mobility within the EU often come up against serious obstacles;
Amendment 17 #
Draft opinion
Recital L
Recital L
L. whereas consumers without a bank account are forced to use cash; whereas this not only restricts their choice of payment methods and serves to exclude them from electronic transactions, but is also more expensive, involving what amounts to a ‘poverty surcharge’; whereas this problem is particularly common among certain highly vulnerable groups in society, such as the homeless, the elderly and immigrants;
Amendment 18 #
Draft opinion
Recital M
Recital M
M. whereas life without a bank account in a person’s country of residence makes it much more difficult to find full-time employment, rent accommodation, pay taxes and receive wages; whereas the denial of a bank account or the offer of less favourable conditions on the basis of a person’s place of residence constitutes a form of discrimination which is often unnecessary and is at odds with the principle of freedom of movement for citizens and workerssocial and economic situation is discriminatory;
Amendment 20 #
Draft opinion
Recommendation 1 – paragraph 1
Recommendation 1 – paragraph 1
As stated in Directive 2011/83/EU on consumer rights, a consumer is a natural person acting for purposes outside his or her trade, business, craft, or profession. When defining the term ‘consumer’, the Commission must make it clear that all mobile workers and studentsresidents of the Union are also covered and consequently have a right of access to a basic payment account.
Amendment 22 #
Draft opinion
Recommendation 1 – paragraph 2
Recommendation 1 – paragraph 2
A basic payment account is a bank account enabling a consumer to effect all commonstandard payment transactions to the extent that the balance allows.
Amendment 24 #
Draft opinion
Recommendation 1 – paragraph 3
Recommendation 1 – paragraph 3
The right of access to a basic payment account should apply to all consumers unless there are seriousmotivated reasons to the contrary. It does not, however, imply any obligation to have a bank account.
Amendment 29 #
Draft opinion
Recommendation 2 – paragraph 1
Recommendation 2 – paragraph 1
Member States should ensure that every consumer legally resident in the EU is entitled to open and keep an basic payment account with any commercial payment service provider operating on their territory. It should make no difference whether the consumer has an account in another Member State enabling him or her to make use in that Member State of the services specified in recommendation 3. This entitlement is applicable regardless of the consumer’s financial circumstances.
Amendment 31 #
Draft opinion
Recommendation 2 – paragraph 2
Recommendation 2 – paragraph 2
Member States should ensure that all banks with private customeractive in the retail banking business are obliged to offer basic payment accounts, so as to avoid discrimination and unfair competition among banks, except where specific arrangements are in force in a Member State.
Amendment 44 #
Motion for a resolution
Recital K
Recital K
K. whereas as part of their corporate social responsibility strategies, banks should share responsibility with public authorities and civil society for the provision of access to basic banking services weithouter free of charge or at appropriate cost;
Amendment 48 #
Draft opinion
Recommendation 3 – paragraph 1
Recommendation 3 – paragraph 1
A basic payment account should serve to effect all operations required in order to open, operate, and close a payment account, perform services enabling money to be placed in a payment account, and execute direct debiting, credit transfer, and as well as physical and remote payment transactions through a standard payment card.
Amendment 60 #
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas students, workers and service providers must be able to move across borders and easily take advantage of the mobility within in the European Union;
Amendment 61 #
Motion for a resolution
Recital N b (new)
Recital N b (new)
Nb. whereas opening a bank account in a Member State should not require the consumer to close an existing account in another Member State;
Amendment 62 #
Motion for a resolution
Recital N c (new)
Recital N c (new)
Nc. whereas existing requirements from the payment service provider for opening a basic bank account are restrictive and may hinder cross border mobility within the European Union.
Amendment 62 #
Draft opinion
Recommendation 3 – paragraph 5
Recommendation 3 – paragraph 5
Many basic payment accounts are nowadays exclusively internet based, a fact which makes them ideal for e-commerce but also excludes part of the population, especially those who have no Internet access or older people. Given that consumers in these categories could be placed at a disadvantage, tthose who have no Internet access. The aim should be to make the projected basic payment account user friendly, simple, and secure.
Amendment 66 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end of 2012, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a legislative proposal or proposals ensuring access to basic banking services to all consumers livinglegal residents in the Union, following the detailed recommendations set out in the Annex hereto;
Amendment 67 #
Draft opinion
Recommendation 3 – paragraph 7
Recommendation 3 – paragraph 7
Amendment 70 #
Draft opinion
Recommendation 3 – paragraph 8
Recommendation 3 – paragraph 8
Amendment 78 #
Draft opinion
Recommendation 3 – paragraph 11
Recommendation 3 – paragraph 11
Payment service providers should be obliged to providprovide adequate information to consumers in writing on the basic payment accounts that they offer.
Amendment 80 #
Proposal for a recommendation
Annex – recommendation 1 – paragraph 1
Annex – recommendation 1 – paragraph 1
1. The legislation should obliencourage as many payment service providers as possible, as defined in Article 4(9) of Directive 2007/64/EC, to provide basic banking services.
Amendment 96 #
Proposal for a recommendation
Annex – recommendation 1 – paragraph 4
Annex – recommendation 1 – paragraph 4
Amendment 106 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 5
Annex – recommendation 2 – paragraph 5
5. The legislation should ensure that any consumer, that is to say any natural person who is acting for purposes other than his trade, business, craft or profession, legally resident in the Union has the right to open and use a basic bank account with a payment service provider operating in a Member State provided that the consumer does not already hold a basic bank account meeting the requirements of Union legislation as specified in these Recommendations in the territory of that Member State.
Amendment 112 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 6
Annex – recommendation 2 – paragraph 6
6. The legislation should ensure that it is not unduly burdensome for consumers to demonstrate that they do not already hold a basic bank account in the Member Sate, and provide for a declaration by the consumer to that effect during the application process.
Amendment 125 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 10
Annex – recommendation 2 – paragraph 10
Amendment 137 #
Proposal for a recommendation
Annex – recommendation 3 – paragraph 14
Annex – recommendation 3 – paragraph 14
14. The payment service provider should not offer, explicitly or tacitly, any overdraft facilities or overrunning in conjunction with a basic bank account. A payment order to the consumer’s payment service provider should not be executed where such an execution would result in a negative balance of the consumer’s basic bank account. Access to credit should not be considered as a component of or a right related to a basic bank account, whatever the purpose or the form of the credit.
Amendment 145 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 15
Annex – recommendation 2 – paragraph 15
15. Access to a basic bank account should be either free of charge or upon an appropriate fee.
Amendment 164 #
Proposal for a recommendation
Annex – recommendation 3 – paragraph 17 – section A – subparagraph 1
Annex – recommendation 3 – paragraph 17 – section A – subparagraph 1
The consumer should be provided with non-discriminatory access to personal service, such as over-the-counter service in branches and to the use of automatic teller machines (ATMs), including other banks’ ATMs where technically possible. The provider should not charge anyppropriate fees related to the execution of basic account management services.
Amendment 215 #
Proposal for a recommendation
Annex – recommendation 5 – paragraph 27
Annex – recommendation 5 – paragraph 27
27. Member States should closely monitor any distortions of competition between providers of basic bank accounts. Where a number of providers disproportionately shoulder the cost of providing basic bank accounts, financial compensation should be provided. While in under-banked Member States, additional support for the development of adequate infrastructure should be considered, intra-sector redistribution mechanisms should be sufficient in Member States with high bank account penetration. Competent authorities should facilitate the creation of a compensation fund to be financed by payment service providers within the scope of the legislation. Should the number of basic bank accounts be disproportionate to the economic importance of the individual provider, the provider should be entitled to benefit from compensatory payments.
Amendment 229 #
Proposal for a recommendation
Annex – recommendation 2 – paragraph 32
Annex – recommendation 2 – paragraph 32
32. The Commission should complement basic banking legislation by further initiatives aiming at further integration and harmonisation of retail banking services, better and more efficient financial education and prevention of financial exclusion. Such a package should: