5 Amendments of Antonius MANDERS related to 2022/0341(COD)
Amendment 49 #
Proposal for a regulation
Recital 11
Recital 11
(11) Security of instant credit transfers 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 of instant credit transfers, there is not enough time for the payer to realise the occurrence of a fraud or error and to try to recover the funds before they are credited to the payee’s account. PSPs should therefore verify free of charge to PSUs by means of an IBAN-Name Check 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. 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. __________________ 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 63 #
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. PSUsAny paying legal person making use of a payment service in the capacity of payer or payee should be able to opt out from using that service at any time during their contractual relationship with the PSP. After opting out, PSUsa legal person should be able to opt in to again avail of the service.
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 260/2012
Article 5a – paragraph 2 – point b
Article 5a – paragraph 2 – point b
(b) after receiving a payment order for an instant credit transfer, they shall immediately verify whether all the necessary conditions for processing the payment are met and whether the necessary funds are available, reserve the amount on the account of the payer and instantly send the payment transaction to the payee’s PSP;. In cases where the PSU is a natural person making use of a payment service in the capacity of payer for a first payment order above 250 euro, or the equivalent of 250 euro, to a payee, the payer's PSP shall instead instantly notify the payee's PSP of the payment order and, after 24 hours, send the payment transaction to the payee’s PSP. The payment transaction will not be sent to the payee’s PSP after the 24 hours if the PSP has been informed about the filing of an official report of fraud to the police regarding the transaction in case. If it appears to be fraud, the amount will return to the account of the payer.
Amendment 192 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 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 free of charge to PSUs by means of an IBAN-Name Check whether the payment account identifier and the name of the payee provided by the payer match. Where they do not match, that PSP shall notify the payer of any discrepancies detected and the degree of any such discrepancy.
Amendment 211 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 260/2012
Article 5c – paragraph 3 – subparagraph 1
Article 5c – paragraph 3 – subparagraph 1
PSPs shall ensure that PSUsany paying legal person making use of a payment service in the capacity of payer or payee have the right to opt out from receiving the service referred to in paragraph 1 and shall inform their PSUs legal person of the means to express such opt-out right.