31 Amendments of José GUSMÃO related to 2023/0210(COD)
Amendment 154 #
Proposal for a regulation
Article 2 – paragraph 2 – point j – point iii
Article 2 – paragraph 2 – point j – point iii
Amendment 161 #
Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 1
Article 2 – paragraph 2 – point k – paragraph 1
Amendment 164 #
Proposal for a regulation
Article 2 – paragraph 2 – point k – paragraph 2
Article 2 – paragraph 2 – point k – paragraph 2
Amendment 173 #
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
7. By [ OP please insert the date= one year after the date of entry into force of this Regulation], the EBA shall issue Guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010, addressThe EBA shall develop draft Regulatory Technical Standards to specify the conditions of the exclusion for payment transactions from the payer to the payee through a commercial agent referred to in paragraph 2, point (b) of this Article. The EBA shall submit the Regulatory Technical Standards referred to in the competent authorities designated undfirst subparagraph to the Commission by [ OP please insert this Regulation, on the exclusion for payment transactions from the payer to the payee through a commercial agent referred to in paragraph 2, point (b) of this Article. e date= one year after the date of entry into force of this Regulation]. Power is delegated on the Commission to adopt the Regulatory Technical Standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
Amendment 184 #
Proposal for a regulation
Article 3 – paragraph 1 – point 36 a (new)
Article 3 – paragraph 1 – point 36 a (new)
(36 a) ‘e-wallet provider’ means a provider which offers consumers an application to manage one or several payment services within one application without entering at any time into the possession of the funds to be transferred;
Amendment 193 #
Proposal for a regulation
Article 3 – paragraph 1 – point 53
Article 3 – paragraph 1 – point 53
(53) ‘commercial trade name’ means the name which is commonly used by the payee in the course of their trade and marketing to identify itself to the payer;
Amendment 200 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where a currency conversion service is offered prior to the initiation of the payment transaction and where that currency conversion service is offered at an ATM, at the point of sale or by the payee, the party offering the currency conversion service to the payer shall disclose to the payer all charges and the exchange rate to be used for converting the payment transaction including prominent and transparent disclosure of any mark-up over the latest available applicable foreign exchange reference rate issued by the relevant central bank.
Amendment 206 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Natural or legal persons providing cash withdrawal services as referred to in Article 38 of Directive (EU) [PSD3] shall provide or make availablein a prominent and easily understandable manner to their customers information on any charges directly before the customer carries out the withdrawal as well as upon receipt of the cash when the transaction is completed.
Amendment 214 #
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Payment service providers shall provide or make availablein a prominent and easily understandable way to payment service users the following information and conditions:
Amendment 219 #
Proposal for a regulation
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
(f) where applicable, the estimated charges for currency conversion in relation to credit transfers and money remittance transactions, expressed as a percentage mark-upin monetary value in the payer's currency over the latest available applicable foreign exchange reference rate issued by the relevant central bank;
Amendment 220 #
Proposal for a regulation
Article 20 – paragraph 1 – introductory part
Article 20 – paragraph 1 – introductory part
The payment service provider shall provide in a prominent and easily understandable way the following information and conditions to the payment service user:
Amendment 227 #
Proposal for a regulation
Article 20 – paragraph 1 – point c – point v
Article 20 – paragraph 1 – point c – point v
(v) where applicable, the estimated charges for currency conversion services in relation to a credit transfers, expressed as a percentage mark-upin monetary value in the payer's currency over the latest available applicable foreign exchange reference rate issued by the relevant central bank;.
Amendment 271 #
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1 a. Payees must offer to payment service users at least one payment method without surcharges which does not rely on the use of a payment initiation service provider.
Amendment 273 #
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. Traders such as creditors and insurance operators must offer to payment service users a way to share their data which does not rely on the use of account information service providers. Without prejudice to Regulation (EU) 2016/679, payment service providers shall inform consumers in a clear and comprehensible manner when they are presented with a personalised offer that is based on automated processing of personal data. Traders such as creditors and insurance operators shall ensure that the conditions to access their services do not discriminate against consumers legally resident in the Union on ground of their nationality or place of residence, the location of the payment account, the place of establishment of the payment service provider or the place of issue of the payment instrument within the Union or on any ground as referred to in Article 21 of the Charter of Fundamental Rights of the European Union. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector (Digital Markets Act), shall not receive access to payment systems as account information service provider. Account information service providers shall not be allowed to combine account information data obtained pursuant to this Regulation with other types of personal data where such combination of data may result in harmful practices such as social scoring. The European Banking Authority shall develop draft Regulatory Technical Standards limiting the combination of data obtained by account information service providers with other types of personal data. The EBA shall submit the Regulatory Technical Standards referred to in the first subparagraph to the Commission by [ OP please insert the date= one year after the date of entry into force of this Regulation]. When preparing the draft Regulatory Technical Standards referred to in subparagraph 6, the European Banking Authority shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679. Power is delegated on the Commission to adopt the Regulatory Technical Standards referred to in subparagraph 6 in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
Amendment 287 #
Proposal for a regulation
Article 36 – paragraph 1 – point b
Article 36 – paragraph 1 – point b
(b) the dedicated interface shall apply a re-direction approach to ensure the integrity and confidentiality of the personalised security credentials and of authentication codes transmitted by or through the payment initiation service provider or the account information service provider;
Amendment 296 #
Proposal for a regulation
Article 37 – title
Article 37 – title
Data access parity between dedicated access interface and customer interfacefor third parties
Amendment 298 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. AIn line with Regulation 2016/679/EU [GDPR], account servicing payment service providers shall provide account information services providers with at least the samthe information from designated payment accounts and associated payment transactions made available to the payment service user when directly requesting access to the account information,necessary for the performance of a contract to which the data subject is party provided that this information does not include sensitive payment data.
Amendment 300 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. AIn line with Regulation 2016/679/EU [GDPR], account servicing payment service providers shall provide payment initiation service providers with at least the samthe information onecessary for the initiation and execution of the payment transaction provided or made available to the payment service user when the transaction is initiated directly by the payment service user. That information shall be provided immediately after receipt of the payment order and on an ongoing basis until the payment is final.
Amendment 303 #
Proposal for a regulation
Article 37 – paragraph 3 a (new)
Article 37 – paragraph 3 a (new)
3 a. The processing of customer data shall be limited to what is necessary in relation to the purpose for which it was processed. In accordance with Article 16 of Regulation (EU) No 1093/2010, the EBA shall develop guidelines on the implementation of this paragraph for payment initiation services and account information services.
Amendment 305 #
Proposal for a regulation
Article 37 – paragraph 3 b (new)
Article 37 – paragraph 3 b (new)
3 b. When preparing the guidelines referred to in paragraph 3a of this Article, the EBA shall closely cooperate with the European Data Protection Board established by Regulation (EU) 2016/679.
Amendment 401 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Where a payment services user who is a consumer was manipulated by a third party pretending to be an employee of the consumer’s payment service provider using the name or e-mail address or telephone number of that payment service provider unlawfully and that manipulation gave rise to subsequent fraudulent authorised payment transactions, the payment service provider shall refund the consumer the full amount of the fraudulent authorised payment transaction under the condition that the consumer has, without any delay, notified its payment service provider. Upon receipt of the notification, payment service providers shall inform consumers if a reported of the fraud case to the police and notified its payment service provideris required to further process their claim.
Amendment 403 #
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. WThe payer’s payment service provider shall refund the payer the amount of the transaction immediately, and in any event no later than by the end of the following business day, after noting or being notified of the manipulation of the transaction, except where the payer’s payment service provider has reasonable grounds to suspect a fraud or a gross negligence by the consumer and communicates those grounds to the relevant national authority in writing. Where the payer’s payment service provider had reasonable grounds for suspecting fraud or a gross negligence by the consumer, within 10 business days after noting or being notified of the fraudulent authorised payment transaction, the payment service provider shall do either of the following:
Amendment 411 #
Proposal for a regulation
Article 59 – paragraph 2 – point b
Article 59 – paragraph 2 – point b
(b) where the payment service provider has reasonable grounds to suspect a fraud or a gross negligence by the consumer, provide aproof that the consumer has acted fraudulently or with gross negligence to the relevant national authority and provide to the payer a substantiated justification for refusing the refund and indicate to the consumer the bodies to which the consumer may refer the matter in accordance with Articles 90, 91, 93, 94 and 95 if the consumer does not accept the reasons provided.
Amendment 422 #
Proposal for a regulation
Article 59 – paragraph 5 – subparagraph 1 (new)
Article 59 – paragraph 5 – subparagraph 1 (new)
Where informed by a payment service provider of the occurrence of the type of fraud as referred to in paragraph 1, online platforms and online search engines as defined in Regulation 2022/2065/EU [Digital Services Act] shall cooperate closely with payment service providers and act swiftly in removing fraudulent content from their websites.
Amendment 425 #
Proposal for a regulation
Article 59 – paragraph 5 a (new)
Article 59 – paragraph 5 a (new)
5 a. Where the payment service provider is liable to the payment service user pursuant to paragraph 1 of this Article resulting from an act or omission by a trader, the supplier shall be entitled to pursue remedies against the trader responsible. The trader against whom the payment service provider may pursue remedies and the relevant actions and conditions of exercise, shall be determined by national law.
Amendment 471 #
Proposal for a regulation
Article 83 – paragraph 3
Article 83 – paragraph 3
3. To the extent necessary to comply with paragraph 1, point (c), payment service providers mayshall exchange the unique identifier of a payee with other payment service providers who are subject to information sharing arrangements as referred to in paragraph 5, when the payment service provider has sufficient evidence to assume that there was a fraudulent payment transaction. Sufficient evidence for sharing unique identifiers shall be assumed when at least two different payment services users who are customers of the same payment service provider or a consumer organisation have informed that a unique identifier of a payee was used to make a fraudulent credit transfer. Payment service providers shall not keep unique identifiers obtained following the information exchange referred to in this paragraph and paragraph 5 for longer than it is necessary for the purposes laid down in paragraph 1, point (c).
Amendment 477 #
Proposal for a regulation
Article 83 – paragraph 4
Article 83 – paragraph 4
4. The information sharing arrangements shall define details for participation and shall set out the details on operational elements, including the use of dedicated IT platforms. Before concluding such arrangements, payment service providers shall conduct jointly a data protection impact assessment as referred to in Article 35 of the Regulation (EU) 2016/679 and, where applicable, carry out prior consultation of the supervisory authority as referred to in Article 36 of that Regulation. The information sharing arrangements shall be concluded by [OP please insert the date = 12 months after the date of entry into force of this Regulation].
Amendment 481 #
Proposal for a regulation
Article 83 – paragraph 4 a (new)
Article 83 – paragraph 4 a (new)
4 a. To facilitate the exchange of unique identifiers of payees with other payment service providers, the European Banking Authority shall set up a dedicated IT platform allowing payment service providers to exchange unique identifiers of payees which were used to make a fraudulent credit transfer by [OP please insert the date = 12 months after the date of entry into force of this Regulation].
Amendment 485 #
Proposal for a regulation
Article 83 – paragraph 5 a (new)
Article 83 – paragraph 5 a (new)
5 a. Where payment fraud originates in the publication of fraudulent content online, payment service providers shall, without undue delay, inform providers of hosting services following the procedure laid down in Article 16 of Regulation (EU) 2022/2065 [Digital Services Act]. Where the payer’s payment service provider fails to block a transaction to an IBAN identified as fraudulent as set out in this Article, the payer shall not bear any financial losses unless the payer has acted fraudulently.
Amendment 488 #
Proposal for a regulation
Article 83 – paragraph 5 b (new)
Article 83 – paragraph 5 b (new)
5 b. Where the payer’s payment service provider fails to block a transaction to an IBAN identified as fraudulent as set out in this Article, the payer shall not bear any financial losses unless the payer has acted fraudulently.
Amendment 489 #
Proposal for a regulation
Article 83 – paragraph 5 c (new)
Article 83 – paragraph 5 c (new)
5 c. The payment service providers shall be responsible to provide evidence on whether the IBAN has been identified as fraudulent.