Activities of Olle LUDVIGSSON related to 2013/0139(COD)
Plenary speeches (2)
Payment accounts (debate)
Payment accounts (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features PDF (585 KB) DOC (462 KB)
Amendments (58)
Amendment 145 #
Proposal for a directive
Recital 13
Recital 13
(13) The fee terminology should be determined by national competent authorities, allowing for consideration of the specificities of local markets. To be considered representative, services should be subject to a fee or offered free of charge at a minimum of one payment service provider in Member States. In addition, where possible, fee terminology should be standardised at EU level, thus allowing for comparison across the Union. The European Banking Authority (EBA) should establish guidelines to assist Member States to determine the most representative payment services, subject to a fee or offered free of charge, at national level.
Amendment 149 #
Proposal for a directive
Recital 14
Recital 14
(14) Once national competent authorities have determined a provisional list of the most representative services subject to a fee or offered free of charge at national level together with terms and definitions, the Commission should review them to identify, by means of delegated acts, the services that are common to the majority of Member States and propose standardised EU level terms and definitions for them.
Amendment 151 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14a) All standardised fee terminology, at EU and national level, should be made as clear and concise as possible.
Amendment 153 #
Proposal for a directive
Recital 15
Recital 15
(15) In order to help consumers compare payment account fees throughout the single market easily, payment service providers should provide consumers with a list of fees charged for the services listed in the standardised terminology as well as, where applicable, all other services linked to the account. This would also contribute towards establishing a level playing field between credit institutions competing in the payment account market. The fee information document should only contain information onbe based on standardised terminology regarding the most representative payment services in each Member State, using the terms and definitions established at EU level where relevantapplicable. In order to help consumers understand the fees they have to pay for their payment account, a glossary providing explanations for at least thell fees and services contained in the list should be made available to them. The glossary should serve as a useful tool to encourage a better understanding of the meaning of fees, contributing towards empowering consumers to choose from a wider choice of payment account offers. An obligation should also be introduced for payment service providers to inform consumers, at least annually, of all the fees charged and the interest earned and paid on their account. Ex-post information should be provided in a dedicated summary. It should provide a complete overview of the fees incurred and the interest earned and paid to enable a consumer to understand what fee expenditures and interests relate to, and to assess the need to either modify consumption patterns or move to another provider. This benefit would be maximised by the ex-post fee information covering the same services as the ex-ante information. To consumers who ask for it, the statement of fees should be sent in paper format. Otherwise, the statement could be distributed electronically.
Amendment 161 #
Proposal for a directive
Recital 17
Recital 17
(17) In order to ensure the consistent use of applicable EU level terminology across the Union, Member States should establish an obligation for payment service providers to use the applicable EU level terminology together with the remaining national standardised terminology identified in the provisional list when communicating with consumers, including in the fee information document and, the statement of fees. Except for in the fee information document and statement of fees, payment service providers may use brand names to denote services and contractual information. In commercial information, payment service providers may use brand names to denote services as long as the corresponding terms standardised at the EU and national level, where applicable, are clearly identified.
Amendment 164 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to obtain impartial information on bank fees, consumers should be able tofees charged and interest rates applied on payment accounts, consumers should have free of charge access to comparison websites which are financially and operationally independent from payment service providers. Member States should therefore ensure that at least one such website is available to consumers in their respective territories. Such comparison websites may be operated by competent authorities, other public authorities and/or accredited private operators. Member States should establish a voluntary accreditation scheme allowing private operators of comparison websites to apply for accreditation in accordance with specified quality criteria. A comparison website operated by a competent authority or other public authority should be established where a privately operated website has not been accredited. Such websites should also comply with the quality criteria. In order for consumers to get easy access to comparison websites also in other Member States, a Union web portal containing links to all national level websites should be established.
Amendment 172 #
Proposal for a directive
Recital 21
Recital 21
(21) Consumers are only incentivised to switch accounts if the process does not entail an excessive administrative and financial burden. The procedure for switching payment accounts to another payment service provider should be clear and, quick. The fees, if any, charged by payment service providers in relation to the switching service should be in line with the actual cost incurred by payment service providers and inexpensive. In order to have positive impact on competition, switching should also be facilitated at cross-border level. Given that switching cross-border could be more complex than the switching at national level and may require payment service providers to adapt and refine their internal procedures, longer deadlines for the cross-border switch should be foreseen. The need to maintain different deadlines should be evaluated in the context of the review of the proposed Directive.
Amendment 176 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Regarding switching between domestic payment service providers, Member States should be allowed to uphold or lay down rules that deviate slightly from those outlined in this Directive as long as this entails efficiencies that are clearly in the interest of the consumer.
Amendment 184 #
Proposal for a directive
Recital 27
Recital 27
(27) Consumers who are legally resident in the Union and who do not hold a payment account in a certain Member State should be in a position to open and use a payment account with basic features in that Member State. In order to ensure the widest possible access to such accounts, consumers should have access to them irrespective of their financial circumstances, – such as unemployment status, level of income, credit history or personal bankruptcy, – and of their place of residence. Moreover, the right to access a payment account with basic features in any Member State should be granted in conformity with the requirements set out in Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, in particular with regard to customer due diligence procedures.
Amendment 187 #
Proposal for a directive
Recital 28
Recital 28
(28) Member States should ensure that at least one payment account with basic features is offered to consumers by all payment service providers offers aing payment account with basic features to consumers to consumers as an integral part of their regular business. Access should not be overly difficult and should not entail excessive costs for consumers. In this respect, Member States should consider factors such as the location of the designated payment service providers in their territory. In order to minimise the risk for consumers to become financially excluded, Member States should improve financial education, including at school, and combat over- indebtedness. Furthermore, Member States should promote initiatives of payment service providers in order to facilitate the combination of providing payment accounts with basic features and financial education.
Amendment 198 #
Proposal for a directive
Recital 29
Recital 29
(29) To exercise their right to access a basic payment account, consumers should not already hold a payment account in the same territory. When it is not possible to use electronic systems to establish whether or not a consumer already holds a payment account, payment service providers should accept a formal declaration by consumers as a reliable means of verifying that they do not already hold a payment account.
Amendment 199 #
Proposal for a directive
Recital 30
Recital 30
(30) Consumers should be guaranteed access to a range of basic payment services, for which a minimum number of operations shall be determined by Member States in a way that should take into account both the needs of the consumers and the commercial practices in the Member State concerned. Beyond this list of minimumbasic services, banks may apply their regular fees. Services linked to basic payment accounts should include the facility to deposit and withdraw money. Consumers should be able to undertake essential payment transactions such as receiving income or benefits, paying bills or taxes and purchasing goods and services, including via direct debit, credit transfer and the use of a payment card. Such services should allow the purchase of goods and services online and should give consumers the opportunity to initiate payment orders via the payment service provider's online banking facility, where available. However, a payment account with basic features should not be restricted to online usage as this would create an obstacle for consumers without internet access. Consumers should not be given access to an overdraft facility with a payment account with basic features. However, Member States may allow payment services providers to offer buffering facilities for very small amounts in relation to payment accounts with basic features. As long as a payment account with basic features is operated by the consumer for personal use, there should be no limits to the number of operations to be provided to the consumer under the specific pricing rules of this account.
Amendment 201 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to ensure that basic payment accounts are available to the widest possible range of consumers, they should be offered free of charge or for a reasonable fee. Furthermore, any additional charges to the consumer for non- compliance with the terms laid down in the contract should be reasonable. Member States should establish what constitutes a reasonable charge according to national circumstances and never higher than the fees of the regular pricing policy of the provider. Payment service providers should be required to ensure that, among the products they offer, the payment account with basic features is always the most affordable account for carrying out basic payment transactions. There should be a reasonable upper limit for the total amount of fees charged in a year by a payment service provider to the consumer for the operation of a payment account with basic features. Member States should establish what constitutes a reasonable charge, and a reasonable upper limit for the total amount of fees in a year, according to national circumstances, inter alia with regard to the average income of people living at risk of poverty or social exclusion. In order to ensure consistency and efficiency in the implementation of the principle of a reasonable charge, the EBA should be tasked with issuing guidelines as regards the general criteria identified in this Directive.
Amendment 204 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) Where appropriate, and in particular with regard to people with no fixed address, Member States should put in place non-discriminatory and flexible mechanisms to assist consumers in meeting customer due diligence requirements related to the payment accounts with basic features, while complying with the legislation on money laundering and terrorist financing.
Amendment 205 #
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34b) In order for customers holding payment accounts with basic features to be serviced in an appropriate manner, Member States should ensure that the relevant employees at payment service providers offering these accounts are given adequate training, sufficient time and, where applicable, reasonably adapted sales targets.
Amendment 210 #
Proposal for a directive
Recital 38
Recital 38
(38) Within threewo years from entry into force of this Directive and every two years thereafter, Member States should obtain reliable annual statistics on the functioning of the measures introduced by the present Directive. They should use any relevant sources of information and communicate that information to the Commission.
Amendment 212 #
Proposal for a directive
Recital 39
Recital 39
(39) A review of this Directive should be carried out fivthree years after its entry into force in order to take account of market developments, such as the emergence of new types of payment accounts and payment services, as well as developments in other areas of Union law and the experiences of Member States. The review should assess whether the measures introduced have improved consumer understanding of payment account fees, the comparability of payment accounts and the ease of switching accounts. It should also determine how many basic payment accounts have been opened including by previously unbanked consumers. It should also assess whether extended deadlines for payment service providers performing cross-border switching are to be maintained for a longer period. Also, it should assess whether the provisions on the information to be provided by payment service providers when offering packaged products are sufficient or whether additional measures are needed. The Commission should submit a report to the European Parliament and the Council accompanied, if appropriate, by legislative proposals.
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3a. Without prejudice to the specific provisions set out in Articles 15-19, a payment account with basic features shall be seen as a payment account for the purposes of this Directive.
Amendment 234 #
Proposal for a directive
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘fees’ means theall charges and penalties, if any, payable by the consumer to the payment service provider for, and in relation to, the provision of payment services or for transactions operatand other services linked ton a payment account;
Amendment 246 #
Proposal for a directive
Article 3 – title
Article 3 – title
List of the most representative payment services subject to a fee at national level and standardised terminology
Amendment 249 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that the competent authorities referred to in Article 20, determine a provisional list of at least 2015 payment services accounting for at least 890% of the most representative payment services, subject to a fee at national level. The listor offered free of charge, at national level. The list, to be made clear and concise, shall contain terms and definitions for each of the services identified.
Amendment 272 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts, in accordance with Article 24, concerning the setting out, on the basis of the provisional lists submitted pursuant to paragraph 3, of an EU standardised terminology for those payment services that are common to at least a majority of Member States. The EU standardised terminology, to be made clear and concise, will include common terms and definitions for the common services.
Amendment 278 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that before entering into a contract for a payment account with a consumer, payment service providers provide the consumer with a fee information document containing the list of the most representative services referred to in paragraph 5 of Article 3 and the corresponding fees for each service as well as, where applicable, all other services and corresponding fees linked to the account.
Amendment 284 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure that payment service providers do not apply any fees that are not explicitly mentioned in the fee information document.
Amendment 287 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Where one or more payment services referred to in paragraph 1 is offered as part of a package of financial services, the fee information document shall disclose which of the services referred to in paragraph 1 are included in the package, the fee for the entire package and the separate fees for anyll service that is not referred to in paragraph 1s included in the package.
Amendment 301 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Member States shall ensure that payment service providers make available to consumers a glossary of at least the list of paymentll services referred to in paragraph 1 and the related definitions.
Amendment 316 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The Commission shall be empowered to adopt implementing acts pursuant to Article 26 to define the format of the fee information document, its common symbol and the order in which the services referred to in paragraph 5 of Article 3, as well as all other services, shall be presented in the fee information document.
Amendment 323 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that payment service providers provide the consumer with a statement of all fees incurred and the interest earned and paid on their payment account at least annually.
Amendment 339 #
Proposal for a directive
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) the interest earned and paid on the account during the relevant period;
Amendment 352 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The Commission shall be empowered to adopt implementing acts pursuant to Article 26 to define the format of the statement of fees, its common symbol and the order in which the services referred to in paragraph 5 of Article 3, as well as all other services, shall be presented in the statement of fees.
Amendment 360 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that in their contractual and commercial information, payment service providers use, where relevantapplicable, the terms and definitions contained in the list of the most representative payment services referred to in Article 3, paragraph 5.
Amendment 367 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Payment service providers may use brand names to designate their services in their contractual and commercial information, subject to the condition that they identify, where relevantapplicable, the corresponding term in the list referred to in Article 3, paragraph 5. Payment service providers shall not use brand names in the fee information document or, the statement of fees or contractual information.
Amendment 372 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that consumers have free access to at least one website comparing fees charged and interest rates applied by payment service providers for services offered on payment accounts at national level in accordance with paragraphs 2 and 3.
Amendment 375 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall establish a voluntary accreditation scheme for websites comparing fees charged and interest rates applied by payment service providers for services offered on payment accounts operated by private operators. In order to be granted accreditation, comparison websites operated by private operators shall:
Amendment 377 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) be financially and operationally independent of any payment service provider;
Amendment 382 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) use plain language and, where relevantapplicable, the terms referred to in Article 3, paragraph 5;
Amendment 393 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
Amendment 419 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Regarding switching between domestic payment service providers, Member States may uphold or establish provisions that deviate slightly from those outlined in Article 10 if this entails efficiencies that are clearly in the interest of the consumer.
Amendment 420 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
EBA shall develop draft regulatory technical standards to specify what kinds of deviations indicated in paragraph 1a are to be allowed. EBA shall submit those draft regulatory technical standards to the Commission by... Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.
Amendment 458 #
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) set up within seven calendarbusiness days the standing orders for credit transfers requested by the consumer and execute them from the date specified in the authorisation;
Amendment 476 #
Proposal for a directive
Article 10 – paragraph 6 – point a
Article 10 – paragraph 6 – point a
(a) send the receiving payment service provider the information indicated in points (a), (b) and (c) of paragraph 3 within seven calendarbusiness days of receiving the request;
Amendment 502 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall ensure that fees, if any, applied by the transferring or the receiving paymentall services providerd to the consumer for any service provided under Article 10, other than those referred to in paragraphs 1 to 3, shall be appropriate and in line with the actual costsoffered free of tchat payment service providerrge.
Amendment 527 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least one payment service provider in their territory offersensure that a payment account with basic features is offered to consumers. Member States shall ensure that payment accounts with basic features are not only offered by payment serv by all payment service providers offering payment accounts, covering at least the services listed in Article providers that provide the account solely with online banking facilitie16(1), as an integral part of their regular business.
Amendment 552 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that consumers legally resident in the Union have the right to open and use a payment account with basic features with the payment service provider or providers identified pursuant to paragraph 1. Such a right shall apply irrespective of the consumer's financial circumstances and place of residence. Member States shall ensure that the exercise of the right is not made excessively difficult or burdensome for the consumer. Before opening the payment account with basic features, payment service providers shall verify whether the consumer holds or does not hold a payment account in their territory.
Amendment 562 #
Proposal for a directive
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) Where a consumer already holds a payment account, with a payment service provider located in their territory, which allows him to make use of the payment services listed in Article 176(1);
Amendment 628 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall determine, for all the services referred to in paragraph 1, a minimum number of operations which will be providensure that, as long as a payment account with basic features is operated toby the consumer for the fee, if any, referred to in Article 17. The minimum number of operations shall be reasonable and in line with the common commercial practice in the Member State concernedpersonal use, there are no limits to the number of operations which will be provided to the consumer under the specific pricing rules set out in Article 17.
Amendment 646 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that the fees charged to the consumer for non- compliance with the consumer's commitments laid down in the framework contract are reasonable and never higher than the fees of the regular pricing policy of the provider.
Amendment 647 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Member States shall require payment service providers to ensure that, among the products they offer, the payment account with basic features is always the most affordable account for making use of the services listed in Article 16(1).
Amendment 649 #
Proposal for a directive
Article 17 – paragraph 2 b (new)
Article 17 – paragraph 2 b (new)
2b. Member States shall establish a reasonable upper limit for the total amount of fees charged in a year by a payment service provider to the consumer for the services listed in Article 16(1).
Amendment 652 #
Proposal for a directive
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. Member States shall ensure that the competent authorities establish what constitutes a reasonable fee, as well as a reasonable upper limit for the total amount of fees charged in a year, according to one or several of the following criteria:
Amendment 653 #
Proposal for a directive
Article 17 – paragraph 3 – point a
Article 17 – paragraph 3 – point a
(a) national income levels, with particular regard to the average income of people living at risk of poverty or social exclusion;
Amendment 654 #
Proposal for a directive
Article 17 – paragraph 3 – point c
Article 17 – paragraph 3 – point c
(c) totalhe costs / relating to the provision ofvenue profile of offering the payment account with basic features as a complement to the regular product line;
Amendment 669 #
Proposal for a directive
Article 18 – paragraph 2 – point c
Article 18 – paragraph 2 – point c
(c) the consumer knowingly provided incorrect information in order to obtain the payment account with basic features where the correct information would have resulted in the absence of such rightpplication being refused;
Amendment 687 #
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Member States shall ensure that where the payment service provider terminates the contract of a payment account with basic features, it informs the consumer of the grounds and the justification for the termination, and of the alternative dispute resolution mechanisms available, at least 2 months before the termination enters into force, in writing and free of charge.
Amendment 717 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
Member States shall provide the Commission with information on the following matters for the first time within 32 years from entry into force of this Directive and every 2 years thereafter:
Amendment 720 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission shall present to the European Parliament and the Council, within fivthree years of entry into force of this Directive, a report on the application of this Directive accompanied, if appropriate, by a proposal.
Amendment 722 #
Proposal for a directive
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
2a. The review shall assess, on the basis of the fees actually charged for services linked to payment accounts with basic features, whether further reductions of the fees are needed in order to take financial exclusion down to acceptable levels. In this context, the possibility of moving to a consistent free of charge approach shall be considered.
Amendment 723 #
Proposal for a directive
Article 27 – paragraph 2 b (new)
Article 27 – paragraph 2 b (new)
2b. The review shall assess whether the switching service provisions in Article 10 need to be enhanced by an obligation for all Member States to ensure that there is a system for automated redirection of standing orders and direct debits to the account held by the consumer with the receiving payment service provider.