Activities of Sari ESSAYAH related to 2013/0139(COD)
Plenary speeches (1)
Payment accounts (debate)
Amendments (61)
Amendment 222 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Directive lays down rules concerning the transparency and comparability of fees charged to consumers on their payment accounts held within the European Union and provided by payment service providers located in the Union and rules concerning the switching of payment accounts within the Uniona Member State.
Amendment 231 #
Proposal for a directive
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘transferring payment service provider’ means the current payment service provider from which theof the consumer who transfers information on all or some recurrent payments is transferredto the receiving payment service provider;
Amendment 232 #
Proposal for a directive
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘receiving payment service provider’ means the new payment service provider with whom the consumer agrees on and opens a new payment account and to which the information on all or some recurrent payments is transferred by the transferring payment service provider;
Amendment 236 #
Proposal for a directive
Article 2 – paragraph 1 – point m
Article 2 – paragraph 1 – point m
(m) ‘switching’ means, upon a consumer's request, transferring from oneonce from the transferring payment service provider to anoththe receiving payment service provider the information about all or some standing orders for credit transfers, recurring direct debits and recurring incoming credit transfers executed on a former payment account, with or without transferring the positive account balance from onethe former payment account to the othernew payment account or closing the former account within a Member State;
Amendment 242 #
Proposal for a directive
Article 2 – paragraph 1 – point r a (new)
Article 2 – paragraph 1 – point r a (new)
(ra) 'business day' means a day on which the relevant payment service provider of the payer or the payment service provider of the payee involved in the execution of a payment transaction is open for business as required for the execution of a payment transaction as defined in Article 4(27) of Directive 2007/64/EC;
Amendment 253 #
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 20list of payment services accounting for at least 80% of the most representative payment services subject to a fee at national level. The list shall contain terms and definitions for each of the services identified.
Amendment 261 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 264 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall notify to the Commission the provisional lists referred to in paragraph 1 within 6 monthsone year of the entry into force of this Directive.
Amendment 267 #
Proposal for a directive
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 281 #
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 51 of Article 3 and the corresponding fees for each service.
Amendment 291 #
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, and the fee for the entire package and the fee for any service that is not referred to in paragraph 1.
Amendment 295 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 300 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 304 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 313 #
Proposal for a directive
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 328 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that payment service providers provide upon request by the consumer with a statement of all fees incurred on their payment account at least annually. The statement may be provided or made available electronically.
Amendment 329 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. If payment services are provided as a single package, the statement referred to in paragraph 1 shall include, deviating from points (a) and (b) in subparagraph 1 in paragraph 2, the fees charged for the entire package during the relevant period.
Amendment 333 #
Proposal for a directive
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
Amendment 347 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Amendment 349 #
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 servicMember States shall define the format of the statement of fees referred to in paragraph 51 of Article 3 shall be presented in the statement of fees.
Amendment 362 #
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 relevant, the terms and definitions contained in the list of the most representative payment services referred to in Article 3, paragraph 51.
Amendment 363 #
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 relevant, 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 fees1.
Amendment 410 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall ensure that the transferring and receiving payment service providers located in the Union provide a switching service within the same Member State as described in Article 10, or equivalent, to any consumer who holds a payment account with a payment service provider located in the Union.
Amendment 433 #
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Within onthree business days from the receipt of the authorisation referred to in paragraph 2, the receiving payment service provider shall request the transferring payment service provider to carry out the following tasks:
Amendment 459 #
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 474 #
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, the time limit starting from the point after the transferring payment service provider received the consumer's verification;
Amendment 492 #
Proposal for a directive
Article 10 – paragraph 8
Article 10 – paragraph 8
Amendment 496 #
Proposal for a directive
Article 10 – paragraph 9
Article 10 – paragraph 9
Amendment 503 #
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 payment service provider 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 costs of that payment service provider.
Amendment 508 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that any financial losfees and charges incurred by the consumer resulting from the non-complianceerrors of a payment service provider involved in the switching process with its obligations under Article 10 isare refunded by that payment service provider.
Amendment 510 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 537 #
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 within a Member State offers a payment account with basic features to consumers. Member States shall ensure that payment accounts with basic features are not only offered by payment service providers that provide the account solely with online banking facilities.
Amendment 542 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States shall be able to designate, based on the principles of transparency, non-discrimination and proportionality, one, several or all payment service providers. The measures to be adopted by Member States in this respect shall not create distortions of competition between payment service providers and shall be based on the principles of transparency, non- discrimination and proportionality.
Amendment 554 #
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 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. Member States shall ensure that the payment service provider may rely on the declaration of the consumer to determine whether he/she already holds a payment account within its territory.
Amendment 568 #
Proposal for a directive
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) where the conditions established by Chapter II of Directive 2005/60 or other relevant Union and national legislation are not satisfied.;
Amendment 576 #
Proposal for a directive
Article 15 – paragraph 3 – point b a-b (new)
Article 15 – paragraph 3 – point b a-b (new)
(ba) where there are weighty grounds for the refusal; (bb) the weighty grounds shall be linked to the consumer or his/her earlier behaviour. Such grounds may relate for instance to (a) criminal offences such as fraud committed by the consumer; (b) false and misleading information provided by the consumer resulting to an unjustified access to a payment account with basic features; (c) a risk for the payment service provider of supporting criminal activities; (d) essential and persistent breaches of contract; or (e) any other grounds being similar to ones listed in paragraph 2, points (a) to (d).
Amendment 589 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Member States shall ensure that, in the cases indicated in paragraph 3, the payment service provider immediately informs the consumer of the refusal, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy or the relevant Union or national legislation.
Amendment 591 #
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 598 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
1. Member States shall ensure that a payment account with basic features includes the followingessential payment services. Member States shall take into consideration the Recommendation 2011/442/EU when determining which payment services: are essential.
Amendment 599 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
Amendment 601 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
Amendment 604 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
Amendment 611 #
Proposal for a directive
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
Amendment 627 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 640 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that the services indicated in Article 16 are offered by payment service providers free of charge or for a reasonable fee.
Amendment 656 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 658 #
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Member States shall ensure that a payment service provider may unilaterally terminate a framework contract under terms and conditions which are non- discriminatory and reasonable under relevant Union or national legislation.
Amendment 660 #
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The payment service provider may unilaterally terminate a framework contract where at least one of the following conditions is metfor instance when:
Amendment 664 #
Proposal for a directive
Article 18 – paragraph 2 – point a
Article 18 – paragraph 2 – point a
(a) the consumer deliberately used or abused the account for criminal activitiillegal purposes;
Amendment 665 #
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
Amendment 679 #
Proposal for a directive
Article 18 – paragraph 2 – point d a (new)
Article 18 – paragraph 2 – point d a (new)
(da) the consumer provided false or misleading information which is essential for the contractual relationship;
Amendment 681 #
Proposal for a directive
Article 18 – paragraph 2 – point d b (new)
Article 18 – paragraph 2 – point d b (new)
(db) the consumer perpetrated essential breach of the contract;
Amendment 683 #
Proposal for a directive
Article 18 – paragraph 2 – point d c (new)
Article 18 – paragraph 2 – point d c (new)
(dc) the consumer has rejected an offer of altered terms and conditions made by the payment service provider pursuant to Directive 2007/64/EC.
Amendment 684 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. In these or similar cases, the payment service provider has right to terminate the contract immediately or as soon as possible.
Amendment 685 #
Proposal for a directive
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2b. The payment service provider's right to terminate a framework contract is without prejudice to obligations to terminate the contract or suspend the provision of the service under relevant Union or national legislation.
Amendment 691 #
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 at least 2 months before the termination enters into force, in writing and free of charge unless otherwise provided by the relevant Union or national legislation.
Amendment 710 #
Proposal for a directive
Article 23
Article 23
Amendment 713 #
Proposal for a directive
Article 24
Article 24
Amendment 715 #
Proposal for a directive
Article 25
Article 25
Amendment 733 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Member States shall adopt and publish, by [onetwo years after entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.