16 Amendments of Sari ESSAYAH related to 2013/0264(COD)
Amendment 150 #
Proposal for a directive
Recital 13
Recital 13
(13) Directive 2007/64/EC exempts from its scope certain payment transactions by means of telecom or information technology devices where the network operator not only acts as an intermediary for the delivery of digital goods and services through the device in question, but also adds value to these goods or services. In particular, this exemption allows for so called operator billing or direct to phone- bill purchases which, starting with ringing tones and premium SMS-services, contributes to the development of new business models based on low-value sale of digital content. Feedback from the market shows no evidence that this payment method, trusted by consumers as convenient for low threshold payments, has developed into a general payment intermediation service. However, due to the ambiguous wording of the current exemption, this rule has been implemented differently in Member States. This translates into lack of legal certainty for operators and consumers and has occasionally allowed other payment intermediation services to claim eligibility for the exemption of the application of Directive 2007/64/EC. It is therefore appropriate to narrow down the scope of that Directive. The exemption should focus specifically on micro-payments for digital content, such as ringtones, wallpapers, music, games, videos, or applications. The exemption should only apply to payment services when provided as ancillary and intermediary services to electronic communications services (i.e. the core business of the operator concerned).
Amendment 158 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) The main reasons for the establishing TPP services seem to be the lack of interbank online real time services and the non-standardised user interfaces in e-banking platforms. There is therefore also a need to address the underlying shortcomings and weaknesses in the interbank e-payment services and to require e-banking and e-payment service providers to expand their internal e- banking services also to functions between different e-payment service providers.
Amendment 160 #
Proposal for a directive
Recital 26
Recital 26
Amendment 162 #
Proposal for a directive
Recital 28
Recital 28
(28) This Directive should regulate the granting of credit by payment institutions, i.e. the granting of credit lines and the issuance of credit cards, only where it is closely linked to payment services. Only if credit is granted in order to facilitate payment services and such credit is of a short-term nature and is granted for a period not exceeding 12 months, including on a revolving basis, it is appropriate to allow payment institutions to grant such credit with regard to their cross-border activities, on condition that it is refinanced using mainly the payment institution’s own funds, as well as other funds from the capital markets, but not the funds held on behalf of clients for payment services. Such rules should be without prejudice to Council Directive 2008/48/EC of the European Parliament and of the Council31 or other relevant Union or national legislation regarding conditions for granting credit to consumers not harmonised by this Directive. However, traditional companies, like retail shops, which have a parallel payment institution license may grant credits to their customers within their other business lines without any limitations due to their payment institution license. __________________ 31 Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66).
Amendment 198 #
Proposal for a directive
Recital 63
Recital 63
(63) Different national practices concerning charging for the use of a given payment instrument (hereinafter ‘surcharging’) have led to extreme heterogeneity of the Union’s payments market and become a source of confusion for consumers, in particular in the e- commerce and cross-border context. Merchants located in Member States where surcharging is allowed offer products and services in Member States where it is prohibited and in this case still surcharge the consumer. Moreover, a strong rationale for revision of surcharging practices is supported by the fact that Regulation (EU) No xxx/yyyy establishes rules for multilateral interchange fees for card-based payments. As interchange fees are the main element making most card payments expensive and surcharging is in practice limited to card-based payments, the rules on interchange fees should be accompanied by a revision of surcharging rules. In order to promote cost transparency and the use of the most efficient payment instruments, Member States and payment service providers should not prevent the payee from requesting a charge from or providing a rebate to the payer for using a specific payment instrument, duly taking into account the provisions set out in Directive 2011/83/EU. However, the right of the payee to request a surcharge should only apply to those payment instruments for which interThe charges should not exceed the direct transaction related costs like the merchant service chanrge fees are not regulatedor the specific transaction. This should act as a steering mechanism towards the cheapest means of payments.
Amendment 202 #
Proposal for a directive
Recital 64
Recital 64
(64) In order to improve the efficiency of payments throughout the Union, all traditional payment orders initiated by the payer and denominated in euro or the currency of a Member State outside the euro area, including credit transfers and money remittances, should be subject to a maximum one-day execution time. For all other payments, such as payments initiated by or through a payee, including direct debits and card payments, in the absence of an explicit agreement between the payment service provider and the payer setting a longer execution time, the same one-day execution time should apply. It should be possible to extend those periods by an additional business day, if a payment order is given on paper. This allows the continued provision of payment services for those consumers who are used to paper documents only. When a direct debit scheme is used the payee’s payment service provider should transmit the collection order within the time limits agreed between the payee and the payment service provider, enabling settlement at the agreed due date. In view of the fact that payment infrastructures are often highly efficient and in order to prevent any deterioration in current service levels, Member States should be allowed to maintain or set rules specifying an execution time shorter than one business day, where appropriate. The execution time should be shortened in all Member States due to technical developments towards real time execution and to enhance that process by 2018 the execution time should be maximum 3 hours, and during the same business day.
Amendment 203 #
Proposal for a directive
Recital 64 a (new)
Recital 64 a (new)
(64a) Due to Internet developments a major part of credit institutions provide online e-banking services. They usually provide within the credit institution online e-payments between customer accounts. This kind of limited internal e-payment services promote the market positions of large credit institutions with a large customer base and often operating in several national markets at the expense of smaller local credit institutions with small customer bases. In order to promote the development of internal market and payment efficiency it is important to extend these online e-payment services with interbank functionalities. Online e- payment is currently a service of interest only to a limited group of credit institutions, therefore it would be sufficient to require those credit institutions which provide internal online e-payments to provide these also in interbank context within the Union based on common communication standards.
Amendment 236 #
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) payment transactions carried out in an intermediary capacity by a provider of electronic communication networks or services where the transaction is provided for a subscriber to the network or service and for purchase of digital content as ancillary services to electronic communications services, regardless of the device used for the purchase or consumption of the content, provided that the value of any single intermediary payment transaction does not exceed EUR 50 and the cumulative value of payment transactions does not exceed EUR 2500 in any billing month for a specific intermediary billing partner;
Amendment 244 #
Proposal for a directive
Article 4 – paragraph 1 – point 5 a (new)
Article 4 – paragraph 1 – point 5 a (new)
5a. ‘e-payment transaction’ means an act, initiated electronically using electronic banking interfaces by the payer or on his behalf by the payee, of placing or transferring funds immediately or almost immediately in an online environment, irrespective of any underlying obligations between the payer and the payee. The electronic banking interfaces can also employ mobile telecommunication facilities.
Amendment 307 #
Proposal for a directive
Article 29 – title
Article 29 – title
Access to payment systems and credit institutions’ account services
Amendment 312 #
Proposal for a directive
Article 29 – paragraph 2 a (new)
Article 29 – paragraph 2 a (new)
2a. Member States shall ensure that payment institutions and electronic money institutions have necessary access to credit institutions’ payment and deposit account services without discrimination for payment purposes and to safeguard customer funds in their possession.
Amendment 368 #
Proposal for a directive
Article 55 – paragraph 3
Article 55 – paragraph 3
3. The payment service provider shall not prevent the payee from requesting from the payer a charge, offering him a reduction or otherwise steering him towards the use of a given payment instrument. Any charges applied shall, however, not exceed the direct transaction related costs borne by the payee for the use the specific payment instrument.
Amendment 378 #
Proposal for a directive
Article 55 – paragraph 4
Article 55 – paragraph 4
4. However, Member States shall ensure that the payee shall not request charges for the use of debit card based payment instruments for which interchange fees are regulated under Regulation (EU) No [XX/XX/XX/] [OP please insert number of Regulation once adopted]
Amendment 513 #
Proposal for a directive
Article 74 – paragraph 1
Article 74 – paragraph 1
1. Member States shall require the payer's payment service provider to ensure that, after the point in time of receipt in accordance with Article 69, the amount of the payment transaction is credited to the payee's payment service provider's account at the latest by the end of the next business day. By 1.1.2018 the execution time shall be three hours or before closing the business day. These periods may be extended by a further business day for paper-initiated payment transactions.
Amendment 515 #
Proposal for a directive
Article 74 a (new)
Article 74 a (new)
Article 74a Interbank online payment transactions to a payment account 1. Member States shall require payment service providers, which provide internally immediate online e-payments between customer accounts also to send e-payment transactions to other service providers, which provide e-payment customer services internally. Any external e- payment transaction shall be forwarded to such other payment service provider with the same immediacy as a similar e- payment would be executed to internal payees. 2. Member States shall require payees' payment service providers, which provide internally immediate online e-payments between customer accounts also to receive and process e-payment transactions from other service providers and credit the payee accounts as rapidly as corresponding internal e-payment transactions. 3. When applicable payment service providers shall use SEPA transaction formats for e-payments. 4. An e-payment service provider shall make itself reachable via suitable telecommunication solutions based on common available communication standards. 5. EBA shall define common communication standards for e-payments and coordinate the implementation of such standards in the event that the market players are unable to agree on suitable common industry standards for e- payment transmissions. These interbank e-payment requirements shall enter into force 9 months after this directive has entered into force.
Amendment 589 #
Proposal for a directive
Annex 1 – point 7 – introductory part
Annex 1 – point 7 – introductory part
7. Services based on access to payment accounts provided by a payment service provider who is not the original account servicing payment service provider, in the form of:but functions as an intermediary payment service and account provider and by using payment initiation services transfers funds to the intended final destination;