[ParlTrack]

Proposal for a directive
Article 2 – paragraph 1 – point k

k) 'fees' means the charges, if any, payable by the consumer to the payment service provider for the provision of payment services or for transactions operated on a payment account; penalties and charges for the violation of contractual obligations shall not be considered to be fees;

2013/10/14
Committee: IMCO

Edvard KOŽUŠNÍK

Proposal for a directive
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 210 payment services accounting for at least 860% 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.

2013/10/14
Committee: IMCO

Edvard KOŽUŠNÍK

Proposal for a directive
Article 5 – paragraph 1

1. Member States shall ensure that payment service providers provide the consumer with an electronic statement of all fees incurred on their payment account at least annually.

2013/10/14
Committee: IMCO

Edvard KOŽUŠNÍK

Proposal for a directive
Article 7 – paragraph 3

3. Where no website is accredited pursuant to paragraph 2, Member States shall ensure that a website operated by the competent authority referred to in Article 20 or any other competent public authority is established. Where a website has been accredited pursuant to paragraph 2, Member States may decide to establish an additional website operated by the competent authority referred to in Article 20 or any other competent public authority. Websites operated by a competent authority pursuant to paragraph 1 shall comply with paragraphs 2 (a) to (e).deleted

2013/10/14
Committee: IMCO

Edvard KOŽUŠNÍK

Proposal for a directive
Article 15

Article 15 Right to have access to a payment account with basic features 1. Member States shall ensure that at least one payment service provider in their territory 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. 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. 3. Payment services providers may not refuse an application for access to a payment account with basic features except in the following cases: 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 17(1); b) where the conditions established by Chapter II of Directive 2005/60 are not satisfied. 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. 5. Member States shall ensure that, in the cases indicated in paragraph 3(b), the payment service provider adopts appropriate measures pursuant to Chapter III of Directive 2005/60. 6. Member States shall ensure that access to a payment account with basic features is not made conditional on the purchase of additional services.deleted

2013/10/14
Committee: IMCO

Edvard KOŽUŠNÍK

Proposal for a directive
Article 15 – paragraph 1

1. Member States shall ensure that at least one payment service provider in their territory 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.~~

2013/10/14
Committee: IMCO

Edvard KOŽUŠNÍK

Proposal for a directive
Article 16

Article 16 Characteristics of a payment account with basic features 1. Member States shall ensure that a payment account with basic features includes the following payment services: a) services enabling all the operations required for the opening, operating and closing of a payment account; b) services enabling money to be placed on a payment account; c) services enabling cash withdrawals within the Union from a payment account; d) execution of the following payment transactions within the Union: 1) direct debit; 2) payment transactions through a payment card, including online payments; 3) credit transfers. 2. Member States shall determine, for all the services referred to in paragraph 1, a minimum number of operations which will be provided to 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 concerned. 3. Member States shall ensure that the consumer is able to manage and initiate payment transactions from the consumer's payment account with basic features via the payment service provider's online banking facilities, where available. 4. Member States shall ensure that the consumer is not offered any overdraft facilities in conjunction with the payment account with basic features.deleted

2013/10/14
Committee: IMCO

Edvard KOŽUŠNÍK

Proposal for a directive
Article 17

Article 17 Associated fees 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. 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 . 3. Member States shall ensure that the competent authorities establish what constitutes a reasonable fee according to one or several of the following criteria: a) national income levels; b) average charges associated with payment accounts in that Member State; c) total costs relating to the provision of the payment account with basic features; d) national consumer prices. 4. The EBA shall develop guidelines pursuant to Article 16 of Regulation (EU) No 1093/2010 to assist the competent authoritiesdeleted

2013/10/14
Committee: IMCO

Edvard KOŽUŠNÍK

Proposal for a directive
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.

2013/10/14
Committee: IMCO

Edvard KOŽUŠNÍK

Proposal for a directive
Article 18

Article 18 Framework contracts and termination 1. Framework contracts providing access to a payment account with basic features shall be subject to the provisions of Directive 2007/64/EC unless otherwise specified in paragraphs 2 and 3. 2. The payment service provider may unilaterally terminate a framework contract where at least one of the following conditions is met: a) the consumer deliberately used the account for criminal activities; b) there has been no transaction on the account for more than 12 consecutive months; 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 right; d) the consumer is no longer legally resident in the Union or has subsequently opened a second payment account in the Member State where he already holds a payment account with basic features. 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.deleted

2013/10/14
Committee: IMCO

Edvard KOŽUŠNÍK

Proposal for a directive
Article 19

Article 19 General information on payment accounts with basic features 1. Member States shall ensure that measures are in place to raise awareness among the public about the availability of payment accounts with basic features, their pricing conditions, the procedures to be followed in order to exercise the right to access payment accounts with basic features and the methods for having access to alternative resolution for the settlement of disputes. 2. Member States shall ensure that payment service providers make available to consumers information about the specific features of the payment account with basic features on offer, their associated fees and their conditions of use. Member States shall also ensure that the consumer is informed that the purchase of additional services is not compulsory to access a payment account with basic features.deleted

2013/10/14
Committee: IMCO

Activities of Edvard KOŽUŠNÍK related to 2013/0139(COD)

Shadow opinions (1)

Amendments (11)

ParlTrack - 2011-2024