71 Amendments of Sven GIEGOLD related to 2013/0139(COD)
Amendment 124 #
Proposal for a directive
Recital 5
Recital 5
(5) Moreover, significant barriers to the completion of the single market in the area of payment accounts may be created by the fragmentation of existing national regulatory frameworks. Existing provisions at national level with respect to payment accounts, and particularly with respect to the comparability of fees and payment account switching diverge. In order to complete the single market in the area of payment accounts, and make the EU an inclusive and modern digital space, it is crucial to dismantle national borders and incentivise public and private investments in SEPA. All consumers should be able to benefit from the SEPA advantages. For switching, the lack of uniform binding measures at EU level has led to divergent practices and measures at national level. These differences are even more marked in the area of comparability of fees, where no measures, even of a self-regulatory nature, exist at EU level. Should these differences become more significant in the future, as banks tend to tailor their practices to national markets, this would raise the cost of operating cross-border relative to the costs faced by domestic providers and therefore make the pursuit of business cross-border less attractive. Cross-border activity in the internal market is hampered by obstacles to consumers opening a payment account abroad. Existing restrictive eligibility criteria may prevent European citizens from moving freely within the Union. Providing all consumers with access to a payment account will permit their participation in the internal market and allow them to obtain the benefits of the single market.
Amendment 215 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Financial services are complex products and thus consumers shall be provided advice of quality. Moreover, competition in the payment service sector shall be promoted to foster innovation and achieve reasonable prices for consumers. Comparison websites for payment accounts can be a helpful device to achieve the objectives of competition and quality, if they take into account not only indicators which reflect prices, but also the ones revealing service quality. Against this backdrop, it is crucial to include indicators, such as the branch network of a payment service provider, in the range of indicators of comparison websites.
Amendment 216 #
Proposal for a directive
Recital 41 b (new)
Recital 41 b (new)
(41b) It is important not only that consumers awareness of the types of services and their costs is enhanced, but also that their choice of the bank with which they conduct their business, often the same one as with which the consumer has a payment account, is informed by information on the bank's overall financial strength. This will promote consumer pressure, one of the most powerful incentives for corporations to change, in addition to investor and supervisory pressure, for credit institutions to compete on institutional strength as well as cost and quality of service. To this end it is appropriate that the Commission assess the options available for introducing a Union-wide financial strength indicator for credit institutions, based on supervisory assessment of, inter alia, capital adequacy, assets quality, governance and risk management as well as earnings and liquidity strength and presented in a simple, easy to understand format, such as a traffic light system and aimed at providing consumers with such information as a complement to transparency on charges for payment accounts and other retail banking services;
Amendment 228 #
Proposal for a directive
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) 'services linked to the payment account' mean all services linked to a payment account, including payment services;
Amendment 233 #
Proposal for a directive
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘'fees’' means theall 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 accountfees, expenses and costs for services linked to the payment account, including penalties, interest rates for credit cards or overdraft facilities, if any, payable by the consumer to the payment service provider;
Amendment 238 #
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 one payment service provider to another within the European Union the information about all or some standing orders for credit transfers, recurring direct debits and recurring incoming credit transfers executed on a payment account, with or without transferring the positive account balance from one payment account to the other or closing the former account;
Amendment 244 #
Proposal for a directive
Article 3 – title
Article 3 – title
List of the most representativservices linked to the payment servicesaccount subject to a fee at national level and standardised terminology
Amendment 247 #
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 comprehensive provisional list of at least 20 payment services accounting for at least 80% of the most representativservices linked to the payment servicesaccount subject to a fee at national level. The list shall contain standardised terms and definitions for each of the services identified. Only one name shall apply to each service.
Amendment 257 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 270 #
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 linked to the payment account that are common to at least a majority of Member States. The EU standardised terminology will include common terms and definitions for the common services.
Amendment 276 #
Proposal for a directive
Article 3 – paragraph 5
Article 3 – paragraph 5
5. After the publication in the Official Journal of the European Union of the delegated acts referred to in paragraph 4, each Member State shall without delay integrate the EU standardised terminology adopted pursuant to paragraph 4 into the provisional list referred to in paragraph 1 and shall publish this list. Payment account service fees, which are included in this list may not be legally allowed in all member states. Whether a certain service fee is applicable in a member state shall be determined by the respective legal provisions of the member state.
Amendment 277 #
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 comprehensive fee information document containhighlighting the list of the most representative services referred to in paragraph 5 of Article 3 and the corresponding fees for each service. If the payment service provider modifies the fees, consumers shall be informed comprehensively and in written form about the changes.
Amendment 283 #
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 are not permitted to charge any fees not listed in the fee information document.
Amendment 288 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Where one or more payment services linked to a payment account 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 fee for any service that is not referred to in paragraph 1.
Amendment 306 #
Proposal for a directive
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The fee information document and the glossary shall be made available free of charge at all times by payment service providers on a durable medium at premises accessible to all consumers and shall be made available in, irrespective of whether they are already customers of the respective payment service provider and shall be made permanently available in easily accessible and consumer-friendly electronic form on their websites.
Amendment 317 #
Proposal for a directive
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. Payment service providers shall apply the aforementioned provisions within one year after the publication of the lists referred to in article 3 paragraph 5 and the implementing acts referred to in paragraph 7 of this article.
Amendment 321 #
Proposal for a directive
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7b. Consumer testing of the fee information documents and the glossaries shall be conducted in all Member States before their implementation in order to ensure that they are consumer-friendly.
Amendment 322 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that payment service providers provide the consumer, free of charge, with a statement of all fees incurred on their payment account at least annually. In case the customer uses an overdraft credit of more than 100 Euros, the payment service provider shall provide a monthly statement of fees.
Amendment 330 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Member States shall ensure that consumers are notified in writing when a payment service provider intends to modify any fees at least one calendar month in advance of their application;
Amendment 337 #
Proposal for a directive
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) the average balance and the total amount of interest earned during the relevant period;
Amendment 342 #
Proposal for a directive
Article 5 – paragraph 2 – point c b (new)
Article 5 – paragraph 2 – point c b (new)
(cb) the number of days the account was overdrawn, the interest rates applied and the total amount of interest paid during the relevant period;
Amendment 343 #
Proposal for a directive
Article 5 – paragraph 2 – point c c (new)
Article 5 – paragraph 2 – point c c (new)
(cc) a pre-notification regarding the fees which shall be charged in the following period as well as the fees which shall be charged unless the consumer takes steps, which shall be specified in the document, to avoid the fee;
Amendment 355 #
Proposal for a directive
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Consumer testing of the statements of fees shall be conducted in all Member States before their implementation order to ensure that the statements of fees are consumer-friendly.
Amendment 358 #
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 representativservices linked to the payment servicesaccount referred to in Article 3, paragraph 5.
Amendment 366 #
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. PIn the fee information document or the statement of fees payment service providers shall notonly use brand names in the fee information document or the statement of feeaddition to the corresponding term in the list referred to in Article 3, paragraph 5 and put these names in brackets.
Amendment 369 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that consumers have access to at least one website comparing at national level and in accordance with paragraphs 2 and 3. (a) fees charged by payment service providers for services offered on payment accounts, at national level in accordance with paragraphs 2 and 3. nd (b) determinants of the level of service provided by the payment service provider, including the number of branches and the number of automated teller machines. For both indicators, the numbers for the specific payment service provider and the respective network of payment service providers shall be provided, if applicable. Furthermore, information on how far away, from the comparison website user, the closest branch of the payment service provider is located shall be indicated.
Amendment 373 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that consumers have access to at least one website comparing fees charged by payment service providers for services offerlinked ton payment accounts at national level in accordance with paragraphs 2 and 3.
Amendment 374 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Member States shall establish a voluntacompulsory accreditation scheme for websites comparing fees charged by payment service providers for servicesthe elements for comparison as described in Article 7 (1) offered on payment accounts operated by private operators. In order to be granted accreditation, comparison websites operated by private operators shall:
Amendment 376 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) be operationlegally independent of any payment service provider;
Amendment 383 #
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) provide up-to-date, comprehensive, accurate and consumer-friendly information;
Amendment 385 #
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide a sufficiently broad overview of the payment accounts market, accepting requests for inclusion in the site by any payment service provider in the Member State concerned;
Amendment 389 #
Proposal for a directive
Article 7 – paragraph 5a (new)
Article 7 – paragraph 5a (new)
5a. Where payment service providers are charged for listing on such sites, the charges shall be non-discriminatory and published on the website;
Amendment 391 #
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
Amendment 396 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7 a Union portal for comparison websites 1. Member States shall notify the Commission and EBA of the comparison websites operating in accordance to Article 7(1) and (2). 2. The Commission, in cooperation with EBA, shall establish a publicly accessible Union portal for comparison websites at national level, including the ability to compare side by side payment accounts offered in different Member States. In order to complement that information, the Union portal shall provide to consumers a glossary containing the Union standardised terminology adopted in accordance with Article 3(4) and practical guidelines about cross-border switching of payment accounts.
Amendment 400 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that when a payment account isservices included in the payment account with basic features as defined in Article 16 are offered together with another services or products as part of a package, the payment service provider informs the consumer of whether it is possible to buy the payment accountin a timely manner prior to entering into a contract for a payment account with a consumer that it is possible to buy such services or products separately and provides separate information regarding the costs and fees associated with each of the products and serviceservices or products offered in the package.
Amendment 405 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 415 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall ensure that payment service providers provide a switching service as described in Article 10 to any consumer who holds a payment account with a payment service provider located in the Union. The provisions of Article 10 and 11 shall also apply to a bank account with basic features.
Amendment 424 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall ensure that payment services linked to the consumer´s current or future payment account are available throughout the whole switching process, Member States shall also ensure that the switching service is initiated by the receiving payment service provider and provided in accordance with the rules set out in paragraphs 2 to 7.
Amendment 434 #
Proposal for a directive
Article 10 – paragraph 3 – point -a (new)
Article 10 – paragraph 3 – point -a (new)
(-a) provide for automated redirection of the standing orders and direct debits to the account held by the consumer with the receiving payment service provider during a period of 13 months;
Amendment 445 #
Proposal for a directive
Article 10 – paragraph 3 – point d
Article 10 – paragraph 3 – point d
Amendment 463 #
Proposal for a directive
Article 10 – paragraph 4 – point b a (new)
Article 10 – paragraph 4 – point b a (new)
(ba) where relevant, inform the consumer about his rights in relation to SEPA direct debits provided for by Article 5(3)(d) of Regulation 260/2012/EC;
Amendment 499 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 a (new)
Article 11 – paragraph 3 – subparagraph 1 a (new)
Member States shall ensure that no fees are applied by the transferring payment service provider where the consumer has held the payment account for a period of at least 12 months prior to the receipt of the switching service request pursuant to Article 10(4).
Amendment 505 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that any financial loss incurred by the consumer resulting from the non-compliance of a payment service provider involved in the switching process with its obligations under Article 10 is refunded by that payment service provider within one business day of the non-compliance being established.
Amendment 512 #
Proposal for a directive
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
Amendment 515 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The information shall be provided free of charge on a durable medium at all branches of the payment service providers accessible to consumers and be available in easily accessible and consumer-friendly electronic form on their websites at all times.
Amendment 521 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall ensure that consumers legally resident or residing in the Union are not discriminated against by reason of their nationality or place of reside, financial situation and credit history or living circumstance when applying for or accessing a payment account within the Union.
Amendment 526 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least onell payment service provider in their territorys 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 533 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least onell payment service providers, which have branches or agencies 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.
Amendment 555 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that consumers legally resident in the Unionor residing in the Union and persons, whose expulsion is impossible for factual or legal reasons and who are not granted a residence permit, 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 an active and equivalent payment account in their territory. with access to all functions named in Article 16. For the verification, information provided by consumers about themselves has to be taken into account by the payment service provider. The payment service providers are not allowed to only base their verification on official data bases when the consumer plausibly challenges an existing entry in a database.
Amendment 558 #
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 toand has makde use of one or more the payment services listed in Article 17(1)6 within the previous 12 months. Moreover, consumers are not the owners of a payment account, if they can prove the submission of a cancellation of the current contract or if they have instructed the bank to provide a switching service according to Chapter III;
Amendment 566 #
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 are not satisfiedustomer due diligence conducted in accordance with Article 8 of Directive 2005/60 identifies a significant risk that the account will be used in contravention of Union law.
Amendment 586 #
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. The concrete reasons for the refusal have to be explicitly stated in this document. Furthermore, Member States shall ensure that consumers have to be informed about at least one free or low- priced legal advice or respective counselling service and the alternative dispute resolution body, which is available in the respective Member State. These provisions shall not apply, if such a disclosure would be contrary to the objectives of national security or public policy.
Amendment 592 #
Proposal for a directive
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Member States shall ensure that access to a payment account with basic features is not made conditional on the purchase of additional services or of shares of the Payment Service Provider.
Amendment 594 #
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 following payment services:
Amendment 609 #
Proposal for a directive
Article 16 – paragraph 1 – point c a (new)
Article 16 – paragraph 1 – point c a (new)
(ca) services enabling the use of ATM and bank terminals beyond the regular opening hours of the payment service provider;
Amendment 610 #
Proposal for a directive
Article 16 – paragraph 1 – point c b (new)
Article 16 – paragraph 1 – point c b (new)
(cb) monthly account statements.
Amendment 612 #
Proposal for a directive
Article 16 – paragraph 1 – point d – point 1
Article 16 – paragraph 1 – point d – point 1
(1) SEPA and non-Euro direct debit;
Amendment 616 #
Proposal for a directive
Article 16 – paragraph 1 – point d – point 2
Article 16 – paragraph 1 – point d – point 2
(2) SEPA and non-Euro payment transactions through a payment card, including online payments;
Amendment 618 #
Proposal for a directive
Article 16 – paragraph 1 – point d – point 2
Article 16 – paragraph 1 – point d – point 2
(2) payment transactions through a payment card, including and online payments;
Amendment 619 #
Proposal for a directive
Article 16 – paragraph 1 – point d – point 3
Article 16 – paragraph 1 – point d – point 3
(3) SEPA and non-Euro credit transfers.
Amendment 624 #
Proposal for a directive
Article 16 – paragraph 1 – point d a (new)
Article 16 – paragraph 1 – point d a (new)
(da) SEPA and non-Euro standing orders ;
Amendment 629 #
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 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 and shall be at least 15 per month.
Amendment 632 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
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 bank counter or online banking facilities, where available. Therefore, the Payment Service Provider shall provide a payment instrument to the consumer, which allows to initiate non-cash payments through the use of IBAN and an online banking key in plain writing and in an electronically readable form, if applicable.
Amendment 634 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Member States shall ensure that the consumer is not offered anymay have access to overdraft facilities in conjunction with the payment account with basic features. The conditions for accessing this facility shall be fully transparent and agreed upon by the Payment Service Provider and the consumer. The right to access the overdraft facility shall depend on the Payment Service Provider’s assessment of the consumer´s creditworthiness. The amount of the overdraft facility shall be limited to one monthly gross income of the account holder.
Amendment 639 #
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 which should in any case not be higher than the fees applied for payment services linked to the payment account model service, which the payment service provider sold to most of its customers.
Amendment 644 #
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. The consumer shall not be charged any fees in situations independent of his will, such as rejected recurrent payment due to late incoming payments.
Amendment 667 #
Proposal for a directive
Article 18 – paragraph 2 – point b
Article 18 – paragraph 2 – point b
(b) there has been no transaction on the account for more than 124 consecutive months; provided the consumer has given his consent;
Amendment 671 #
Proposal for a directive
Article 18 – paragraph 2 – point d
Article 18 – paragraph 2 – point d
(d) the consumer is no longer legally resident in the Unionor residing in the Union and does not fulfil the criteria of Article or has subsequently opened a second payment account in the Member State where he already holds a payment account with basic features.
Amendment 686 #
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. The burden of proof shall lie with the payment service provider. Furthermore, Member States shall ensure that consumers have to be informed about at least one free of charge or low-priced legal advice or counselling service and the alternative dispute resolution body, which is available in the respective Member State.
Amendment 702 #
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Member States shall ensure equal representation of providers, consumers and other users within the alternative dispute resolution bodies.
Amendment 721 #
Proposal for a directive
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1