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Activities of Sławomir NITRAS related to 2013/0024(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2013/0024(COD)

Shadow reports (1)

2016/11/22
Committee: ECONLIBE
Dossiers: 2013/0024(COD)
Documents: PDF(429 KB) DOC(570 KB)

Amendments (23)

Sławomir NITRAS

Proposal for a regulation
Recital 10

(10) In order not to impair the efficiency of payment systems, the verification requirements for transfers of funds made from an account should be separate from those for transfers of funds not made from an account. In order to balance the risk of driving transactions underground by imposing overly strict identification requirements against the potential terrorist threat posed by small transfers of funds, the obligation to check whether the information on the payer is accurate should, in the case of transfers of funds not made from an account, be imposed only in respect of individual transfers of funds that exceed EUR 1 000. For transfers of funds made from an account, payment service providers should not be required to verify information on the payer accompanying each transfer of funds, where the obligations under Directive [xxxx/yyyy] have been met.deleted

2013/07/24
Committee: ECON

Sławomir NITRAS

Proposal for a regulation
Recital 10

(10) In order not to impair the efficiency of payment systems, the verification requirements for transfers of funds made from an account should be separate from those for transfers of funds not made from an account. In order to balance the risk of driving transactions underground by imposing overly strict identification requirements against the potential terrorist threat posed by small transfers of funds, the obligation to check whether the information on the payer is accurate should, in the case of transfers of funds not made from an account, be imposed only in respect of individual transfers of funds that exceed EUR 1 000,. For transfers of funds made from an account, payment service providers should not be required to verify information on the payer accompanying each transfer of funds, where the obligations under Directive [xxxx/yyyy] have been met.deleted

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Recital 20 a (new)

(20a) Member States should create additional protection mechanisms for people who uncover fraud, thereby helping the national authorities to achieve the goals of the Regulation. Those mechanisms should be reflected in appropriate provisions in criminal, civil and labour law in the form of improved guarantees for people who uncover such illegal activities in the public interest and as a result may be stigmatised within the institution concerned.

2013/07/24
Committee: ECON

Sławomir NITRAS

Proposal for a regulation
Article 2 – paragraph 1 – point 7

(7) ‘transfer of funds’ means any transaction carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, in particular ‘money remittance services’ and ‘direct debit’ within the meaning of Directive 2007/64/EC, irrespective of whether the payer and the payee are the same person;

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1 – introductory part

This Regulation shall not apply to transfers of funds carried out using a credit or debit card, or a mobile telephone or any other digital or information technology (IT) device defined in Directive 2013/0264, where the following conditions are fulfilled:

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Article 2 – paragraph 1 – point 7

(7) ‘transfer of funds’ means any transaction carried out by electronic means on behalf of a payer through a payment service provider, with a view to making funds available to a payee through a payment service provider, in particular ‘money remittance services’ and ‘direct debit’ within the meaning of Directive 2007/64/EC, irrespective of whether the payer and the payee are the same person;

2013/07/24
Committee: ECON

Sławomir NITRAS

Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 2

However, this Regulation shall apply when a credit or debit card, or a mobile telephone, or any other digital or IT device is used in order to effect a person-to-person transfer of funds. The Regulation shall also apply in every case to transactions in which at least one party to the transaction is a consumer.

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Article 4 – paragraph 5

5. However, by way of derogation from paragraph 3, in the case of transfers of funds not made from an account, the payment service provider of the payer shall not verify the information referred to in paragraph 1 if the amount does not exceed EUR 1 000 and it does not appear to be linked to other transfers of funds which, together with the transfer in question, exceed EUR 1 000.deleted

2013/07/24
Committee: ECON

Sławomir NITRAS

Proposal for a regulation
Article 4 – paragraph 5

5. However, by way of derogation from paragraph 3, in the case of transfers of funds not made from an account, the payment service provider of the payer shall not verify the information referred to in paragraph 1 if the amount does not exceed EUR 1 000 and it does not appear to be linked to other transfers of funds which, together with the transfer in question, exceed EUR 1 000.deleted

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Article 5 – paragraph 1

1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union, only the full name of the principal and the account number of the payer or his unique transaction identifier shall be provided at the time of the transfer of funds.

2013/07/24
Committee: ECON

Sławomir NITRAS

Proposal for a regulation
Article 5 – paragraph 1 a (new)

1a. A derogation from paragraph 1 shall only be applicable in the case of a transfer of funds in the currency of one of the Member States.

2013/07/24
Committee: ECON

Sławomir NITRAS

Proposal for a regulation
Article 5 – paragraph 1

1. By way of derogation from Article 4(1) and (2), where the payment service provider(s) of both the payer and the payee are established in the Union, only the full name of the principal and the account number of the payer or his unique transaction identifier shall be provided at the time of the transfer of funds.

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Article 5 – paragraph 1 a (new)

1a. A derogation from paragraph 1 shall only be applicable in the case of a transfer of funds in the currency of one of the Member States.

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1

By way of derogation from Article 4(1) and (2), where the payment service provider of the payee is established outside the Union, transfers of funds amounting to EUR 1 000 or less shall be accompanied only by: (a) the name of the payer; (b) the name of the payee; (c) the account number of both the payer and the payee or the unique transaction identifier.deleted

2013/07/24
Committee: ECON

Sławomir NITRAS

Proposal for a regulation
Article 6 – paragraph 2

2. By way of derogation from Article 4(1) and (2), where the payment service provider of the payee is established outside the Union, transfers of funds amounting to EUR 1 000 or less shall be accompanied only by: (a) the name of the payer; (b) the name of the payee; (c) the account number of both the payer and the payee or the unique transaction identifier. This information need not be verified for accuracy, unless there is a suspicion of money laundering or terrorist financing.deleted

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Article 7 – paragraph 3

3. For transfers of funds ~~amounting to more than EUR 1 000,~~ where the payment service provider of the payer is established outside the Union, the payment service provider of the payee shall verify the identity of the payee if his or her identity has not already been verified.

2013/07/24
Committee: ECON

Sławomir NITRAS

Proposal for a regulation
Article 7 – paragraph 4

4. For transfers amounting to EUR 1 000 or less, where the payment service provider of the payer is established outside the Union, the payment service provider of the payee need not verify the information pertaining to the payee, unless there is a suspicion of money laundering or terrorist financing.deleted

2013/07/24
Committee: ECON

Sławomir NITRAS

Proposal for a regulation
Article 7 – paragraph 3

3. For transfers of funds ~~amounting to more than EUR 1 000,~~ where the payment service provider of the payer is established outside the Union, the payment service provider of the payee shall verify the identity of the payee if his or her identity has not already been verified.

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Article 7 – paragraph 4

4. For transfers amounting to EUR 1 000 or less, where the payment service provider of the payer is established outside the Union, the payment service provider of the payee need not verify the information pertaining to the payee, unless there is a suspicion of money laundering or terrorist financing.deleted

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Article 15 – paragraph 1

Payment service providers and intermediary payment service providers shall respond fully and without delay, in accordance with the procedural requirements established in the national law of the Member State in which they are established, to enquiries from the authorities responsible for combating money laundering or terrorist financing of that Member State concerning the information required under this Regulation.

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Article 18 – paragraph 1 – point a

(a) repeated non-inclusion by payment service providers of required information on the payer and payee, in breach of Articles 4, 5 and 6;

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Article 18 – paragraph 1 – point c a (new)

(ca) serious failure by intermediary payment service providers to comply with obligations under Articles 11 and 12;

2013/12/11
Committee: ECON LIBE

Sławomir NITRAS

Proposal for a regulation
Article 20 – paragraph 1 – point g a (new)

(ga) in the case of administrative sanctions imposed on credit institutions defined in accordance with Regulation 2011/0202, the stability of the financial system must be taken into account when determining the level of sanctions;

2013/12/11
Committee: ECON LIBE