14 Amendments of Sławomir NITRAS related to 2013/0265(COD)
Amendment 68 #
Proposal for a regulation
Recital 23
Recital 23
(23) It is important to ensure that the provisions concerning the interchange fees to be paid or received by payment service providers are not circumvented by alternative flows of fees to issuing payment services providers. To avoid this, the "net compensation" of fees paid and received by the issuing payment service provider from a payment card scheme should be considered as the interchange fee. When calculating the interchange fee, for the purpose of checking whether circumvention is taking place the total amount of payments or incentives received by an issuing payment services provider from a payment card scheme with respect to the regulated transactions less the fees paid by the issuing payment services provider to the scheme should be taken into account. Payments, incentives and fees considered could be direct (i.e. volume- based or transaction-specific) or indirect (including marketing incentives, bonuses, rebates for meeting certain transaction volumes). In checking whether circumvention of the provisions of the regulation regulating the maximum amount of interchange fees is taking place, card issuers' profits resulting from special programmes carried out jointly by payment card issuers and payment card schemes and revenue from processing, licensing and other fees providing revenue to card organisations should, in particular, be taken into account.
Amendment 71 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Member States should retain the possibility of waiving application of the rule requiring strict and total separation of payment card schemes and processing entities for newly established card schemes. Applying this rule to new schemes would impose high business costs on them from the outset which are disproportionate to their market position in relation to existing major card schemes. Preferences for newly established card organisations should help to promote competition in the non- cash payments market more effectively.
Amendment 110 #
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) 'issuer' means a payment service provider contracting directly or indirectly with a payer to initiate, process and settle the payer’s payment transactions, where the provider makes funds available to the payer through the use of a card as a payment instrument;
Amendment 111 #
Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)
Article 2 – paragraph 1 – point 3 a (new)
(3a) ‘payment card’ means a card (debit or credit) authorising cash payments to be made or enabling payment orders to be submitted through a merchant or an acquirer, and which the merchant accepts for the purpose of receiving the funds owed to him;
Amendment 114 #
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) 'debit card transaction' means an card payment transaction included with prepaid cards linked to a current or deposit access account to which a transaction is debited in less than or 48 hours after the transaction has been authorised/initiatedand using funds previously deposited in the account.
Amendment 122 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) 'credit card transaction' means an card payment transaction where the transaction is settled more than 48 hours after the transaction has been authorised/initiatedfunds used have previously been made available by the payment card issuer in the form of credit;
Amendment 129 #
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) 'commercial card' means any payment cards issued to undertakings or public sector entities that are limited in use for business expenses of employees or civil servants or payment cards issued to self- employed natural persons engaged in a business activity that are limited in use for business expenwhere the issuing of the card by the payment card issuer is linked to the payment card usesr of those self-employed natural persons or their employeesr another person obtaining additional economic benefits, in particular, insurance, rebates or bonuses, which increase the costs of processing a transaction carried out with the commercial card;
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
(8) 'cross-border payment transaction' means a card payment or card-based payment transaction initiated by a payer or by a payee where the payer’s payment service provider and the payee’s payment service provider are established in different Member States or where the payment card is issued by an issuing payment service provider established in a different Member State than that of the point of sale;
Amendment 147 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15 a (new)
Article 2 – paragraph 1 – point 15 a (new)
(15a) ‘newly established payment card scheme’ means a card scheme established no more than two years from the submission of an application for exemption from the relevant provisions of Article 7;
Amendment 171 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. With effect from two monthyears after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border debit card- based transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,2 % of the value of the transaction.
Amendment 182 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. With effect from two monthyears after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border credit card- based transactions a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than 0,3 % of the value of the transaction.
Amendment 187 #
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Any provisions in contracts or other types of agreement which rule out the applicability of paragraphs 2 or 3, or which include interchange fees higher than those provided for in paragraphs 1 or 2, shall not be permitted. In the event that a contract or other type of agreement rules out the application of paragraphs 1 or 2, or the setting of an interchange fee in a contract or other type of agreement that is higher than those provided for in paragraphs 1 or 2, the maximum rate provided for in paragraphs 1 or 2 shall be applied.
Amendment 226 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Any provisions in contracts or other types of agreement which rule out the applicability of paragraphs 1 or 2, or which include interchange fees higher than those provided for in paragraphs 1 or 2, shall not be permitted. In the event that a contract or other type of agreement rules out the application of paragraphs 1 or 2, or the setting of an interchange fee in a contract or other type of agreement that is higher than those provided for in paragraphs 1 or 2, the maximum rate provided for in paragraphs 1 or 2 shall be applied.
Amendment 250 #
Proposal for a regulation
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall have the possibility of temporarily exempting newly established card systems – in part or in full – from the application of the provisions of Article 7. This exemption may last for a maximum of seven years.