27 Amendments of Peter SIMON related to 2013/0139(COD)
Amendment 282 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1a (new)
Article 4 – paragraph 1 – subparagraph 1a (new)
In the event of a change to the fees to be paid, payment service providers shall inform consumers of the reason for, and amount of, the change in writing.
Amendment 310 #
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 consumers and shall be made available in electronic form on their websites, where it must be easy to find.
Amendment 340 #
Proposal for a directive
Article 5 – paragraph 2 – point c a (new)
Article 5 – paragraph 2 – point c a (new)
(ca) the overdraft interest rate and the total amount of overdraft interest paid during the relevant period.
Amendment 378 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) be operationally independent of any payment service provider;
Amendment 384 #
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) provide up-to-date, accurate, reliable and consumer-friendly information;
Amendment 402 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that when a payment account is offered together with another service or product as part of a package, the payment service provider informs the consumer of whetherin an appropriate time prior to entering into a contract for a payment account that it is possible to buy the payment account separately and provides separate information regarding the costs and fees associated with each of the products and services offered in the package.
Amendment 432 #
Proposal for a directive
Article 10 – paragraph 3 – introductory part
Article 10 – paragraph 3 – introductory part
3. Within one businessa maximum of two bank working days from the receipt of the authorisation referred to in paragraph 2, the receiving payment service provider shall request the transferring payment service provider to carry out the following tasks:
Amendment 447 #
Proposal for a directive
Article 10 – paragraph 3 – point d
Article 10 – paragraph 3 – point d
(d) where the transferring payment service provider does not provide a system for automated redirection of the standing orders and direct debits to the account held by the consumer with the receiving payment service provider, cancel standing orders and stop accepting direct debits on the date specified in the authorisation, but at the earliest from the day of execution, which allows a lead time of five bank working days from receipt of the request by the transferring payment service provider;
Amendment 516 #
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 and easily findable in electronic form on their websites at all times.
Amendment 523 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall ensure that consumers legally resident in the Union are not discriminated against, in particular by reason of their nationality or place of residence when applying for or accessing a payment account within the Union.
Amendment 532 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that at least one payment service provider in their territorys who operate branches or establishments in the respective territory and whose product range includes, in principle, payment accounts with features as specified in Article 16, 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. Member States may exempt payment service providers operating on a non- profit basis, or requiring membership on defined criteria, such as profession, from the requirements set out in paragraph 1.
Amendment 541 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States may exempt payment service providers operating on a non- profit basis, or requiring membership on defined criteria, such as profession, from the requirements set out in paragraph 1.
Amendment 550 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that consumers legally resident in the Union and persons whose expulsion is impossible for reasons of fact or of law and who have no 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 a payment account in their territon active and equivalent payment account with access to all the features listed in Article 16 in their territory. Such verification shall take account of the information provided by the consumer. The payment service provider may not confine himself exclusively to information from credit bureaus where the consumer provides valid reasons for contradicting an existing entry.
Amendment 551 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that consumers legally resident in the Union and persons whose expulsion is not possible for reasons of fact or of law and who have not been issued with 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 a payment account in their territory.
Amendment 564 #
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 to make use of the payment services listed in Article 176(1);
Amendment 587 #
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 specific reasons for the refusal, in writing and free of charge, unless such disclosure would be contrary to the objectives of national security or public policy. The written notification shall include information for the consumer regarding possible channels of appeal or consultation services available to him should he wish to contest the refusal. If several channels of appeal or consultation services are available in a Member State, the notification shall inform him of at least one channel of appeal or consultation service available to him free of charge or at a reasonable fee.
Amendment 590 #
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. Consumers already holding a payment account in the corresponding Member State shall also be able to switch to a basic payment account using the switching service provided in Article 10.
Amendment 605 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) services enabling cash withdrawals within the Union from a payment account at branch offices and at cash dispensers both during and outside business hours;
Amendment 621 #
Proposal for a directive
Article 16 – paragraph 1 – point d – point 3
Article 16 – paragraph 1 – point d – point 3
(3) credit transfers and standing orders at bank branch terminals or branch offices and on the online banking system currently used by the bank concerned.
Amendment 643 #
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 reasonablenominal fee.
Amendment 648 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. In the cases where services indicated in Article 16 are not offered free of charge, Member States shall also ensure that competent authorities establish an upper limit for the total amount of the nominal fees charged in a year by a payment service provider to the consumer.
Amendment 659 #
Proposal for a directive
Article 18 – paragraph 2 – introductory part
Article 18 – paragraph 2 – introductory part
2. The payment service provider may unilaterally terminate a framework contract only where at least one of the following conditions is met:
Amendment 668 #
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;
Amendment 673 #
Proposal for a directive
Article 18 – paragraph 2 – point d
Article 18 – paragraph 2 – point d
(d) the consumer is no longer legally president 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.
Amendment 675 #
Proposal for a directive
Article 18 – paragraph 2 – point d a (new)
Article 18 – paragraph 2 – point d a (new)
(da) the actions of the consumer are such as to constitute a flagrantly unacceptable threat or disturbance to the staff or other clientele of the credit institution.
Amendment 693 #
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. Member States shall ensure that payment service providers actively 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 in writing and on their websites in easily accessible form. 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.
Amendment 716 #
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
Member States shall provide the Commission with information on the following matters for the first time within 3 years from entry into force of this Directive and every 2 yearsannually thereafter: