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Activities of Ashley FOX related to 2013/0265(COD)

Plenary speeches (1)

2016/11/22
Dossiers: 2013/0265(COD)

Shadow reports (1)

2016/11/22
Committee: ECON
Dossiers: 2013/0265(COD)
Documents: PDF(385 KB) DOC(502 KB)

Amendments (24)

Proposal for a regulation
Recital 29

(29) The Honour all Cards Rule is a twofold obligation imposed by issuing payment services providers and payment card schemes on payees to, on the one hand, accept all the cards of the same brand (‘Honour all Products’ - element), irrespective of the different costs of these cards, and on the other hand irrespective of the individual issuing bank which has issued the card (‘Honour all Issuers’ – element). It is in the interest of the consumer that for the same category of cards the payee cannot discriminate between issuers or cardholders, and payments schemes and payment service providers can impose such obligation on them. Therefore, although the ‘Honour all Issuers’ element of the Honour all Cards Rule is a justifiable rule within a payment card system, since it prevents that payees from discriminating between the individual banks which have issued a card, the ‘Honour all Products’ element is essentially a tying practice that has the effect of tying acceptance of low fee cards to acceptance of high fee cards. A removal of the ‘Honour all Products’ element of the Honour All Cards Rule would allow merchants to limit the choice of payment cards they offer to low(er) cost payment cards only, which would also benefit consumers through reduced merchants' costs. Merchants accepting debit cards would then not be forced also to accept credit cards, and those accepting credit cards would not be forced to accept commercial cards. However, to protect the consumer and his ability to use the payment cards as often as possible, merchants should be obliged to accept all cards that are subject to the same regulated interchange fee. Such a limitation would also result in a more competitive environment for cards with interchange fees not regulated under this Regulation, as merchants would gain more negotiating power as regards the conditions under which they accept such cards.deleted

2014/01/28
Committee: ECON

Proposal for a regulation
Recital 30

(30) ~~For the effective functioning of the limitations to the Honour All Cards Rule certain information is indispensable. First, p~~Payees should have the means to identify the different categories of cards. Therefore, the various categories should be identifiable ~~visibly and~~ electronically and for newly issued card based payment instruments also visibly on the device. Secondly, also the payer should be informed about the acceptance of his payment instrument(s) at a given point of sale. It is necessary that any limitation on the use of a given brand to be announced by the payee to the payer at the same time and under the same conditions as the information that a given brand is accepted.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 1 – paragraph 3 – point b

(b) cash withdrawals at automatic teller machines and cash disbursements at the counter of payment service providers' premises, and

2014/01/28
Committee: ECON

Proposal for a regulation
Article 2 – paragraph 1 – point 4

(4) ‘'debit card transaction’' means an card payment transaction ~~includ~~executed with ~~prepaid cards linked to a current or deposit access account to which a transaction is debit~~a debit card and debited on the payment account to which the card is linked in less than or 48 hours after the transaction has been ~~authorised/initiat~~cleared.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 2 – paragraph 1 – point 5

(5) ‘'credit card transaction’' means an card payment transaction ~~where the transaction is settl~~executed with a credit card and debited on the payment account to which the card is linked more than 48 hours after the transaction has been ~~authorised/initiat~~cleared;

2014/01/28
Committee: ECON

Proposal for a regulation
Article 2 – paragraph 1 – point 10

(10) ‘merchant service charge’ means a fee paid by the payee to the acquirer for e~~ach transaction comprising the interchange fee, the payment scheme and processing fee and the acquirer margin~~nabling the acceptance of card payments;

2014/01/28
Committee: ECON

Proposal for a regulation
Article 2 – paragraph 1 – point 17

(17) ‘card-based payment instrument’ means any payment instrument, including a card, mobile phone, computer or any other technological device containing the appropriate application, used by the payer to initiate a payment ~~order which in not a credit transfer or a direct debit as defined by Article 2 of Regulation (EU) No 260/2012.~~transaction to be processed as a card payment ;

2014/01/28
Committee: ECON

Proposal for a regulation
Article 2 – paragraph 1 – point 17 a (new)

(17a) 'payment card' means a set of codes and/or data, identifying a payment instrument, which are retained into a physical or non-physical device or procedure; ownership of the physical device or procedure is separated from the ownership of card data and/or code; the credentials to access the card can be separated from the card data and/or code;

2014/01/28
Committee: ECON

Proposal for a regulation
Article 3

Article 3 Interchange fees for cross-border consumer debit or credit card transactions 1. With effect from two months after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border debit card 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. 2. With effect from two months after the entry into force of this Regulation, payment services providers shall not offer or request for cross-border credit card 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.deleted

2014/01/28
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 1

1. With effect ~~from two~~one years after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than ~~0,2~~[XX] % of the value of the transaction for any debit card based transactions.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 4 – paragraph 2

2. With effect ~~from two~~one years after the entry into force of this Regulation, payment service providers shall not offer or request a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than ~~0,3~~[XX] % of the value of the transaction for any credit card based transactions.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 7 – paragraph 1

1. Payment card schemes and processing ~~ent~~activities shall be ~~independent in terms of legal form, organisation and decision making. They shall not discriminate in any way between their subsidiaries or shareholders on the one hand and users~~separated. Payment card schemes offering processing services shall not make the provision of any service they offer conditional in any way ofn the~~se schemes and o~~ acceptance by their contractual part~~ners on~~y of any other service they o~~ther hand and shall not in particular make~~ffer. They shall not present their pr~~ovision of any service they offer conditional in any way on the acceptance by their contractual party of any other service they offer~~ices for payment card scheme and processing activities in a bundled manner, and shall not operate cross-subsidies between those activities.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 7 – paragraph 2

2. P~~ayment card schem~~rocessing entities shall allow for the possibility that authorisation and clearing messages of single card transactions be separated and processed by different processing entities.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 7 – paragraph 3

3. Any territorial discrimination in processing rules operated by p~~ayment card schem~~rocessing entities shall be prohibited.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 7 – paragraph 4

4. PBy ...* [one year after the entry into force of this Regulation] processing entities within the Union shall ensure that their system is technically interoperable with other systems of processing entities within the Union through the use of standards developed by international or European standardisation bodies. In addition, processing entities shall not adopt or apply business rules that restrict interoperability with other processing entities within the Union.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 7 a (new)

Article 7a EBA shall, in close cooperation with the European Retail Payments Board, establish requirements to be complied with by payment systems, payment schemes and processing entities to ensure a fully open and competitive card processing market. Those requirements shall be issued by ...* [two years from the date of entry into force of this Regulation] and shall be updated on a regular basis, as appropriate.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 8

Article 8 Co-badging and choice of application 1. Any schemes rules and rules in licensing agreements that hinder or prevent an issuer from co-badging two or more different brands of payment instruments on a card, telecommunication, digital or IT device shall be prohibited. 2. Any difference in treatment of issuers or acquirers in schemes rules and rules in licensing agreements concerning co- badging on a card, telecommunication, digital or IT device shall be objectively justified and non-discriminatory. 3. Payment card schemes shall not impose reporting requirements, obligations to pay fees or other obligations with the same object or effect on card issuing and acquiring payment services providers for transactions carried out with any device on which their brand is present in relation to transactions for which their scheme is not used. 4. Any routing principles aimed at directing transactions through a specific channel or process and other technical and security standards and requirements with respect to the handling of more than one payment card brand on a card, telecommunication, digital or IT device shall be non-discriminatory and shall be applied in a non-discriminatory manner. 5. Where a payment device offers the choice between different brands of payment instruments, the brand applied to the payment transaction at issue shall be determined by the payer at the point of sale. 6. Payment card schemes, issuers, acquirers and payment card handling infrastructure providers shall not insert automatic mechanisms, software or devices on the payment instrument or at equipment applied at the point of sale which limit the choice of application by the payer when using a co-badged payment instrument.deleted

2014/01/28
Committee: ECON

Proposal for a regulation
Article 10 – title

~~Honour All Card rules~~Electronic Identification

2014/01/28
Committee: ECON

Proposal for a regulation
Article 10 – paragraph 1

1. Payment schemes and payment service providers shall not apply any rule that may oblige payees accepting cards and other payment instruments issued by one issuing payment service provider within the framework of a payment instruments scheme to also accept other payment instruments of the same brand and/or category issued by other issuing payment service providers within the framework of the same scheme, except if they are subject to the same regulated interchange fee.deleted

2014/01/28
Committee: ECON

Proposal for a regulation
Article 10 – paragraph 2

2. The restriction of Honour all card rules referred to in paragraph 1 is without prejudice to the possibility for payments schemes and payment service providers to provide that certain cards may not be refused on the basis of the identity of the issuing payment service provider or of the cardholder.deleted

2014/01/28
Committee: ECON

Proposal for a regulation
Article 10 – paragraph 3

3. Merchants deciding not to accept all cards or other payment instruments of a payment card scheme shall inform consumers in a clear and unequivocal manner at the same time as they inform the consumer on the acceptance of other cards and payment instruments of the scheme. That information shall be displayed prominently at the entrance of the shop, at the till or on the website or other applicable electronic or mobile medium, and shall be provided to the payer in good time before he enters into a purchase agreement with the payee.deleted

2014/01/28
Committee: ECON

Proposal for a regulation
Article 10 – paragraph 4

4. IBy ...* [one year after the entry into force of this Regulation] issuing payment service providers shall ensure that their payment instruments are ~~visib~~electronically, and ~~electronical~~their newly issued card-based payment instruments also visibly identifiable, enabling payees to identify unequivocally which brands and categories of prepaid, debit, credit or commercial cards or card based payments based on these are chosen by the payer.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 16 – paragraph 1

~~Four~~Two years after the entry into force of this Regulation, the Commission shall present to the European Parliament and to the Council a report on the application of this Regulation. The Commission's report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges and the levels of merchant pass-through of the reduction in interchange levels, taking into account inter alia the use and cost of the various means of payments ~~and~~, the level of entry of new players and new technology on the market and the impact on consumers and merchants.

2014/01/28
Committee: ECON

Proposal for a regulation
Article 17 – paragraph 1

This Regulation shall enter into force ~~on the twentieth day~~three months following thate day of its publication in the Official Journal of the European Union.

2014/01/28
Committee: ECON