Activities of Diogo FEIO related to 2013/0264(COD)
Plenary speeches (1)
Payment services in the internal market (A7-0169/2014 - Diogo Feio) (vote)
Reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on payment services in the internal market and amending Directives 2002/65/EC, 2013/36/EU and 2009/110/EC and repealing Directive 2007/64/EC PDF (661 KB) DOC (792 KB)
Amendments (39)
Amendment 127 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The Single Euro Payments Area (‘SEPA’) will reach a major milestone in 2014 with the migration of national credit transfers and direct debits in euro to SEPA-compliant credit transfers and direct debits. The construction of an integrated, competitive, innovative and level-playing field market for euro retail payments in the Euro area should be continued to achieve a true Single Market for payment services in Europe. This ongoing construction should be sustained by strengthened governance under the chairmanship of the European Central Bank. The announcement by the ECB of the creation of the Euro Retail Payments Board (ERPB), successor of the SEPA Council, should contribute to and facilitate reaching this objective. The composition of the ERPB, taking into account a better balance of interest of the supply and the demand side of the payment market should ensure effective advice as regards the orientation of the SEPA project in the future and potential obstacles towards its achievement, ways to address them and ways to foster innovation, competition and integration in retail payments in euro in the EU. The Commission participation as an observer should be envisaged in order to ensure that the tasks, composition and functioning of the ERPB contribute to the promotion of the SEPA project.
Amendment 134 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) For consumers to understand their rights and obligations under this Directive, they need to be informed in a clear and accessible way. Within two years after the entering into force of the Directive, the European Commission should therefore produce a consumer friendly electronic leaflet listing in a clear and easy to understand manner the rights and obligations of consumers under this Directive and related Union law on payment services. The information will be made available on the websites of the Commission, EBA and national banking regulators. The Member States shall ensure that payment services providers will make the leaflet in its original format available, free of charge, to all their existing and new clients electronically on their websites and on paper at their branches, their agents and the entities to which their activities are outsourced.
Amendment 146 #
Proposal for a directive
Recital 12
Recital 12
(12) Feedback from the market shows that the payment activities covered by the limited network exception often comprise massive payment volumes and values and offer to consumers hundreds or thousands of different products and services, which does not fit the purpose of the limited network exemption as provided for in Directive 2007/64/EC. That implies greater risks and no legal protection for payment service users, in particular for consumers and clear disadvantages for regulated market actors. A more precise description of a limited network, in line with Directive 2009/110/EC, is necessary in order to limit those risks. A payment instrument should thus be considered to be used within such a limited network if it can be used only either for the purchase of goods and services inwith a specific store or chain of storesretailer or retail chain, or for a limited range of goods or services, regardless of the geographical location of the point of sale. Such instruments could include store cards, petrol cards, membership cards, public transport cards, meal vouchers or vouchers for specific services, which are sometimes subject to a specific tax or labour legal framework designed to promote the use of such instruments to meet the objectives laid down in social legislation. Where such a specific-purpose instrument develops into a general purpose instrument, the exemption from the scope of this Directive should no longer apply. Instruments which can be used for purchases in stores of listed merchants should not be exempted from the scope of this Directive as such instruments are typically designed for a network of service providers which is continuously growing. The exemption should apply in combination with the obligation of potential payment service providers to notify activities falling within the scope of the definition of a limited network.
Amendment 159 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
Amendment 210 #
Proposal for a directive
Recital 80
Recital 80
(80) In order to ensure consistent application of this Directive, the Commission should be able to rely on the expertise and support of EBA, which should have the task to elaborate guidelines and prepare regulatory technical standards on security aspects regarding payment services, and on the cooperation between Member States in the context of the provision of services and establishment of authorised payment institutions in other Member States. Where the guidelines and standards concern security aspects of payments, the EBA shall also take account of the recommendations adopted by the European Forum on the Security of Retail Payments (SecurePay Forum) regarding security of internet payments and payment account access services. The Commission should be empowered to adopt those regulatory technical standards. These specific tasks are fully in line with the role and responsibilities of EBA defined in Regulation (EU) No 1093/2010, under which the EBA has been set up.
Amendment 222 #
Proposal for a directive
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) payment transactions consisting of the non- professionalit cash collection and delivery within the framework of a non- profit or charitable activity;
Amendment 230 #
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) services based on specific instruments that are designed to address precise needs that can be used only in a limited way, because they allow the specific instrument holder to acquire goods or services of only in in the premises of thone issuer or within a limited network of service providers under direct commercial agreement with a professional issuer or because they can be used only to acquire a limited range of goods or services;
Amendment 242 #
Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(na) ‘personalised security credentials’ means information used for the validation of the identity of a natural or legal person
Amendment 265 #
Proposal for a directive
Article 4 – paragraph 1 – point 32
Article 4 – paragraph 1 – point 32
32. ‘payment initiation service’ means a payment service enabling access to a payment account provided by a third party payment service provider, where the payer can be actively involved in the payment initiation or the third party payment service provider’s software, or where payment instruments can be used by the payer or the payee to transmit the payer’s credentials to the account servicingservice provided by a third party payment service provider to initiate a payment order, upon request by the payer, with respect to a payment account held at another payment service provider;.
Amendment 269 #
Proposal for a directive
Article 4 – paragraph 1 – point 33
Article 4 – paragraph 1 – point 33
33. ‘account information service’ means a payment service where consolidated and user-friendly information isservice provided by a third party payment service providedr to a payment serprovicde userconsolidated information on one or several payment accounts held by the payment service user with one or several account servicingother payment service providers;
Amendment 275 #
Proposal for a directive
Article 4 – paragraph 1 – point 38 a (new)
Article 4 – paragraph 1 – point 38 a (new)
38a. ‘credit card transaction’ means a card payment transaction where the transaction is settled more than 2 working days after the transaction has been cleared;
Amendment 284 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The Member States or competent authorities shall require a payment institution which provides any of the payment services and, insofar as it at the same time is engaged in other business activities referred tolisted in Annex I, including those listed in Article 17(1)(c) to safeguard all funds which have been received from the payment service users or through another payment service provider for the execution of payment transactions, in either of the following ways:
Amendment 310 #
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1 – point b a (new)
Article 29 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) payment systems where a sole payment service provider (whether as a single entity or as a group): - acts or can act as the payment service provider for both the payer and the payee and is exclusively responsible for the management of the system, and - licenses other payment service providers to participate in the system and the latter have no right to negotiate fees between or amongst themselves in relation to the system although they may establish their own pricing in relation to payers and payees.
Amendment 321 #
Proposal for a directive
Article 37 – paragraph 2 a (new)
Article 37 – paragraph 2 a (new)
2a. Member States shall require that, where a payment order is initiated by a third party payment service provider, it makes available to the payment service user the information and conditions referred to in Article 38. The information and conditions shall be given in a clear and understandable form and in an official language of the Member State where the payment service is offered or in any other language agreed between the parties.
Amendment 326 #
Proposal for a directive
Article 39 – paragraph 1 – point d
Article 39 – paragraph 1 – point d
(d) where applicable, the amount of any charges for the paymentpayable to the third party payment service provider for the transaction and, where applicable, a breakdown thereof.
Amendment 331 #
Proposal for a directive
Article 41 – paragraph 1 – introductory part
Article 41 – paragraph 1 – introductory part
Immediately after receipt of the payment order, the payer’saccount servicing payment service provider shall provide or make available to the payer, in the same way as provided for in Article 37(1), the following data with regard to its own services:
Amendment 385 #
Proposal for a directive
Article 57 – paragraph 2 – subparagraph 1
Article 57 – paragraph 2 – subparagraph 1
Consent to execute a payment transaction or a series of payment transactions (including direct debit) shall be given in the form agreed between the payer and the payment service provider. Consent may also be given directly or indirectly via the payee. Consent to execute a payment transaction shall also be considered given where the payer authorises a third party payment service provider to initiate the payment transaction with the account servicing payment service provider.
Amendment 386 #
Proposal for a directive
Article 57 – paragraph 3
Article 57 – paragraph 3
3. Consent may be withdrawn by the payer at any time, but no later than the point in time of irrevocability under Article 71. Consent to execute a series of payment transactions (including direct debit) may also be withdrawn with the effect that any future payment transaction is to be considered as unauthorised.
Amendment 388 #
Proposal for a directive
Article 58 – title
Article 58 – title
Access to and use of payment account information by third party payment service provider and by third party payment instrument issuers
Amendment 389 #
Proposal for a directive
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Member States shall ensure that a payer, provided that he holds a payment account that can be accessed via online banking, has the right to make use of a third party payment service provider, to obtain payment services enabling access to payment accounts as referred to in point (7) of Annex I. Member States shall ensure that a payer has the right to make use of a third party payment instrument issuer to obtain payment card services.
Amendment 392 #
Proposal for a directive
Article 58 – paragraph 1 a (new)
Article 58 – paragraph 1 a (new)
Amendment 393 #
Proposal for a directive
Article 58 – paragraph 1 b (new)
Article 58 – paragraph 1 b (new)
1b. Payees who offer to payers the option of making use of third party payment service providers or third party payment instrument issuers shall unambiguously provide to payers information about such third party payment service provider(s), including their registration number and the name of their responsible supervisory authority.
Amendment 400 #
Proposal for a directive
Article 58 – paragraph 2 – point a a (new)
Article 58 – paragraph 2 – point a a (new)
(aa) when communicating with the account servicing payment service provider, to authenticate itself in an unequivocal manner;
Amendment 406 #
Proposal for a directive
Article 58 – paragraph 2 – point c
Article 58 – paragraph 2 – point c
(c) not to store sensitive payment data or personalised security credentials of the payment service user and not use any such data for purposes other than those explicitly requested by the payer.
Amendment 416 #
Proposal for a directive
Article 58 – paragraph 3 a (new)
Article 58 – paragraph 3 a (new)
3a. If the payer has given consent to a third party payment instrument issuer which has provided the payer with a payment instrument to obtain information on the availability of sufficient funds for a specified payment transaction on a specified payment account held by the payer, the account servicing payment service provider of the specified payment account shall provide such information to the third party payment instrument issuer immediately upon receipt of the payer's payment order.
Amendment 419 #
Proposal for a directive
Article 58 – paragraph 4
Article 58 – paragraph 4
4. Account servicing payment service providers shall treat payment orders transmitted through the services of a third party payment service provider or by a third party payment instrument issuer without any discrimination for other than objective reasons in particular in terms of timing and priority vis- à-vis payment orders transmitted directly by the payer himself.
Amendment 421 #
Proposal for a directive
Article 58 a (new)
Article 58 a (new)
Amendment 422 #
Proposal for a directive
Article 59
Article 59
Access to and use of payment account information by third party payment instrument issuers 1. Member States shall ensure that a payer has the right to make use of a third party payment instrument issuer to obtain payment card services. 2. If the payer has given consent to a third party payment instrument issuer which has provided the payer with a payment instrument to obtain information on the availability of sufficient funds for a specified payment transaction on a specified payment account held by the payer, the account servicing payment service provider of the specified payment account shall provide such information to the third party payment instrument issuer immediately upon receipt of the payer's payment order. 3. Account servicing payment service providers shall treat payment orders transmitted through the services of a third party payment instrument issuer without any discrimination for other than objective reasons in terms of timing and priority in respect of payment orders transmitted directly by the payer personally.rticle 59 deleted
Amendment 443 #
Proposal for a directive
Article 63 – paragraph 2
Article 63 – paragraph 2
2. Where the payment service user has chosen to make use of a third party payment service provider is involved, the payment service user shall also obtain rectification from the account servicing payment service provider pursuant to paragraph 1 of this Articleinform the latter and notify the account servicing payment service provider. It is for the account servicing payment service provider to rectify, unless it can demonstrate that the responsibility lies with either the payment service user or the third party payment service provider, without prejudice to Articles 65(2) and 80(1).
Amendment 445 #
Proposal for a directive
Article 63 – paragraph 2 a (new)
Article 63 – paragraph 2 a (new)
2a. The payment service user shall report to its account servicing payment service provider any incident that affects the former in the context of its use of a third party payment service provider or third party payment instrument issuer. The account servicing payment service provider shall notify the national competent authorities of any incidents that occur. National competent authorities shall than follow the procedures set by EBA, in close cooperation with the ECB, as lay down in Article 85.
Amendment 460 #
Proposal for a directive
Article 65 – paragraph 2
Article 65 – paragraph 2
2. Where a third party payment service provider is involved, the account servicing payment service provider shall refund the amount of the unauthorised payment transaction and, where applicable, restore the debited payment account to the state in which it would have been had the unauthorised payment transaction not taken place. Financial compensation to the account servicing payment service provider by the third party payment service provider may be applicableOnce it is established that the third party payment service provider is liable for the unauthorised payment transaction, the third party payment service provider shall, within one business day, compensate the account servicing payment service provider for reasonable costs incurred as a result of the refund to the payer, including the amount of the unauthorised payment transaction.
Amendment 494 #
Proposal for a directive
Article 67 – paragraph 1 – subparagraph 4
Article 67 – paragraph 1 – subparagraph 4
For direct debits the payer has an unconditional right for refund within the time limits set in Article 68, except where the payee has already fulfilled the contractual obligations and the services have already been received or the goods have already been consumed by the payer. At the payment service provider's request, the payee shall bear the burden to prove that the conditions referred to in the third subparagraph. Member States may limit the right for refund for fixed amount direct debits schemes for certain categories of goods or services. The EBA, in close cooperation with the European Retail Payments Board, shall develop guidelines on the types of goods and services that may be made subject to such fixed amount direct debit scheme with a limitation or exclusion of the refund right.
Amendment 538 #
Proposal for a directive
Article 85 – paragraph 2 a (new)
Article 85 – paragraph 2 a (new)
2a. Upon the receipt of the notification, the competent authority in the home Member State shall, without undue delay, provide the relevant details of the incident with EBA.
Amendment 539 #
Proposal for a directive
Article 85 – paragraph 3
Article 85 – paragraph 3
3. Upon receipt of the notification, and where relevant, EBA shall EBA shall, in co-operation with the competent authority in the home Member State, assess the relevance of the incident, and, based on that assessment, notify the competent authorities in the other Member States.
Amendment 541 #
Proposal for a directive
Article 85 – paragraph 3 a (new)
Article 85 – paragraph 3 a (new)
3a. The national competent authority shall act preventively, if necessary, and in order to protect the immediate safety of the financial system.
Amendment 543 #
Proposal for a directive
Article 85 – paragraph 4 a (new)
Article 85 – paragraph 4 a (new)
4a. EBA shall in close cooperation with the ECB develop guidelines specifying the framework for the notification of NIS incidents referred in the above paragraphs. The guidelines shall specify the scope and treatment of information to be submitted, including the criteria of relevance of incidents and standard notification templates to ensure a consistent and efficient notification process.
Amendment 555 #
Proposal for a directive
Article 86 – paragraph 4 a (new)
Article 86 – paragraph 4 a (new)
4a. EBA shall co-ordinate the sharing of information in the area of operational and security risks associated with payment services with the competent authorities the ECB, the competent authorities under the [NIS] Directive, and, where relevant, with ENISA.
Amendment 585 #
Proposal for a directive
Article 94 a (new)
Article 94 a (new)
Article 94a Common and Secure Open Standards of Communication 1.. The Common and Secure Open Standards of Communication shall be defined by the EBA, in close cooperation with the ECB, within 12 months of entry into force of this Directive [OJ please insert date], and include technical and functional specifications for transmitting a payment order between the account servicing payment service provider and the third party payment service provider. 2. The EBA, in close cooperation with the ECB, shall ensure appropriate consultation of all stakeholders in the payment services market. 3. Member States shall ensure that payment service providers shall offer once available, Common and Secure Open Standards of Communication for third party payment service on access to payment accounts. 4. This Article shall not preclude the application of other obligations laid down in this Directive.
Amendment 588 #
Proposal for a directive
Article 100 a (new)
Article 100 a (new)