# C_2017408EN.01040501.xml

| 30.11.2017 | EN | Official Journal of the European Union | C 408/405 |
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30.11.2017

EN

Official Journal of the European Union

C 408/405

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P7_TA(2014)0279

Interchange fees for card-based payment transactions ***I

Amendments adopted by the European Parliament on 3 April 2014 on the proposal for a regulation of the European Parliament and of the Council on interchange fees for card-based payment transactions (COM(2013)0550 — C7-0241/2013 — 2013/0265(COD)) (1)

1

(Ordinary legislative procedure: first reading)

(2017/C 408/27)

Amendment 1

Amendment 1

Proposal for a regulation

Proposal for a regulation

Recital 7

Recital 7

| Text proposed by the Commission | Amendment |
| --- | --- |
| (7) | Preparation of legislation is under way in several Member States (21) to regulate interchange fees, covering a number of issues, including caps on interchange fees at various levels, merchant fees, the Honour All Cards rules or steering measures. The existing administrative decisions in some Member States vary significantly.
  In view of the harmfulness
  of interchange fees
  to retailers and consumers
  , a further introduction of regulatory measures at national level aimed at addressing the level or
  divergencies of
  these fees is anticipated. Such national measures would be likely to lead to significant barriers to the completion of the internal market in the area of cards, internet and mobile payments based on cards and would therefore hinder the freedom to provide services. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(7)

Preparation of legislation is under way in several Member States (21) to regulate interchange fees, covering a number of issues, including caps on interchange fees at various levels, merchant fees, the Honour All Cards rules or steering measures. The existing administrative decisions in some Member States vary significantly.
  In view of the harmfulness
  of interchange fees
  to retailers and consumers
  , a further introduction of regulatory measures at national level aimed at addressing the level or
  divergencies of
  these fees is anticipated. Such national measures would be likely to lead to significant barriers to the completion of the internal market in the area of cards, internet and mobile payments based on cards and would therefore hinder the freedom to provide services.

21

In view of the harmfulness

to retailers and consumers

divergencies of

| (7) | Preparation of legislation is under way
  or already completed
  in several Member States (21) to regulate interchange fees, covering a number of issues, including caps on interchange fees at various levels, merchant fees, the Honour All Cards rules or steering measures. The existing administrative decisions in some Member States vary significantly.
  To make the levels
  of interchange fees
  more consistent
  , a further introduction of regulatory measures at national level aimed at addressing the level
  of
  or
  divergences between
  these fees is anticipated. Such national measures would be likely to lead to significant barriers to the completion of the internal market in the area of cards, internet and mobile payments based on cards and would therefore hinder the freedom to provide services. |
| --- | --- |

(7)

Preparation of legislation is under way
  or already completed
  in several Member States (21) to regulate interchange fees, covering a number of issues, including caps on interchange fees at various levels, merchant fees, the Honour All Cards rules or steering measures. The existing administrative decisions in some Member States vary significantly.
  To make the levels
  of interchange fees
  more consistent
  , a further introduction of regulatory measures at national level aimed at addressing the level
  of
  or
  divergences between
  these fees is anticipated. Such national measures would be likely to lead to significant barriers to the completion of the internal market in the area of cards, internet and mobile payments based on cards and would therefore hinder the freedom to provide services.

or already completed

21

To make the levels

more consistent

of

divergences between

Amendment 2

Amendment 2

Proposal for a regulation

Proposal for a regulation

Recital 8

Recital 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (8) | Payment cards are the most frequently used electronic payment instrument for retail purchases. However, integration of the Union payment card market is far from complete as many payment solutions cannot develop beyond their national borders or new pan-Union providers are prevented from entering the market.
  The lack of market integration currently results in higher prices and less choice in payment services for consumers and retailers, and more limited opportunities
  to take advantage of the internal market. There is
  therefore
  a need to remove obstacles to the
  efficient functioning of the card market,
  including mobile and internet payments that are based on card transactions
  which still pose barriers to the deployment of a fully integrated market
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(8)

Payment cards are the most frequently used electronic payment instrument for retail purchases. However, integration of the Union payment card market is far from complete as many payment solutions cannot develop beyond their national borders or new pan-Union providers are prevented from entering the market.
  The lack of market integration currently results in higher prices and less choice in payment services for consumers and retailers, and more limited opportunities
  to take advantage of the internal market. There is
  therefore
  a need to remove obstacles to the
  efficient functioning of the card market,
  including mobile and internet payments that are based on card transactions
  which still pose barriers to the deployment of a fully integrated market
  .

The lack of market integration currently results in higher prices and less choice in payment services for consumers and retailers, and more limited opportunities

therefore

efficient functioning of the card market,

which still pose barriers to the deployment of a fully integrated market

| (8) | Payment cards are the most frequently used electronic payment instrument for retail purchases. However, integration of the Union payment card market is far from complete as many payment solutions cannot develop beyond their national borders or new pan-Union providers are prevented from entering the market. To take
  full
  advantage of the internal market, there is a need to remove obstacles to the
  integration of new card-payment options
  , including mobile and internet payments that are based on card transactions. |
| --- | --- |

(8)

Payment cards are the most frequently used electronic payment instrument for retail purchases. However, integration of the Union payment card market is far from complete as many payment solutions cannot develop beyond their national borders or new pan-Union providers are prevented from entering the market. To take
  full
  advantage of the internal market, there is a need to remove obstacles to the
  integration of new card-payment options
  , including mobile and internet payments that are based on card transactions.

full

integration of new card-payment options

Amendment 3

Amendment 3

Proposal for a regulation

Proposal for a regulation

Recital 9

Recital 9

| Text proposed by the Commission | Amendment |
| --- | --- |
| (9) | To enable the internal market to function effectively, the use of electronic payments should be promoted and facilitated to the benefit of retailers and consumers. Cards and other electronic payments can be used in a more versatile manner, including possibilities to pay online in order to take advantage of the internal market and e-commerce, whilst electronic payments also provide retailers with potentially secure payments. Card and card based payments instead of cash use could therefore be beneficial for retailers and consumers, provided the fees for the use of the payment systems are set at an economically efficient level, whilst contributing to innovation and market entry of new operators. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(9)

To enable the internal market to function effectively, the use of electronic payments should be promoted and facilitated to the benefit of retailers and consumers. Cards and other electronic payments can be used in a more versatile manner, including possibilities to pay online in order to take advantage of the internal market and e-commerce, whilst electronic payments also provide retailers with potentially secure payments. Card and card based payments instead of cash use could therefore be beneficial for retailers and consumers, provided the fees for the use of the payment systems are set at an economically efficient level, whilst contributing to innovation and market entry of new operators.

| (9) | To enable the internal market to function effectively, the use of electronic payments should be promoted and facilitated to the benefit of retailers and consumers. Cards and other electronic payments can be used in a more versatile manner, including possibilities to pay online in order to take advantage of the internal market and e-commerce, whilst electronic payments also provide retailers with potentially secure payments. Card and card based payments instead of cash use could therefore be beneficial for retailers and consumers, provided the fees for the use of the payment systems are set at an economically efficient level, whilst contributing to
  fair competition,
  innovation and market entry of new operators. |
| --- | --- |

(9)

To enable the internal market to function effectively, the use of electronic payments should be promoted and facilitated to the benefit of retailers and consumers. Cards and other electronic payments can be used in a more versatile manner, including possibilities to pay online in order to take advantage of the internal market and e-commerce, whilst electronic payments also provide retailers with potentially secure payments. Card and card based payments instead of cash use could therefore be beneficial for retailers and consumers, provided the fees for the use of the payment systems are set at an economically efficient level, whilst contributing to
  fair competition,
  innovation and market entry of new operators.

fair competition,

Amendment 4

Amendment 4

Proposal for a regulation

Proposal for a regulation

Recital 10

Recital 10

| Text proposed by the Commission | Amendment |
| --- | --- |
| (10) | One of the key practices hindering the functioning of the internal market in card and card-based payments is the widespread existence of
  interchange fees
  , which are in most Member States not subject
  to any legislation. Interchange fees are inter-bank fees usually
  applied between the
  card-acquiring payment service providers
  and the
  card-issuing payment service providers belonging to
  a certain card
  scheme. Interchange fees are a main
  part
  of the fees charged to merchants by acquiring payment service providers for every card transaction. Merchants in turn incorporate these card costs in the general prices of goods and services.
  Competition between card schemes appears in practice to be largely aimed at convincing as many issuing payment service providers (e.g. banks) as possible to issue their cards, which usually leads to higher rather than lower interchange fees on the market, in contrast with the usual price disciplining effect of competition in a market economy. Regulating
  interchange fees would improve the functioning of the internal market. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(10)

One of the key practices hindering the functioning of the internal market in card and card-based payments is the widespread existence of
  interchange fees
  , which are in most Member States not subject
  to any legislation. Interchange fees are inter-bank fees usually
  applied between the
  card-acquiring payment service providers
  and the
  card-issuing payment service providers belonging to
  a certain card
  scheme. Interchange fees are a main
  part
  of the fees charged to merchants by acquiring payment service providers for every card transaction. Merchants in turn incorporate these card costs in the general prices of goods and services.
  Competition between card schemes appears in practice to be largely aimed at convincing as many issuing payment service providers (e.g. banks) as possible to issue their cards, which usually leads to higher rather than lower interchange fees on the market, in contrast with the usual price disciplining effect of competition in a market economy. Regulating
  interchange fees would improve the functioning of the internal market.

One of the key practices hindering the functioning of the internal market in card and card-based payments is the widespread existence of

, which are in most Member States not subject

applied between the

and the

a certain card

part

Competition between card schemes appears in practice to be largely aimed at convincing as many issuing payment service providers (e.g. banks) as possible to issue their cards, which usually leads to higher rather than lower interchange fees on the market, in contrast with the usual price disciplining effect of competition in a market economy. Regulating

| (10) | In most Member States,
  interchange fees
  are not subject
  to any legislation
  but, rather, to decisions of the national competition authorities
  . Interchange fees are inter-bank fees usually
  passed from
  card-acquiring payment service providers
  to
  card-issuing payment service providers belonging to
  the relevant
  scheme. Interchange fees are a main
  component
  of the fees charged to merchants by acquiring payment service providers for every card transaction. Merchants in turn incorporate these card costs
  , like all their other costs,
  in the general prices of goods and services.
  Consistent application of the competition rules to
  interchange fees would
  reduce transaction costs for consumers and thus
  improve the functioning of the internal market. |
| --- | --- |

(10)

In most Member States,
  interchange fees
  are not subject
  to any legislation
  but, rather, to decisions of the national competition authorities
  . Interchange fees are inter-bank fees usually
  passed from
  card-acquiring payment service providers
  to
  card-issuing payment service providers belonging to
  the relevant
  scheme. Interchange fees are a main
  component
  of the fees charged to merchants by acquiring payment service providers for every card transaction. Merchants in turn incorporate these card costs
  , like all their other costs,
  in the general prices of goods and services.
  Consistent application of the competition rules to
  interchange fees would
  reduce transaction costs for consumers and thus
  improve the functioning of the internal market.

In most Member States,

are not subject

but, rather, to decisions of the national competition authorities

passed from

to

the relevant

component

, like all their other costs,

Consistent application of the competition rules to

reduce transaction costs for consumers and thus

Amendment 5

Amendment 5

Proposal for a regulation

Proposal for a regulation

Recital 11

Recital 11

| Text proposed by the Commission | Amendment |
| --- | --- |
| (11) | The currently existing wide variety of interchange fees and their level prevent the emergence of ‘new’ pan Union players on the basis of business models with lower interchange fees, to the detriment of potential economies of scale and scope and their resulting efficiencies. This has a negative impact on retailers and consumers and prevents innovation. As Pan-Union players would have to offer issuing banks as a minimum the highest level of interchange fee prevailing in the market they want to enter it also results in persisting market fragmentation. Existing domestic schemes with lower or no interchange fees may also be forced to exit the market because of the pressure from banks to obtain higher interchange fees revenues. As a result, consumers and merchants face restricted choice, higher prices and lower quality of payment services while their ability to use pan-Union payment solutions is restricted. In addition, retailers cannot overcome the fee differences by making use of card acceptance services offered by banks in other Member States. Specific rules applied by the payment schemes require the application of the interchange fee of the ‘Point of Sale’ (country of the retailer) for each payment transaction. This prevents
  acquiring banks
  from successfully offering their services on a cross border basis. It also
  prevents
  retailers from reducing their payment costs to the benefit of consumers. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(11)

The currently existing wide variety of interchange fees and their level prevent the emergence of ‘new’ pan Union players on the basis of business models with lower interchange fees, to the detriment of potential economies of scale and scope and their resulting efficiencies. This has a negative impact on retailers and consumers and prevents innovation. As Pan-Union players would have to offer issuing banks as a minimum the highest level of interchange fee prevailing in the market they want to enter it also results in persisting market fragmentation. Existing domestic schemes with lower or no interchange fees may also be forced to exit the market because of the pressure from banks to obtain higher interchange fees revenues. As a result, consumers and merchants face restricted choice, higher prices and lower quality of payment services while their ability to use pan-Union payment solutions is restricted. In addition, retailers cannot overcome the fee differences by making use of card acceptance services offered by banks in other Member States. Specific rules applied by the payment schemes require the application of the interchange fee of the ‘Point of Sale’ (country of the retailer) for each payment transaction. This prevents
  acquiring banks
  from successfully offering their services on a cross border basis. It also
  prevents
  retailers from reducing their payment costs to the benefit of consumers.

acquiring banks

prevents

| (11) | The currently existing wide variety of interchange fees and their level prevent the emergence of ‘new’ pan Union players on the basis of business models with lower
  or no
  interchange fees, to the detriment of potential economies of scale and scope and their resulting efficiencies. This has a negative impact on retailers and consumers and prevents innovation. As Pan-Union players would have to offer issuing banks as a minimum the highest level of interchange fee prevailing in the market they want to enter it also results in persisting market fragmentation. Existing domestic schemes with lower or no interchange fees may also be forced to exit the market because of the pressure from banks to obtain higher interchange fees revenues. As a result, consumers and merchants face restricted choice, higher prices and lower quality of payment services while their ability to use pan-Union payment solutions is restricted. In addition, retailers cannot overcome the fee differences by making use of card acceptance services offered by banks in other Member States. Specific rules applied by the
  international card
  payment schemes require
  , on the basis of their territorial licensing policies,
  the application of the interchange fee of the ‘Point of Sale’ (country of the retailer) for each payment transaction. This prevents
  acquirers
  from successfully offering their services on a cross-border basis. It
  can also prevent
  retailers from reducing their payment costs to the benefit of consumers. |
| --- | --- |

(11)

The currently existing wide variety of interchange fees and their level prevent the emergence of ‘new’ pan Union players on the basis of business models with lower
  or no
  interchange fees, to the detriment of potential economies of scale and scope and their resulting efficiencies. This has a negative impact on retailers and consumers and prevents innovation. As Pan-Union players would have to offer issuing banks as a minimum the highest level of interchange fee prevailing in the market they want to enter it also results in persisting market fragmentation. Existing domestic schemes with lower or no interchange fees may also be forced to exit the market because of the pressure from banks to obtain higher interchange fees revenues. As a result, consumers and merchants face restricted choice, higher prices and lower quality of payment services while their ability to use pan-Union payment solutions is restricted. In addition, retailers cannot overcome the fee differences by making use of card acceptance services offered by banks in other Member States. Specific rules applied by the
  international card
  payment schemes require
  , on the basis of their territorial licensing policies,
  the application of the interchange fee of the ‘Point of Sale’ (country of the retailer) for each payment transaction. This prevents
  acquirers
  from successfully offering their services on a cross-border basis. It
  can also prevent
  retailers from reducing their payment costs to the benefit of consumers.

or no

international card

, on the basis of their territorial licensing policies,

acquirers

can also prevent

Amendment 6

Amendment 6

Proposal for a regulation

Proposal for a regulation

Recital 15

Recital 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | This Regulation
  follows a gradual approach. As a first step, it is necessary to take measures to facilitate
  cross-border issuing and acquiring of payment card transactions.
  Allowing merchants to
  choose an acquirer outside their own Member State (
  ‘cross border
  acquiring’)
  and imposing a
  maximum level of
  cross border
  interchange fees for
  cross border
  acquired transactions
  should
  provide the necessary legal clarity.
  In addition, licences for issuing or acquiring of payment instruments should be valid without geographic restrictions within the Union. These measures would facilitate the smooth functioning of an internal market for card, internet and mobile payments, to the benefit of consumers and retailers
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(15)

This Regulation
  follows a gradual approach. As a first step, it is necessary to take measures to facilitate
  cross-border issuing and acquiring of payment card transactions.
  Allowing merchants to
  choose an acquirer outside their own Member State (
  ‘cross border
  acquiring’)
  and imposing a
  maximum level of
  cross border
  interchange fees for
  cross border
  acquired transactions
  should
  provide the necessary legal clarity.
  In addition, licences for issuing or acquiring of payment instruments should be valid without geographic restrictions within the Union. These measures would facilitate the smooth functioning of an internal market for card, internet and mobile payments, to the benefit of consumers and retailers
  .

follows a gradual approach. As a first step, it is necessary to take measures to facilitate

Allowing merchants to

‘cross border

and imposing a

cross border

cross border

should

In addition, licences for issuing or acquiring of payment instruments should be valid without geographic restrictions within the Union. These measures would facilitate the smooth functioning of an internal market for card, internet and mobile payments, to the benefit of consumers and retailers

| (15) | In order to facilitate the smooth functioning of an internal market for card, internet and mobile payments, to the benefit of consumers and retailers,
  this Regulation
  applies to
  cross-border
  and to national
  issuing and acquiring of payment card transactions.
  If merchants can
  choose an acquirer outside their own Member State (
  ‘cross-border
  acquiring’),
  which will be facilitated by the imposition of the same
  maximum level of
  both domestically and cross-border
  interchange fees for acquired transactions
  and the prohibition of territorial licensing, it should be possible to
  provide the necessary legal clarity
  and to prevent distortions of competition between payment-card systems
  . |
| --- | --- |

(15)

In order to facilitate the smooth functioning of an internal market for card, internet and mobile payments, to the benefit of consumers and retailers,
  this Regulation
  applies to
  cross-border
  and to national
  issuing and acquiring of payment card transactions.
  If merchants can
  choose an acquirer outside their own Member State (
  ‘cross-border
  acquiring’),
  which will be facilitated by the imposition of the same
  maximum level of
  both domestically and cross-border
  interchange fees for acquired transactions
  and the prohibition of territorial licensing, it should be possible to
  provide the necessary legal clarity
  and to prevent distortions of competition between payment-card systems
  .

In order to facilitate the smooth functioning of an internal market for card, internet and mobile payments, to the benefit of consumers and retailers,

applies to

and to national

If merchants can

‘cross-border

which will be facilitated by the imposition of the same

both domestically and cross-border

and the prohibition of territorial licensing, it should be possible to

and to prevent distortions of competition between payment-card systems

Amendment 7

Amendment 7

Proposal for a regulation

Proposal for a regulation

Recital 16

Recital 16

| Text proposed by the Commission | Amendment |
| --- | --- |
| (16) | As a consequence of unilateral undertakings and commitments accepted in the framework of competition proceedings, many cross-border card payment transactions in the Union are already carried out respecting the maximum interchanges fees
  applicable
  to the
  first phase of this Regulation. Therefore,
  the provisions relating to
  those
  transactions should
  enter into force quickly, creating opportunities for retailers to seek cheaper acquiring services cross-border, and incentivising domestic banking communities or schemes to lower their acquiring fees
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(16)

As a consequence of unilateral undertakings and commitments accepted in the framework of competition proceedings, many cross-border card payment transactions in the Union are already carried out respecting the maximum interchanges fees
  applicable
  to the
  first phase of this Regulation. Therefore,
  the provisions relating to
  those
  transactions should
  enter into force quickly, creating opportunities for retailers to seek cheaper acquiring services cross-border, and incentivising domestic banking communities or schemes to lower their acquiring fees
  .

applicable

first phase of this Regulation. Therefore,

those

enter into force quickly, creating opportunities for retailers to seek cheaper acquiring services cross-border, and incentivising domestic banking communities or schemes to lower their acquiring fees

| (16) | As a consequence of unilateral undertakings and commitments accepted in the framework of competition proceedings, many cross-border card payment transactions in the Union are already carried out respecting the maximum interchanges fees
  . In order
  to
  provide for fair competition in
  the
  market for acquiring services,
  the provisions relating to
  cross-border and to national
  transactions should
  apply simultaneously and within a reasonable period after entry into force of this Regulation, taking account of the difficulty and complexity of the migration of payment-card systems, which this Regulation necessitates
  . |
| --- | --- |

(16)

As a consequence of unilateral undertakings and commitments accepted in the framework of competition proceedings, many cross-border card payment transactions in the Union are already carried out respecting the maximum interchanges fees
  . In order
  to
  provide for fair competition in
  the
  market for acquiring services,
  the provisions relating to
  cross-border and to national
  transactions should
  apply simultaneously and within a reasonable period after entry into force of this Regulation, taking account of the difficulty and complexity of the migration of payment-card systems, which this Regulation necessitates
  .

. In order

provide for fair competition in

market for acquiring services,

cross-border and to national

apply simultaneously and within a reasonable period after entry into force of this Regulation, taking account of the difficulty and complexity of the migration of payment-card systems, which this Regulation necessitates

Amendment 8

Amendment 8

Proposal for a regulation

Proposal for a regulation

Recital 17

Recital 17

| Text proposed by the Commission | Amendment |
| --- | --- |
| (17) | For domestic transactions
  , a
  transition
  period is necessary to provide payment services providers and schemes with time to adapt to the new requirements. Therefore, after a
  two
  year period following the entry into force of this Regulation and in order to provide for a completion of an internal market for card-based payments, the caps on interchange fees for consumer card transactions should
  be extended to
  cover all, cross-border and domestic payments. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(17)

For domestic transactions
  , a
  transition
  period is necessary to provide payment services providers and schemes with time to adapt to the new requirements. Therefore, after a
  two
  year period following the entry into force of this Regulation and in order to provide for a completion of an internal market for card-based payments, the caps on interchange fees for consumer card transactions should
  be extended to
  cover all, cross-border and domestic payments.

For domestic transactions

transition

two

be extended to

| (17) | However
  , a
  transitional
  period is necessary to provide payment services providers and schemes with time to adapt to the new requirements. Therefore, after a
  one-
  year period following the entry into force of this Regulation and in order to provide for a completion of an internal market for card-based payments, the caps on interchange fees for consumer card transactions should cover all, cross-border and domestic payments. |
| --- | --- |

(17)

However
  , a
  transitional
  period is necessary to provide payment services providers and schemes with time to adapt to the new requirements. Therefore, after a
  one-
  year period following the entry into force of this Regulation and in order to provide for a completion of an internal market for card-based payments, the caps on interchange fees for consumer card transactions should cover all, cross-border and domestic payments.

However

transitional

one-

Amendment 9

Amendment 9

Proposal for a regulation

Proposal for a regulation

Recital 18

Recital 18

| Text proposed by the Commission | Amendment |
| --- | --- |
| (18) | In order to facilitate cross border acquiring
  all
  (cross-border and domestic) ‘consumer’
  debit card transactions and card based payment transaction should have a maximum interchange fee of
  0,20  %
  and all
  (cross-border and domestic) consumer
  credit card transactions and card based payment transactions based on those should have a maximum interchange fee of
  0,30  %
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(18)

In order to facilitate cross border acquiring
  all
  (cross-border and domestic) ‘consumer’
  debit card transactions and card based payment transaction should have a maximum interchange fee of
  0,20  %
  and all
  (cross-border and domestic) consumer
  credit card transactions and card based payment transactions based on those should have a maximum interchange fee of
  0,30  %
  .

In order to facilitate cross border acquiring

(cross-border and domestic) ‘consumer’

0,20  %

(cross-border and domestic) consumer

0,30  %

| (18) | All debit card transactions and card based payment transaction should have a maximum interchange fee of
  0,2  %
  and all credit card transactions and card based payment transactions based on those should have a maximum interchange fee of
  0,3  %
  . |
| --- | --- |

(18)

All debit card transactions and card based payment transaction should have a maximum interchange fee of
  0,2  %
  and all credit card transactions and card based payment transactions based on those should have a maximum interchange fee of
  0,3  %
  .

0,2  %

0,3  %

Amendment 10

Amendment 10

Proposal for a regulation

Proposal for a regulation

Recital 18 a (new)

Recital 18 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (18a) | The impact assessment shows that a prohibition of interchange fees for debit card transactions would be beneficial for card acceptance, card usage, development of the single market and generate more benefits to merchants and consumers than a cap set at any higher level. Moreover it would avoid negative effects on national systems with very low or zero interchange fees for debit transaction by a higher cap due to cross border expansion or new market entrants increasing fee levels to the level of the cap. A ban on interchange fees for debit card transactions also addresses the threat of exporting the interchange fee model to new, innovative payment services such as mobile and online systems. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(18a)

(18a)

The impact assessment shows that a prohibition of interchange fees for debit card transactions would be beneficial for card acceptance, card usage, development of the single market and generate more benefits to merchants and consumers than a cap set at any higher level. Moreover it would avoid negative effects on national systems with very low or zero interchange fees for debit transaction by a higher cap due to cross border expansion or new market entrants increasing fee levels to the level of the cap. A ban on interchange fees for debit card transactions also addresses the threat of exporting the interchange fee model to new, innovative payment services such as mobile and online systems.

The impact assessment shows that a prohibition of interchange fees for debit card transactions would be beneficial for card acceptance, card usage, development of the single market and generate more benefits to merchants and consumers than a cap set at any higher level. Moreover it would avoid negative effects on national systems with very low or zero interchange fees for debit transaction by a higher cap due to cross border expansion or new market entrants increasing fee levels to the level of the cap. A ban on interchange fees for debit card transactions also addresses the threat of exporting the interchange fee model to new, innovative payment services such as mobile and online systems.

Amendment 11

Amendment 11

Proposal for a regulation

Proposal for a regulation

Recital 19 a (new)

Recital 19 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (19a) | In accordance the basic principles of the internal market, acquirers should be able to provide their services to merchants throughout the Union applying the multilateral interchange fees (MIFs) that they apply in their national market. They should not apply higher MIFs to cross-border transactions than they apply to national transactions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(19a)

(19a)

In accordance the basic principles of the internal market, acquirers should be able to provide their services to merchants throughout the Union applying the multilateral interchange fees (MIFs) that they apply in their national market. They should not apply higher MIFs to cross-border transactions than they apply to national transactions.

In accordance the basic principles of the internal market, acquirers should be able to provide their services to merchants throughout the Union applying the multilateral interchange fees (MIFs) that they apply in their national market. They should not apply higher MIFs to cross-border transactions than they apply to national transactions.

Amendment 12

Amendment 12

Proposal for a regulation

Proposal for a regulation

Recital 22

Recital 22

| Text proposed by the Commission | Amendment |
| --- | --- |
| (22) | Payment card transactions are generally carried out on the basis of two main business models, so-called three party payment card schemes (cardholder — acquiring and issuing scheme — merchant) and four party payment card schemes (card holder- issuing bank- acquiring bank- merchant). Many four payment card party schemes are using an explicit interchange fee, mostly multilateral. Interchange fees (fees paid by acquiring banks to incentivise card issuing and card use) are implicit in three party payment card schemes. To acknowledge the existence of implicit interchange fees and contribute to the creation of a level playing field, three party payment card schemes using payment service providers as issuers or acquirers should be considered as four party payment card schemes and should follow the same rules, whilst transparency and other measures related to business rules should apply to all providers. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(22)

Payment card transactions are generally carried out on the basis of two main business models, so-called three party payment card schemes (cardholder — acquiring and issuing scheme — merchant) and four party payment card schemes (card holder- issuing bank- acquiring bank- merchant). Many four payment card party schemes are using an explicit interchange fee, mostly multilateral. Interchange fees (fees paid by acquiring banks to incentivise card issuing and card use) are implicit in three party payment card schemes. To acknowledge the existence of implicit interchange fees and contribute to the creation of a level playing field, three party payment card schemes using payment service providers as issuers or acquirers should be considered as four party payment card schemes and should follow the same rules, whilst transparency and other measures related to business rules should apply to all providers.

| (22) | Payment card transactions are generally carried out on the basis of two main business models, so-called three party payment card schemes (cardholder — acquiring and issuing scheme — merchant) and four party payment card schemes (card holder- issuing bank- acquiring bank- merchant). Many four payment card party schemes are using an explicit interchange fee, mostly multilateral. Interchange fees (fees paid by acquiring banks to incentivise card issuing and card use) are implicit in three party payment card schemes. To acknowledge the existence of implicit interchange fees and contribute to the creation of a level playing field, three party payment card schemes using payment service providers as issuers or acquirers should be considered as four party payment card schemes and should follow the same rules, whilst transparency and other measures related to business rules should apply to all providers.
  Three-party schemes should accept transactions made using their cards from any acquirer based on general card transaction standards and acquiring rules comparable to the merchant rules for the specific three party schemes and with interchange caps in accordance with this Regulation. |
| --- | --- |

(22)

Payment card transactions are generally carried out on the basis of two main business models, so-called three party payment card schemes (cardholder — acquiring and issuing scheme — merchant) and four party payment card schemes (card holder- issuing bank- acquiring bank- merchant). Many four payment card party schemes are using an explicit interchange fee, mostly multilateral. Interchange fees (fees paid by acquiring banks to incentivise card issuing and card use) are implicit in three party payment card schemes. To acknowledge the existence of implicit interchange fees and contribute to the creation of a level playing field, three party payment card schemes using payment service providers as issuers or acquirers should be considered as four party payment card schemes and should follow the same rules, whilst transparency and other measures related to business rules should apply to all providers.
  Three-party schemes should accept transactions made using their cards from any acquirer based on general card transaction standards and acquiring rules comparable to the merchant rules for the specific three party schemes and with interchange caps in accordance with this Regulation.

Three-party schemes should accept transactions made using their cards from any acquirer based on general card transaction standards and acquiring rules comparable to the merchant rules for the specific three party schemes and with interchange caps in accordance with this Regulation.

Amendment 13

Amendment 13

Proposal for a regulation

Proposal for a regulation

Recital 23

Recital 23

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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).

considered could be

| (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
  , including possible authorisation charges,
  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
  and the monetary incentives or equivalent received by a cardholder from a payment card scheme
  should be taken into account.
  All
  payments, incentives and fees
  , whether
  direct (i.e. volume-based or transaction-specific) or indirect (including marketing incentives, bonuses, rebates for meeting certain transaction volumes).
  In checking circumventions of this Regulation providing for the maximum amount of interchange fees, the profit of payment card issuers that results 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. |
| --- | --- |

(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
  , including possible authorisation charges,
  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
  and the monetary incentives or equivalent received by a cardholder from a payment card scheme
  should be taken into account.
  All
  payments, incentives and fees
  , whether
  direct (i.e. volume-based or transaction-specific) or indirect (including marketing incentives, bonuses, rebates for meeting certain transaction volumes).
  In checking circumventions of this Regulation providing for the maximum amount of interchange fees, the profit of payment card issuers that results 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.

, including possible authorisation charges,

and the monetary incentives or equivalent received by a cardholder from a payment card scheme

All

, whether

In checking circumventions of this Regulation providing for the maximum amount of interchange fees, the profit of payment card issuers that results 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 14

Amendment 14

Proposal for a regulation

Proposal for a regulation

Recital 30

Recital 30

| Text proposed by the Commission | Amendment |
| --- | --- |
| (30) | For the effective functioning of the limitations to the Honour All Cards Rule certain information is indispensable. First,
  payees should have the means to identify the different categories of cards. Therefore, the various categories should be identifiable
  visibly and
  electronically 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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(30)

For the effective functioning of the limitations to the Honour All Cards Rule certain information is indispensable. First,
  payees should have the means to identify the different categories of cards. Therefore, the various categories should be identifiable
  visibly and
  electronically 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.

For the effective functioning of the limitations to the Honour All Cards Rule certain information is indispensable. First,

visibly and

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.

| (30) | Payees
  and payers
  should have the means to identify the different categories of cards. Therefore, the various categories should be identifiable electronically
  and for newly issued card based payment instruments also visibly
  on the device
  or on the payment terminal
  . Secondly, also the payer should be informed about the acceptance of his payment instrument(s) at a given point of sale. |
| --- | --- |

(30)

Payees
  and payers
  should have the means to identify the different categories of cards. Therefore, the various categories should be identifiable electronically
  and for newly issued card based payment instruments also visibly
  on the device
  or on the payment terminal
  . Secondly, also the payer should be informed about the acceptance of his payment instrument(s) at a given point of sale.

and payers

and for newly issued card based payment instruments also visibly

or on the payment terminal

Amendment 15

Amendment 15

Proposal for a regulation

Proposal for a regulation

Recital 30 a (new)

Recital 30 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (30a) | A payment is an agreement between the payer and the payee. In order to ensure that competition between brands is effective, it is important that the choice of payment application be made by users, not imposed by the upstream market, comprising payment card systems, payment service providers or processors. Such an arrangement should not prevent payers and payees from setting a default choice of application, where technically feasible, provided that that choice can be changed for each transaction. If the payee selects an application supported by both, the user should be able to reject it and choose another application. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(30a)

(30a)

A payment is an agreement between the payer and the payee. In order to ensure that competition between brands is effective, it is important that the choice of payment application be made by users, not imposed by the upstream market, comprising payment card systems, payment service providers or processors. Such an arrangement should not prevent payers and payees from setting a default choice of application, where technically feasible, provided that that choice can be changed for each transaction. If the payee selects an application supported by both, the user should be able to reject it and choose another application.

A payment is an agreement between the payer and the payee. In order to ensure that competition between brands is effective, it is important that the choice of payment application be made by users, not imposed by the upstream market, comprising payment card systems, payment service providers or processors. Such an arrangement should not prevent payers and payees from setting a default choice of application, where technically feasible, provided that that choice can be changed for each transaction. If the payee selects an application supported by both, the user should be able to reject it and choose another application.

Amendment 16

Amendment 16

Proposal for a regulation

Proposal for a regulation

Recital 31

Recital 31

| Text proposed by the Commission | Amendment |
| --- | --- |
| (31) | In order to ensure that redress is possible where this Regulation has been incorrectly applied, or where disputes occur between payment services users and payment services providers, Member States should establish adequate and effective out-of-court complaint and redress procedures. Member States should lay down rules on the penalties applicable to infringements of this Regulation and should ensure that those penalties are effective, proportionate and dissuasive and that they are applied. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(31)

In order to ensure that redress is possible where this Regulation has been incorrectly applied, or where disputes occur between payment services users and payment services providers, Member States should establish adequate and effective out-of-court complaint and redress procedures. Member States should lay down rules on the penalties applicable to infringements of this Regulation and should ensure that those penalties are effective, proportionate and dissuasive and that they are applied.

| (31) | In order to ensure that redress is possible where this Regulation has been incorrectly applied, or where disputes occur between payment services users and payment services providers, Member States should establish adequate and effective out-of-court complaint and redress procedures. Member States
  , following guidelines set up by the European Supervisory Authority (European Banking Authority) (‘EBA’), established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council

   (1a)

  ,
  should lay down rules on the penalties applicable to infringements of this Regulation and should ensure that those penalties are effective, proportionate and dissuasive and that they are applied. |
| --- | --- |

(31)

In order to ensure that redress is possible where this Regulation has been incorrectly applied, or where disputes occur between payment services users and payment services providers, Member States should establish adequate and effective out-of-court complaint and redress procedures. Member States
  , following guidelines set up by the European Supervisory Authority (European Banking Authority) (‘EBA’), established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council

   (1a)

  ,
  should lay down rules on the penalties applicable to infringements of this Regulation and should ensure that those penalties are effective, proportionate and dissuasive and that they are applied.

, following guidelines set up by the European Supervisory Authority (European Banking Authority) (‘EBA’), established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council

1a

,

Amendment 17

Amendment 17

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 1

Article 1 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   This Regulation lays down uniform technical and business requirements for payment
  card
  transactions carried out within the Union, where both the payer's payment service provider and the payee's payment service provider are established therein. | 1.   This Regulation lays down uniform technical and business requirements for
  card-based
  payment transactions carried out within the Union, where both the payer's payment service provider and the payee's payment service provider are established therein. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   This Regulation lays down uniform technical and business requirements for payment
  card
  transactions carried out within the Union, where both the payer's payment service provider and the payee's payment service provider are established therein.

card

1.   This Regulation lays down uniform technical and business requirements for
  card-based
  payment transactions carried out within the Union, where both the payer's payment service provider and the payee's payment service provider are established therein.

card-based

Amendment 18

Amendment 18

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 2

Article 1 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   This Regulation does not apply to payment instruments that can be used only within a limited network designed to address precise needs through payment instruments only to be used in a limited way, because they allow the specific instrument holder to acquire goods or services only in the premises of the issuer, within a limited network of service providers under a direct commercial agreement with a professional issuer, or because they can be used only to acquire a
  limited
  range of goods or services. | 2.   This Regulation does not apply to payment instruments that can be used only within a limited network designed to address precise needs through payment instruments only to be used in a limited way, because they allow the specific instrument holder to acquire goods or services only in the premises of the issuer, within a limited network of service providers under a direct commercial agreement with a professional issuer, or because they can be used only to acquire a
  very narrow
  range of goods or services. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   This Regulation does not apply to payment instruments that can be used only within a limited network designed to address precise needs through payment instruments only to be used in a limited way, because they allow the specific instrument holder to acquire goods or services only in the premises of the issuer, within a limited network of service providers under a direct commercial agreement with a professional issuer, or because they can be used only to acquire a
  limited
  range of goods or services.

limited

2.   This Regulation does not apply to payment instruments that can be used only within a limited network designed to address precise needs through payment instruments only to be used in a limited way, because they allow the specific instrument holder to acquire goods or services only in the premises of the issuer, within a limited network of service providers under a direct commercial agreement with a professional issuer, or because they can be used only to acquire a
  very narrow
  range of goods or services.

very narrow

Amendment 19

Amendment 19

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point a

Article 1 — paragraph 3 — point a

| Text proposed by the Commission | Amendment |
| --- | --- |
| (a) | transactions with commercial cards, |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(a)

(a)

transactions with commercial cards,

transactions with commercial cards,

deleted

deleted

Amendment 20

Amendment 20

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point b

Article 1 — paragraph 3 — point b

| Text proposed by the Commission | Amendment |
| --- | --- |
| (b) | cash withdrawals at automatic teller machines and |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(b)

cash withdrawals at automatic teller machines and

| (b) | cash withdrawals
  or transactions other than sales of goods or services performed
  at automatic teller machines
  and cash disbursements at the counter of payment service providers' premises;
  and |
| --- | --- |

(b)

cash withdrawals
  or transactions other than sales of goods or services performed
  at automatic teller machines
  and cash disbursements at the counter of payment service providers' premises;
  and

or transactions other than sales of goods or services performed

and cash disbursements at the counter of payment service providers' premises;

Amendment 21

Amendment 21

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 3 — point c

Article 1 — paragraph 3 — point c

| Text proposed by the Commission | Amendment |
| --- | --- |
| (c) | transactions with cards issued by three party payment card schemes. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(c)

transactions with cards issued by three party payment card schemes.

| (c) | transactions with cards issued by three party payment card schemes
  where their volume does not exceed a threshold set by the Commission; |
| --- | --- |

(c)

transactions with cards issued by three party payment card schemes
  where their volume does not exceed a threshold set by the Commission;

where their volume does not exceed a threshold set by the Commission;

Amendment 22

Amendment 22

Proposal for a regulation

Proposal for a regulation

Article 1 — paragraph 4 a (new)

Article 1 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Articles 6 and 7 shall not apply to domestic debit card schemes that operate with an average interchange fee or net compensation model which is verifiably below the threshold value in Articles 3 and 4. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Articles 6 and 7 shall not apply to domestic debit card schemes that operate with an average interchange fee or net compensation model which is verifiably below the threshold value in Articles 3 and 4.

4a.

Articles 6 and 7 shall not apply to domestic debit card schemes that operate with an average interchange fee or net compensation model which is verifiably below the threshold value in Articles 3 and 4.

Amendment 23

Amendment 23

Proposal for a regulation

Proposal for a regulation

Article 2 — point 4

Article 2 — point 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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/initiated. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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/initiated.

card transaction

an card

included with prepaid

a transaction is debited in less than or 48 hours after

has been authorised/initiated.

| (4) | ‘debit
  transaction by card
  ’ means
  a card-based
  payment transaction linked to a current or deposit access account to which the transaction
  is debited immediately upon being cleared, as well as a transaction with a prepaid card; |
| --- | --- |

(4)

‘debit
  transaction by card
  ’ means
  a card-based
  payment transaction linked to a current or deposit access account to which the transaction
  is debited immediately upon being cleared, as well as a transaction with a prepaid card;

transaction by card

a card-based

is debited immediately upon being cleared, as well as a transaction with a prepaid card;

Amendment 24

Amendment 24

Proposal for a regulation

Proposal for a regulation

Article 2 — point 5

Article 2 — point 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| (5) | ‘credit
  card
  transaction’ means
  an
  card payment transaction
  where the transaction
  is
  settled more than 48 hours
  after the transaction has been authorised/initiated; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(5)

‘credit
  card
  transaction’ means
  an
  card payment transaction
  where the transaction
  is
  settled more than 48 hours
  after the transaction has been authorised/initiated;

card

an

where the transaction

settled more than 48 hours

| (5) | ‘credit transaction
  by card
  ’ means
  a
  card
  based
  payment transaction
  which
  is
  debited at least two business days
  after the transaction has been authorised/initiated. |
| --- | --- |

(5)

‘credit transaction
  by card
  ’ means
  a
  card
  based
  payment transaction
  which
  is
  debited at least two business days
  after the transaction has been authorised/initiated.

by card

a

based

which

debited at least two business days

Amendment 25

Amendment 25

Proposal for a regulation

Proposal for a regulation

Article 2 — point 8

Article 2 — point 8

| Text proposed by the Commission | Amendment |
| --- | --- |
| (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; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(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;

and the payee's payment service provider are

Member States

| (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
  or the point of sale is
  established in
  a
  different
  Member State than that of the payee's payment service provider
  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
  , including where a payee uses the services of an acquirer located in another Member State
  ; |
| --- | --- |

(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
  or the point of sale is
  established in
  a
  different
  Member State than that of the payee's payment service provider
  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
  , including where a payee uses the services of an acquirer located in another Member State
  ;

or the point of sale is

a

Member State than that of the payee's payment service provider

, including where a payee uses the services of an acquirer located in another Member State

Amendment 26

Amendment 26

Proposal for a regulation

Proposal for a regulation

Article 2 — point 12 a (new)

Article 2 — point 12 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | (12a) | ‘payment card’ means a debit or credit card which entitles the cardholder to access cardholder's funds, or enables the cardholder to make a payment through the intermediation of an acquirer and which is accepted by a payee in order to process a payment transaction; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(12a)

(12a)

‘payment card’ means a debit or credit card which entitles the cardholder to access cardholder's funds, or enables the cardholder to make a payment through the intermediation of an acquirer and which is accepted by a payee in order to process a payment transaction;

Amendment 27

Amendment 27

Proposal for a regulation

Proposal for a regulation

Article 2 — point 13

Article 2 — point 13

| Text proposed by the Commission | Amendment |
| --- | --- |
| (13) | ‘payment
  card
  scheme’ means a single set of rules, practices, standards and/or implementation guidelines for the execution of payment transactions across the Union and within Member States, and which is separated from any infrastructure or payment system that supports its operation; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(13)

‘payment
  card
  scheme’ means a single set of rules, practices, standards and/or implementation guidelines for the execution of payment transactions across the Union and within Member States, and which is separated from any infrastructure or payment system that supports its operation;

card

| (13) | ‘payment scheme’ means a single set of rules, practices, standards and/or implementation guidelines for the execution of payment transactions across the Union and within Member States, and which is separated from any infrastructure or payment system that supports its operation; |
| --- | --- |

(13)

‘payment scheme’ means a single set of rules, practices, standards and/or implementation guidelines for the execution of payment transactions across the Union and within Member States, and which is separated from any infrastructure or payment system that supports its operation;

Amendment 28

Amendment 28

Proposal for a regulation

Proposal for a regulation

Article 2 — point 15

Article 2 — point 15

| Text proposed by the Commission | Amendment |
| --- | --- |
| (15) | ‘three party payment card scheme’ means a payment card scheme in which payments are made from a payment account held by the scheme on behalf of the
  cardholder
  to a payment account held by the scheme on behalf of the payee, and card based transactions based on the same structure. When a three party payment card scheme licenses other payment service providers for the issuance and/or the acquiring of payment cards, it is considered as a four party payment card scheme; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

(15)

‘three party payment card scheme’ means a payment card scheme in which payments are made from a payment account held by the scheme on behalf of the
  cardholder
  to a payment account held by the scheme on behalf of the payee, and card based transactions based on the same structure. When a three party payment card scheme licenses other payment service providers for the issuance and/or the acquiring of payment cards, it is considered as a four party payment card scheme;

cardholder

| (15) | ‘three party payment card scheme’ means a payment card scheme in which payments are made from a payment account held by the scheme on behalf of the
  payer
  to a payment account held by the scheme on behalf of the payee, and card based transactions based on the same structure. When a three party payment card scheme licenses other payment service providers for the issuance and/or the acquiring of payment cards
  , or issues payment cards with a co-brand partner or through an agent
  , it is considered as a four party payment card scheme; |
| --- | --- |

(15)

‘three party payment card scheme’ means a payment card scheme in which payments are made from a payment account held by the scheme on behalf of the
  payer
  to a payment account held by the scheme on behalf of the payee, and card based transactions based on the same structure. When a three party payment card scheme licenses other payment service providers for the issuance and/or the acquiring of payment cards
  , or issues payment cards with a co-brand partner or through an agent
  , it is considered as a four party payment card scheme;

payer

, or issues payment cards with a co-brand partner or through an agent

Amendment 29

Amendment 29

Proposal for a regulation

Proposal for a regulation

Article 3 — title

Article 3 — title

| Text proposed by the Commission | Amendment |
| --- | --- |
| Interchange fees for
  cross-border
  consumer debit or credit card transactions | Interchange fees for consumer debit or credit card
  based payment
  transactions |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Interchange fees for
  cross-border
  consumer debit or credit card transactions

cross-border

Interchange fees for consumer debit or credit card
  based payment
  transactions

based payment

Amendment 30

Amendment 30

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 1

Article 3 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 1.   With effect from ... (*1), payment services providers shall not offer or request for debit transactions
  by card
  a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than
  the lower amount of 7 eurocents or
  0,2  % of the value of the transaction. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

two months after the entry into force of this Regulation

cross-border

card

1.   With effect from ... (*1), payment services providers shall not offer or request for debit transactions
  by card
  a per transaction interchange fee or other agreed remuneration with an equivalent object or effect of more than
  the lower amount of 7 eurocents or
  0,2  % of the value of the transaction.

*1

by card

the lower amount of 7 eurocents or

Amendment 31

Amendment 31

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2

Article 3 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 2.   With effect from ... (*2), payment services providers shall not offer or request for credit transactions
  by card
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

two months after the entry into force of this Regulation

cross-border

card

2.   With effect from ... (*2), payment services providers shall not offer or request for credit transactions
  by card
  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.

*2

by card

Amendment 32

Amendment 32

Proposal for a regulation

Proposal for a regulation

Article 3 — paragraph 2 a (new)

Article 3 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Member States may maintain or introduce lower caps or measures of equivalent object or effect through national legislation. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Member States may maintain or introduce lower caps or measures of equivalent object or effect through national legislation.

2a.

Member States may maintain or introduce lower caps or measures of equivalent object or effect through national legislation.

Amendment 33

Amendment 33

Proposal for a regulation

Proposal for a regulation

Article 4

Article 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| Article 4 | deleted |
| Interchange fees for all consumer debit or credit card transactions | |
| 1.
     
  With effect from two 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  % of the value of the transaction for any debit card based transactions. | |
| 2.
     
  With effect from two 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  % of the value of the transaction for any credit card based transactions. | |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 4

Article 4

deleted

deleted

Interchange fees for all consumer debit or credit card transactions

Interchange fees for all consumer debit or credit card transactions

1.
     
  With effect from two 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  % of the value of the transaction for any debit card based transactions.

1.

With effect from two 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  % of the value of the transaction for any debit card based transactions.

2.
     
  With effect from two 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  % of the value of the transaction for any credit card based transactions.

2.

With effect from two 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  % of the value of the transaction for any credit card based transactions.

Amendment 34

Amendment 34

Proposal for a regulation

Proposal for a regulation

Article 5

Article 5

| Text proposed by the Commission | Amendment |
| --- | --- |
| For the purposes of the application of the caps referred to in Article 3
  and Article 4
  , any net compensation received by an issuing
  bank from a
  payment
  card scheme
  in relation to payment transactions
  or related activities
  shall be treated as part of the interchange fee. | For the purposes of the application of the caps referred to in Article 3, any net compensation received by an issuing payment
  service provider
  in relation to payment transactions shall be treated as part of the interchange fee. |
| | Competent authorities shall prevent any attempts by the payment service providers to circumvent this Regulation, including the issuance of payment cards in third countries. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

For the purposes of the application of the caps referred to in Article 3
  and Article 4
  , any net compensation received by an issuing
  bank from a
  payment
  card scheme
  in relation to payment transactions
  or related activities
  shall be treated as part of the interchange fee.

and Article 4

bank from a

card scheme

or related activities

For the purposes of the application of the caps referred to in Article 3, any net compensation received by an issuing payment
  service provider
  in relation to payment transactions shall be treated as part of the interchange fee.

service provider

Competent authorities shall prevent any attempts by the payment service providers to circumvent this Regulation, including the issuance of payment cards in third countries.

Competent authorities shall prevent any attempts by the payment service providers to circumvent this Regulation, including the issuance of payment cards in third countries.

Amendment 35

Amendment 35

Proposal for a regulation

Proposal for a regulation

Article 6 — paragraph 4 a (new)

Article 6 — paragraph 4 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4a.
     
  Any restriction of the provision of payment-related services in payment card schemes rules shall be prohibited, unless it is non-discriminatory and objectively necessary to operate the payment scheme. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4a.
     
  Any restriction of the provision of payment-related services in payment card schemes rules shall be prohibited, unless it is non-discriminatory and objectively necessary to operate the payment scheme.

4a.

Any restriction of the provision of payment-related services in payment card schemes rules shall be prohibited, unless it is non-discriminatory and objectively necessary to operate the payment scheme.

Amendment 36

Amendment 36

Proposal for a regulation

Proposal for a regulation

Article 6 a (new)

Article 6 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | Article 6a |
| | Cross-border transactions |
| | For cross-border transactions, the interchange fee applicable shall be that of the country of the acquirer. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Article 6a

Article 6a

Cross-border transactions

Cross-border transactions

For cross-border transactions, the interchange fee applicable shall be that of the country of the acquirer.

For cross-border transactions, the interchange fee applicable shall be that of the country of the acquirer.

Amendment 37

Amendment 37

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 2

Article 7 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Payment card schemes shall allow for the possibility that authorisation and clearing messages of single card transactions be separated and processed by different processing entities. | 2.   Payment card schemes
  and issuers
  shall allow for the possibility that authorisation and clearing messages of single card transactions be separated and processed by different processing entities.
  Scheme rules and rules in licensing agreements or other contracts leading to a restriction on the freedom to choose a processor shall be prohibited. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Payment card schemes shall allow for the possibility that authorisation and clearing messages of single card transactions be separated and processed by different processing entities.

2.   Payment card schemes
  and issuers
  shall allow for the possibility that authorisation and clearing messages of single card transactions be separated and processed by different processing entities.
  Scheme rules and rules in licensing agreements or other contracts leading to a restriction on the freedom to choose a processor shall be prohibited.

and issuers

Scheme rules and rules in licensing agreements or other contracts leading to a restriction on the freedom to choose a processor shall be prohibited.

Amendment 38

Amendment 38

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 4

Article 7 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   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. | 4.   
  By ...

   (*3) 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. |
| | 4a.
     
  In order to ensure consistent harmonisation of this Article, EBA shall, after consulting an advisory panel as referred to in Article 41 of Regulation (EU) No 1093/2010, develop draft regulatory technical standards establishing requirements to be complied with by payment systems, payment schemes and processing entities to ensure a fully open and competitive card processing market. |
| | EBA shall submit those draft regulatory technical standards to the Commission by ...

   (*4) |
| | Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010. |
| | The requirements referred to in the first subparagraph shall enter into force by ...

   (*5)

  and shall be updated on a regular basis as appropriate. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   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.

4.   
  By ...

   (*3) 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.

By ...

*3

4a.
     
  In order to ensure consistent harmonisation of this Article, EBA shall, after consulting an advisory panel as referred to in Article 41 of Regulation (EU) No 1093/2010, develop draft regulatory technical standards establishing requirements to be complied with by payment systems, payment schemes and processing entities to ensure a fully open and competitive card processing market.

4a.

In order to ensure consistent harmonisation of this Article, EBA shall, after consulting an advisory panel as referred to in Article 41 of Regulation (EU) No 1093/2010, develop draft regulatory technical standards establishing requirements to be complied with by payment systems, payment schemes and processing entities to ensure a fully open and competitive card processing market.

EBA shall submit those draft regulatory technical standards to the Commission by ...

   (*4)

EBA shall submit those draft regulatory technical standards to the Commission by ...

*4

Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.

Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1093/2010.

The requirements referred to in the first subparagraph shall enter into force by ...

   (*5)

  and shall be updated on a regular basis as appropriate.

The requirements referred to in the first subparagraph shall enter into force by ...

*5

and shall be updated on a regular basis as appropriate.

Amendment 39

Amendment 39

Proposal for a regulation

Proposal for a regulation

Article 7 — paragraph 4 b (new)

Article 7 — paragraph 4 b (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 4b.
     
  Member States may exempt newly established card-based payment schemes from applying this Article for a limited period of time by way of derogation from Articles 1 to 4b after consulting the Commission. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4b.
     
  Member States may exempt newly established card-based payment schemes from applying this Article for a limited period of time by way of derogation from Articles 1 to 4b after consulting the Commission.

4b.

Member States may exempt newly established card-based payment schemes from applying this Article for a limited period of time by way of derogation from Articles 1 to 4b after consulting the Commission.

Amendment 40

Amendment 40

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1

Article 8 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 1.   Any schemes rules and rules in licensing
  agreements or measures of equivalent effect
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

agreements

1.   Any schemes rules and rules in licensing
  agreements or measures of equivalent effect
  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.

agreements or measures of equivalent effect

Amendment 41

Amendment 41

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 1 a (new)

Article 8 — paragraph 1 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 1a.
     
  When entering into a contractual agreement with a payment services provider, the consumer may decide to have two or more different brands of payment instruments on a payment card, telecommunication, digital or IT device. In good time before the contract is signed, the payment service provider shall provide the consumer with clear and objective information on all the payment brands available and their characteristics, including their functionality, cost and security. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1a.
     
  When entering into a contractual agreement with a payment services provider, the consumer may decide to have two or more different brands of payment instruments on a payment card, telecommunication, digital or IT device. In good time before the contract is signed, the payment service provider shall provide the consumer with clear and objective information on all the payment brands available and their characteristics, including their functionality, cost and security.

1a.

When entering into a contractual agreement with a payment services provider, the consumer may decide to have two or more different brands of payment instruments on a payment card, telecommunication, digital or IT device. In good time before the contract is signed, the payment service provider shall provide the consumer with clear and objective information on all the payment brands available and their characteristics, including their functionality, cost and security.

Amendment 42

Amendment 42

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 2

Article 8 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 2.   Any difference in treatment of issuers or acquirers in schemes rules and rules in licensing agreements concerning co-badging
  or equivalent co-residing of different brands or applications
  on a card, telecommunication, digital or IT device shall be objectively justified and non-discriminatory. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

2.   Any difference in treatment of issuers or acquirers in schemes rules and rules in licensing agreements concerning co-badging
  or equivalent co-residing of different brands or applications
  on a card, telecommunication, digital or IT device shall be objectively justified and non-discriminatory.

or equivalent co-residing of different brands or applications

Amendment 43

Amendment 43

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 3

Article 8 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 3.   Payment card schemes shall not impose reporting requirements, obligations to pay fees or
  similar
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

other

3.   Payment card schemes shall not impose reporting requirements, obligations to pay fees or
  similar
  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.

similar

Amendment 44

Amendment 44

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 4

Article 8 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 4.   Any routing principles
  or equivalent measures
  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
  or equivalent
  on a card, telecommunication, digital or IT device shall be non-discriminatory and shall be applied in a non-discriminatory manner. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

4.   Any routing principles
  or equivalent measures
  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
  or equivalent
  on a card, telecommunication, digital or IT device shall be non-discriminatory and shall be applied in a non-discriminatory manner.

or equivalent measures

or equivalent

Amendment 45

Amendment 45

Proposal for a regulation

Proposal for a regulation

Article 8 — paragraph 6

Article 8 — paragraph 6

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 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
  on
  equipment applied at the point of sale which limit the choice of application by the payer
  and the payee
  when using a co-badged payment instrument.
  Payees shall retain the option of installing automatic mechanisms in the equipment used at the point of sale which make a priority selection of a particular brand or application. However, payees shall not prevent the payer, for the categories of cards or related payment instruments accepted by the payee, from overriding an automatic priority selection made by the payee in its equipment
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

at

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
  on
  equipment applied at the point of sale which limit the choice of application by the payer
  and the payee
  when using a co-badged payment instrument.
  Payees shall retain the option of installing automatic mechanisms in the equipment used at the point of sale which make a priority selection of a particular brand or application. However, payees shall not prevent the payer, for the categories of cards or related payment instruments accepted by the payee, from overriding an automatic priority selection made by the payee in its equipment
  .

on

and the payee

Payees shall retain the option of installing automatic mechanisms in the equipment used at the point of sale which make a priority selection of a particular brand or application. However, payees shall not prevent the payer, for the categories of cards or related payment instruments accepted by the payee, from overriding an automatic priority selection made by the payee in its equipment

Amendment 46

Amendment 46

Proposal for a regulation

Proposal for a regulation

Article 9 — paragraph 1

Article 9 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Acquirers shall offer and charge payees individually specified merchant service charges for different categories and different brands of payment cards unless merchants request in writing acquiring payment services providers to charge blended merchant services charges. | 1.   Acquirers shall offer and charge payees individually specified merchant service charges for different categories and different brands of payment cards
  with different interchange fee levels
  unless merchants request in writing acquiring payment services providers to charge blended merchant services charges. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Acquirers shall offer and charge payees individually specified merchant service charges for different categories and different brands of payment cards unless merchants request in writing acquiring payment services providers to charge blended merchant services charges.

1.   Acquirers shall offer and charge payees individually specified merchant service charges for different categories and different brands of payment cards
  with different interchange fee levels
  unless merchants request in writing acquiring payment services providers to charge blended merchant services charges.

with different interchange fee levels

Amendment 47

Amendment 47

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 1

Article 10 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 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. | 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 interchange fee
  which, moreover, complies with the caps set under this Regulation
  . |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

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.

regulated

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 interchange fee
  which, moreover, complies with the caps set under this Regulation
  .

which, moreover, complies with the caps set under this Regulation

Amendment 48

Amendment 48

Proposal for a regulation

Proposal for a regulation

Article 10 — paragraph 4

Article 10 — paragraph 4

| Text proposed by the Commission | Amendment |
| --- | --- |
| 4.   
  Issuing
  payment service providers shall ensure that their payment instruments are
  visibly and
  electronically 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. | 4.   
  By ...

   (*6)

  , issuing
  payment service providers shall ensure that their payment instruments are electronically identifiable,
  and, in the case of their newly issued card-based payment instruments, also visibly identifiable
  , enabling payees
  and payers
  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. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

4.   
  Issuing
  payment service providers shall ensure that their payment instruments are
  visibly and
  electronically 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.

Issuing

visibly and

4.   
  By ...

   (*6)

  , issuing
  payment service providers shall ensure that their payment instruments are electronically identifiable,
  and, in the case of their newly issued card-based payment instruments, also visibly identifiable
  , enabling payees
  and payers
  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.

By ...

*6

, issuing

and, in the case of their newly issued card-based payment instruments, also visibly identifiable

and payers

Amendment 49

Amendment 49

Proposal for a regulation

Proposal for a regulation

Article 11 — paragraph 3

Article 11 — paragraph 3

| Text proposed by the Commission | Amendment |
| --- | --- |
| 3.   Paragraphs 1 and 2 are without prejudice to the rules on charges, reductions or other steering set out in Article 55 of
  the proposal COM (2013)547
  and in Article 19 of Directive 2011/83/EU (22). | 3.   Paragraphs 1 and 2
  of this Article
  are without prejudice to the rules on charges, reductions or other steering set out in Article 55 of
  Directive 2014/.../EU [PSD
  and in Article 19 of Directi (22). |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

3.   Paragraphs 1 and 2 are without prejudice to the rules on charges, reductions or other steering set out in Article 55 of
  the proposal COM (2013)547
  and in Article 19 of Directive 2011/83/EU (22).

the proposal COM (2013)547

22

3.   Paragraphs 1 and 2
  of this Article
  are without prejudice to the rules on charges, reductions or other steering set out in Article 55 of
  Directive 2014/.../EU [PSD
  and in Article 19 of Directi (22).

of this Article

Directive 2014/.../EU [PSD

22

Amendment 50

Amendment 50

Proposal for a regulation

Proposal for a regulation

Article 12 — paragraph 2 a (new)

Article 12 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  When entering into a contractual agreement with a payment services provider, the consumer shall also be provided with clear and objective periodical information about the payment characteristics and payment fees applied to payment transactions. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  When entering into a contractual agreement with a payment services provider, the consumer shall also be provided with clear and objective periodical information about the payment characteristics and payment fees applied to payment transactions.

2a.

When entering into a contractual agreement with a payment services provider, the consumer shall also be provided with clear and objective periodical information about the payment characteristics and payment fees applied to payment transactions.

Amendment 51

Amendment 51

Proposal for a regulation

Proposal for a regulation

Article 14 — paragraph 1

Article 14 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall lay down rules on
  the sanctions
  applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are applied.
  Such sanctions shall be
  effective, proportionate and dissuasive. | 1.   Member States shall lay down rules on
  penalties
  applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are applied.
  EBA may issue guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010 in order to ensure that those penalties are
  effective, proportionate and dissuasive. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall lay down rules on
  the sanctions
  applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are applied.
  Such sanctions shall be
  effective, proportionate and dissuasive.

the sanctions

Such sanctions shall be

1.   Member States shall lay down rules on
  penalties
  applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are applied.
  EBA may issue guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010 in order to ensure that those penalties are
  effective, proportionate and dissuasive.

penalties

EBA may issue guidelines in accordance with Article 16 of Regulation (EU) No 1093/2010 in order to ensure that those penalties are

Amendment 52

Amendment 52

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 1

Article 15 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| 1.   Member States shall establish adequate and effective out-of-court complaint and redress procedures for the settlement of disputes arising under this Regulation between payees and their payment service providers. For those purposes, Member States shall designate existing bodies, where appropriate, or establish new bodies. | 1.   Member States shall establish
  independent,
  adequate and effective out-of-court complaint and redress procedures for the settlement of disputes arising under this Regulation between payees and their payment service providers. For those purposes, Member States shall designate existing bodies, where appropriate, or establish new bodies.
  Payment service providers shall adhere to at least one alternative dispute resolution body. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

1.   Member States shall establish adequate and effective out-of-court complaint and redress procedures for the settlement of disputes arising under this Regulation between payees and their payment service providers. For those purposes, Member States shall designate existing bodies, where appropriate, or establish new bodies.

1.   Member States shall establish
  independent,
  adequate and effective out-of-court complaint and redress procedures for the settlement of disputes arising under this Regulation between payees and their payment service providers. For those purposes, Member States shall designate existing bodies, where appropriate, or establish new bodies.
  Payment service providers shall adhere to at least one alternative dispute resolution body.

independent,

Payment service providers shall adhere to at least one alternative dispute resolution body.

Amendment 53

Amendment 53

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2

Article 15 — paragraph 2

| Text proposed by the Commission | Amendment |
| --- | --- |
| 2.   Member States shall notify the Commission of those bodies by
  two years after the entry into force of this Regulation
  . They shall notify the Commission without delay of any subsequent change concerning those bodies. | 2.   Member States shall notify the Commission of those bodies by ... (*7). They shall notify the Commission without delay of any subsequent change concerning those bodies. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2.   Member States shall notify the Commission of those bodies by
  two years after the entry into force of this Regulation
  . They shall notify the Commission without delay of any subsequent change concerning those bodies.

two years after the entry into force of this Regulation

2.   Member States shall notify the Commission of those bodies by ... (*7). They shall notify the Commission without delay of any subsequent change concerning those bodies.

*7

Amendment 54

Amendment 54

Proposal for a regulation

Proposal for a regulation

Article 15 — paragraph 2 a (new)

Article 15 — paragraph 2 a (new)

| Text proposed by the Commission | Amendment |
| --- | --- |
| | 2a.
     
  Member States shall ensure that payment service providers participate in complaints procedures pursuant to paragraph 1. |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

2a.
     
  Member States shall ensure that payment service providers participate in complaints procedures pursuant to paragraph 1.

2a.

Member States shall ensure that payment service providers participate in complaints procedures pursuant to paragraph 1.

Amendment 55

Amendment 55

Proposal for a regulation

Proposal for a regulation

Article 16 — paragraph 1

Article 16 — paragraph 1

| Text proposed by the Commission | Amendment |
| --- | --- |
| Four 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, taking into account the use and cost of the various means of payments and the level of entry of new players
  and
  new technology on the market. | By ...

   (*8), the Commission shall
  submit
  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, taking into account the use and cost of the various means of payments and the level of entry of new players, new technology
  and innovative business models
  on the market.
  The assessment should, in particular, consider: |
| | (a) | the development of cardholder fees; |

Text proposed by the Commission

Text proposed by the Commission

Amendment

Amendment

Four 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, taking into account the use and cost of the various means of payments and the level of entry of new players
  and
  new technology on the market.

Four years after the entry into force of this Regulation

present

and

By ...

   (*8), the Commission shall
  submit
  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, taking into account the use and cost of the various means of payments and the level of entry of new players, new technology
  and innovative business models
  on the market.
  The assessment should, in particular, consider:

By ...

*8

submit

and innovative business models

The assessment should, in particular, consider:

(a)

(a)

the development of cardholder fees;

the development of cardholder fees;

| (b) | the level of competition among payment card providers and schemes; |
| --- | --- |

(b)

(b)

the level of competition among payment card providers and schemes;

the level of competition among payment card providers and schemes;

| (c) | the effects on costs for the payer and the payee; |
| --- | --- |

(c)

(c)

the effects on costs for the payer and the payee;

the effects on costs for the payer and the payee;

| (d) | the levels of merchant pass-through of the reduction in interchange levels; |
| --- | --- |

(d)

(d)

the levels of merchant pass-through of the reduction in interchange levels;

the levels of merchant pass-through of the reduction in interchange levels;

| (e) | the technical requirements and its implications for all the parties involved; |
| --- | --- |

(e)

(e)

the technical requirements and its implications for all the parties involved;

the technical requirements and its implications for all the parties involved;

| (f) | the effects of co-badging on user-friendliness, in particular for the elderly and other vulnerable users. |
| --- | --- |

(f)

(f)

the effects of co-badging on user-friendliness, in particular for the elderly and other vulnerable users.

the effects of co-badging on user-friendliness, in particular for the elderly and other vulnerable users.

The report by the Commission shall, if appropriate, be accompanied by a legislative proposal that may include a proposed amendment of the maximum cap for interchange fees.

The report by the Commission shall, if appropriate, be accompanied by a legislative proposal that may include a proposed amendment of the maximum cap for interchange fees.

---

(1)  The matter was referred back to the committee responsible for reconsideration pursuant to Rule 57(2), second subparagraph (A7-0167/2014).

1

(21)  Italy, Hungary, Poland and the United Kingdom.

21

(21)  Italy, Hungary, Poland and the United Kingdom.

21

(1a)  
  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

1a

Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

(*1)  
  One year after the date of entry into force of this Regulation.

*1

One year after the date of entry into force of this Regulation.

(*2)  
  One year after the date of entry into force of this Regulation.

*2

One year after the date of entry into force of this Regulation.

(*3)  
  One year after the date of entry into force of this Regulation.

*3

One year after the date of entry into force of this Regulation.

(*4)  
  Date...

*4

Date...

(*5)  
  Two years after the date of entry into force of this Regulation.

*5

Two years after the date of entry into force of this Regulation.

(*6)  
  One year after the date of entry into force of this Regulation
  .

*6

One year after the date of entry into force of this Regulation

(22)  Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights...

22

(22)  Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights
  , amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.

22

, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.

(*7)  
  Two months after the date of entry into force of this Regulation.

*7

Two months after the date of entry into force of this Regulation.

(*8)  
  Two years after the date of entry into force of this Regulation.

*8

Two years after the date of entry into force of this Regulation.

---