# CE2004084EN.01090401.xml

| 3.4.2004 | EN | Official Journal of the European Union | CE 84/904 |
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3.4.2004

EN

Official Journal of the European Union

CE 84/904

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(2004/C 84 E/0999)

WRITTEN QUESTION E-0893/04

by Werner Langen (PPE-DE) to the Commission

(22 March 2004)

Subject:   Costs of cross-border transfer payments

Subject:

At the beginning of July 2003, Regulation (EC) No 2560/2001 (1) of the European Parliament and of the Council on cross-border payments in euro entered into force, under which cross-border transfers within the euro zone must be treated in the same way as transfers within a Member State.

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In a specific case where a transfer was made from the Stadtsparkasse Köln to the Crédit Lyonnais, the receiving bank imposed a charge for the transfer even though the IBA number and BI code were stated.

As this is a violation of Regulation (EC) No 2560/2001:

| 1. | are banks — particularly receiving banks — permitted to impose transfer charges of their own despite the new regulation? |
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1.

are banks — particularly receiving banks — permitted to impose transfer charges of their own despite the new regulation?

| 2. | if not, can the amount be reclaimed? |
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2.

if not, can the amount be reclaimed?

| 3. | what action can the Commission take to deal with such cases? |
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3.

what action can the Commission take to deal with such cases?

Answer given by Mr Bolkestein on behalf of the Commission

(23 April 2004)

(23 April 2004)

According to Regulation (EC) No 2560/2001 of the Parliament and of the Council of 19 December 2001 on cross-border payments in euro, the charges levied by an institution in respect of cross-border electronic payment transactions in euro shall be the same as the charges levied by the same institution in respect of corresponding domestic payments in euro. This rule applies to electronic payment transactions (payments by card and withdrawals at cash dispensers) in euro up to EUR 12 500 from 1 July 2002 and to credit transfers from 1 July 2003.

This rule means that charges taken to the originator shall be the same as for a national payment. The same applies to charges taken to the beneficiary. In most countries, as a general rule, charges are not applied to the beneficiary. However, it may happen that, for specific operations (non standard payments like, for example, credit transfers where the originator has indicated that the beneficiary should take all the charges) the beneficiary is charged for a cross-border transfer. The charge may not be higher, however, than the corresponding national payment. The Commission issued an interpretative note on practical aspects of implementation of Article 3 of Regulation 2560/2001 and in particular the notion of ‘corresponding payments’ to eliminate any ambiguity in this respect and ensure a correct implementation of the Regulation.

The information given by the Honourable Member in his written question on the specific transfer made from the Stadtsparkasse Köln to the Crédit Lyonnais does not allow the Commission to conduct a more detailed analysis. Further information would be needed in this regard.

As regards the enforcement of the Regulation, national authorities should guarantee that it is applied adequately and consistently. Article 7 of the Regulation indicates that the compliance shall be guaranteed by effective, proportionate and deterrent sanctions. This does not prevent citizens from trying to get redress also from their bank directly.

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(1)  OJ L 344, 28.12.2001, p. 13.

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