# CE2004078EN.01035402.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/354 |
| --- | --- | --- | --- |

27.3.2004

EN

Official Journal of the European Union

CE 78/354

---

(2004/C 78 E/0373)

WRITTEN QUESTION P-0327/03

by Helena Torres Marques (PSE) to the Commission

(5 February 2003)

Subject:   Implementation of Regulation (EC) No 2560/2001 on crossborder payments in euro

Subject:

Implementation of Council and European Parliament Regulation (EC) No 2560/2001 (1) is causing a number of problems with particular regard to the drawing of money within the euro zone by means of cards issued in Portugal which are both credit and debit cards.

1

In Portugal the use of such a card in order to draw money attracts no charge, yet the act of drawing EUR 100 in Brussels (for example) incurs EUR 1,83 in commission paid to third parties, EUR 3 in commission paid to the Portuguese bank which issued to the card and EUR 0,19 in stamp duty.

Can the Commission answer the following:

| — | given that Regulation (EC) No 2560/2001 exists, is such a situation legal; |
| --- | --- |

—

given that Regulation (EC) No 2560/2001 exists, is such a situation legal;

| — | is it possible for two separate bank commissions to be levied in respect of one and the same transaction; |
| --- | --- |

—

is it possible for two separate bank commissions to be levied in respect of one and the same transaction;

| — | if such a practice is illegal, what sanctions can be imposed (and by whom?) on the perpetrators thereof? |
| --- | --- |

—

if such a practice is illegal, what sanctions can be imposed (and by whom?) on the perpetrators thereof?

Answer given by Mr Bolkestein on behalf of the Commission

(11 March 2003)

(11 March 2003)

Regulation (EC) No 2560/2001 (2) establishes the principle of equality of charges between national payments and cross-border payments in euro. This applies to electronic payment transactions in euro up to EUR 12 500 as of 1 July 2002 and will apply to credit transfers from 1 July 2003 onwards.

2

Article 3 of the Regulation specifies that charges for cross border payments have to be the same as those for ‘corresponding national payments’. This means that, if one takes the example of a debit card, the same charges shall apply to a payment made in the Member State where the issuing bank is located and a payment made in another Member State.

In the case of a multi-functional card (e.g. both credit and debit operations are possible) the reasoning is the same. For the same function (e.g. debit or credit), the use of such a card should attract the same charges as those in the Member State where it has been issued. However, the Honourable Member does not give sufficient information in order to establish whether, in this case, there is an incorrect application of the Regulation.

In case of non-respect of the Regulation, Article 7 foresees that there should be ‘effective, proportionate and deterrent’ sanctions, which naturally have to be applied by the national bodies having such competence. As regards the competent body in Portugal, the Commission has requested this information but has not yet received a reply.

---

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

1

(2)  Regulation (EC) No 2560/2001 of the Parliament and of the Council of 19 December 2001 on cross-border payments in euro.

2

---