Notification of agreements (Case COMP/D-1/38.606 — Groupement des Cartes bancaires) (Text with EEA relevance)
Date: 2003-04-03
Institutions: European Commission
Subjects: banking, electronic money, exchange of information, interest group, regulation of transactions

3.4.2003

EN

Official Journal of the European Union

C 80/13

NOTIFICATION OF AGREEMENTS

(Case COMP/D-1/38.606 — Groupement des Cartes bancaires)

(2003/C 80/04)

(Text with EEA relevance)

1.
On 31 January 2003 the Commission received notifi-
cation pursuant to Articles 2 and 4 of Council Regulation
No 17 from the Groupement des Cartes Bancaires, an
economic interest grouping under French law (hereinafter the
Group), of certain changes to the rules applicable to banks that
are members of
the
the Group concerning,
membership fee to be paid by new members and establishing
a ‘mechanism for regulating the acquisition function’ (MERFA).

in particular,

2.
The Group is an inter-bank body responsible among
other things for managing the card payment system known
as ‘CB’ and for defining the relevant rules.

3.
The changes which were adopted on 8 November 2002
by the Group's Board of Directors (consisting of the eleven
banks which set up the CB system) and notified to members
of the Group with a view to their entry into force on 1 January
2003, were approved on 20 December 2002 by the General
Meeting. They include:

— a financial device known as the ‘mechanism for regulating
the acquisition function’
(MERFA), which operates as
follows: a bank that issues CB cards without engaging in
the acquisition of CB transactions with regard to retailers or
without operating automated teller machines available to
holders of CB cards will be charged EUR 11 a year per
active CB payment card and EUR 3 a year per active CB
cash withdrawal card. A bank that engages in payment or
cash withdrawal business but whose acquisition business is
significantly
activity
(compared to the business concluded by all the banking
the Group) will be charged an amount
members of
varying from EUR 0 to EUR 11 per active CB payment
card and between EUR 0 and EUR 3 per active CB cash
withdrawal
their
acquisition business compared to their issuing business.
The amounts levied under MERFA will be redistributed to
the banks that are not subject to the MERFA, according to
their contribution to acquisition business in the CB system;

card, depending on the

extent of

than its

extensive

issuing

less

— a fee of EUR 12 (excluding VAT) per CB card issued in
the three years following membership of the Group;

— only for new members that triple the number of CB
cards issued between the end of their third year of
membership and the end of
sixth year of
membership, a fee of EUR 12 (excluding VAT) per
card issued in excess of the number which represents
the tripling;

their

— a new fee applicable to Group members at 31 December
2002 that significantly increase their business in issuing
active CB card over a three-year period from 1 January
2003 (known as sleeping members). The amount to be
if an index
paid is calculated by applying a formula:
reflecting the share of a member bank in the total
is more than three times
number of CB cards issued,
another index, established three years earlier,
the bank
will pay EUR 12 per card issued in excess of the number
representing a tripling of the index;

— remodelling of the method for calculating members' voting
rights within the Group and their rights to the Group's
assets. The rights will in future be calculated on the basis
their volume of business in the CB system over a
of
than a one-year period, as
seven-year period rather
previously.

The Group claims that the notified agreements take better
4.
account of the actual contributions of
its members to the
development of the CB system. To that end, it states, MERFA
will encourage Group members to expand their acquisition
activities. According to the Group, acquisition activities create
more positive externalities than issuing activities do.

— a change in the membership fee applicable to new
members of the Group. The fee, previously a single lump
sum of EUR 38 000 (excluding VAT), now consists of
three elements:

5.
After preliminary examination, the Commission finds that
the notified agreement could fall within the scope of Regu-
lation 17.

— a lump sum of EUR 50 000 (excluding VAT);

6.
The Commission invites interested third parties to submit
to it any comments they may have on the proposed agreement.

C 80/14

EN

Official Journal of the European Union

3.4.2003

Comments should reach the Commission not later than
7.
thirty days following the date of publication of this notice.
They may be sent, under reference number COMP/D-1/38.606
— Groupement
((32-2)
by
des Cartes Bancaires,
296 98 07), or by post to the following address:

fax

European Commission
Directorate-General for Competition
Directorate D
Unit D-1 (Financial services)
B-1049 Brussels.

Conclusion of a Memorandum of Understanding with Slovenia on its participation in the
Community Programmes MEDIA Plus and MEDIA-Training

(2003/C 80/05)

On 25 March 2003 the Memorandum of Understanding between the European Commission, on behalf of
the European Community, and the Government of Slovenia on Slovenia's participation in the Community
Programmes MEDIA Plus and MEDIA-Training has been signed.

The full text in English of the Memorandum of Understanding can be found on the following web page:

http://europa.eu.int/comm/avpolicy/media/enlarg_en.html