Corrigendum to Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010 and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015)
Date: 2018-04-23
Institutions: Council of the European Union, European Parliament
Subjects: approximation of laws, electronic banking, electronic money, financial institution, financial legislation, financial services, intra-EU payment, payment, service, single market




L_2018102EN.01009701.xml










23.4.2018   


EN


Official Journal of the European Union


L 102/97







Corrigendum to Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010 and repealing Directive 2007/64/EC

(
Official Journal of the European Union L 337 of 23 December 2015
)


On page 42, recital 47, third sentence:
for:

               ‘… Such an approach is in line with the rationale of Special Recommendation VI of the Financial Action Task Force on Money Laundering which provides for a mechanism whereby payment service providers who are unable to meet all of the conditions set out in that Recommendation may nevertheless be treated as payment institutions. …’,
read:

               ‘… Such an approach is in line with the rationale of Recommendation 14 of the Financial Action Task Force on Money Laundering which provides for a mechanism whereby payment service providers who are unable to meet all of the conditions set out in that Recommendation may nevertheless be treated as payment institutions. …’;
on page 62, Article 5(2):
for:

               ‘… liabilities as specified in Articles 73, 89, 90 and 92.’,
read:

               ‘… liabilities as specified in Articles 73, 90 and 92.’;
on page 86, Article 52, point (5)(f):
for:

               ‘… payment transactions in accordance with Article 89;’,
read:

               ‘… payment transactions in accordance with Articles 89 and 90;’;
on page 89, Article 61(1), first sentence:
for:

               ‘… payment service provider may agree that Article 62(1), Article 64(3), and Articles 72, 74, 76, 77, 80 and 89 …’
            
read:

               ‘… payment service provider may agree that Article 62(1), Article 64(3), and Articles 72, 74, 76, 77, 80, 89 and 90 …’;
on page 89, Article 62(1), first sentence:
for:

               ‘… unless otherwise specified in Article 79(1), Article 80(5) and Article 88(2).’,
read:

               ‘… unless otherwise specified in Article 79(1), Article 80(5) and Article 88(4).’;
on page 97, Article 76(1), fourth subparagraph:
for:

‘Without prejudice to paragraph 3, Member States shall ensure that, in addition to the right referred to in this paragraph, for direct debits as referred to in Article 1 of Regulation (EU) No 260/2012, the payer has an unconditional right to a refund within the time limits laid down in Article 77 of this Directive.’,

read:

‘Without prejudice to paragraph 3 of this Article, Member States shall ensure that, in addition to the right referred to in the first subparagraph of this paragraph, for direct debits as referred to in Article 1 of Regulation (EU) No 260/2012, the payer has an unconditional right to a refund within the time limits laid down in Article 77 of this Directive.’

on page 103, Article 89(2) fourth subparagraph, first sentence:
for:

               ‘In the case of a non-executed or defectively executed payment transaction for which the payee's payment service provider is not liable under the first and second subparagraphs, the payer's payment service provider shall be liable to the payer. …’,
read:

               ‘In the case of a non-executed or defectively executed payment transaction for which the payee's payment service provider is not liable under the first and third subparagraphs, the payer's payment service provider shall be liable to the payer. …’;
on page 103, Article 92(1), first sentence:
for:


‘1.   Where the liability of a payment service provider under Articles 73 and 89 is attributable to another payment service provider or to an intermediary, that payment service provider or intermediary shall compensate the first payment service provider for any losses incurred or sums paid under Articles 73 and 89. …’,


read:


‘1.   Where the liability of a payment service provider under Articles 73, 89 and 90 is attributable to another payment service provider or to an intermediary, that payment service provider or intermediary shall compensate the first payment service provider for any losses incurred or sums paid under Articles 73, 89 and 90. …’;


on page 107, Article 99(1):
for:


‘1.   Member States shall ensure that procedures are set up which allow payment service users and other interested parties including consumer associations, to submit complaints to the competent authorities with regard to payment service providers' alleged infringements of this Directive.’,


read:


‘1.   Member States shall ensure that procedures are set up which allow payment service users and other interested parties including consumer associations, to submit complaints to the competent authorities with regard to payment service providers' alleged infringements of the provisions of national law implementing the provisions of this Directive.’;


on page 109, Article 102(1), second sentence:
for:

               ‘… Member States shall ensure that ADR procedures are applicable to payment service providers and that they also cover the activities of appointed representatives.’,
read:

               ‘… Member States shall ensure that ADR procedures are applicable to payment service providers.’;
on page 110, Article 107(1):
for:

               ‘… the second subparagraph of Article 74(1) …’,
read:

               ‘… the fourth subparagraph of Article 74(1) …’.