Changes from plenary report to adopted text

(36) ‘technical service provider’ means a provider of services which support the provision of payment services, without entering at any time into possession of the funds to be transferred;

(37) ‘personalised security credentials’ means personalised features provided by the payment service provider to a payment service user for the purposes of authentication;

(38) ‘sensitive payment data’ means data which can be used to carry out fraud, including personalised security credentials;

(39) ‘unique identifier’ means a combination of letters, numbers or symbols specified by the payment service provider to the payment service user, or an uniquely linked proxy thereof, to be provided by the payment service user to identify unambiguously another payment service user or the payment account of that other payment service user for a payment transaction;

(40) ‘means of distance communication’ means a method which, without the simultaneous physical presence of the payment service provider and the payment service user, may be used for the conclusion of a payment services contract;

(41) ‘durable medium’ means any instrument which enables the payment service user to store information addressed personally to that payment service user in a way accessible for future reference for a period of time adequate to the purposes of the information and which allows the unchanged reproduction of the information stored;

(42) ‘microenterprise’ means an enterprise which at the time of conclusion of the payment service contract is an enterprise as defined in Article 1 and Article 2(1) and (3) of the Annex to Recommendation 2003/361/EC;

(43) ‘business day’ means a day on which the payment service provider of the payer or of the payee involved in the execution of a payment transaction is open for business to execute a payment transaction;

(44) ‘agent’ means a natural or legal person who acts on behalf of a payment institution in providing payment services, with the exclusion of electronic money services;

(45) ‘branch’ means a place of business other than the head office which is a part of a payment institution, which has no legal personality and which carries out directly some or all of the transactions inherent in the business of a payment institution; all of the places of business set up in the same Member State by a payment institution with a head office in another Member State shall be regarded as a single branch;

(46) ‘group’ means a group of undertakings that are linked to each other by a relationship as referred to in Article 22(1), (2) or (7) of Directive 2013/34/EU of the European Parliament and of the Council or undertakings as referred to in Articles 4, 5, 6 and 7 of Commission Delegated Regulation (EU) No 241/2014, which are linked to each other by a relationship as referred to in Article 10(1) or Article 113(6), first subparagraph, or 113(7), first subparagraph of Regulation (EU) No 575/2013;

(47) ‘digital content’ means goods or services which are produced and supplied in digital form, the use or consumption of which is restricted to a technical device and which do not include in any way the use or consumption of physical goods or services;

(48) ‘acquiring of payment transactions’ means a payment service provided by a payment service provider contracting with a payee to accept and process payment transactions, which results in a transfer of funds to the payee;

(49) ‘issuing of payment instruments’ means a payment service by a payment service provider contracting to provide a payer with a payment instrument to initiate and process the payer’s payment transactions;

(50) ‘electronic money’ means electronically, including magnetically, stored monetary value as represented by a claim on the issuer which is issued on the receipt of funds for the purpose of making payment transactions and which is accepted by other natural or legal persons than the issuer;

(51) ‘distributor’ means a natural or legal person that distributes or redeems electronic money on behalf of a payment institution;

(52) ‘electronic money services’ means the issuance of electronic money, the maintenance of payment accounts storing electronic money units, and the transfer of electronic money units;

(53) ‘commercial trade name’ means the name which is commonly used by the payee in the trade and marketing of its business to identify itself to the payer;

(54) ‘ATM deployer’ means operators of automated teller machines who do not hold payment accounts.

(55) ‘payment institution providing electronic money services’ means a payment institution which provides the services of issuance of electronic money, maintenance of payment accounts storing electronic money units, and transfer of electronic money units, whether or not it also provides any of the services referred to in Annex I.

(55a) ‘electronic communications service provider’ means any provider that falls within the scope of:

(a) Directive (EU) 2018/1972 (European electronic communications code); or

(b) Regulation (EU) 2022/2065 (Digital Services Act).

For the purpose of paragraph 1, point (39), the EBA, taking into account relevant market practices and different methods of identification used across the Union, shall develop draft regulatory technical standards setting out a comprehensive list of the methods that can be used as a unique identifier.

The EBA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by ... [12 months from the date of entry into force of this Regulation].

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

Scope

1. This Title applies to single payment transactions, framework contracts and payment transactions covered by those contracts. The parties to such single payment transactions, framework contracts and payment transactions covered by them may agree that this Title shall not apply in whole or in part where the payment service user is not a consumer.

2. Member States may apply this Title to microenterprises in the same way as to consumers.

3. Member States shall notify to the Commission the provisions of its law which it adopts pursuant to paragraph 2, by the date of application of this Regulation and, without delay, any subsequent amendment affecting them.

Currency and currency conversion

1. Payments shall be made in the currency agreed between the parties.

2. Where a currency conversion service is offered prior to the initiation of the payment transaction and where that currency conversion service is offered at an ATM, at the point of sale or by the payee, the party offering the currency conversion service to the payer shall disclose to the payer all charges and the exchange rate to be used for converting the payment transaction. Those charges shall include any mark-up over the latest available applicable foreign exchange rate issued by the relevant central bank. The information on charges and the exchange rate shall be made visible in a prominent and transparent manner prior to the authorisation of the payment transaction by the payer.

3. The payer shall be given the possibility to agree to the currency conversion service on that basis.

Information on additional charges or reductions

1. Where, for the use of a given payment instrument, the payee requests a charge or offers a reduction, the payee shall inform the payer thereof prior to the initiation of the payment transaction, in a clear, transparent and accessible format.

2. Where, for the use of a given payment instrument, the payment service provider or another party involved in the transaction requests a charge, it shall inform the payment service user thereof in a clear, transparent and accessible format, prior to the initiation of the payment transaction.

3. The payer shall only be obliged to pay for the charges referred to in paragraphs 1 and 2 if their full amount was made known prior to the initiation of the payment transaction.

Charges for information

1. Payment service providers shall not charge payment service users for providing information under this Title.

2. Payment service providers and payment service users may agree on charges for additional or more frequent information, or transmission by means of communication other than those specified in the framework contract, provided at the payment service user’s request.

3. Charges for information referred to in paragraph 2 shall be reasonable and proportionate in relation to the ▐actual costs.