Changes from report parliamentary committee draft to plenary report

Added* Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).’.

AddedIn Article 3 of Regulation (EU) 2021/1230, the following paragraph 5 is added:

Added‘5. Paragraph 1 of this Article shall not apply where Article 5b(1) of Regulation (EU) No 260/2012 would require a payment service provider located in a Member State whose currency is not the euro, with respect to an instant credit transfer, to levy a charge which would be lower than the charge which would be levied, with respect to the same transfer, if paragraph 1 of this Article were to be applied.

AddedFor the purposes of the first subparagraph, an instant credit transfer means an instant credit transfer as defined in Article 2, point (1a) of Regulation (EU) No 260/2012 that is cross-border and in euro.’

AddedAmendment to Directive 98/26/EC

AddedIn Directive 98/26/EC, Article 2, point (b), is replaced by the following:

Added“(b) ‘institution’ shall mean any of the following entities where it participates in a system and is responsible for discharging the financial obligations arising from transfer orders within that system:

Added(i) a credit institution as defined in Article 4(1) of Directive 2006/48/EC of the European Parliament and of the Council, including the institutions listed in Article 2 of that Directive;

Added(ii) a payment institution as defined in Article 4, point (4), of Directive (EU) 2015/2366 of the European Parliament and of the Council*,

Added(iii) an electronic money institution as defined in Article 2, point (1), of Directive 2009/110/EC of the European Parliament and of the Council**;

Added(iv) an investment firm as defined in Article 4(1), point (1), of Directive 2014/65/EU***, excluding the institutions set out in Article 2(1) thereof;

Added(v) public authorities and publicly guaranteed undertakings; or

Added(vi) any undertaking whose head office is outside the Union and whose functions correspond to those of the institutions referred to in points (ii), (iii) and (iv) of this point.

AddedIf a system is supervised in accordance with national law and only executes transfer orders as defined in point (i), second indent, as well as payments resulting from such orders, a Member State may decide that undertakings which participate in such a system and which have responsibility for discharging the financial obligations arising from transfer orders within that system can be considered institutions, provided that at least three participants in that system fall within the categories listed in the first subparagraph of this point and that such a decision is warranted on grounds of systemic risk;

Added__________________

Added* 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, p. 35).

Added** Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267 10.10.2009, p. 7).

Added*** Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173 12.6.2014, p. 349).”.

AddedAmendment to Directive 2014/92/EU

AddedIn Directive 2014/92/EU, Article 2, point (20), is replaced by the following:

Added‘(20)‘credit transfer’ means a national or cross-border payment service for crediting a payee’s payment account with a payment transaction or a series of payment transactions from a payer’s payment account by the payment service provider which holds the payer’s payment account, based on an instruction given by the payer, and includes an instant credit transfer as defined in Article 2, point (1a), of Regulation (EU) No 260/2012.’

AddedMonitoring

AddedThe Commission shall monitor the development by the industry of a Union-wide set of rules and standards for the implementation of instant payments in euro. By ... [12 months after the entry into force of this amending Regulation], the Commission shall submit to the European Parliament and the Council a report on the development of such rules and standards. Where necessary, including in the case of slow progress, the Commission shall require EBA to develop draft regulatory technical standards for the specification of a Union-wide set of rules and standards for the implementation of instant payments in euro.

AddedTransposition

AddedMember States shall adopt, publish and apply, by … [18 months after the date of entry into force of this amending Regulation as regards instant credit transfers in euro], the laws, regulations and administrative provisions necessary to comply with Article 2a. They shall immediately communicate the text of those measures to inform the Commission thereof.

AddedWhen Member States adopt those measures, they shall contain a reference to this Regulation or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

AddedThis Regulation shall enter into force the twentieth day following that of its publication in the Official Journal of the European Union.

AddedThis Regulation shall be binding in its entirety and directly applicable in all Member States.

AddedDone at Brussels,

AddedFor the European Parliament For the Council

AddedThe President The President