Amendment Of The Payment Services Act

Original Language Title: Änderung des Zahlungsdienstegesetzes

Read the untranslated law here: https://www.global-regulation.com/law/austria/2996800/nderung-des--zahlungsdienstegesetzes.html

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20 federal law that modifies the payment services act

The National Council has decided:

Table of contents article 1 accompaniment to the regulation of the European Union article 2 amendment to the payment Services Act article 1

This federal law is an accompanying measure to the Regulation (EU) No. 260/2012 establishing the technical requirements and the business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No. 924/2009 (OJ No. L 94 of the 30.03.2012, p. 22) and serves the be.

Article 2

Amendment of the payment services act

The payment Services Act - ZaDiG, Federal Law Gazette I no. 66/2009, last amended by Federal Law Gazette I no. 35/2012, is amended as follows:

1 paragraph 3 Z 9: "9 out-of-court FIN-NET conciliation: the out-of-court complaint and dispute settlement body in accordance with article 83 of Directive 2007/64/EC, in accordance with article 13 of the directive 2009/110/EC 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" No. L 267 of October 10, 2009 p. 7, in accordance with article 11 of Regulation (EC) No. 924/2009 on cross-border payments in the community and repealing Regulation (EC) No. 2560/2001, OJ No. L 266 of Oct 9, 2009 p. 11, as amended by the Regulation (EU) No. 260/2012, OJ No. L 94 of the 30.03.2012 p. 22 and in accordance with article 12 of the Regulation (EU) No. 260/2012 establishing the technical requirements and the business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No. 924/2009, OJ No. L 94 of the 30.03.2012 p. 22, is in Austria the joint conciliation Board of the Austrian banking industry as Austrian member of FIN-NET;"

2. paragraph 3 final part: "indeed apply the term provisions of the BWG, save as provided in this federal law not expressly intended, the WAG 2007 and Regulation (EC) no 1287/2006, Regulation (EC) no 924/2009 and Regulation (EU) No. 260/2012."

3. § 12 the following paragraph 7 is added:

"7. a payment institution which provides payment services referred to in paragraph 1, the FMA has each change of data according to article 13, paragraph 1 Z 2 to 5 at least one month prior to the implementation of this change in writing to show."

4. paragraph 59 paragraph 2:

"(2) Furthermore the FMA is responsible for the imposition of administrative fines for failure to comply with articles 26 and 33, § 35, § 37 para 4, § 38 and sections 40 to 43 of this Federal Act, the Regulation (EC) No. 924/2009 and the Regulation (EU) No. 260/2012, by payment in accordance with § 1 para 3 Z 1 to 6, as well as through branch offices in accordance with §12 and to Regulation (EC) No. 1781/2006" , by payment institutions in accordance with § 3 No. 4 lit. "a or through branch offices in accordance with § 12."

5. the section 59 be attached following paragraph 7 and 8:

"(7) an application referred to in article 4 paragraph 4 of Regulation (EU) No. 260/2012 on temporary derogation from the requirements laid down in article 4 paragraph 1 point (b) of Regulation (EU) No. 260/2012 is to the FMA, as long as the applicant has established in the domestic."

"(8) which has the FMA in the procedure referred to in article 4 paragraph 4 of Regulation (EU) No. 260/2012 an expert statement of the Austrian National Bank on the existence of the conditions referred to in article 4 paragraph 4 of the Regulation (EU) No. 260/2012 to catch up."

6 the following paragraph 8 is added to § in 60:

"According to § 12 the minimum amount referred to in paragraph 4 is (8) branch offices to prescribe. The para 2 through 7 are not to apply to the calculation of costs for branch offices, however, the FMA has to consider the costs imposed on the branches when determining the cost of the other institutions in the accounting group I in accordance with paragraph 3 according to. "Article 19, par. 5 and 6 FMABG is to apply when the issue of the cost assessment notices with the proviso that the advance payments each with 100 vH of the lump sum to measure are 1 and denying is 2nd in the cost decision only on the fixing of the lump sum in accordance with this paragraph, if not positive or negative differences on the basis of default of payment or overpayment of pay are taken into account."

7 paragraph 66 paragraph 3:

"(3) the FMA has payment service users, a violation of a payment institution against section 17 or a payment against a provision of the 3 main section, against a provision of the Regulation (EC) No. 924/2009 or the Regulation (EU) No. 260/2012 to display bring to refer conciliation office under their seat and address the possibility of a complaint to the extrajudicial FIN-NET."

8 paragraph 68:

"68 (1) who as a payment contrary to article 3 or article 4 paragraph 1 of Regulation (EC) No. 924/2009 1 for cross-border payments within the European economic area in euro higher fees charged to payment service users as for corresponding domestic payments in the same amount and in the same currency, or 2. a payment service user for providing information about his IBAN and the BIC a charge" , commits, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts or to other administrative penal provisions with stricter punishment is, an administrative offence and is to punish with a fine up to 60 000 euro by the FMA.

(2) a person who accepts it as a supplier of goods or a service provider, the payments within the European economic area, when the invoice for goods or services in the European economic area, contrary to article 4 para. 4 of Regulation (EC) No. 924/2009 omits to inform his customer his IBAN and the BIC of his payment service provider, commits, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts or is threatened after other administrative penal provisions with more severe penalty , an administrative offence and is to punish the FMA with a fine up to €10 000.

(3) a person who violates article 4 No. 924/2009 neglects paragraph 1 or paragraph 3 of Regulation (EC) to announce 1 on the account statements of its payment service user or on a plant to the IBAN and the BIC or one 2 a payment service user on request to communicate his IBAN and the BIC, or 3. to inform payment service users in a timely manner before legally effective agreement on additional charges and the amount of , who will be charged, because the payment service user the payment the order for the execution of a cross-border payment of a) without specifying the IBAN, or b) without indication of the BIC, unless in accordance with the Regulation (EU) No. 260/2012 provided, given the payment account in the other Member State, or commits the fees collected under no. 3 appropriate and aligned to the costs incurred to make 4. , unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts or to other administrative penal provisions with stricter punishment is, an administrative offence and is to punish the FMA with a fine up to €10 000.

(4) who contrary to article 6 or 7 of Regulation (EC) No. 924/2009 1 for a cross-border direct debit within the European economic area in euro, which was carried out prior to November 1, 2012, in the absence of a bilateral agreement between the payment service provider of the payee and the payer's payment service provider charged a higher multilateral interchange fee than 0.088 euro the payment service provider of the payee or 2nd for a domestic direct debit , which is executed before 1 February 2017 and there is no bilateral agreement between the payment service provider of the payee and the payer's payment service provider for which a) greater than that between the payee's payment service provider and the payment service provider of the payer for domestic direct debits before November 1, 2009 running applied multilateral interchange fee or other agreed remuneration charged or a reduction of the same will not disclose , or b) despite the abolition of multilateral interbank bank fee or otherwise agreed payment amount such a charged, commits, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts or is threatened after other administrative penal provisions with more severe penalty, an administrative offence and is to be punished by the FMA with a fine up to 60 000 euro.

9. after section 68, 68a the following section is inserted:

"§ 68a. (1) a person who violates the provisions of Regulation (EU) violates no. 260/2012 by 1. contrary to article 3 as a payment service provider is unavailable or para 2 first sentence does not ensure 2. contrary to article 4, ensuring technical interoperability of payment systems, or 3. contrary to article 4, second sentence, a business rule decides para 2, which limited the interoperability, or 4. contrary to article 4 the processing of a transfer or a direct debit by a technical obstacle hinders para 3 , or 5. contrary to article 5 runs a transfer para 1, 2, 4, or 7, or a direct debit runs 6 contrary to article 5 par. 1, 3, 5, or 6, or 7.

contrary to article 5, paragraph 8 for a listed selection process shall levy a charge, or a multilateral interchange fee per direct debit or other agreed compensation with similar purpose or comparable effect collects 8 contrary to article 8 for direct debits, or 9 contrary to article 9 paragraph 1 as the payer are before Member State in which the payee's payment account is, or pretends 10 contrary to article 9 paragraph 2 as payee that Member State in which the payer's payment account is to lead, commits an administrative offence, unless the Act constitutes not a criminal offence falling within the jurisdiction of the courts or is threatened after other administrative penal provisions with more severe penalty and is to be punished up to EUR 10 000 from the FMA with a fine. A pecuniary benefit achieved is to explain by the FMA as forfeited.

(2) the administrative penal provisions referred to in paragraph 1 are not applicable to consumers."

10. According to paragraph 75, 75a the following is inserted:

"75a. (1) until 1 February 2016 the requirements of article 6 are exposed to no. 260/2012 paragraphs 1 and 2 of Regulation (EU) and administrative penalties pursuant to section 68a para 1 No. 5 and 6 are not to impose, if the cumulative market share of credit transfers and direct debits in 10% of the total number of credit transfers and direct debits (niche). The market share is to determine on the basis of official pay statistics annually published by the ECB.

"(2) until 1 February 2016 the requirements of article 6 are exposed to no. 260/2012 paragraphs 1 and 2 of Regulation (EU) and administrative penalties pursuant to section 68a para 1 No. 5 and 6 are not to impose if a payment at a retail outlet with the help of a payment card is generated and to a direct debit on an or leads from one (electronic direct debit procedure) by BBAN or IBAN identified payment account."

11 § 76 para 2 No. 3 is: "3. Regulation (EC) No. 924/2009 on cross-border payments in the community and repealing Regulation (EC) No. 2560/2001, OJ" No. L 266 of Oct 9, 2009, p. 11, as amended by the Regulation (EU) No. 260/2012 establishing the technical requirements and the business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No. 924/2009, OJ No. L 94 of the 30.03.2012, S. 22;"

12. the section 76, paragraph 2 following Z 10 is appended: "10 Regulation (EU) No. 260/2012 establishing the technical requirements and the business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No. 924/2009, OJ" No. L 94 of the 30.03.2012, p. 22."

13 the following paragraph 9 is added to article the 79:

"(9) § 3 Z 9, § 3 (final part), section 12 paragraph 7, article 59, paragraph 2, 7 and 8, § 60 paragraph 8, article 66, para. 3, § 68, § 68a, 75a, § 76 para 2 Nos. 3 and 10 in the version of Federal Law Gazette I no. 20/2013 with 1 February 2013 into force."

Fischer

Faymann