20. Federal Law, which changes the Payment Services Act

The National Council has decided:

table of contents

Article 1	Accompanying measure to the Regulation of the European Union
Article 2	Amendment of the Payment Services Act

Article 1

This federal law is an accompanying measure to Regulation (EU) No 260/2012 laying down the technical requirements and the business requirements for credit transfers and direct debits in euros and amending Regulation (EC) No 924/2009 (OJ L 327, 30.4.2009, p. No. 22) and is intended to ensure that they become effective.

Article 2

Amendment of the Payment Services Act

The Payment Services Act-ZaDiG, BGBl. I n ° 66/2009, as last amended by the Federal Law BGBl. I No 35/2012, shall be amended as follows:

1. § 3 Z 9 reads:

" 9.		extrajudicial FIN-NET arbitration body: the out-of-court complaint and dispute settlement body pursuant to Article 83 of Directive 2007 /64/EC, pursuant to Article 13 of Directive 2009 /110/EC on the taking up, pursuit and prudential supervision of the activity of e-money institutions, amending Directives 2005 /60/EC and 2006 /48/EC, and repealing Directive 2000 /46/EC, OJ L 281, 23.11.2000, p. No. 7, pursuant to Article 11 of Regulation (EC) No 924/2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001, OJ L 267, 10.10.2001, p. No. OJ L 266, 09.10.2009, p. 11, as amended by Regulation (EU) No 260/2012, OJ L 327, 28.12.2012, p. No. 22 and Article 12 of Regulation (EU) No 260/2012 laying down the technical requirements and the business requirements for credit transfers and direct debits in euros and amending Regulation (EC) No 924/2009, OJ L 94, 30.4.2009, p. No. 22. in Austria, the Joint Schlichtungsstelle der Österreichischen Kreditwirtschaft (Joint Schlichtungsstelle der Österreichischen Kreditwirtschaft) is an Austrian member of FIN-NET; "

2. § 3 Final part reads:

"By the way, unless expressly stated otherwise in this Federal Act, the definitions of BWG, WAG 2007 as well as Regulation (EC) No 1287/2006, Regulation (EC) No 924/2009 and Regulation (EU) No 260/2012 apply."

(3) The following paragraph 7 is added to § 12:

"(7) A payment institution which provides payment services in accordance with paragraph 1 shall notify the FMA in writing of any change in the information referred to in § 13 (1) Z 2 to 5 at least one month prior to the implementation of this change."

4. § 59 (2) reads:

" (2) Weiters is the FMA responsible for the imposition of administrative penalties in the event of a breach of § § 26 to 33, § 35, § 37 (4), § 38 and § § 40 to 43 of this Federal Act, against Regulation (EC) No 924/2009 and against the Regulation (EU) No. 260/2012, by payment service providers pursuant to § 1 (3) (1) to (6) as well as by branches pursuant to § 12 and against Regulation (EC) No 1781/2006, by payment institutions pursuant to § 3 Z 4 lit. a or by branch offices in accordance with § 12. "

5. The following paragraphs 7 and 8 are added to § 59:

" (7) An application pursuant to Article 4 (4) of Regulation (EU) No 260/2012 for a temporary derogation from the requirements laid down in Article 4 (1) (b) of Regulation (EU) No 260/2012 shall be submitted to the FMA, provided that the applicant is domicated in the territory of the country. .

(8) In the proceedings pursuant to Article 4 (4) of Regulation (EU) No 260/2012, the FMA has to seek an expert statement from the National Bank of Oesterreichische Nationalbank concerning the existence of the conditions laid down in Article 4 (4) of Regulation (EU) No 260/2012. "

6. The following paragraph 8 is added to § 60:

" (8) Branch offices in accordance with § 12 shall be required to prescribe the minimum amount referred to in paragraph 4. The provisions of paragraphs 2 to 7 shall not apply to the measurement of costs for branches, but the FMA shall have the costs imposed on the branch offices in calculating the costs of the other institutions in the accounting unit I in accordance with Section 3. consideration. Article 19 (5) and (6) of the FMABG shall be applied in the event of the release of the costs, subject to the condition that:

1.		the advance payments are to be calculated at 100 vH of the lump sum; and
2.		shall be dismissed in the notice of costs only on the fixing of the flat-rate amount referred to in this paragraph, unless positive or negative difference amounts have to be taken into account as a result of late payment or overpayment of the taxable person. "

7. § 66 (3) reads:

" (3) The FMA has payment service users who are in breach of a payment institution in respect of § 17 or a payment service provider against a provision of the 3. the main item, against a provision of Regulation (EC) No 924/2009 or Regulation (EU) No 260/2012, indicate the possibility of a complaint with the out-of-court FIN-NET Schlichtungsstelle, stating its registered office and Address. "

8. § 68 reads:

" § 68. (1) Who, as a payment service provider, is contrary to Art. 3 or Article 4 (1) of Regulation (EC) No 924/2009

1.		higher charges for cross-border payments within the European Economic Area in euro of payment service users than for corresponding domestic payments at the same level and in the same currency, or
2.		charges a payment service user for the provision of information on its IBAN and the BIC,
If the action does not constitute the offence of a criminal offence within the jurisdiction of the courts or if it is threatened with a stricter penalty in accordance with other administrative penalties, an administrative surrender and is subject to the FMA a fine of up to 60 000 euros.

(2) Anyone who accepts it as a supplier of goods or as a service provider who accepts payments within the European Economic Area in respect of the invoicing of goods or services in the European Economic Area, contrary to Article 4 (4) of the Regulation (EC) No 924/2009 does not allow its customers to communicate its IBAN and BIC to its payment service provider, provided that the act does not constitute a criminal offence under the jurisdiction of the courts or, if it does not, other administrative criminal provisions with a stricter penalty are threatened, Administrative transgressing and is punishable by the FMA with a fine of up to 10 000 euros.

(3) Who, contrary to Article 4 (1) or (3) of Regulation (EC) No 924/2009, is not responsible for:

1.		on the account statements of his or her payment service user, or on a facility to make known the IBAN and the BIC, or
2.		to inform a payment service user of the IBAN and the BIC on request, or
3.		inform a payment service user in good time of an effective agreement on additional charges and on the amount of the charges that will be charged, because the payment service user is charged with the payment service provider for the execution of a cross-border payment
a)			without specifying the IBAN, or
b)			, unless provided for by the BIC, provided that Regulation (EU) No 260/2012 provides for:
		for the payment account in the other Member State, or
4.		the charges levied under Z 3 should be proportionate and aligned with the costs incurred,
If the action does not constitute the offence of a criminal offence within the jurisdiction of the courts or if it is threatened with a stricter penalty in accordance with other administrative penalties, an administrative surrender and is subject to the FMA a fine of up to 10 000 euros.

(4) Anyone who is contrary to Art. 6 or 7 of Regulation (EC) No 924/2009

1.		for a cross-border direct debit within the European Economic Area in euro executed before 1 November 2012, in the absence of a bilateral agreement between the payee's payment service provider and the payee's payment service provider, payment service provider of the payer shall charge the payee's payment service provider a higher multilateral interbank charge than 0.088 euros, or
2.		in the case of a domestic slavery, which shall be executed before 1 February 2017 and for which there is no bilateral agreement between the payment service provider of the payee and the payer's payment service provider,
a)			a higher than the multilateral interchange fee applied between the payment service provider of the payee and the payer's payment service provider for domestic slags carried out before 1 November 2009, or otherwise agreed pay off or do not pass on a reduction of the same, or
b)			in spite of the abolition of a multilateral interchange fee or otherwise agreed fee, such a charge shall be charged,
If the action does not constitute the offence of a criminal offence within the jurisdiction of the courts or if it is threatened with a stricter penalty in accordance with other administrative penalties, an administrative surrender and is subject to the FMA a fine of up to 60 000 euros.

9. According to § 68, the following § 68a is inserted:

" § 68a. (1) Those who violate the provisions of Regulation (EU) No 260/2012 by:

1.		contrary to Article 3, the payment service provider is not available; or
2.		Contrary to Article 4 (2), first sentence does not ensure that the technical interoperability of payment systems is ensured, or
3.		, contrary to Article 4 (2), second sentence, a business rule which restricts interoperability, or
4.		contrary to Article 4 (3), the settlement of a transfer or a direct debit is hindered by a technical obstacle, or
5.		in breach of Article 5 (1), (2), (4) or (7), or
6.		, contrary to Article 5 (1), (3), (5) or (6), or
7.		contrary to Article 5 (8) for a read-out operation referred to in that paragraph, or
8.		contrary to Article 8 for direct debits, a multilateral interchange fee per direct debit or any other agreed remuneration with a comparable objective or equivalent effect shall be applied, or
9.		contrary to Article 9 (1), as a payer, in which Member State the payment account of the payee is to be carried out, or
10.		contrary to Article 9 (2), as a payee, in which Member State the payment account of the payer is to be held,
If the action does not constitute the offence of a criminal offence within the jurisdiction of the courts or if it is threatened with a stricter penalty in accordance with other administrative penalties, an administrative surrender and is subject to the FMA a fine of up to 10 000 euros. An asset advantage that is achieved is to be declared forfeit by the FMA.

(2) The administrative penalty provisions referred to in paragraph 1 shall not apply to consumers. "

10. In accordance with § 75, the following § 75a is inserted:

" Section 75a. (1) By 1 February 2016, the requirements of Art. 6 (1) and (2) of Regulation (EU) No 260/2012 shall be suspended and administrative penalties in accordance with Section 68a (1) Z 5 and 6 shall not be imposed where the cumulative market share of credit transfers and Direct debits is less than 10 vH of the total number of credit transfers and direct debits (niche product). The market share shall be determined on the basis of the official payment statistics published annually by the ECB.

(2) Until 1 February 2016, the requirements of Art. 6 (1) and (2) of Regulation (EU) No 260/2012 shall be suspended and administrative penalties in accordance with Section 68a (1) Z 5 and 6 shall not be imposed where a payment at a point of sale with the aid of a Payment card is generated and leads to a direct debit on or from a payment account identified by BBAN or IBAN (Electronic Direct Debit). "

Section 76 (2) Z 3 reads as follows:

" 3.		Regulation (EC) No 924/2009 on cross-border payments in the Community and repealing Regulation (EC) No 2560/2001, OJ L 145, 31.5.2009, p. No. 11., as amended by Regulation (EU) No 260/2012 laying down the technical requirements and the business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009, OJ L 266, 31.10.2009, p. No. OJ L 94, 30.03.2012, p. 22;

12. The following Z 10 is added to Article 76 (2):

" 10.		Regulation (EU) No 260/2012 laying down the technical requirements and the business requirements for credit transfers and direct debits in euros and amending Regulation (EC) No 924/2009, OJ L 327, 30.4.2009, p. No. OJ L 94, 30.03.2012, p. 22.

(13) The following paragraph 9 is added to § 79:

" (9) § 3 Z 9, § 3 (final part), § 12 para. 7, § 59 para. 2, 7 and 8, § 60 para. 8, § 66 para. 3, § 68, § 68a, § 75a, § 76 para. 2 Z 3 and 10 in the version of the Federal Law BGBl. I n ° 20/2013 will enter into force on 1 February 2013. "

Fischer

Faymann