Law On Payment Services (1)

Original Language Title: Loi relative aux services de paiement (1)

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Posted the: 2010-01-15 Numac: 2009011539 SERVICE PUBLIC FÉDÉRAL ÉCONOMIE, P.M.E., CLASSES averages and energy 10 December 2009. -Law on services of payment (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: title I:. -General provisions Chapter 1. -Disposition introductory Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
It partially transposes Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 concerning the payment services in the internal market, amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC.
CHAPTER 2. -Definitions and scope article 2. for the purposes of this Act, shall mean: 1 ° "payment service": any service, offered for sale as part of a professional activity, hereinafter referred to as: has) services allowing to pay cash on a payment account and all transactions requires the management of a payment account;

b) services allowing to withdraw cash from a payment account and the operations requires a payment account management;
c) execution of payment transactions, including transfers of funds on a payment account with the user's payment service provider or with another payment service provider:-execution of direct debits;

-execution of payment transactions through a payment card with a similar device;

-execution of credit transfers, including standing orders for payment.
(d) execution of payment transactions where the funds are covered by a credit agreement granted to the user of payment services:-the execution of direct debits;
-execution of payment transactions through a payment card with a similar device;
-execution of credit transfers, including standing orders for payment.
e) issuing and/or acquiring of payment instruments;
(f) transmission of funds);
(g) execution of payment transactions where the consent of the payer to a payment transaction is given by means of any telecommunication, digital or it device and the payment is sent to the operator of the system or the telecommunications network or computer, acting only as an intermediary between the payment service user and the supplier of goods or services;
2 ° "payment service provider": any legal entity which provides payment services to a user of payment services and which meets the requirements of one of the institutions listed below: a) credit institutions established in Belgium referred to in article 1, paragraph 2, 1 ° of the law of 22 March 1993 on the status and control of credit institutions and credit institutions established in accordance with the law of another EEA Member State
European which applies the scheme of section 66 of the Act;
b) electronic money institutions established in Belgium referred to in article 1, paragraph 3, 2 °, of the law of 22 March 1993 on the status and control of credit institutions and electronic money institutions constituted in accordance with the law of another Member State of the European economic area to which the section applies 66bis of the Act;
c) La Poste SA under public law;
d) payment institutions: legal persons who are authorised to provide payment services in accordance with the law of December 21, 2009 relating to the status of payment institutions, the access to the activity of payment service provider and access to payment systems;
e) the National Bank of Belgium and the European Central Bank, when they are not acting as monetary authority or other public authority;
f) Federal, regional and local authorities Belgian provided that they are entitled to do so under legislation which regulates their mission or their statutes and do not act as public authority.

The person who provides as part of its regular business or professional payment services to a user of payment services without an approval or authorization required remains however subject to the mandatory provisions of this Act;
3 ° 'payment service user': the natural or legal person who uses a payment as a paying service, beneficiary or both;
4 ° "payer": the natural or legal person who holds a payment account and which authorizes a payment from this account of payment order, or, the natural or legal person who, in the absence of payment account, gives a payment order;
5 ° 'beneficiary': provided the physical or legal person who is the recipient of funds which have been the subject of a payment transaction;
6 ° "payment transaction": action, initiated by the payer or the recipient of pay, transfer or withdraw funds, irrespective of any underlying obligations between the payer and the beneficiary;
7 ° "payment order": any statement of a payer or recipient to its service provider of payment requesting the execution of a payment transaction;
8 ° "payment account": an account which is held on behalf of one or several users of payment services and which is used for the purpose of execution of payment transactions;
9 ° "Fund": the banknotes and coins, scriptural money and electronic money within the meaning of article 3, § 1, 7 °, of the law of 22 March 1993 on status and control of credit institutions, supplemented by the law of 25 February 2003;
10 ° "payment instrument": any device custom and/or set of procedures agreed between the payment service user and the payment service provider and the payment service user resorted to initiate a payment order;
11 ° "authentication": a procedure enabling the payment service provider to verify the use of a given payment instrument, including its safety devices custom;
12 ° "identifying unique»: the combination of letters, figures or symbols indicated in the user of payment services by the payment service provider, the payment service user must provide to identify some of the other user of payment and/or services of its payment to a payment transaction account;
13 ° "domiciliation": a payment service to debit the account of payment of a payer, when a payment transaction is initiated by the payee on the basis of the consent given by the payer to the recipient, at the provider of payment service of the beneficiary or own the payer's payment service provider;
14 ° 'transmission of funds': a service of payment by which funds are received from a payer, without creating accounts for payment on behalf of the payer or the payee, for the sole purpose of transferring a corresponding amount to a beneficiary or another provider of payment services acting on behalf of the beneficiary, and/or where such funds are received on behalf of the beneficiary and made available;
15 ° "payment system": a system to transfer funds, governed by standardized formal procedures and common rules for the processing, clearing and/or settlement of payment transactions;
16 ° 'framework contract': a contract of payment services that governs the future execution of individual and successive payment transactions and shall set forth the obligations and the conditions related to the opening of a payment account;
17 ° "business day": a day in which the payer's payment service provider or the provider of the beneficiary payment services involved in the execution of a payment transaction is accessible to exercise an activity to perform payment transactions;
18 ° "date value": the reference date used by a payment service provider to calculate interest on the debited payment account or credited funds on a payment account;
19 ° "reference exchange rate": the rate of Exchange which serves as base to calculate foreign exchange transactions and which is made available by the payment service provider or comes from a publicly available source;
20 ° "reference interest rate": the rate of interest used base to calculate the interest to be applied and which comes from a publicly available source which can be verified by both parties to a payment service contract;
21 ° "means of distance communication": all means which may be used to conclude a service contract for payment without the simultaneous physical presence of the payment service user and payment service provider;
22 ° "durable medium": any instrument which enables the user to payment services store information addressed to him personally a way accessible for future reference for a period of time adequate to the purposes of the information and which allows reproduction identical to the stored information; reference
23 ° 'consumer': a natural person who, in

the framework of payment services contracts governed by this Act, is for one purpose other than his commercial or professional activity;
24 ° 'custom security device': all technical means affected by a payment service provider to a given user for the use of a payment instrument. This device clean the user of payment services and placed under custody, to verify the use of a given payment instrument and aims to authenticate the user;
25 ° 'agent': a natural or legal person which acts on behalf of a payment institution for the provision of payment services;
26 ° 'branch': a place of business other than central administration, which is a part of a payment institution, which has no legal personality and which conducts directly, in whole or in part, the operations inherent in the business of payment institution; all operating seats created in the same Member State by a payment institution with headquarters in another Member State are considered as a single branch;
27 ° "group: the Group of companies consists of a parent undertaking, its subsidiaries, companies in which the parent undertaking or its subsidiaries hold directly or indirectly a participation, as well as companies with which a consortium is formed and companies that are controlled by the latter or in which they have a stake;
28 ° 'credit agreement' a contract whereby a payment services provider grants or promises to grant to a user of payment services a credit in the form of a deferred payment, a loan or any other similar payment facility.
S.
3 § 1. This Act is applicable to payment services, where both the service provider of the payer than the recipient's payment, or the unique provider of payment services involved in the payment transaction, are located in the European Union and payment services are offered for sale in Belgium.
Articles 48 and 61 shall also apply to payment services, as soon as the payment from the payer or the recipient service provider is located in Belgium.
Articles 36 and 37 shall also apply to payment services, as soon as the payer's payment service provider is situated in Belgium.
The King may, by a deliberate in Council of Ministers order, taking into account the comparable legal provisions applied in the other Member States of the Union European, the nature and availability of the offered payment and service the real possibility for providers of payment services to provide additional information, extend completely or partially list in the articles listed in the preceding sections 5 to 20 paragraph , 22, § 1st, 23, 25 to 28, 30 to 34, 40-42, 49 and 56, § 1.
Shall be assimilated to the Member States of the European Union, for the purposes of this Act, the States parties to the European economic area agreement.
§ 2. Unless otherwise provided, this Act applies to the services of payment as referred in the § 1, provided in euro or in the currency of a Member State outside the euro area. Articles 36 and 37 are however applicable to payment services regardless of the used currencies.
S. 4. the provisions of this Act do not apply to (x): 1 ° payment transactions exclusively made in cash and ranging directly from the payer to the payee, without any intermediary intervention;
2 ° payment transactions from the payer to the payee through a commercial agent authorised to negotiate or conclude the sale or purchase of goods or services on behalf of the payer or the recipient;
3 ° physical transport of banknotes and of pieces professionally, including their collection, processing and delivery;
4 ° of payment transactions in the collection and delivery of cash to non-professional basis, within the framework of a non-profit or charitable activity;
5 ° services for which species are provided by the beneficiary for the benefit of the payer as part of a payment transaction, the payment service user request formulated just before execution of the payment transaction through a payment for the purchase of goods or services;
6 ° activities of Exchange, i.e. "species against species ' in which the funds are not held on a payment account;
7 ° payment transactions based on any of the following documents drawn on the payment service provider with a view to placing funds at the disposal of the beneficiary: a) a paper check referred to in article 1 of the Act of 1 March 1961 for the introduction into the national legislation of the uniform law on cheque and its entry into force or any other similar form of cheque paper such as the postal cheque by the law of May 2, 1956, on the postal cheque, a circular cheque or any other cheque which, regardless of its name, carries the same legal consequences;
(b) a bill of Exchange paper referred to in article 1 coordinated laws of 31 December 1955 on the Bill of Exchange and the promissory note and any other similar form of Bill of Exchange paper which, regardless of its name, carries the same legal consequences;
(c) a service on paper title with title-service paper referred to in article 2, 1 °, of the law of 20 July 2001 to promote development of services and jobs in nearby, and the meal paper vouchers;

(d) a cheque for travel on paper;
(e) a postal order hardcopy issued and/or paid in cash at the counter of a post office, or another item of postal service;
8 ° payment transactions carried out within a payment or securities settlement system between agents regulation, central counterparties, clearing houses and/or central banks and other participants in the system, and providers of payment services, without prejudice to the provisions of article 49 of the law of December 21, 2009 relating to the status of the payment institution access to the activity of payment service provider and access to payment systems;
9 ° payment transactions related to assets and securities service, including the distribution of dividends, income or other, refunds or sales, carried out by the persons referred to 8 ° or by investment firms, credit institutions, undertakings for collective investment or portfolio management companies providing investment services and any other entity authorized to keep on deposit of financial instruments;
10 ° services supplied by providers of technical services to support the provision of payment services, unless they enter at any time into possession of the funds to transfer of especially in the processing and recording of data, trust and privacy protection services, authentication data and entities, information technology and the provision of communication networks , as well as the provision and maintenance of terminals and devices used for payment services;
11 ° services based on payment instruments that can be used for the acquisition of goods or services only in the premises used by the issuer or under a commercial agreement with the issuer, within a limited network of providers of services or for a limited goods or services range, and that:-these payment instruments are not - directly or indirectly - linked to a credit agreement , or - if it is a payment instrument, which can be loaded or unloaded from the electronic money, no direct access to the payment account used to load or unload it is possible using this instrument.
12 ° payment transactions executed by means of a telecommunication, digital or it device, when the goods or services purchased are delivered and must be used through a telecommunication, digital or it device, provided that the telecommunication system, digital or it operator does not only act as an intermediary between the payment service user and the supplier of goods or services;
13 ° payment transactions carried out between payment service providers, their agents or branches, for their own account;
14 ° payment transactions between a parent undertaking and its subsidiary or between subsidiaries of a same parent undertaking, without having any other provider of services of a company of the same group make office intermediary;
15 ° services cash withdrawal through ATM's, offered by service providers acting on behalf of one or more card issuers, which are not parties to the framework contract with the customer withdrawing money from a payment account, on condition that these providers do not payment listed in article 2, 1 ° other services provide.
TITLE II. -Transparency of conditions governing the services of payment and information chapter requirements 1. -Provisions introductory article 5. this title applies to payment transactions isolated, contracts and individual payment transactions which under its jurisdiction.

The provisions of this title are without prejudice to other legal provisions providing for additional requirements on prior information or special conditions for the granting of credits to consumers.
CHAPTER 2. -Remote payment transactions Section 1. -Scope art.
6. This chapter applies to payment isolated transactions which are not covered by a framework contract.
Section 2. -Prior information and conditions art. 7 when a payment in respect of an operation order isolated payment is transmitted through an instrument of payment under a framework contract, the service provider payment is not required to provide or make available to information already given to the user of payment services on the basis of a framework contract with another payment service provider or which will be given to him in accordance with the contract said.
S. 8 § 1. Before the payment service user is bound by a contract or an offer of isolated payment service, payment service provider makes available to the user of payment services, in an easily accessible form, the information and the conditions set out in article 9.
On the payment service user's request, the payment service provider provides this information and conditions on paper or on another durable medium.
These information and conditions are provided in easily understandable words and in a clear and intelligible form in the language or languages of the linguistic region where the payment service is offered or in any other language agreed by the parties.
§ 2. If, at the request of the payment service user, single payment service contract is concluded by a means of communication distance do not allow the payment service provider to comply to the § 1, this fulfils the obligations under that paragraph immediately after the execution of the payment transaction.
§ 3. It is also possible to carry out the obligations arising from § 1 by providing a copy of the draft contract of service isolated payment or the draft payment order including the information and conditions laid down in article 9.
S. 9 § 1. The information and conditions to provide or make available to the payment service user include at least: 1 ° of accurate information or ID unique that the payment service user must provide for the purposes of the correct execution of the payment order;
2 ° the period of maximum performance in which the payment service must be provided;
3 ° all fees payable by the user of payment services to payment service provider and, where applicable, the breakdown of the amounts of the fees;
4 ° where appropriate, the real exchange rate or reference which must be applied to the payment transaction.
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2. Where appropriate, other information and useful conditions referred to in article 14 are made available to the user of payment services, in an easily accessible form.
Section 3. -Information after the payment order and payment transaction s. 10. immediately after receiving the payment order, the payer's payment service provider provides the payer or puts at its disposal, in the manner stipulated in article 8, § 1, the following information: 1 ° a reference enabling the payer to identify the payment transaction and, where appropriate, the information relating to the payee;
2 ° the amount of the payment transaction expressed in the currency used in the payment order;
3 ° the amount of costs attributable to the payer for the payment transaction and, where applicable, the breakdown of the amounts of these charges;
4 ° if applicable, the exchange rate used in the payment transaction by the payer's payment service provider or a reference to this rate, when it is different from the rate of Exchange provided in accordance with article 9, § 1, 4 °, and the amount the of payment transaction after that currency conversion;
5 ° the date of receipt of the payment order.
S.
11. immediately after the execution of the payment transaction, the beneficiary's payment service provider provides to it or puts at its disposal, in the manner stipulated in article 8, § 1, the following information: 1 ° the references enabling the payee to identify the payment transaction and, where appropriate, the payer, and any information transmitted with the payment transaction;
2 ° the amount of the payment transaction in the currency in which the funds are at the disposal of the beneficiary;
3 ° the amount of costs attributable to the recipient for the payment transaction and, where applicable, the breakdown of the amounts of these charges;
4 ° if applicable, the exchange rate applied to the payment transaction by the recipient payment service provider, and the amount of the payment before this currency conversion transaction;
5 ° the date value of the credit.
CHAPTER 3. -Framework contract and individual payment transactions covered by Section 1. -Scope art. 12. This chapter applies to payment transactions covered by a framework contract.
Section 2. Framework contract subsection 1. -Prior information and conditions art.
13 § 1. In good time before the payment service user is bound by a framework contract or offer, the payment service provider provided, on paper or on another durable medium, the information and the conditions referred to in article 14.
These information and conditions are provided in easily understandable words and in a clear and comprehensible form, in the language of the linguistic region in which the payment service is offered or in any other language agreed by the parties.
§ 2. If, at the request of the payment service user, the framework contract is concluded by a means of communication distance do not allow the payment service provider to comply to the § 1, this fulfils the obligations under that paragraph immediately after the conclusion of the framework contract.
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3. It is also possible to carry out the obligations arising from § 1 by providing a copy of the draft framework contract with the information and the conditions laid down in article 14.
S. 14. the information and conditions to provide the user of payment services include at least the following elements concerning: 1 ° payment service provider: a) the identity of the service provider of payment including, where appropriate, its business number, the geographical address of its headquarters and, where applicable, the geographical address of its agent or its branch established in Belgium in which the payment service is offered (, and all other addresses, including the e-mail address, to take into account for the communication with the provider of services for the payment, and b) the contact details of the competent prudential supervisory authority and the registry concerned with this authority where the payment service provider is entered to be authorised, as well as his registration number or an equivalent identification of the register means (, 2 ° the use of a payment service: has) a description of the main characteristics of the payment, to provide service including, where appropriate, possible uses of the payment instrument, and in particular the question of whether it is possible to agree to the spending limits for payment transactions executed through said instrument of payment, in accordance with article 30 (((, § 1, b) precise information or ID unique that the payment service user must provide for the purposes of the correct execution of the payment order, c) the form and the procedure for giving consent to the execution of a payment transaction and withdrawal of such consent, in accordance with articles 28 and 42, d) a reference at the time of receipt of the payment order as defined in article 40 and the eventual time limit established by the claimant of payment services, e) the period of maximum performance during which the payment service must be provided in 3 ° costs, interest rates and exchange rates: a) all charges payable by the user of payment services to payment service provider and, where applicable, the breakdown of the amounts of these charges, b) as appropriate (, the interest rate on an annual basis and exchange rates to be applied or, if reference exchange and interest rates must be used, the method of calculating the actual interest and the chosen date and index or the basis for determining such a rate of interest or exchange of reference, and c) if so agreed (, the immediate application of changes to the interest rate or reference exchange and information requirements related to these changes, in accordance with article 16, § 2, 4 ° communication: has) where appropriate, means of communication, including the technical requirements applicable to the payment service user equipment, agreed between the parties for the purposes of the transmission of information or notifications under this Act;
b) modalities and frequency according to which the information provided for by this Act are provided or made available;

c) the languages in which the framework contract will be concluded and communication made during the contractual relationship, and d) the right of the payment service user to receive the contractual terms of the framework contract as well as the information and conditions laid down in article 15, 5 ° protection measures and corrective measures: has) where appropriate (, a description of the risks and measures of caution than the payment service user is to preserve the security of a payment instrument as well as the procedures for notification to the provider of services for payment under article 31, § 1, 2 °, b) If this is agreed, the conditions under which the payment service provider reserves the right to block a payment instrument ((, in accordance with article 30 c) the liability of the payer in accordance with article 37, including information on the amount, d) time and the modalities according to which the payment service user shall notify the payment service provider unauthorized or incorrectly executed pursuant to section 34 payment transactions as well as the responsibility of the payment in operations of payment service provider authorized ((in accordance with article 36, e) the liability of the payment service provider linked to execution of payment transactions in accordance with articles 50 to 52, f) the conditions for refund in accordance with articles 38 and 39, 6 ° the amendment and termination of the framework contract: has) If this is agreed, the fact that the payment service user shall be deemed having accepted the modification of the conditions in accordance with article 16 unless they have notified to the payment service provider his refusal thereof before the date proposed for the entry into force of this amendment, b) the duration of the framework contract, c) the right of the payment service user to terminate the framework contract and any agreements related to this termination, in accordance with articles 16, § 1 and 17, 7 ° remedies: has) any contractual clause on the law applicable to the framework contract and/or the competent court (, b) channels of complaint and extrajudicial remedies available to the user of payment services, in accordance with title IV, including the physical address of the instance where the payment service user may address his claims which the coordinates of the Directorate General control and Mediation with the public Service federal economy, P.M.E., Classes moyennes & Energie.
S. 15. in the course of the contract term, the payment service user has, at any time, the right to receive, on request, the contractual terms of the framework contract, and the information and conditions referred to in article 14, on paper or another durable medium.
Sub-section 2. -Modification of the conditions and termination of framework contract art. 16 § 1. Any modification of the framework agreement, as well as information and conditions referred to in article 14 is proposed by the service provider of payment in accordance with the procedures laid down in article 13, § 1, and no later than two months before the proposed date for its entry into force.
In the event that article 14, 6 ° a), applies, the provider of payment service informs the user of payment services it is deemed have accepted the amendment if the service provider payment, prior to the date of entry into force proposed this amendment, has not notified that he does not accept it. In this case, the precise payment services provider also that the payment service user has the right to terminate the framework contract immediately and free of charge, before the date of entry into force proposed the amendment.
§ 2. (Changes in interest or exchange rates may be applied immediately and without notice, provided that the framework contract provides for this right and that the changes are based on the interest or reference exchange rates agreed in accordance with article 14, 3 °, b) and (c)).
The payment service user is informed of any modification of the interest rates as quickly as possible, in the manner prescribed in article 13, § 1, unless the parties agree to a frequency or down special detailed rules for the provision or provision of information. However, changes in interest or exchange rates which are more favourable to the payment service users can be applied without notice.
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3. Changes in interest or exchange rates applied to payment transactions are implemented and calculated in a neutral manner that does not discriminate against payment service users.
S. 17 § 1. The payment service user may, at any time, terminate the framework contract without charge and with immediate effect, unless a notice period of maximum one month was agreed.
If provided for by the framework contract, the payment service provider may, as laid down in article 13, § 1, terminate a framework contract concluded for an indefinite period, with a notice of at least two months.
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2. The regular charges for the provision of payment services are due by the payment service user only in proportion to the period expired at the end of the contract. If they have been paid in advance, these expenses are reimbursed without delay in proportion, from the month following the date of termination.
The payment service provider will pay to the user of payment services, without additional charge, the balance of the payment account including all of the interests to which he is entitled under the statutory and regulatory provisions and the General conditions or else will contribute on a payment to a payment service provider account.
After the close of a payment account, the payment service provider shall reimburse the management fees paid by the user of payment services, annual, on behalf of payment, and in proportion to the whole number of months calendar of the month following the date of closure of the account until the end of the period for which the management fees have been paid.
§ 3. This article also applies to savings accounts referred to in article 2 of the royal decree of 27 August 1993 for the implementation of the 1992 income tax Code.
Section 3. -Subsection 1st individual payment transactions. -Information before execution of the transaction for payment art. 18. for any payment transaction individual under a framework contract and initiated by the payer, the payment service provider provides meaningful information to its maximum execution time and costs that must be paid by the payer and, where applicable, the breakdown of the amounts of these charges at the request of the payer and prior to the payment transaction.
Sub-section 2. -Information after execution of the transaction for payment art. 19 § 1.
After the amount of an individual payment transaction is debited from the account of the payer or, where the payer does not account for payment after receipt of the payment order, the payer's payment service provider provides to it, without delay and in the manner referred to in article 13 § 1, the following information: 1 ° a reference enabling the payer to identify each payment transaction and where appropriate, the information relating to the payee;
2 ° the amount of the payment transaction in the currency in which the payer's payment account is debited or in the currency used in the payment order;
3 ° the amount of all charges applied to the payment transaction and, where appropriate, their ventilation, or the interest payable by the payer;
4 ° where appropriate, the exchange rate used in the payment transaction by the payer's payment service provider and the amount of the payment after this currency conversion transaction;
5 ° the date value of the flow rate or the date of receipt of the payment order.
§ 2. A framework contract may include a condition that the information referred to in the § 1 are provided or made available periodically at least once a month, and agreed manner which allows the payer to store information and reproduce them identically, to allow it to track the status of expenditures reasonably.
§ 3. Notwithstanding § 2 and in the manner it determines, by Decree deliberated in the Council of Ministers, the King may prescribe that payment service provider shall provide free of charge at the request of the payer information referred to the § 1 on paper once a month.
S. 20 § 1. After you run an individual payment transaction, the beneficiary's payment service provider provides to it, without delay and as laid down in article 13 § 1, the following information: 1 ° a reference enabling the payee to identify the payment transaction and, where appropriate, the payer, and any information provided during the payment transaction;
2 ° the amount of the payment transaction expressed in the currency in which the payment of the beneficiary account is credited;
3 ° the amount of all charges applied to the payment transaction and, where appropriate, their ventilation, or the interest payable by the recipient;
4 ° if applicable, the exchange rate used in the transaction of payment by the service provider from

payment of the beneficiary and the amount of the payment before this currency conversion transaction;
5 ° the date value of the credit.
§ 2. A framework contract may include a condition that the information referred to in the § 1 shall be provided or made available periodically at least once a month, and as mutually agreed that allow the recipient to store and reproduce them identically, to allow it to track the status of expenditures reasonably.
§ 3. Notwithstanding § 2 and in the manner it determines, by Decree deliberated in the Council of Ministers, the King may prescribe that payment service provider shall provide free of charge at the request of the beneficiary the information referred in the § 1 on paper once a month.
Section 4. -Provisions derogating s.
21 § 1. In the case of payment instruments which, according to the framework contract, solely concern payment transactions not exceeding EUR 30 individually or, either have a limit of expenditure of EUR 150 or store funds which the amount exceeds EUR 150 at any time, this chapter shall apply to the extent described below: 1 ° in derogation from articles 13, 14 and 18 the provider of payment service provides the payer only to information on the main characteristics of the payment service, including the way in which the payment instrument can be used, liability, charges and other practical information necessary to make a decision informed and an indication of where further information and conditions laid down in article 14 are available in an easy manner;
2 ° it can be agreed that, by way of derogation from article 16, the payment service provider is not required to propose an amendment to the terms of the framework contract in the manner laid down in article 13, § 1;
3 ° it may be agreed that, by way of derogation from articles 19 and 20, after execution of a payment transaction: has) the payment service provider provides or makes available only a reference enabling the user of payment services to identify the payment transaction, the amount and the costs or, in the case of multiple payment transactions of the same type for the benefit of the same beneficiary only information on the total amount and charges for those payment transactions;
(b) the payment service provider is not required to provide or make available the information referred to in point a) if the payment instrument is used anonymously or otherwise the payment service provider is technically not able to provide. However, the payment service provider provides the payer the possibility of checking the amount of stored funds.
§ 2. For national payment transactions, the King may, by Decree deliberated in the Council of Ministers, reduce or double the amounts referred to in the § 1, paragraph 1 and for prepaid payment instruments increase up to 500 euros.
CHAPTER 4. -Provisions Commons article 22 § 1. Payments shall be made in the currency agreed by the parties.
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2. Where a currency conversion service is offered prior the initiation of the payment transaction by a third party to the framework contract and when this currency conversion service is offered at the point of sale or by the beneficiary, the part that proposes the payer is required to inform all applied fees, as well as the exchange rate that will be used for the purposes of the conversion of the payment transaction.
The payer accepts the currency conversion service on that basis.
S.
23. where, for the purposes of the use of a given payment instrument, the beneficiary charges or offers a reduction, it shall inform the payer before the initiation of the payment transaction.
Where, for the purposes of the use of a given payment instrument, a payment service provider or a third party application charges, it informs the user of payment services before the initiation of the payment transaction.
S. 24. when the contract for payment referred to in article 5, first subparagraph, services is concluded remotely, the information referred to in articles 8, 9, 13 and 14, replace the information referred to in article 83ter, § 1, of the law of 14 July 1991 on practices of trade and information and the protection of the consumer, with the exception of 2 ° ((((((,) c-g), 3 °, a), d) and (e)), and 4 °, b).
S. 25 § 1.
Payment service provider charges no fee to the payment service user for providing information under this title.
§ 2. The payment service provider and the payment service user may agree to charge a fee for additional information, for information provided a more frequent basis or the information supplied by other means of communication than those provided for in the framework contract and that are provided at the request of the payment service user.
When the payment service provider may, in accordance with the preceding paragraph, charging, these must be appropriate and consistent with the actual costs incurred by the payment service provider.
S. 26. the burden of proof of the fulfilment of disclosure obligations referred to in this title the payment Art. service provider 27. the parties may agree to waive, in whole or in part, the provisions of this title, unless the payment service user is a consumer.
TITLE III. -Rights and obligations related to the delivery and payment Chapter 1 services use. – Authorisation of payments Section 1st. -Consent to the implementation of the operations of payment and possible restrictions on the use of instruments of payment article 28 § 1. A payment transaction is deemed to be authorized if the payer has given consent to the execution of the payment order.
A payment transaction may be authorised in advance by the payer or subsequent to its execution if the payer and his payment service provider have agreed as well.
§ 2. Consent to the execution of a transaction of payment or a series of payment transactions is given in the form agreed between the payer and his payment and in accordance with the procedure agreed upon service provider.
In the absence of such consent, a payment transaction shall be deemed authorized.
§ 3. At any time, consent may be withdrawn by the payer, but in no case after the moment of irrevocability referred to in article 42.
Consent to the execution of a series of payment transactions may also be removed with effect that any subsequent payment transaction shall be deemed authorized.
S. 29 § 1. The realization of the direct debit requires the granting of a mandate by the payer, as appropriate, one or more of the following persons: 1 ° the beneficiary;
2 ° the beneficiary payment service provider;
3 ° the payer's payment service provider.
A copy must be given to the payor.
§ 2. Even if the mandate referred to the § 1, paragraph 1, is not included in the same instrumentum that the principal contract which it guarantees execution, mandate meets at least the following conditions: 1 ° an express consent of the payer;
2 ° to give power of Attorney must refer expressly to the underlying contract which in turn determines the scope claims domiciled in relation to nature, maturity and, if possible, the amount just.
The direct debit cannot be effected validly if the payer has been previously advised of the underlying contract.
§ 3. Without prejudice to the application of article 38, § 3, if the fair amount or the date of debit is not determined at the conclusion of the domicile, the recipient actually inform the payer on the agreed date, within a reasonable time prior to the initiation of each payment transaction.
§ 4. A domiciliation and mandate y attachment may be terminated by each party, at any time, by notification to the other party.
Termination of the domicile by the payer is valid and enforceable in all its agents when the payor notifies his creditor, either to his payment service provider if this last possibility was expressly agreed.
S. 30 § 1.
Where a specific payment instrument is used to give consent, the payer and his payment service provider may agree to spending limits for payment transactions executed through said instrument of payment.
§ 2. If the framework contract, the payment service provider may reserve the right to block the payment instrument for objectively motivated reasons relating to the security of the payment instrument, to the presumption of a non-authorized or fraudulent use of the payment instrument or, if it is an instrument of payment with a credit agreement the risk significantly increased that the payor is unable to fulfil his payment obligation.
In these cases, the service provider shall inform payment the payer, in the agreed manner and without prejudice to the application of article 59, paragraph 3, of the consumer credit Act of 12 June 1991, the blocking of the instrument of payment and the reasons for this block and, if possible, before the payment instrument is blocked and at the latest immediately after.
The provision of information

referred to in the preceding paragraph is not required if it is counteracted by security reasons objectively motivated or prohibited under other applicable legislation.
The payment service provider unblock the payment instrument or replace it with a new payment instrument once the reasons for blocking no longer exist.
Section 2. -Obligations related to instruments of payment art. 31 § 1. Authorized payment service user to use a payment instrument has the following obligations: 1 ° he uses the instrument of payment in accordance with the conditions governing the issuance and use of this payment instrument;
2 ° when knowledge loss, theft, diversion or any unauthorized use of the payment instrument, it shall inform without delay his payment service provider, or the entity specified by the latter.
§ 2. In application of § 1, 1 °, the payment service user takes, as soon as he receives a payment instrument, all reasonable steps to preserve the security of the payment and its security features custom instrument.
S. 32. the service provider payment issuing a payment instrument has the following obligations: 1 ° to ensure that safety devices custom of any payment instrument are not accessible to other parties that the payment service user permitted to use this instrument, without prejudice to the obligations of the user of payment services referred to in article 31;
2 ° fails to send any payment instrument unsolicited, except in the case where a payment instrument already given to the payment service user is to be replaced;
3 ° it ensures the availability, at any time, means suitable for the payment service user to make a notification referred to in article 31 § 1, 2 °, or request unblocking pursuant to section 30, § 2, last paragraph; the payment service provider shall, on request, to the user of payment services, for eighteen months from the notification, the means of proving that it did well to this notification;
4 ° it prevents any use of the payment instrument after a notification pursuant to article 31, § 1, 2 °;
5 ° it bears the risk linked to the sending to the payer of an instrument of payment or any medium enabling the use, especially any safety device custom of it.
S. 33. the payment service provider shall keep an internal record of payment transactions for a period of at least five years from the implementation of the operations.
This provision is without prejudice to other legal provisions in the provision of supporting documentation.
Section 3. -Notification and disputes in the event of unauthorized or not properly executed payment transactions article 34. the payment service user obtains, payment service provider, the correction of an operation if it signals without delay to its service provider payment has found an unauthorized or not properly executed payment transaction giving rise to a claim, including a claim referred to in articles 50 to 52, and no later than within thirteen months of the date of debit or credit unless that, where applicable, the payment service provider has not provided or made available information about this payment transaction in accordance with title II of this Act.
S. 35 § 1.
When a payment service user denies having authorised a payment transaction that has been executed, or claims that the payment transaction was not correctly executed, the onus is on its service provider of payment to demonstrate that the transaction in question has been authenticated, duly registered and recognised and not been affected by technical or other disabilities.
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2. When a payment service user denies having authorised a payment which has been implemented, the use of a payment instrument, such transaction recorded by the payment service provider, does not necessarily as such to prove that the payment was authorised by the payer or that it acted fraudulently or failed intentionally or by negligence gross in one or more of the obligations imposed on him under section 31.
§ 3. The King may impose the rules which must satisfy the proof of registration and accounting of the contested payment transaction authentication.
It can draw a distinction based on the nature of the transaction of payment and the payment instrument used to initiate a payment order. The King may also enact penalties for non-compliance thus imposed.
Section 4. -Liability in case of unauthorised payment transactions article 36. without prejudice to the application of article 34, the payer's payment service provider shall, in the event of unauthorized payment transaction after an audit prima facie for fraud on the part of the payor, refund to the payer the amount of the unauthorised payment transaction and, where applicable, restore the payment account debited in the State where he would be found if the unauthorised payment transaction had not taken place If necessary increased by interest on this amount.
In addition, the payer's payment service provider must reimburse the other possible financial consequences, including the amount of the costs incurred by the licensee for the determination of compensable damage.
S. 37 § 1. By way of derogation from article 36, the payer supports, to a maximum of 150 euros, until the notification is made in accordance with article 31 § 1, 2 °, losses relating to any unauthorised payment transaction resulting from the use of a lost or stolen payment instrument or, if the payer is unable to preserve the security of its safety devices customized to the misappropriation of a payment instrument.
The payer shall bear all loss occasioned by payment operations not permitted if these losses result either a fraudulent actions on his part, or because it did not meet, intentionally or by gross negligence, one or more of the obligations imposed on him under section 31. In these cases, the maximum amount referred to in paragraph 1 does not apply.
Where the payer has acted fraudulently or failed intentionally to the obligations entrusted to him under article 31, it does support, by way of derogation from the preceding paragraphs, no loss in the following cases: 1 ° if the payment instrument has been used without physical presentation and without electronic identification.
2 ° If the payment instrument has been copied by a third party or has been improperly used provided that the payer was, at the time of the disputed operation, in possession of the payment instrument.
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2. Except where the payment service provider furnishes proof that the payer acted fraudulently, the payer shall not bear any financial consequences resulting from the use of a lost, stolen or misappropriated payment instrument, after the notification provided for in article 31, § 1, 2 °.
§ 3. The burden of proof for fraud, intention or gross negligence is the responsibility of the payment service provider.
Including are considered as serious negligence referred to the § 1, does, for the payer to note its features custom security, as his personal identification number or any other code in an easily recognisable form, and including on the payment instrument or on an object or document kept or carried by the payer with the payment instrument, as well as not having notified to the payment service provider , or the entity specified by him, the loss or theft as soon as he is aware.
For the assessment of negligence, the judge takes into account all the factual circumstances. The production by the service provider for payment of the records referred to in article 35 and the use of the payment instrument with the known code of the only user of payment services do not constitute a sufficient presumption of negligence of it.
Section 5. -Refunds for payment transactions initiated by or through the Arts recipient 38 § 1. The payer's payment service provider must reimburse the payer an authorised payment transaction initiated by or through the beneficiary, which has already been executed, provided that the following conditions are fulfilled: 1 ° the authorization did not the exact amount of the payment transaction when it was given, and 2 ° the amount of the payment transaction exceeded the amount to which the payer could reasonably be expected taking into account his past expenditure profile of the conditions laid down in the framework contract and relevant circumstances of the case.
÷ the request of the payment service, the payer provider provides factual elements in relation to these conditions.
The rebate is equal to the total amount of the executed payment transaction.
For direct debits, the payer and his payment service provider may agree in the context of a framework contract that the payer is entitled to reimbursement by his payment service provider

even if conditions for refund provided for in the first subparagraph are not met.
§ 2. In application of § 1, paragraph 1, 2 °, the payer may however rely on a foreign exchange if transaction-related reasons the reference exchange rate agreed with his provider of payment in accordance with articles 9, § 1, 4 ° and 14 3, b), has been applied.
§ 3. It may be agreed in the framework contract between the payer and provider of payment services that the payer is not entitled to a refund provided that: 1 ° he gave his consent to the execution of the payment transaction directly to his payment service provider, and 2 ° information on the future payment transaction was provided to the payer or placed at his disposal in the agreed manner four weeks at least before the deadline, by a payment service provider or by the beneficiary.
S. 39 § 1. The payer can request the refund referred to in article 38, a transaction payment authorized and initiated by or through the payee for a period of eight weeks from the date on which the funds were debited.
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2. Within ten working days of receipt of the application for refund, the payment service provider shall reimburse the total amount of the payment transaction either justifies its refusal to reimburse, indicating the agencies that the payer may then seize, in accordance with articles 72 to 75 if he does not accept the justification given.
The right of the claimant to payment services, referred to in paragraph 1, to refuse the refund does not apply in the case referred to in article 38, § 1, last paragraph.
CHAPTER 2. -Implementation of the operations of payment Section 1st. -Payment orders and amounts transferred article
40 § 1. The time of receipt of the payment order is the time when the payment order transmitted directly by the payer or indirectly by or through a payee is received by the payer's payment service provider. If the time of receipt is not a working day for the payer's payment service provider, the payment order is deemed to have been received the next business day.
The payment service provider may establish a time limit, close to the end of a working day, beyond which any received payment order shall be deemed to have been received the next business day.
§ 2. If the user's payment service that initiates the payment order and his payment service provider agree that the execution of the payment order will begin or any given day, either at the end of a specified period, either the day where the payer has made funds available to his payment service provider, the time of receipt under articles 45 and 78 is deemed to be the agreed day. If the agreed day is not a working day for the payment service provider, the payment order is deemed to have been received the next business day.
S. 41 § 1. Where the payment service provider refuses to execute a payment order, the refusal and, if possible, the reasons for this refusal and the procedure for correcting any factual mistakes that led to the are reported to the user of payment services, without prejudice to the application of article 12 of the law of 11 January 1993 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism or of a prohibition under other relevant legislation.
The payment service provider provide notification or puts it at disposal upon agreed terms, as soon as possible and, in any case, within the time limits referred to in articles 45 and 78.
The framework contract may provide for the payment service provider to charge a fee for such a notification if the refusal is objectively justified.
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2. When all conditions stipulated in the framework contract of the payer are met, the payer's payment service provider may refuse to execute a payment order authorized, that the payment order is initiated by a payer or by or through a payee, without prejudice to the application of article 12 of the law of 11 January 1993 on the prevention of the use of the financial system for the purpose of laundering of capital and financing of terrorism or of a prohibition under other relevant legislation.
§ 3. For the purposes of articles 45, 50, 51 and 78, a payment order whose execution has been refused shall be deemed not received.
S. 42. the payment service user may not revoke a payment order once received by the service provider of the payer's payment, unless otherwise provided in this section.
When the payment transaction is initiated by or through the payee, the payer may not revoke the payment order after transmitting the payment order or given its consent to the execution of the operation's payment to the beneficiary.
However, in case of direct debit and without prejudice to the right to a refund, the payer may revoke the payment order at the latest at the end of the business day preceding the day agreed for debiting funds.
In the case referred to in article 40, § 2, the payment service user may revoke a payment order at the latest at the end of the business day preceding the agreed day.
After expiry of the periods referred to in paragraphs 1 to 4, the payment order cannot be revoked only if the payment service user and his payment service provider have agreed so. In the cases referred to in paragraphs 2 and 3, the consent of the recipient is also required. If the contract so provides, the payment service provider may charge for the exercise of this right to additional revocation.
S. 43 the payer's payment service provider, the provider's payment of the beneficiary and intermediaries of the payment service providers transfer the total amount of the payment transaction and refrain to levy charges on the amount transferred.
However, the payee and his payment service provider may agree that latter deducts its charges from the amount transferred before crediting the beneficiary. In this case, the total amount of the payment transaction and charges are separated in the information given to the beneficiary.
If charges other than those referred to in paragraph 2 are deducted from the amount transferred, the payer's payment service provider shall ensure that the recipient receives the total amount of the payment transaction initiated by the payer. In the event that the payment transaction is initiated by or through the payee, his payment service provider shall ensure that the recipient receives the total amount of the payment transaction.
Section 2. -Execution time and date value art. 44 § 1. This section applies: 1 ° to payment transactions in euros;
2 ° to payments amounting to a single conversion between the euro and the currency of a non-euro area European Member State provided that the required conversion is carried out in the non-euro area Member State and that, in cases of cross-border payment transactions, the cross-border transfer takes place in euro.
§ 2. This section shall apply to other payment transactions, unless the payment service user and his payment service provider agree otherwise, article 48, from which the parties cannot derogate.
When the payment service user and his payment service provider agree on a longer period than those laid down in articles 45 and 78 for the intra-Community payment transactions within the European Union, this period may not exceed four working days from the moment of receipt as defined in article 40.
S. 45 § 1. The payer's payment service provider shall ensure that, after the time of receipt as defined in article 40, the amount of the payment transaction is credited on the account of the beneficiary's payment service provider at the latest at the end of the first following working day. This period may be extended by one additional working day in the case of payment transactions initiated on paper.
For the execution of transactions national electronically initiated payment between two payment accounts where payment of the payer and the beneficiary services provider is the same person, the time limit referred to in the preceding paragraph is reduced until the end of the same business day in which occurs the moment of receipt as defined in article 40.
§ 2. The beneficiary's payment service provider assigns a date value to the payment transaction and updates the amount available on the payment of the beneficiary account after the payment service provider has received the funds in accordance with article 48.
§ 3. The beneficiary's payment service provider transmits a payment order initiated by or through the payee to the payer's payment service provider within the time limits agreed between the payee and his payment service provider, enabling regulation, with regard to the domicile, to the agreed due date.
S.
46. when the beneficiary is not the holder of a payment account with the payment service provider, the funds shall be made available to the beneficiary by the payment service provider

who receives the funds for the beneficiary within the time limit determined in articles 45 and 78.
S.
47 when a consumer pays with cash on a payment account with that service provider of payment, in the currency of that payment account, the payment service provider shall ensure that the amount paid is made available and receive a date value immediately after the time of the receipt of these funds.
When the payment service user is not a consumer, the amount is made available and receives a date value to no later than the working day following that of the receipt of the funds.
S. 48 § 1. For the payment of the beneficiary account, the date value of the credit is not later than the working day in which the amount of the payment transaction is credited to the account of the beneficiary's payment service provider.
Payment service provider the recipient shall ensure that the amount of the payment transaction is at the disposal of the beneficiary immediately after this amount has been credited to the account of the beneficiary's payment service provider.
§ 2.
For the payer's payment account, the date value of flow is not earlier than the time when the amount of the payment transaction is debited from the account of payment.
Section 3. -Liability in case of identifying unique wrong, non-execution or incorrect execution art. 49 § 1. A payment order executed pursuant to ID single shall be deemed duly executed with regard to the indicated recipient by username unique.
§ 2. If the ID unique supplied by the payment service user is incorrect, the payment service provider is liable under articles 50 and 51 of the breach or faulty execution of the payment transaction.
However, the payer's payment service provider shall attempt, to the extent reasonable, to recover the funds involved in the payment transaction.
If the framework contract, the payment service provider may charge a collection fee to the payment service user.
§ 3. If the payment service user provides information additional to those which are defined in articles 9, § 1, 1 °, or 14 2, b), the payment service provider is responsible for the execution of the payment transaction in accordance with the identifier unique provided by the payment service user.
S.
50 § 1. When a payment order is initiated by the payer, his payment service provider is, without prejudice to the application of articles 34, 49, §§ 2 and 3, and 54, responsible for the good execution of the payment with respect to the payer transaction.
By way of derogation from paragraph 1, the beneficiary's payment service provider is responsible for the proper execution of the payment to the recipient transaction where the payer's payment service provider can demonstrate to the payer and, where applicable, to the provider of payment service of the beneficiary that the beneficiary's payment service provider received the amount of the transaction of payment in accordance with article 45.
§ 2. When the payer's payment service provider is liable under the § 1, it shall return without delay to the payer the amount of the non-executed or incorrectly executed payment transaction and, if necessary, restores the payment account debited in the situation that would have prevailed if the bad payment transaction had not taken place.
When the beneficiary's payment service provider is liable under the § 1, he immediately the amount of the payment transaction at the disposal of the beneficiary and, if necessary, credit account for payment of the beneficiary of the corresponding amount.
§ 3. In the case of a payment transaction not executed and or poorly executed and where the payment order is initiated by the payer, the payment of it service provider strives, immediately, at the request of the payer, regardless of liability determined in the title of this article, to find the trace of the payment transaction and notify the payer the result of his research.
S. 51 § 1. When a payment order is initiated by or through the payee, his payment service provider is, without prejudice to articles 34, 49, §§ 2 and 3, and 54, responsible for the beneficiary of the correct transmission of the payment order to the service provider of the payer's payment, in accordance with article 45, paragraph 4.
When the beneficiary's payment service provider is liable under the preceding paragraph, it immediately transmits the payment order in question to the payer's payment service provider.
§ 2. The beneficiary's payment service provider is, without prejudice to the application of articles 34, 49, §§ 2 and 3, 54, responsible for the beneficiary, the processing of the payment transaction in accordance with the obligations imposed on him under section 48.
When the beneficiary's payment service provider is liable under the preceding paragraph, it ensures that the amount of the payment transaction is put at the disposal of the recipient immediately after the amount has been credited to the account of the beneficiary's payment service provider.
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3. In the case of a payment transaction not executed or incorrectly executed for which the beneficiary's payment service provider is not responsible on the basis of §§ 1 and 2 of this article, it is the service provider of the payer that is responsible with respect to the payer's payment.
The service provider of the payer's payment which is liable in respect of the preceding subparagraph renders the payer, as necessary and without delay, the amount of the payment transaction not executed or badly executed and restores without delay the payment account debited in the situation that would have prevailed if the bad payment transaction had not taken place.
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4. In the case of a non-executed or incorrectly executed payment transaction where the payment order is initiated by or through the payee, the payment of it service provider strives immediately, upon request, irrespective of the liability determined at the title of this article, to trace the payment transaction and notify the result of his research to the beneficiary.
S.
52. payment service providers are accountable for their respective users of payment services, charges which they are responsible and interest incurred by the user due to non payment service or faulty execution of the payment transaction.
Similarly, the payment service user is entitled to additional compensation for other consequences financiereseventuelles than those provided for by this section.
S. 53. where the liability of a service provider of payment under articles 50 to 51 is attributable to another payment service provider or to an intermediary, said payment or intermediary service provider compensates the first provider of services of payment for all losses or all sums paid in respect of sections 50 and 51.
Additional financial compensation may be determined in accordance with agreements between payment service providers and/or intermediaries and the law applicable to the agreement which they had concluded.
S.
54. the liability referred to in chapters 1 and 2 of this title does not force majeure or when the payment service provider is bound by other legal obligations laid down by national legislation or by the European Union.
CHAPTER 3. -Provisions Commons article 55. when the payment service user is not a consumer, the parties may decide that articles 28, § 3, 29, 35, 37-39, 42, 50 to 52 and 56, § 1, shall not apply in whole or in part. The parties may also agree to a separate timeline of that laid down in article 34.
The provisions of this title are without prejudice to other legal provisions stipulating rights and additional requirements for granting of credit, and in particular those covered by the law of 12 June 1991 concerning credit for consumption.
S.
56 § 1. The payment service provider cannot, under this title, and except as otherwise charge user's payment for the fulfilment of its obligations.
By way of derogation from the preceding subparagraph, the payment service provider may charge in the cases referred to in articles 41, § 1, 42, paragraph 5, to 49, § 2, provided that these costs are agreed in the framework contract between the payment service user and service provider of payment and to the extent that they are reasonable and in relation to the real costs borne by the payment service provider.
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2. Where a payment transaction does not currency conversion, the payer and the beneficiary pay, each for their part, the charges levied by their respective payment service provider.
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3. The payment service provider shall not prevent the beneficiary to charge or propose a reduction to the payer for the use of a given payment instrument.
By way of derogation from the preceding subparagraph, the King may, taking into account the need to encourage competition and promote

the use of effective means of payment, by Decree deliberated in the Council of Ministers, prohibit or restrict the right of the recipient to claim an indemnity to make payment transactions using a payment instrument.
The King may also, by Decree deliberated in the Council of Ministers, set for benefits maxima, regardless of their qualifications or their shape, claimed by the service provider's payment to the beneficiary for the provision of equipment to facilitate the provision of payment services by using a payment instrument.
S.
57 § 1. In the case of payment instruments which, according to the framework contract, concern exclusively payment transactions exceeding EUR 30 not individually or have a limit of expenditure of EUR 150, or even which store funds exceeding the amount at any time 150 euros, payment service providers may agree with their payment service users that : 1 ° articles 31, § 1, 2 °, 32, 3 ° and 4 °, and 37, § 2, shall not apply if the payment instrument does not allow blocking or prevention of future use;
2 ° articles 35, 36, 37, § 1, paragraphs 1 and 2 do not apply if the payment instrument is used anonymously or the payment service provider is not able for other reasons inherent to the payment instrument to prove that a payment has been authorised;
3 ° by way of derogation from article 41, § 1, the payment service provider is not obligated to notify the payment service user the refusal of the payment order if its failure is apparent from the context;
4 ° by way of derogation from article 42 the payer may not revoke the payment order after transmitting the payment order or given its consent to the execution of the operation's payment to the beneficiary;
5 ° in derogation from articles 45, 46, and 78 other enforcement timeframes apply.
§ 2. For national payment transactions, the King may, by Decree deliberated in the Council of Ministers, reduce or double the amounts referred to in the § 1, paragraph 1, and for prepaid payment instruments increase up to 500 euros.
§ 3. Sections 36 and 37 apply also to electronic money within the meaning of article 3, § 1, 7 ° of the law of 22 March 1993 on the status and control of credit institutions, unless the payer's payment service provider does not have the capacity to block the payment account or block the payment instrument and the instrument meets the conditions of use referred to in the introductory provision of § 1.
CHAPTER 4. -Protection of data art. 58. without prejudice to the application of the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, the treatment of the personal data by payment systems and payment service providers, is allowed when this is necessary to ensure the prevention, research and detection of fraud in payments.
The King may, by Decree deliberated in the Council of Ministers, following the opinion of the Committee on the protection of private life, determine more precisely the modalities of treatment for the purposes of the goals as defined and legitimate in this Act.
TITLE IV. -Procedures of complaint and extrajudicial remedy for the settlement of disputes Chapter 1. -Of the action in cessation s. 59. the action in cessation, referred to in article 4 of the Act of 22 December 2009 amending the law of 2 August 2002 on supervision of the financial sector and financial services, and the introduction of an action for termination of infringements payment services act, is formed in accordance with the rules laid down by the legislation on trade in action in cessation practices.
CHAPTER 2. -Of the article warning procedure 60. when it is found that an act constitutes an offence under this Act, to one of its orders of execution or that it may give rise to an action for injunction, the agent that the Minister commissioned pursuant to article 72, § 1, can send the offender a warning setting it is to put an end to this Act.
The warning is notified to the offender within a period of three weeks from the date of the finding of facts, by registered letter to the post with acknowledgement of receipt or the furnishing of a copy of the minutes of finding facts.
The warning mentions: 1 ° the facts charged and the legal provisions violated;
2 ° the period within which it must there be terminated;
3 ° in case it is not given due warning, or an action for injunction will be formed, whether the officers commissioned pursuant to article 72, § 1, or pursuant to article 74, may notify the Crown Procurator or respectively apply the regulation by way of a transaction referred to in section 74 is the suspension or withdrawal of the authorisation to provide payment services will be charged to the competent supervisory authority;
4 ° the commitment of the offender to terminate the infringement can be made public.
CHAPTER 3. -Sanctions Section 1st. -Civil sanctions art. 61 are prohibited and void ipso jure: 1 ° any clause whereby the user of payment services up, even partially, for the benefit of the rights provided for in this Act;
2 ° any clause by which the payment service provider is exempt, even partially, of obligations arising from this Act;
3 ° the clauses and conditions or combinations of clauses and conditions which have as their object to the payment service user the evidence of compliance with all or part of the obligations referred to in this Act, which shall be borne by the payment service provider.
S. 62. unless it proves that the payer acted fraudulently, the payment service provider is liable to the user of payment services, for all the consequences resulting from the use of an instrument of payment by a third party not authorized in the event of non-compliance by the service provider for payment of the obligations under articles 14 (, 5 ° a) and 32, 1 ° and 3 °.
S. 63. in the case of non-compliance by the service provider for payment of the obligations arising from articles 13, 14, 2 ° to 6 °, 15 and 16, 21, 23, paragraph (2), 25, 29, 32, 36, paragraph 1, 38, 39, § 2, 40 and 41, 43, 45-48, 50-52, 56, 57 and 78, the payment service user may, without prejudice to the sanctions of common law by registered letter mailed and motivated, terminate without delay and without fees or penalties the framework contract from the moment where he has knowledge or should have had knowledge of the non-compliance with these obligations.
Section 2. -Penal sanctions art. 64 are punishable with a fine of 250 to € 100,000, those who commit an offence under the provisions: 1 ° of articles 8, 9 and 10, relating to the requirements for information for payment operations isolated;
2 ° of articles 13 and 14 of article 15 relating to the information requirements of contracts concerning payment services, regarding access to information and to the conditions of the framework contract;
3 ° of article 16, relating to the modification of the conditions of the framework contract;
4 ° of article 17, concerning the termination of the framework contract and its consequences;
5 ° of articles 18, 19 and 20, relating to the information requirements for individual payment transactions in the context of the framework contract;
6 ° of article 21 on the information requirements for low amounts of payment instruments and electronic money;
7 ° of article 23 relating to requirements for information for additional costs or discounts for the use of a given payment instrument;
8 ° of article 25, relating to the cost of information;
9 ° of article 28 relating to the authorization of operations payment and article 29 on the domiciliation;
10 ° of article 32 relating to the obligations of the payment service provider payment instruments;
11 ° of articles 36 and 37, §§ 1 to 4, in relation to the total and shared responsibility of the service provider's payment in the case of unauthorised payment transactions;
12 ° of articles 38, § 1 and 39, § 1, relating to refunds for payment transactions initiated by or through the payee;
13 ° of articles 40 and 41, relating to the reception and the refusal of payment orders by the payment service provider;
14 ° article 43 concerning amounts transferred and received and the levy of fees;
15 ° of articles 45-48 and 78, the execution time and the date value of payment transactions;
16 ° articles 50 to 52 relating to the responsibility of the service provider's payment for the breach or faulty execution of the payment transaction;
17 ° of article 56 §§ 1 and 2, in the matter of the fee applied by the service provider of payment and article 56, paragraph 3, relating to additional costs or discounts for the use of a given payment instrument by the beneficiary;
18 ° of article 57 concerning the requirements and the responsibility for low amounts of payment instruments and electronic money;
19 ° of Regulation (EC) no 924/2009 of the European Parliament and of the Council of 16 September 2009 on the

cross-border payments in the community and repealing Regulation (EC) No 2560/2001.
S.
65 § 1. Shall be punished by a prison term of eight days to one year and a fine of 1,000 to 100,000 euros or one of those penalties only: 1 ° those who fail to comply with a judgment or a ruling under article 4 of the Act of 22 December 2009 amending Act of 2 August 2002 on the supervision of the financial sector and the introduction of an action for termination of infringements Act to the payment services, following an action for injunction;
2 ° those who wilfully prevent or hinder the execution of the mission of persons referred to in articles 72 to 74 for search and found the offences or breaches of the provisions of this Act;
3 ° those who voluntarily, in person or through an intermediary, suppress, hide or shred completely or partially posters affixed pursuant to articles 59 and 66, and of article 4 of the Act of 22 December 2009 amending the law of 2 August 2002 on the supervision of the financial sector and the introduction of an action for termination of violations of the law on payment services.
S. 66. where the facts before the tribunal subject to an action for injunction, it cannot be ruled on the criminal action unless a decision cast in force of res judicata on this action for an injunction was issued.
S. 67. without prejudice to the application of rules regarding recidivism, the penalty provided for in articles 64 and 65 is doubled infringements, involved in five years after a conviction cast in force of res judicata pronounced by the head of the same offence.
S. 68. the Court may order the display of the judgment or the summary that he wrote during the period he determines both outside and inside the establishments of the offender and the costs thereof, as well as the publication of the judgment or the summary at the expense of the offender through the newspapers or in any other manner; In addition, it may order the confiscation of the illicit profits through the offence.
S. 69. the companies and associations with legal personality are civilly responsible for convictions in damages, fines, costs, confiscations, refunds and penalties any against their organs or agents for infringement of the provisions of this Act.
It is the members of all trade associations without legal personality, where the offence was committed by a partner, Manager or officer during an operation falling within the scope of the activity of the association. Liable partner however is personally liable to maximum of amounts or values that it has withdrawn the operation
These companies, associations and members will be able to be cited directly before the Criminal Court by the public prosecutor or the injured party.
S. 70. the provisions of book I of the Code penal, including Chapter VII and article 85, shall apply to the offences covered by this Act.
By way of derogation from article 43 of the Criminal Code, the tribunal appreciates, when he pronounces a conviction for one of the offences covered by this Act, if it is appropriate to order the special confiscation. This provision is not applicable in the event of repeated infringements referred to in article 67.
On the expiry of a period of ten days was delivered, the clerk of the Court or of the Court is required to bring to the attention of the Minister that economic affairs in his or her attributions, by letter ordinary, any judgment or judgment relating to an offence under this Act.
The Registrar shall also notify without delay the Minister who has economic affairs in charge of any action brought against such decisions.
Section 3. -Administrative sanctions art.
71. when the officials referred to in article 72, § 1, find that a payment service provider does not meet one or more provisions of this Act, they shall communicate these findings to the supervisory authority which has granted the authorization to provide payment services. That supervisory authority examines whether and to what extent the sanctions of administrative law or other specific measures should be taken against the payment service provider and, in accordance with the specific of the Statute.
CHAPTER 4. -Search and finding of the acts prohibited by this Act art. 72. § 1.
Without prejudice to the duties of judicial police officers, agents commissioned by the Minister in charge of Economic Affairs are competent to search etconstater the offences mentioned in articles 64 and 65.
The minutes drawn up by these agents are prima facie evidence to the contrary.
A copy is sent to the offender, by registered letter to the post with acknowledgement of receipt, within 30 days after the date of the findings.
§
2. In the exercise of their duties, officials referred to the § 1 may: 1 ° enter, during the usual hours of opening or work in workshops, buildings, adjacent and paddock courses whose access is necessary for the accomplishment of their mission;
2 ° make all useful findings, produce documents, parts or books for their research and findings at the first demand and without moving, and take copies;
3 ° grab, against a receipt, the documents referred to in point 2 which are necessary to provide evidence of an offence or to find sponsors or accomplices of the offenders. the seizure is lifted ipso jure without confirmation by the Crown within fifteen days calendars;
4 ° if they have reasons to believe in the existence of an offence, enter the premises inhabited with the prior authorization of the judge of the tribunal de police; the visits to living quarters should be between eight and eighteen hours and must be made jointly by two agents at least.
§
3. In the exercise of their duties, officials referred to the § 1 may require the assistance of the police forces.
§ 4. Commissioned officers exercise the powers accorded to them by this section under the supervision of the Attorney general, without prejudice to their subordination with respect to their superiors in the administration.
§ 5. In the event of application of article 60 minutes referred to the § 1 is transmitted to the Prosecutor of the King where he has not been given following the warning.
In case of application of article 74, minutes is transmitted to the Prosecutor of the King when the offender has not accepted the proposal for a transaction.
S. 73. § 1. Officers referred to in article 72, § 1, are also competent to search for and find acts which, without being punishable, may be the subject of an action for injunction formed at the initiative of the Minister that economic affairs. The minutes drawn up in this connection are prima facie evidence to the contrary.
§ 2. In the exercise of their duties, officials referred to the § 1 have the powers mentioned in article 72, § 2, 1 °, 2 ° and 3 °.
S. 74. officers commissioned to this end by the Minister in charge of Economic Affairs may, in the light of the minutes finding an infringement to the provisions referred to in articles 64 and 65 and trained by officers referred to in article 72, § 1, offer offenders the payment of a sum which extinguished public action tariffs as well as the terms of payment and collection are set by the King.
The sum cannot exceed the maximum fine provided for in articles 64 and 65 of this Act, together with the additional decimated.
Payments are made within the time limit indicated off public action unless previously, a complaint was sent to the Prosecutor, the investigating judge was required to instruct or the court seized of the fact. In these cases, the amounts paid are returned to the offender.
CHAPTER 5. -Use of alternative art. 75. in order to resolve any disputes relating to the rights and obligations between payment service users and their service providers to payment arising from this Act and of the regulation 924/2009 of the European Parliament and of the Council of 16 September 2009 on cross-border payments in the community and repealing Regulation (EC) No 2560/2001 These payment service providers establish a suitable procedure of complaints where the decisions by an independent body, may be accepted by the payment service providers.
This section applies only when the payment service user is a consumer.
Title V. - Amendments, repeals and transitional provisions Section 1. -Provisions amending art. 76. in Act of 12 June 1991 on consumer credit, the following changes are made: 1 article 1 °, 12 °, amended by the Act of March 24, 2003, "a payment or legitimation card" shall be replaced by the words "an instrument of payment";
2 ° in article 58, paragraph 2, 6 °, the words "by means of a map or a title" shall be replaced by the words "by means of a payment instrument as defined in legislation on payment services';
3 ° in article 59, § 1, paragraph 2, replaced by the Act of March 24, 2003, the words "the Act of 10 July.

1997 relative to the value of banking dates"shall be replaced by the words"the Act of December 10, 2009 payment services ";
4 ° in article 74, paragraph 2, inserted by the Act of February 11, 1994, shall be inserted between the words 'control credit institutions' and the words ' which actually grant credits for consumption", the words"and payment institutions referred to in the the status of payment institutions act of December 21, 2009, to access to the activity of payment service provider and access to payment systems.
5 ° article 75, § 6, as amended by the Act of August 24, 2005, is supplemented by a paragraph worded as follows: "shall also be deemed meet the conditions referred to in paragraph 1, payment institutions under the control of the Banking Commission, financial and insurance in accordance with the Act of December 21, 2009 the status of payment institutions, the access to the activity of payment service provider and access to payment systems and to whom. approval was granted on basis of which the additional appropriation in execution of a payment transaction can be offered. »;
6 ° in article 75, § 1, 1st paragraph, inserted by the Act of February 11, 1994 and amended by the Act of March 24, 2003, 'control of credit institutions, the banking and Finance Commission is informed by the supervisory authority of the State of origin of an institution referred to in article 74, paragraph 3' shall be replaced by the words "control credit institutions and institutions in accordance with article 39 of the Act of 21 December 2009 on.
the status of payment institutions, the access to the activity of service provider of payment and access to payment systems, the banking, finance and Insurance Commission is informed by the supervisory authority of the State of origin of an institution referred to in article 74, paragraph 2";
7 ° to article 75A, § 2, inserted by the Act of February 11, 1994 and amended by the Act of March 24, 2003, the words 'credit institutions and financial institutions' shall be replaced by the words "credit institutions, financial institutions and payment institutions";
8 ° to 75, § 3, paragraph 1 of the article, inserted by the Act of February 11, 1994 and amended by the Act of March 24, 2003, 'credit institution' or financial institution shall be replaced by the words "credit, financial institution or payment institution.
Section 2. -Provisions repealing art. 77 are repealed: 1 ° Act of 10 July 1997 on value of banking dates;
2 ° Act of 9 January 2000 on cross-border payments and transfers of money, as amended by the law of 24 December 2002;
3 ° Act of 17 July 2002 on transactions by electronic funds transfer instruments;
4 ° article 83novies of the law of 14 July 1991 on trade and on information practices and the protection of the consumer inserted by article 16 of the Act of August 24, 2005, to implement certain provisions of the directive financial services to remote and the privacy and electronic communications directive;
(5) the law of 15 May 2007 on certain banking services.
Section 3. -Provisions transitional art. 78. for payment transactions national initiated by the benificaire and cross-border payment transactions, the payer and his payment service provider may, until January 1, 2012, extend the time limit referred to in article 45, § 1, paragraph 1 and 2, up to three working days maximum. This period may be extended by one additional working day in the case of payment transactions initiated on paper.
S. 79. for the purposes of this Act, the current mandates, as part of a direct debit, shall remain valid until their termination or revision. Changes in the management of domiciliation following changes management contracts concluded between the concerned payment service providers and, where applicable, the beneficiary shall be binding on the payer subject to the procedure and conditions laid down in article 16, § 1.
S. 80. this Act applies to all contracts and operations underway which are regulated by this Act, with the exception of articles 7, 8, 9, 13, 14, 24, 29, §§ 1 and 2.
Insofar as the provisions of this Act have for consequence that contractual obligations of current contracts are modified, they must be adapted in accordance with the procedure laid down in article 16 no later than the day of the entry into force of this Act.
TITLE VI. -Provisions finals s. 81. this Act comes into force the first day of the third month following that of its publication in the Moniteur belge.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Brussels, 10 December 2009.
ALBERT by the King: the Minister of finance, D. REYNDERS the Minister of climate and energy, responsible consumption, P. MAGNETTE the Minister for enterprise and Simplification, V. VAN QUICKENBORNE sealed with the seal of the State: the Minister of Justice, S. DE CLERCK Note (1) Session 2008 - 2009.
House of representatives.
Documents. -Bill, 52-2179 - No. 1. -Erratum, 52-2179 - No. 2.
Session 2009-20010.
House of representatives.
Documents. -Amendments 52-2179 - No. 3. -Report, 52-2179 - No. 4. -Text corrected by the Commission, 52-2179 - No. 5. -Text adopted in plenary meeting and transmitted to the Senate, 52-2179 - No. 6.
Compte rendu intégral. -12 November 2009.
Senate.
Documents.
-Project not mentioned by the Senate, 4-1495 - No. 1.

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