I

The proper functioning of payment services is essential for the smooth development of commercial and financial transactions.

In this regard, the legal system for payment systems is intended to establish rights and obligations for providers and users of payment services, in order to ensure that such services are provided under conditions of competence, transparency and trust between the parties.

Law 16/2009, dated 13 November, of payment services, lists these services in Article 1.2, one of them being: " the services that allow the withdrawal of cash from a payment account and all necessary operations for the management of the own payment account ". It is precisely a form of provision of this service that is the withdrawal of cash in the ATM network. Through this network, credit institutions make available to their clients a channel through which they provide various banking services, the most usual being the withdrawal of cash. In fact, cash withdrawal accounts for 74 percent of total transactions made with cashiers.

The Spanish banking system is characterized by the great capillarity of its network of cashiers in Spain. According to data from June 2015, there are 50,479 cashiers, which is 1.09 cashiers per thousand inhabitants, which is much higher than that of other countries in our environment.

In recent months, there has been a change in the usual system of charging fees for cash withdrawals at ATMs, motivated by commercial policy decisions of some entities. Indeed, customers who were previously required to pay a fee to the issuing institution of their card, must now pay, on some occasions, in addition to such a fee, to the entity that owns the cashier.

The need to maintain confidence and its influence in the development of commercial traffic, in an economic recovery context where domestic consumption is configured as one of the main points of this recovery, to address as a matter of urgency a regulation of the fee collection model for the withdrawal of cash that transfers to the citizens certainty, guarantees the principle of legal certainty, and completes and clarifies the current regulation of protection to the credit institution client.

II

By amending Law 16/2009 of 13 November on payment services, undertaken by this royal decree-law, a new model for the collection of commissions for the withdrawal of cash from ATMs is established. In any case, it will prevent the collection of a double commission from the citizen, thus reducing the cost to the user of this service.

This model applies exclusively to cash withdrawal fees in itself considered, on credit and debit, and does not affect other fees linked to credit services.

With this new regulation, the entity that owns the cashier will not be able to demand any commission from the service user or pass on expenses, but if it can demand it from the issuing entity of the card. Institutions may agree to fix the amount of this fee. In the absence of agreements, the entities owning the ATMs shall determine in a non-discriminatory manner between entities which commission shall charge the issuing entities of the cards by default. In addition, in the case of withdrawal of cash by debit, the issuing entities of the card may only pass on to their client, in whole or in part, the commission satisfied to the entity that owns the cashier, with which the amount is limited which can be passed on to the service user.

This legal regime is complemented by certain measures aimed at strengthening transparency and information to the user, and monitoring and monitoring the implementation of the new regulation. In particular, institutions shall report to the Bank of Spain of the commissions which shall be charged by the withdrawal of cash between credit institutions and shall also inform the user of the service at the time of the withdrawal of the cash from the commission that could be passed on to you.

The new model comes into force on the day following the publication of this royal decree-law in the "Official State Gazette", although a minimum period is set for entities to be able to adapt their payment systems to the modifications introduced by this rule.

III

The final part of this royal decree-law consists of an additional provision, a transitional provision, a derogation provision, and three final provisions.

The single additional provision entrusts the National Commission of Markets and Competition to draw up an annual report on the agreements and decisions taken on commissions.

The single transitional arrangement regulates the adjustment regime for credit institutions.

The repeal of all provisions of equal or lower rank is ordered in the single repeal provision to oppose the provisions of this royal decree-law.

Finally, the first to third provisions regulate, respectively, the competition titles under which the real decree-law is adopted, the enabling the Banco de España for the development of the provision The second part of Law 16/2009, dated 13 November, and its entry into force.

IV

In the context referred to in paragraph II of this explanatory statement, it is of the utmost importance to ensure without delay the reform of the model of cash withdrawals through ATMs.

In the last few months, the traditional model that was operating through multilateral agreements in the network of cashiers has been altered. Faced with the previous model in which the client paid the issuer a cash withdrawal commission, in some cases, it has to give back to the owner of the cashier and its issuing entity. This implies, in short, an increase in the commissions supported by the banking customers for this concept, which in some cases is greater than 100 percent. While the customer has the option of choosing between those cashiers who do not charge commission and therefore reduce or eliminate the impact, this new model will be increasingly difficult to exercise. This will have a more significant impact on customers operating in smaller locations with fewer cashiers, entities with a limited scope of action to a region or internet banking. The impact of this issue is especially relevant considering that almost 18,000 cash withdrawals are made per cashier in a year.

Therefore, in the measures adopted in the present royal decree, the circumstances of extraordinary and urgent need demanded by Article 86 of the Spanish Constitution as an enabling budget for the Use this normative figure.

In its virtue, in use of the authorization contained in article 86 of the Constitution, on the proposal of the Minister of Economy and Competitiveness and after deliberation of the Council of Ministers at its meeting of October 2, 2015,

DISPONGO:

Single item. Amendment of Law 16/2009 of 13 November on payment services.

Additional provision of Law 16/2009, dated 13 November, is configured as an additional provision first and an additional provision is added second, with the following wording:

" Additional Disposition Second. Cash withdrawals at ATMs.

1. In the event of withdrawal of cash by card or other payment instruments, the entity holding an ATM shall not be able to require any amount from clients of different entities authorised in Spain or branches of credit institutions. foreign companies operating in Spain, without prejudice to the commission which may require the issuing institution of the card or payment instrument.

2. Prior to the withdrawal of cash by debit by the cardholder or payment instrument and in order to obtain its express consent, the cashier holding the cashier shall inform the commission that the withdrawal of the cash by the holder of the card or payment instrument be charged to the issuing institution of the card or payment instrument, as well as the possibility that the latter may be passed on to the issuing entity or instrument by the latter in whole or in part.

In the case of withdrawal of cash on credit, the above information shall also include the additional maximum amount that may be applied by the issuing institution in accordance with paragraph 5.

3. The consent of the cardholder or payment instrument shall require the issuing institution to pay the fee required by the cashier's holder, provided that the latter has sufficient balance to deal with the withdrawal of cash and the the amount that the issuing entity can pass on to it in accordance with paragraph 5.

4. The commission to be satisfied by the issuing entity to the cashier may be subject to agreement between the two.

In the absence of an agreement, the commission determining the cashier's holder with respect to the issuing entity will be the same throughout the national territory and will not be discriminatory, without any differences equivalent benefits; the commission shall also not be able to distinguish between the clients of the issuing institution and may be reviewed only annually.

The agreements and decisions to be taken under this paragraph shall in any event be in accordance with the competition law.

5. For the withdrawal of cash by debit at ATMs from other entities, the issuing entity of the card or payment instrument may not pass on to its client a higher amount than the commission charged by the owner of the cashier to the credit institution itself. the issuing entity, or apply any additional amount to it for any other concept. Within the above limit, the amount to be passed on shall be that which is freely fixed in the contract between the issuing entity and its client.

The provisions of the preceding paragraph shall not apply to withdrawals of cash on credit, in which the issuing institution of the card or payment instrument may apply an additional amount to the customer for this purpose. In any event, this amount may not be higher than the amount applied to the customer by the withdrawal of cash on credit at their cashiers.

6. The institutions holding the ATMs or the issuing of the payment cards or instruments shall inform the Bank of Spain of the fees for the withdrawal of cash referred to in paragraph 4. The above information shall be provided in the form and content and periodicity determined by the Banco de España.

7. They shall have regard to rules of organisation and discipline. Failure to comply shall be deemed to be a serious infringement, unless it is occasional or isolated, in which case it shall be sanctioned as a minor offence, in accordance with the provisions of Law 10/2014 of 26 June of ordination, supervision and solvency of credit institutions. "

Single additional disposition. Report of the National Commission on Markets and Competition on the agreements on commissions.

Annually, the National Commission of the Markets and Competition will forward a report to the Ministry of Economy and Competitiveness on the agreements or decisions of credit institutions for the determination and implementation of the Commission for the withdrawal of cash by card or other payment instruments referred to in the second provision of Law 16/2009, of 13 November, of payment services, in the wording given by this royal decree-law. The National Markets and Competition Commission may request any information deemed relevant to the fulfilment of this mandate.

The first report will be sent to the Ministry of Economy and Competitiveness before the end of the first half of 2016.

Single transient arrangement. Arrangements for the adaptation of credit institutions.

Credit institutions shall be adapted to the forecasts contained in paragraphs 2 to 4 of the second provision of Law 16/2009 of 13 November 2016, before 1 January 2016. However, the fees resulting from the agreements adopted by the entities pursuant to paragraph 4 shall be communicated to the Banco de España, in accordance with paragraph 6 of that provision and in the final disposal of the Bank of Spain. royal decree-law.

Single repeal provision. Regulatory repeal.

As many rules of equal or lower rank are repealed, they are opposed to the provisions of this royal decree-law.

Final disposition first. Competence title.

This royal decree-law is issued in accordance with the provisions of Articles 149.1.6., 11. and 13. of the Constitution which attribute to the State the competences on commercial law, bases of the management of credit and banking and bases and coordination of the overall planning of economic activity.

Final disposition second. Regulatory enablement.

The Banco de España is hereby enabled to develop the provisions of paragraph 6 of the second provision of Law 16/2009 of 13 November, within two months of the entry into force of this royal decree-law.

Final disposition third. Entry into force.

This royal decree-law will enter into force on the day of its publication in the "Official State Gazette".

Given in Madrid, on October 2, 2015.

FELIPE R.

The President of the Government,

MARIANO RAJOY BREY