Brev | Dato: 14.01.2014 | Finansdepartementet
- MEP Diego Feio
- MEP Olle Ludvigsson
- MEP Sophia In't Veld
- MEP Jean-Paul Besset
- MEP Ashley Fox
- MEP Jürgen Klute
- MEP Sampo Terho
Vår referanse: 13/3541
The Proposed Payment Services Directive II – Consumer Protection
Reference is made to the discussions in the ECON Committee regarding the proposal for a revised Directive on payment services (COM 2013 547/ "PSD II"). As a party to the EEA Agreement, Norway has implemented Directive 2007/64/EC (PSD I), and has a strong interest in how the revised Directive will be drafted.
Norway fully supports a modernisation of the current legal framework promoting, inter alia, innovation, lower prices and increased consumer protection. Providing for safe and consumer-friendly payment services through a common legal framework for national regulation is of significant importance.
The revision of the Directive raises several important issues. I would like to take this opportunity to highlight one important aspect related to consumer protection. The proposed liability rules in the Directive art. 66 does not include the existing option for Member States in PSD I art. 61 (3) to limit customer liability in of gross negligence. The text as proposed by the Commission implies that national legislation must require payment card users to bear all losses on unauthorized transactions incurred by gross negligence by the user. I am concerned that the proposed liability rules in the Directive art. 66 thus may require some countries to significantly reduce their existing level of consumer protection by requiring unlimited liability in cases of gross negligence. In the current Norwegian legislation, for instance, the existing exemption in PSD 1 art. 61 has been used to limit consumer liability in such cases to NOK 12000 (approximately 1500 Euro).
On this background, please allow me to urge the Committee to include the current option in PSD 1 art. 61 (3) in the revised Directive, in order to allow maintaining the present level of consumer protection.
A similar letter is sent to the shadow rapporteurs.