+TITLE VI FINAL PROVISIONS
---+Article 107 Full harmonisation
------+Article 107 1.
------+Article 107 2.
------+Article 107 3.
---+Article 108 Review clause
---+Article 109 Transitional provision
------+Article 109 1.
------+Article 109 2.
------+Article 109 3.
------+Article 109 4.
------+Article 109 5.
---+Article 110 Amendments to Directive 2002/65/EC
---+Article 111 Amendments to Directive 2009/110/EC
------+Article 111 ‘1.
------+Article 111 ‘4.
------+Article 111 5.
---+Article 112 Amendments to Regulation (EU) No 1093/2010
------+Article 112 ‘2.
------+Article 112 ‘(1)
---+Article 113 Amendment to Directive 2013/36/EU
---+Article 114 Repeal
---+Article 115 Transposition
------+Article 115 1.
------+Article 115 2.
------+Article 115 3.
------+Article 115 4.
------+Article 115 5.
------+Article 115 6.
---+Article 116 Entry into force
---+Article 117 Addresses
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TITLE VI FINAL PROVISIONS
TITLE VI FINAL PROVISIONS
1. Forbhreathnú
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Rialáil |
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Article 107 Full harmonisation
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Article 108 Review clause
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Article 108
The Commission shall, by 13 January 2021, submit to the European Parliament, the Council, the ECB and the European Economic and Social Committee, a report on the application and impact of this Directive, and in particular on:
(a)
the appropriateness and the impact of the rules on charges as set out in Article 62(3), (4) and (5);
(b)
the application of Article 2(3) and (4), including an assessment of whether Titles III and IV can, where technically feasible, be applied in full to payment transactions referred to in those paragraphs;
(c)
access to payment systems, having regard in particular to the level of competition;
(d)
the appropriateness and the impact of the thresholds for the payment transactions referred to in point (l) of Article 3;
(e)
the appropriateness and the impact of the threshold for the exemption referred to in point (a) of Article 32(1);
(f)
whether, given developments, it would be desirable, as a complement to the provisions in Article 75 on payment transactions where the amount is not known in advance and funds are blocked, to introduce maximum limits for the amounts to be blocked on the payer’s payment account in such situations.
If appropriate, the Commission shall submit a legislative proposal together with its report.
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Article 109 Transitional provision
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Article 110 Amendments to Directive 2002/65/EC
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Article 110
Amendments to Directive 2002/65/EC
In Article 4 of Directive 2002/65/EC, paragraph 5 is replaced by the following:
‘5.
Where Directive (EU) 2015/2366 of the European Parliament and of the Council (
*1
) is also applicable, the information provisions under Article 3(1) of this Directive, with the exception of points (2)(c) to (g), (3)(a), (d) and (e), and (4)(b), shall be replaced with Articles 44, 45, 51 and 52 of Directive (EU) 2015/2366.
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Article 111 Amendments to Directive 2009/110/EC
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Article 111
Amendments to Directive 2009/110/EC
Directive 2009/110/EC is amended as follows:
(1)
Article 3 is amended as follows:
(a)
paragraph 1 is replaced by the following:
‘1.
Without prejudice to this Directive, Article 5, Articles 11 to 17, Article 19(5) and (6) and Articles 20 to 31 of Directive (EU) 2015/2366 of the European Parliament and of the Council (
*2
), including the delegated acts adopted under Article 15(4), Article 28(5) and Article 29(7) thereof, shall apply to electronic money institutions mutatis mutandis.
(b)
paragraphs 4 and 5 are replaced by the following:
‘4.
Member States shall allow electronic money institutions to distribute and redeem electronic money through natural or legal persons which act on their behalf. Where the electronic money institution distributes electronic money in another Member State by engaging such a natural or legal person, Articles 27 to 31, with exception of Article 29(4) and (5), of Directive (EU) 2015/2366, including the delegated acts adopted in accordance with Article 28(5) and Article 29(7) thereof, shall apply mutatis mutandis to such electronic money institution.
5.
Notwithstanding paragraph 4 of this Article, electronic money institutions shall not issue electronic money through agents. Electronic money institutions shall be allowed to provide payment services referred to in point (a) of Article 6(1) of this Directive through agents subject to the conditions laid down in Article 19 of Directive (EU) 2015/2366.’;
(2)
in Article 18, the following paragraph is added:
‘4.
Member States shall allow electronic money institutions that have, before 13 January 2018, taken up activities in accordance with this Directive and with Directive 2007/64/EC in the Member State in which their head office is located to continue those activities in that Member State or in another Member State without being required to seek authorisation in accordance with Article 3 of this Directive or to comply with other requirements laid down or referred to in Title II of this Directive until 13 July 2018.
Member States shall require electronic money institutions referred to in the first subparagraph to submit all relevant information to the competent authorities in order to allow the later to assess, by 13 July 2018, whether those electronic money institutions comply with the requirements laid down in Title II of this Directive, and, if not, which measures need to be taken in order to ensure compliance or whether a withdrawal of authorisation is appropriate.
Electronic money institutions referred to in the first subparagraph which upon verification by the competent authorities comply with the requirements laid down in Title II shall be granted authorisation and shall be entered in the register. Where those electronic money institutions do not comply with the requirements laid down in Title II by 13 July 2018 they shall be prohibited from issuing electronic money.’.
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Article 112 Amendments to Regulation (EU) No 1093/2010
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Article 112
Amendments to Regulation (EU) No 1093/2010
Regulation (EU) No 1093/2010 is amended as follows:
(1)
in Article 1, paragraph 2 is replaced by the following:
‘2.
The Authority shall act within the powers conferred by this Regulation and within the scope of, Directive 2002/87/EC, Directive 2009/110/EC, Regulation (EU) No 575/2013 of the European Parliament and of the Council (
*3
), Directive 2013/36/EU of the European Parliament and of the Council (
*4
), Directive 2014/49/EU of the European Parliament and of the Council (
*5
), Regulation (EU) 2015/847 of the European Parliament and the Council (
*6
), Directive (EU) 2015/2366 of the European Parliament and of the Council (
*7
) and, to the extent that those acts apply to credit and financial institutions and the competent authorities that supervise them, within the relevant parts of Directive 2002/65/EC and Directive (EU)2015/849 of the European Parliament and of the Council (
12
), including all directives, regulations, and decisions based on those acts, and of any further legally binding Union act which confers tasks on the Authority. The Authority shall also act in accordance with Council Regulation (EU) No 1024/2013 (
13
).
(2)
Article 4(1) is replaced by the following:
‘(1)
“financial institutions” means credit institutions as defined in point (1) of Article 4(1) of Regulation (EU) No 575/2013, investment firms as defined in point (2) of Article 4(1) of Regulation (EU) No 575/2013, financial conglomerates as defined in Article 2(14) of Directive 2002/87/EC, payment service providers as defined in point (11) of Article 4 of Directive (EU) 2015/2366 and electronic money institutions as defined in point (1) of Article 2 of Directive 2009/110/EC, save that, with regard to Directive (EU) 2015/849, ‘financial institutions’ means credit institutions and financial institutions as defined in points (1) and (2) of Article 3 of Directive (EU) 2015/849;’.
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Article 113 Amendment to Directive 2013/36/EU
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Article 113
Amendment to Directive 2013/36/EU
In Annex I to Directive 2013/36/EU, point (4) is replaced by the following:
‘(4)
Payment services as defined in point (3) of Article 4 of Directive (EU) 2015/2366 of the European Parliament and of the Council (
*8
);
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Article 114 Repeal
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Article 114
Directive 2007/64/EC is repealed with effect from 13 January 2018.
Any reference to the repealed Directive shall be construed as a reference to this Directive and shall be read in accordance with the correlation table in Annex II to this Directive.
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Article 115 Transposition
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Article 116 Entry into force
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Article 116
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
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Article 117 Addresses
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Article 117
This Directive is addressed to the Member States.
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1.1 Tagairtí
1.2 Ceanglais aitheanta
1.3 Caighdeáin ghaolmhara
2. Ceanglais aitheanta
Ceanglais
| Foinse |
Ceanglas |
3. Caighdeáin ghaolmhara
Caighdeáin
| Foinse |
Ceanglas |
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