Directive 2015/2366 - Payment services in the internal market - Main contents
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Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2015/2366 |
| Original proposal | COM(2013)547  |
| CELEX number i | 32015L2366 |
| Document | 25-11-2015; Date of adoption |
|---|---|
| Publication in Official Journal | 23-12-2015; OJ L 337 p. 35-127 |
| Effect | 12-01-2016; Entry into force Date pub. +20 See Art 117 |
| Deadline | 13-01-2021; Review See Art 108 |
| End of validity | 18-06-2026; Partial end of validity Art. 110 Implicitly repealed by 32023L2673 31-12-9999 |
| Transposition | 13-01-2018; See Art 115.1 |
23.12.2015 |
EN |
Official Journal of the European Union |
L 337/35 |
DIRECTIVE (EU) 2015/2366 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 25 November 2015
on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Central Bank (1),
Having regard to the opinion of the European Economic and Social Committee (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
In recent years, significant progress has been achieved in integrating retail payments in the Union, in particular in the context of the Union acts on payments, in particular through Directive 2007/64/EC of the European Parliament and of the Council (4), Regulation (EC) No 924/2009 of the European Parliament and of the Council (5), Directive 2009/110/EC of the European Parliament and of the Council (6), and Regulation (EU) No 260/2012 of the European Parliament and of the Council (7). Directive 2011/83/EU of the European Parliament and of the Council (8) has further complemented the legal framework for payment services by setting a specific limit on the ability of retailers to surcharge their customers for the use of a given means of payment. |
(2) |
The revised Union legal framework on payment services is complemented by Regulation (EU) 2015/751 of the European Parliament and of the Council (9). That Regulation introduces, in particular, rules on the charging of interchange fees for card-based transactions and aims to further accelerate the achievement of an effective integrated market for card-based payments. |
(3) |
Directive 2007/64/EC was adopted in December 2007 on the basis of a Commission proposal of December 2005. Since then, the retail payments market has experienced significant technical innovation, with rapid growth in the number of electronic and mobile payments and the emergence of new types of payment services in the market place, which challenges the current framework. |
(4) |
The review of the Union legal framework on payment services and, in particular, the analysis of the impact of Directive 2007/64/EC and the consultation on the Commission Green Paper of 11 January 2012, entitled, ‘Towards an integrated European market for card, internet and mobile payments’, have shown that developments have given rise to significant challenges from a regulatory perspective. Significant areas of the payments market, in particular card, internet and mobile payments, remain fragmented along national borders. Many innovative payment products or services do not fall, entirely or in large part, within the scope of Directive 2007/64/EC. Furthermore, the scope of Directive 2007/64/EC and, in particular, the elements excluded from its scope, such as certain payment-related activities, has proved in some cases to be too ambiguous, too general or simply outdated, taking into account market developments. This has resulted in legal uncertainty, potential security risks in the payment chain and a lack of consumer protection in certain areas. It has proven difficult for payment service providers to launch innovative, safe and easy-to-use digital payment services and to provide consumers and retailers with effective, convenient and secure payment methods in the Union. In that context, there is a large positive potential which needs to be more consistently explored. |
(5) |
The continued development of an integrated... |
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