Commission Implementing Regulation (EU) 2018/34Show full title

Commission Implementing Regulation (EU) 2018/34

of 28 September 2017

laying down implementing technical standards with regard to the standardised presentation format of the fee information document and its common symbol according to Directive 2014/92/EU of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features(1), and in particular the third subparagraph of Article 4(6) thereof,

Whereas:

(1) Directive 2014/92/EU requires Member States to ensure that payment service providers provide the consumer with a fee information document on paper or another durable medium containing the standardised terms in the final list of the most representative services linked to a payment account and, where such services are offered by a payment service provider, the corresponding fees for each service. The final lists are to be published by Member States, integrating the Union standardised terminology laid down in Commission Delegated Regulation (EU) 2018/32(2).

(2) In order to ensure that the fee information document achieves the aims of Directive 2014/92/EU and, at the same time, provides the consumer with all relevant information in a way that enhances comparison and transparency, payment service providers should use a standardised template for the fee information document along with clear instructions on how to complete the fee information document.

(3) Since the fee information document is meant to inform consumers before entering into a contract for a payment account in order to enable them to compare payment account offers, a payment service provider should use the standardised template for producing one fee information document in respect of each of the payment accounts offered to a consumer.

(4) In order to allow consumers to choose the most suitable account offer for their needs, while still ensuring a high level of standardisation, it should be possible to present an appropriate combination of packages and therefore the payment service provider should be able to produce more than one fee information document in respect of that payment account, provided that at least one package is included in each document.

(5) In order to make it easier for the consumer to understand the content of the different types of packages and their fees, the fee information document should list the packages separately.

(6) If services that exceed the quantity covered by a package are not included in the national final list of most representative services and therefore, are not displayed in the fee information document, they should be shown in a separate table and not combined with information on the content of the packages, in order to give consumers a clear overview of the package.

(7) As the content of each fee information document provided to consumers depends on the individual payment service provider's offer of services and on each Member State's final list of the most representative services linked to a payment account, in order to ensure comparability of payment account offered in the single market, the template for the fee information document should provide certain headings under which the different services should be grouped.

(8) The template for the fee information document should include a separate table, to be used by those payment service providers which are required to supply also a comprehensive cost indicator.

(9) This Regulation is based on the draft implementing technical standards submitted by the European Supervisory Authority (European Banking Authority) (‘EBA’) to the Commission.

(10) The EBA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Banking Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(3),

HAS ADOPTED THIS REGULATION:

(1)

OJ L 257, 28.8.2014, p. 214.

(2)

Commission Delegated Regulation (EU) 2018/32 of 28 September 2017 supplementing Directive 2014/92/EU of the European Parliament and of the Council with regard to regulatory technical standards for the Union standardised terminology for the most representative services linked to a payment account (see page 3 of this Official Journal).

(3)

Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).