the payment services directive in the context of the...
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The Payment Services Directive in the context of the Single €uro Payments Area
Payments Seminar Cape Town, 7-10 April 2009
Ceu Pereira*
*The views expressed are those of the author exclusively
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The PSD: an interesting case-study
Unprecedented scope and scale
“Start from scratch”
Momentum and support by the industry
Legislate for the future payment instruments
V. Payment Services Directive
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OverviewI. WHAT? The concept of the Single Euro Payments Area
II. WHY ? Objectives and general benefits
III. HOW & WHO? PSD / COM / ECB / EPC
IV. WHEN ? SEPA Timelines
V. PSD Objectives and regulatory choices
VI. BENEFITS for consumers, businesses, banks, publicadministrations
VII. STATE OF PLAY Credit transfers, Cards, Direct Debits
VIII. CONCLUSIONS AND FOOD FOR THOUGHT
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I. WHAT: EC / ECB SEPA VISIONJoint Statement by EC/ECB 4 May 2006:
integrated market for payment services
subject to effective competition with
continuous improvement of payment services offering
pan-European products and infrastructure providing
low-cost, efficient, modern and reliable payment services that
facilitate SEPA-wide payment related services (e-invoicing)
one account, one set of payment instruments, one terminal
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II. WHY: Objectives and benefits Objectives and benefits: Political
1999 : Euro 2002 : Euro notes and coins 2009 : Still fragmented national payments markets, but SEPA on its way!
Economic Integration of national payment systems → Economies of scale → ↓ payment
processing costs Enhanced competition Greater functionality Improved efficiency
payments savings = EUR 123 billion (2007-2012)e-invoicing savings = EUR 238 billion (2007-2012)
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EPC source: Making SEPA a reality
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III. How and Who?
Regulator:
Payment Services Directive provides the legal foundation for SEPA
(5 December 2007) Banks’ supervisor:sets requirements,
timelines & monitors progress
Represents banking
community: coordinates the
realisation of SEPA
COM /ECB /EPC:
Three SEPA pillars
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IV. WHEN: SEPA timelines
Implementation of SEPA schemes (SCT&SDD)
SEPA Frameworks (Cards, clearing&settlement infrastructures)
• January 2008 – SEPA starts with credit transfers
• November 2009 –transposition of PSD
• Migration to SEPA compliant products and infrastructures
• SEPA credit transfers, direct debits and cards to co-exist with national payment products
• Parallel processing (conversion of the national formats into the SEPA formats)
2005 2008 2010
• Irreversible part of domestic payments have migrated to SEPA products (critical mass?)
• Infrastructures must be able to reach all euro area banks and process euro payments made with three SEPA payment instruments
• Legacy products to be gradually phased out
Preparing for SEPA
SEPA transition
Consolidated euro market
End 2013?
SEPA timelines:
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V. Payment Services DirectiveOBJECTIVES
Enhanced competition by opening up markets to new players Increased transparency through harmonised information
requirements Standardised rights and obligations for providers and users Note: applies to all MS currencies – not just euro
State of play
Published in 5 December 2007 L319 Effective in Member States : 1 November 2009 (at latest) Commission working with Member States and stakeholders to
achieve consistent, rapid and faithful implementation through workshops and interactive website
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Authorization regime
Supervisory regime
Safeguarding measures for users
Granting fair access of PI to payment
systems
pricing
Applicable conditions
Rules for unauthorized payment
transactions
Rules on irrevocability
Rules on refunds
Rules on execution time
Rules on defective execution
Pillar I
Authorization and supervision regime for
PI
Pillar IITransparency requirements
applicable to all PSPs
Pillar IIIRights and obligations of PSUs and PSPs in a
payment transaction
Protection of usersCompetitive EU market
V. Payment Services Directive
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Main drivers:
Increase competitionIncrease transparencyReinforce consumer protectionPromote automation and STPPromote innovative and safe payment instruments
V. Payment Services Directive
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Regulatory choices:
Pillar I
Authorization and supervision regime for
PI
Authorization regime
Supervisory regime
Safeguarding measures for users
Granting fair access of PI to payment
systems
Qualitative/quantitative
More/less burdensome
Higher/lower barriers to entry
Scope of authorized activities
Maximum/minimum harmonization
Degree of interference with some payment systems’ rules
V. Payment Services Directive
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Regulatory choices:
Pillar II
Transparency
Charges
Other contractual terms
Value dates
Derogations for new payment methods
More/less information
free of charge or not
Make available/provide
Support: paper or other?
No hidden tariffs
Maximum/minimum harmonization
Which derogations can be justified
V. Payment Services Directive
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Regulatory choices:
Pillar III
Rights and obligations of the parties
unauthorized payment transactions
irrevocability
refunds
execution time
defective or non execution
Derogations for new payment methods
Degree of sharing of cost between users/PSPs
Level of service
More / less users' protection
Which derogations can be justified
V. Payment Services Directive
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VI. Benefits for consumers
• Euro payments throughout the SEPA area can be made from a single bank account;
• Convenient credit transfers: same procedure, cost and execution time throughout SEPA;
• Faster payments: By 2012 at the latest, D+1 execution time• Immediate use of payments received: value dating to the
disadvantage of the user no longer permitted• Crediting of the full amount: the full amount specified in the
credit transfer shall be credited without any deduction to the beneficiary.
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VI. Benefits for consumers
• Direct debits to and from anywhere in SEPA: possible to pay for regular bills in euros to a beneficiary in another SEPA country; fast and simple refund procedure
• Use payment cards (debit and credit) anywhere in SEPA: all cards should have the potential to be accepted everywhere throughout SEPA, both in POS and ATMs;
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VI. Benefits for businesses
Need for a single bank account only:-simplification of payment and treasury management, as all financial transactions can be done centrally from one bank account using SEPA payment instruments.
Payments handling is rationalised as all incoming and outgoing payments can use the same format.
Cost and time savings by consolidating payment management. This will improve cash flow management, reduce banking and working capital costs and open up wider access to the single market.
SEPA can be used as launch pad for a development of value-added services such as e-invoicing and e-reconciliation, which will help businesses optimise their cash flow and accounting processes.
Although the primary focus of SEPA is on the euro-area, SEPA will also simplify the treasury and payment operations of businesses outside the euro-area who are trading across the euro-area countries.
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VI. Benefits
BENEFITS FOR PUBLIC ADMINISTRATIONS
• As heavy users of payments, public administrations will ingeneral experience the same benefits as businesses – i.e.faster credit transfers throughout the SEPA and, fromNovember 2009, the new SEPA direct debits which can alsobe used for cross-border payments. SEPA can additionallyhelp drive e-Government and e-procurement, therebypromoting more efficient public services.
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VI. Benefits for banks
operational savings through product standardisation and channel simplification.
The use of common standards by infrastructures will promote competition and thus allow banks to negotiate better services and better prices.
Expand the business and compete on a European level, as any bank can offer its services to anyone in SEPA. Banks will be able to extend their offering to customers through the provision of value-added services, such as e-billing and e-invoicing.
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VI. Overall benefits
Commission study on costs and benefits of SEPA(published on 28 January 2008)
Conclusions of the study:
The potential benefit from SEPA to society is very large (EUR 123billion over a period of 6 years)
If SEPA used as a platform for automating business processes linked tothe business chain, such as e-invoicing, it can provide even largerbenefits to the European economy (EUR 238 billion over a period of 6years)
But rapid SEPA migration necessary to reduce transitional costs forthe supply side – during the migration banks must operate dual paymentsystems
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VII. State of play Credit transfers: Successful SEPA launch
on 28 January 2008; % SEPA credit transfers steadily increasing (but still less than 2%)
Direct debits: SEPA scheme operational from November 2009
Cards: SEPA Card framework available and standards available
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VII. Future challenges and open questions• How quickly will critical mass be reached in SEPA?• Will SEPA products meet user’s expectations?• Will additional optional services imply a risk of
fragmentation?• Will an end date be needed?• Will payment institutions change the payments
landscape?• Will new payment schemes emerge in the market? How
will interchange fees evolve? Will there be a need for additional regulatory action?
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VIII. ConclusionsSEPA Necessary to complete monetary integration in euro-area Substantial benefits for customers New business opportunities for banks Infrastructure Consolidation > economies of scale realised > bring prices downPayments Services Directive Provides legal foundation for SEPA Increases competition and protects usersSEPA launch and migration New SEPA payment products launched from January 2008 – migration has
started for credit transfers and will start in November 2009 for direct debits Further steps are necessary: need for an end date? Major contribution to achievement of a more efficient Internal Market in the
European Union and a knowledge-based economy
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Food for thought
Establish clear policy objectives Use appropriate legal concepts Dialogue with stakeholders Make solid impact assessment and balance
different, sometimes contradictory policy objectives
Be able to reconsider and correct mistakes Avoid dogmatism!
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More information about the PSD?
http://ec.europa.eu/internal_market/payments/framework/index_en.htm