Regulation (EU) No 260/2012: direct debiting systems

7.6.2013

Question for written answer E-006563-13
to the Commission
Rule 117
Angelika Niebler (PPE)

In Germany, direct debiting can currently be authorised via the Internet. Apparently, as of February 2014 this will no longer be possible. German lending institutions understand the annex to Regulation (EU) No 260/2012, with its reference in point 3(a)(vii) to the signing of the payer’s mandate, to mean that authorisation may in future be given only in writing or in the form of a so-called e-mandate. The Bundesbank warns that direct debit orders made via the Internet, as has been common practice to date, will be unauthorised and may be returned unpaid within 13 months.

It is not feasible for online traders to use direct debit forms that require signature, as no customer who has placed an order online will then be prepared to put a debit form in the post.

The use of an e-mandate is, in theory, possible, but so far as the Bundesbank knows there are no plans for this type of system in Germany.

While larger online trading companies like Amazon or eBay, with their own payment systems, need not rely on direct debiting, the situation for smaller and medium-sized companies, in particular, is different. Having to resort in future to the use of more expensive payment methods may mean that such companies cease to be profitable.

1. Was the Commission aware when the regulation was being drafted that it could create this serious problem for smaller online trading companies?

2. Have the banks interpreted the regulation as the Commission intended it to be interpreted with regard to the requirement concerning the form of authorisation?

3. When is the e-mandate system likely to be introduced on a comprehensive (and compulsory) basis?

4. Would it be feasible, pending the introduction of that system, for an exception to be made for German payment transactions continuing to permit Internet authorisation provided that the possibility of using the SEPA direct debit scheme is also offered?

OJ C 47 E, 19/02/2014