Implementation of Payment Accounts Directive (PAD) and FATCA

19.1.2018

Question for written answer E-000298-18
to the Commission
Rule 130
Sophia in 't Veld (ALDE)

The Payment Accounts Directive (Directive 2014/92/EU) establishes the right of access to a payment account with basic features for all consumers legally resident in the Union. However, as has been reported repeatedly to the Commission and to national authorities, so called ‘Accidental Americans’, many of them EU citizens, are increasingly facing difficulties caused by many banks refusing to accept them as customers as a consequence of FATCA.

This is a clear breach of the terms of the PAD. In its reply to Written Question E-005680-16, the Commission indicated it would assess the implementation of the PAD following the expiry of the deadline for its transposition (September 2016) and launch infringement proceedings where necessary.

1. Has the Commission carried out the announced assessment of the PAD and when will it publish the results?

2. Has the Commission included the situation of Accidental Americans in its assessment and can the Commission name those countries where there are reports of Accidental Americans encountering difficulties in obtaining access to financial services?

3. Has the Commission launched any infringement proceedings against Member States and if so against which?