Second Payment Services Directive (PSD2)
Question for written answer E-001883-18
to the Commission
Ivan Štefanec (PPE)
PSD2 excludes from its scope some low-risk payment services like those provided within ‘a limited network’ (Article 3(k)).
This includes store, gift or loyalty cards which can be used only on the premises or website of the provider that issued the card. European customers like the convenience and security of these cards to easily and safely purchase their goods, allow their loved ones to choose their preferred gifts or gather loyalty points at a given offline or online store.
These cards are offered at many offline (Debenhams or Galeries Lafayette) and online stores (iTunes, Amazon or Marks and Spencer).
However, Member States apply Article 3(k) differently. This lowers customer choice and protection, is not technology-neutral, distorts competition between offline and online stores and causes legal uncertainty for pan-EU operators. To foster the digital single market through harmonised application of PSD2, can the Commission confirm that:
- —Conditions of Article 3(k)(i) are mutually exclusive;
- —‘Premises’ under Article 3(k) includes a company’s website; and
- —The volume of transactions, payment instruments issued or number of providers in the network are irrelevant for the application of Article 3(k), provided that the payment instrument is used only within the premises or a website of the issuer.