The proposed Payment Services Directive II - regarding comsumer protecion

Reference is made to the Presidency compromise text on the Commission proposal for a revised Payment Services Directive. As party to the EEA Agreement, Norway has implemented Directive 2007/64/EC (PSD I), and has a strong interest in how the revised Directive will be drafted.

Norway fully supports a modernization of the current legal framework promoting, inter alia, lower prices, innovation and increased consumer protection. Providing for safe and consumer-friendly payment services through a common legal framework for national regulation is of significant importance.

The revision of the directive raises several important issues. I would like to take this opportunity to highlight one important aspect related to consumer protection. The proposed liability rules in the Directive art. 66 does not include the existing option for Member States in PSD I art. 61 (3) to limit customer liability in cases of gross negligence. The text as proposed by the Precidency implies that national legislation must require payment card users to bear all losses on unauthorized transactions incurred by requiring unlimited liability in cases of gross negligence. In the current Norwegian legislation, for instance, the existing exemption in PSD I art. 61 has been used to limit customer liability in such cases to NOK 12000 (approximately 1500 Euro).

On this background, please allow me to urge the Presidency to include the current option in PSD 1 art. 61 (3) in the revised Directive, in order to allow maintaining the present level of consumer protection.

Yours sincerely
Siv Jensen