Boot Camp - European Interchange Regulation: State of Play

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Information about Boot Camp - European Interchange Regulation: State of Play
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Published on April 4, 2014

Author: OsborneClarke

Source: slideshare.net

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Presentation by Paul Anning, Partner at Osborne Clarke, on 1 April at the International Payments Summit 2014

osborneclarke.com 0 International Payments Summit 2014 – Boot Camp European Interchange Regulation: State of Play Paul Anning, Partner 1 April 2014

osborneclarke.com 1 Agenda European Interchange Regulation: State of Play • Overview of MIF Regulation (as proposed): ‒ Interchange fees ‒ Business rules • Points under amendment

osborneclarke.com 2 MIF Regulation Overview • Regulation, not a Directive • Immediate entry into force (once published) • Two key elements: ‒ sets caps on interchange fees ‒ details a series of business rules applicable to payment card schemes and related contractual (typically licensing) arrangements • Scope and definitions are key

osborneclarke.com 3 MIF Regulation Interchange fees - Overview • Sets immediate caps on interchange fees: ‒ cross-border debit card transactions: 0.2% per transaction ‒ cross-border credit card transactions: 0.3% per transaction • Extends cap after 2 years to ALL debit/credit card transactions (i.e. including domestic transactions) • Caps apply only to payment card transactions carried out within the EU where both payer's and payee's PSP are established in the EU • Interchange fee caps do not apply to: ‒ limited networks ‒ commercial cards ‒ ATM cash withdrawals ‒ 3-party payment card schemes

osborneclarke.com 4 MIF Regulation Interchange fees – Points to note • Provisions apply to PSPs, not card schemes directly • Definition of interchange fee is broad: ‒ "interchange fee or other agreed remuneration with an equivalent object or effect" ‒ any net compensation received by an issuing bank is treated as part of the interchange fee • Similarly, definition of card based payment transaction is broad • Debit card transactions include prepaid card transactions • Charge cards? • 3-party schemes caught where third party PSP is licensed

osborneclarke.com 5 MIF Regulation Interchange fees – Points under amendment • Transitional period – now (cross-border) and 2 years (domestic); or just 1 year (both cross-border and domestic) • Scope – application to (business and) commercial cards; 3- party schemes below a threshold; newly established schemes; etc • Cap – debit: the lower of 7 euro cents or 0.2%; Member States may set lower caps; definition of "net compensation" adjusted • MIFs – no higher for cross-border than domestic; applicable fee is the Member State where acquirer is situated

osborneclarke.com 6 MIF Regulation Business rules - Overview Co-badging Steering rules Unblending Honour All Cards rules Separation of scheme and processing Licensing MIF Regulation

osborneclarke.com Private & Confidential 7 Further reading • Payment Services Directive http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32007L0064:EN:NOT • Electronic Money Directive http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32000L0046:EN:NOT • European Commission’s Green Paper: Towards an integrated European market for card, internet and mobile payments http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:52011DC0941:EN:NOT • European Commission's draft proposal for a Network and Information Security Directive http://ec.europa.eu/information_society/newsroom/cf/dae/document.cfm?doc_id=1666 • ECB's Recommendations for the Security of Internet Payments http://www.ecb.int/pub/pdf/other/recommendationsforthesecurityofinternetpaymentsen.pdf • Single Market Act II http://ec.europa.eu/internal_market/smact/docs/single-market-act2_en.pdf • European Commission's proposal for a Payment Account Directive http://ec.europa.eu/internal_market/finservices-retail/inclusion/index_en.htm • European Commission's July 2013 package of draft legislative proposals for a revised PSD and a new Interchange Fees Regulation http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0550:FIN:EN:PDF • ECB's draft Recommendation for the Security of Mobile Payments http://www.ecb.europa.eu/paym/cons/pdf/131120/recommendationsforthesecurityofmobilepaymentsdraftpc201311en.pdf

osborneclarke.com 8 osborneclarke.com 8 Contact details – Paul Anning Paul Anning is head of European law-firm, Osborne Clarke's Financial Institutions Group and a specialist financial services lawyer. Paul has market leading experience and expertise in the payments industry where he has guided clients through new product development, regulatory change and transformational projects, such as the creation of the UK's Payments Council (which sets the strategy for UK payments), the merger creating VocaLink (the UK’s largest payments processor), the UK's first NFC enabled stored value mobile payment solution (QuickTap) and the acquisition of one of Europe's leading prepaid card issuers. Paul is well versed in the complexities of the payments industry's network arrangements. He also has a deep knowledge of legal and regulatory developments affecting the payments industry, including key European developments such as the Single Euro Payments Area (SEPA), the Payment Services Directive (PSD) and the Second Electronic Money Directive (2EMD). On PSD specifically, he has been involved since its inception in 2003 and has been advising the UK's Payments Council, banks and other payment service providers. Paul and the Osborne Clarke Payments team act for a range of clients from infrastructure providers and traditional credit institutions and GTS businesses through to electronic money issuers and corporates and retailers (including on corporate card and co-branded arrangements). Their Payments practice is recognized externally as top-tier ranking, with commentary such as - "Osborne Clarke is one of the leading practices working in the payments services sphere" and in July 2012 an award for "TMT Team of the Year 2012" at The Lawyer Awards for their work on Everything Everywhere and Barclaycard's QuickTap product. Paul Anning Partner T+44 (0) 20 7105 7446 paul.anning@osborneclarke.com TMT Team of the Year 2012 The Lawyer Awards IT Firm of the Year 2012 JUVE Awards

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