Act No. 129 / 2022 Coll.
Act amending Act No. 370 / 2017 Coll., on Payment, as amended, and other related laws
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Law
Effective from 01.07.2022
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129
THE LAW
of 11 May 2022
amending Act No. 370 / 2017 Coll., on Payment, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Payment Act
The Act No. 370 / 2017 Coll., on Payment, as amended by Act No. 5 / 2019 Coll., Act No. 298 / 2021 Coll. and Act No. 353 / 2021 Coll., is amended as follows:
1. footnote 2 shall read:
"(2) Regulation (EU) No 260 / 2012 of the European Parliament and of the Council of 14 March 2012 laying down technical and commercial requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924 / 2009, as amended. Regulation (EU) 2015 / 751 of the European Parliament and of the Council of 29 April 2015 on interchange fees for card payment transactions. Regulation (EU) 2021 / 1230 of the European Parliament and of the Council of 14 July 2021 on cross-border payments in the Union (codified version). ';
2. In Article 2 (3), the words "if not for the execution of a payment transaction, the date which is not Saturday, Sunday or holiday 'shall be added at the end of the text in point (i).
3. in Article 2 (3) (n), the word "fraud" shall be replaced by "fraud."
4. In the second sentence of Article 3 (2), "§ 254 (3) 'is replaced by" § 254a'.
5. in Article 3 (3) (e) (1), the words "digital content or" deleted and after the word "services" shall be inserted the words "goods or services which are created and supplied in digital form, the use or consumption of which is restricted to technical equipment and which do not include the use or consumption of physical goods or services."
6. In Article 9, the following paragraph 3 is added:
"(3) An application for authorisation to act as a payment institution may be submitted for a legal person who has not yet been established and, in the proceedings concerning such an application, by the person designated as a statutory body by the founding act. The Czech National Bank shall grant such legal person an authorisation to operate a payment institution if it can reasonably be expected to meet the conditions set out in paragraph 1 on the date of its establishment. If a legal person does not arise within 6 months of the date on which the decision to grant an authorisation for the operation of a payment institution has become final, such authorisation shall be considered not to have been granted. ';
7. In Paragraph 10 (2), the second sentence is deleted.
8. In Article 22 (1) (b), the words "in the context of a payment transaction 'shall be inserted after the words" the payee or'.
9. In Article 35, the words "or authorised representative 'shall be inserted after the word" branch'.
10. In Paragraph 36, the following paragraph 3 is inserted after paragraph 2:
"(3) If the Czech National Bank becomes aware of the change in the data referred to in paragraph 1, it shall inform the supervisory authority of the host Member State. ';
Paragraph 3 shall become paragraph 4.
11. in Paragraph 36 (4), the words "and 2" are replaced by "to 3" and the reference to footnote 1 is replaced by the reference to footnote 10.
Footnote 10:
"(10) Commission Delegated Regulation (EU) 2017 / 2055 of 23 June 2017 supplementing Directive (EU) 2015 / 2366 of the European Parliament and of the Council with regard to regulatory technical standards in the field of cooperation and exchange of information between competent authorities concerning the exercise of the right of establishment and the freedom to provide services of payment institutions.";
12. in Articles 39 (2), 56 (2) and 97 (2), the reference to footnote 1 shall be replaced by a reference to footnote 10;
13. In Article 42, the following paragraph 3 is added:
"(3) An application for authorisation to operate as a payment account information controller may be submitted for a legal person who has not yet been created and, in the proceedings concerning such a request, by the person who has been designated as a statutory body by the founding act. The Czech National Bank shall authorise the legal person to act as payment account information administrator if it can reasonably be expected to meet the conditions set out in paragraph 1 on the date of its establishment. Where a legal person is not established within 6 months of the date on which the decision to grant an authorisation to the administrator of the payment account information becomes legal, such authorisation shall be deemed not to have been granted. ';
14. in Paragraph 43 (2), the second sentence is deleted;
15. in Paragraph 48 (1) of the introductory part of the provision, the word "payment" is replaced by "payment."
16. In Article 53, the following paragraph 3 is inserted after paragraph 2:
"(3) If the Czech National Bank becomes aware of the change in the data referred to in paragraph 1, it shall inform the supervisory authority of the host Member State. ';
Paragraph 3 shall become paragraph 4.
17. in Paragraph 53 (4), the words "and 2" shall be replaced by "to 3" and the reference to footnote 1 shall be replaced by a reference to footnote 10.
18. In the second sentence of Paragraph 58 (2), the words "not related to electronic money and 'shall be inserted after the words" small-scale issuers of electronic money and'.
19. in Article 59 (1) and (2):
"(1) The Czech National Bank shall authorise the activities of a small-scale payment service provider to the applicant,
(a) which has its registered office in the Czech Republic or its registered office in the Member State in which it actually operates and its branch in the Czech Republic;
(b) whose business plan is based on realistic economic calculations and complies with the conditions set out in Paragraph 58 (2);
(c) which ensures the protection of the funds entrusted to it by users for the execution of a payment transaction;
(d) which has a safety and operational risk management system in place;
(e) which has in place a system of internal principles, procedures and control measures to fulfil the obligations laid down by law to counter the legalisation of proceeds from crime and terrorist financing; and
(f) which is credible; the conditions of credibility shall also be met by the lead persons of the applicant and those who have a qualified participation in it.
(2) An application for authorisation for the activities of a small-scale payment service provider may be submitted for a legal person who has not yet been established and, in the proceedings concerning such a request, by the person designated as a statutory body by the founding act. The Czech National Bank shall grant such a legal person an authorisation for the activities of a small-scale payment service provider if it can reasonably be expected to meet the conditions set out in paragraph 1 on the date of its establishment. Where a legal person is not established within 6 months of the date on which the decision to grant an authorisation for the activities of a small-scale payment service provider has acquired legal authority, such authorisation shall be deemed not to have been granted. ';
20. in Paragraph 59 (3) (c), the words "points (a) to (f)" shall be deleted;
21. In Paragraph 59 (4), the words "and the system for handling complaints and complaints from users" shall be deleted.
22. Paragraph 62 (2) is deleted and paragraph 1 is deleted.
23. The following Section 65a is inserted after Section 65:
(1) A small-scale payment service provider applies a system for handling complaints and complaints from users.
(2) The implementing act lays down the way in which the requirements of the user complaint and complaint system referred to in paragraph 1 are met. "
24. In Article 68, the following paragraph 3 is added:
"(3) An application for authorisation to operate an electronic money institution may be submitted for a legal person who has not yet been established and, in the proceedings concerning such an application, by the person designated as a statutory body by the founding act. The Czech National Bank shall grant an authorisation to that legal person to operate an electronic money institution if it can reasonably be expected to meet the conditions laid down in paragraph 1 on the date of its establishment. If a legal person is not established within 6 months of the date on which the decision to grant an authorisation to an electronic money institution has acquired legal authority, such authorisation shall be considered not to have been granted. ';
25. in Paragraph 69 (2), the second sentence is deleted;
26. in Article 75 (3) (d), a comma is inserted after the word "money."
27. in Article 80 (1) (b), the words "in the context of a payment transaction" shall be inserted after the words "the beneficiary or";
28. in § 91 (1) of the introductory part of the provision, § 91 (1) (b), § 92 (1) first sentence and in § 93 (1), the words "extradition" shall be inserted after the words "services or";
29. in Article 92 (4), the words "extradition" shall be inserted after the words "on."
30. In Article 92 (5), the words "extradition or 'shall be inserted after the words" or'.
31. in Article 93a, the words "or authorised representative" shall be inserted after the word "branch," and the words "consent to" shall be inserted after the word "extradition";
32. In Paragraph 94, the following paragraph 3 is inserted after paragraph 2:
"(3) If the Czech National Bank becomes aware of the change in the data referred to in paragraph 1, it shall inform the supervisory authority of the host Member State. ';
Paragraph 3 shall become paragraph 4.
33.In Paragraph 94 (4), the words "and 2 'are replaced by the words" to 3' and the reference to footnote 1 is replaced by the reference to footnote 10.
34. In Paragraph 99 (2), the sentence "If an electronic money issuer of a small scale is a member of a group, the electronic money issued by other small scale electronic money publishers belonging to the same group shall be added after the first sentence."
35. in the second sentence of Paragraph 99 (3), the words "small-scale payment service providers" shall be inserted after the words "carried out."
36. in Article 100 (1) and (2):
"(1) The Czech National Bank shall grant authorisation to the applicant for the activities of a small-scale electronic money issuer,
(a) which is a legal person;
(b) which has its registered office in the Czech Republic or its registered office in the Member State in which it actually operates and its branch in the Czech Republic;
(c) whose business plan is based on realistic economic calculations and complies with the conditions set out in Article 99 (2) and (3);
(d) which has a safety and operational risk management system in place;
(e) which ensures the protection of funds against which electronic money has been issued or which have been entrusted to it for the execution of a payment transaction,
(f) which has in place a system of internal principles, procedures and control measures to fulfil the obligations laid down by law to counter the legalisation of proceeds from crime and terrorist financing; and
(g) which is credible; the conditions of credibility shall also be met by the lead persons of the applicant and those who have a qualified participation in it.
(2) An application for authorisation for the activities of a small-scale electronic money issuer may be submitted for a legal person who has not yet been created and, in the proceedings concerning such an application, by the person designated as a statutory body by the founding act. The Czech National Bank shall authorise the legal person to act as a small-scale electronic money issuer if it can reasonably be expected to meet the conditions set out in paragraph 1 on the date of its establishment. If a legal person is not established within 6 months of the date on which the decision to grant an authorisation for the activities of a small-scale electronic money issuer has become legal, such authorisation shall be regarded as not being granted. ';
37. in Article 100 (4), the words "and the system for handling complaints and complaints from users" shall be deleted;
38. Paragraph 103 (2) is deleted and paragraph 1 is deleted.
39. In the first sentence of Paragraph 105, the words "and (e) 'shall be inserted after the words" (c)'.
40. The following Section 106a is inserted after Section 106:
(1) A small-scale electronic money issuer applies a system of complaints and complaints to users.
(2) The implementing act lays down the way in which the requirements of the user complaint and complaint system referred to in paragraph 1 are met. "
41.Paragraph 109 (2) reads as follows:
"(2) Where a participant in a payment system with irrevocability of settlement refuses to conclude a contract with a person authorised to provide payment services in accordance with paragraph 1, he shall inform him of the reasons for the refusal. A payment system participant with irrevocability of settlement shall not inform the person authorised to provide payment services of the grounds for refusal if, by communicating the reasons, he would infringe the provisions of the law governing action against the legalisation of proceeds from crime and terrorist financing or other legislation. ';
42. In Paragraph 112 (2) (a), the word "persons" shall be inserted after the word "number."
43.In Paragraph 118 (2) (d), the word 'system' is replaced by 'system'.
44. In Paragraph 118, the following paragraph 3 is inserted after paragraph 2:
"(3) An application for authorisation to operate a payment system with irrevocability of settlement may be submitted for a legal person who has not yet been established and, in the proceedings concerning such an application, by the person designated as a statutory body by the founding act. The Czech National Bank shall grant such legal person authorisation to operate a payment system with irrevocability of settlement if it can reasonably be expected to meet the conditions laid down in paragraph 1 on the date of its establishment. If a legal person is not established within 6 months of the date on which the decision to grant an authorisation to operate a payment system with irrevocability of settlement has acquired legal authority, such authorisation shall be considered not to have been granted. ';
Paragraphs 3 and 4 shall be renumbered paragraphs 4 and 5.
45. in § 122 (1) (a):
"(a) the name of the participants in the payment system with irrevocability of settlement, of their registered office, of their identification number of the person, if assigned, and of the change of such data and, in the case of natural persons, of the date and place of birth; and ';
46. In Part Three, Title II, the words "public authorities' shall be deleted from heading 5.
47. In Section 125, the words "a court or other public authority 'are replaced by the words" a payment system operator with irrevocable settlement'.
48. In Section 125, the words "or a participant in a foreign payment system with irrevocability of settlement which has its registered office in the Czech Republic 'are inserted after the word" settlement', and the words "in insolvency proceedings' are replaced by the words" in accordance with the bankruptcy law and its methods of resolution '.
49. in Article 126 (4) and (5), "Article 125" shall be replaced by "decision or other intervention by a public authority pursuant to Article 115 (2)."
50. In Article 129, the following paragraph 4 is inserted after paragraph 3:
"(4) In the case of means of payment for small payments, the provider and the user may agree that the payer cannot withdraw the payment order after the payer has transmitted it to the payee."
Paragraph 4 shall become paragraph 5.
51. in Paragraph 131 (1), the word "provider" is replaced by "third parties."
52. In Article 131, the following paragraph 4 is added:
"(4) In assessing whether the supplier has provided or made available to the user information under this Title, the burden of proof shall lie with the provider. ';
(53) In Article 136 (1) (b), the words "where the reference rate or the reference exchange rate is used" shall be inserted after the words "used or";
54. in Article 152 (5) and in Article 154 (2), the text "2" shall be deleted;
55. In the second sentence of Article 160 (3), the words "if not for a payment order pursuant to Article 158 (2)," shall be inserted after the word "order."
56. In paragraph 160, the sentence "In the case of a standing order, this applies only to the first payment transaction 'is added at the end of paragraph 4.
57. in § 161 (3) (c) and in § 191 (3) (c), the word "self" shall be replaced by "own."
58.
Deadline for execution of a payment transaction within a single provider
Paragraph 169 does not apply to payment transactions within the same provider in the Czech Republic. In this case, the amount of the payment transaction must be credited to the payee's payment account or, if the provider does not know the payee's payment account, made available to the payee immediately after the receipt of the payment order. Where such a payment transaction involves a currency exchange other than between the currencies of the Member States, the payer and his provider may agree on a period of one working day longer. ';
(59) In Paragraph 182 (3) (c), the words "breach of the obligation to require" are replaced by the words "not requested" and the words "in cases under Paragraph 223 (1) or (6)" are added at the end of the text of the letter.
60. In Paragraph 199 (3), footnote 1 is replaced by footnote 11.
footnote 11:
"(11) Commission Implementing Regulation (EU) 2018 / 34 of 28 September 2017 laying down implementing technical standards with regard to the standardised format for the communication of information on fees and its common symbol pursuant to Directive 2014 / 92 / EU of the European Parliament and of the Council. ';
61. In Section 201, the reference to footnote 12 is added at the end of paragraph 4.
Footnote 12 reads:
the following point is inserted:
62. In Paragraph 205 (1), the word "a 'shall be deleted at the end of point (b).
63. In Article 205, at the end of paragraph 1, the dot is replaced by "a 'and the following point (d) is added:
"(d) inform the user of its rights under Article 5 (3) (d) of Regulation (EU) No 260 / 20122 of the European Parliament and of the Council, if the outgoing direct debits are made in euro in accordance with paragraph 4.";
(64) In Article 210 (1) (a), the words "and enabling the holder of the basic payment account to draw services in accordance with Article 212" shall be inserted after the word "currency."
65.In Article 215 (1), the word 'or' shall be deleted at the end of point (c).
66. In Paragraph 215 (1), the dot at the end of paragraph 1 is replaced by "or 'and the following point (e) is added:
"(e) infringes substantially the basic payment account contract."
67.In Article 215 (3), the word "or" shall be replaced by a dot and point (c) shall be deleted at the end of point (b).
68. In Article 215 (5), the words "or (c) 'are deleted.
69. In Section 216, at the end of the text of paragraph 2, the words "and shall explain in detail the nature of the basic payment account offered and the procedure for its establishment 'shall be added.
70. At the end of the title of Section 222, the words "and fraudulent conduct 'are added.
71.In Paragraph 222 (1):
"(1) The person authorised to provide payment services shall inform:
(a) the supervisory authority of the home Member State on the security and operational risks to which it is exposed in connection with the provision of payment services and on the measures to mitigate those risks, including the control mechanisms introduced following those risks; and
(b) The Czech National Bank on fraudulent negotiations recorded in the area of payment transactions when providing payment services in the Czech Republic. "
72. In Paragraph 222 (2), the word "fraud 'is replaced by" fraud'.
73. In Article 222 (3), the words "the Czech National Bank 'shall be inserted after the word" information'.
74. In Paragraph 223 (1) (c), the word "fraud" is replaced by "fraud."
75. in Article 223 (5) and (6), footnote 1 is replaced by footnote 13;
Footnote 13 reads:
"(13) Commission Delegated Regulation (EU) 2018 / 389 of 27 November 2017 supplementing Directive (EU) 2015 / 2366 of the European Parliament and of the Council with regard to regulatory technical standards on strong customer authentication and common and secure open communication standards. ';
76. in Article 226 (2), the following point (a) is inserted:
"(a) it does not apply the safety and operational risk management system referred to in Article 59 (1) (d);"
Points (a) to (d) shall be renumbered (b) to (e).
77.In Article 226 (2) (d), the word 'or' is deleted.
78. In Paragraph 226, at the end of paragraph 2, the dot is replaced by "or 'and the following point (f) is added:
"(f) it does not apply the complaint and complaint system provided for in Paragraph 65a (1)."
79.In Article 226 (3) (a), the words "entrusted to it for the execution of a payment transaction" shall be deleted.
80. Paragraph 226 (4) reads as follows:
"(4) A penalty may be imposed in respect of an offence:
(a) 1 000 000 CZK if it is an offence referred to in paragraph 2 (f);
(b) 5 000 000 CZK if the offence referred to in paragraph 1 (e) or (g), paragraph 2 (a), (b), (d) or (e) or paragraph 3 (b) or (c) is committed;
(c) 10 000 000 CZK if the offence referred to in paragraph 1 (b), (c), (d) or (f) is committed; or
(d) 20 000 000 CZK if the offence referred to in paragraph 1 (a), paragraph 2 (c) or paragraph 3 (a) is committed. "
81. In § 228 (1) (h), the words "§ 93 (1)" are inserted after the words "§ 88 (1)."
82. in Article 228 (2), the following point (a) is inserted:
"(a) it does not apply the safety and operational risk management system referred to in Article 100 (1) (d);"
Points (a) to (e) shall be renumbered (b) to (f).
83.In Paragraph 228 (2) (e), the word 'or' is replaced by a comma.
84. In Paragraph 228, the dot at the end of paragraph 2 is replaced by "or 'and the following point (g) is added:
"(g) does not apply the complaint and complaint system provided for in Article 106a (1)."
85. in Article 228 (3) (a), the words "against which electronic money has been issued or entrusted to them for the execution of a payment transaction" shall be deleted;
86. Paragraph 228 (4) reads as follows:
"(4) A penalty may be imposed in respect of an offence:
(a) 1 000 000 CZK if the offence referred to in paragraph 2 (g) is committed;
(b) 5 000 000 CZK if the offence referred to in paragraph 1 (f) or (h), paragraph 2 (a), (b), (d) or (e) or paragraph 3 (b) or (c) is committed;
(c) 10 000 000 CZK if the offence referred to in paragraph 1 (b) to (e) or (g) or paragraph 2 (f) is committed; or
(d) 20 000 000 CZK if the offence referred to in paragraph 1 (a), paragraph 2 (c) or paragraph 3 (a) is committed. "
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Regulation Information
| Citation | Act No. 129 / 2022 Coll., amending Act No. 370 / 2017 Coll., on Payment, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 27.05.2022 |
|---|---|
| Effective from | 01.07.2022 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 68
The regulation text is for informational purposes only.
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