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Article 17 - Regulation 2015/751 (MIF Regulation)

Article 17

Review clause

By 9 June 2019, the Commission shall submit a report on the application of this Regulation to the European Parliament and to the Council. The Commission's report shall look in particular at the appropriateness of the levels of interchange fees and at steering mechanisms such as charges, taking into account the use and cost of the various means of payments and the level of entry of new players, new technology and innovative business models on the market. The assessment shall, in particular, consider:

(a)

the development of fees for payers;

(b)

the level of competition among payment card providers and payment card schemes;

(c)

the effects on costs for the payer and the payee;

(d)

the levels of merchant pass-through of the reduction in interchange fee levels;

(e)

the technical requirements and their implications for all the parties involved;

(f)

the effects of co-badging on user-friendliness, in particular for the elderly and other vulnerable users;

(g)

the effect on the market of the exclusion of commercial cards from Chapter II, comparing the situation in those Member States where surcharging is prohibited with those where it is permitted;

(h)

the effect on the market of the special provisions for interchange fees for domestic debit card transactions;

(i)

the development of cross-border acquiring and its effect on the single market, comparing the situation for cards with capped fees and cards which are not capped, to consider the possibility of clarifying which interchange fee applies to cross-border acquiring;

(j)

the application in practice of the rules on separation of payment card scheme and processing, and the need to reconsider legal unbundling;

(k)

the possible need, depending on the effect of Article 3(1) on the actual value of interchange fees for medium and high value debit card transactions, to revise that paragraph by providing that the cap should be limited to the lower amount of EUR 0,07 or 0,2 % of the value of the transaction.

The report by the Commission shall, if appropriate, be accompanied by a legislative proposal that may include a proposed amendment of the maximum cap for interchange fees.