Summary of Directive 97/5/CE
on Cross Border Credit Transfers,
published in OJ L 43 of 14/2/1997
Objective
The Directive aims at establishing minimum information and performance
requirements for cross-border credit transfers. Thus it wants to ensure
that funds can be transferred from one part of the Community to another
rapidly, reliably, inexpensively.
To this end, the Directive provides for:
- Transparency obligations (i.e. certain information obligations
before and after a transfer is made)
- Minimum standards for the transfer as such regarding execution time
and distribution of charges ("no double charging") as well as a
money-back guarantee in case a transfer gets lost
- Provision regarding efficient complaints and redress schemes
The Directive applies to transfers up to euro 50.000,- effectuated in
the currencies of the Member States and in Euro within the European
Union and the European Economic Area. It applies to "credit transfers"
carried out on the initiative of an originator. "Debit transfers" and
payments by cheques are not covered by the scope of the Directive.
The Cross-Border Credit Transfers Directive entered into force on 14
August 1999.
Contents
Obligation of Transparency vis-à-vis the Customer
Before carrying out a cross-border credit transfer, institutions must
provide general information on the arrangement of such a transfer:
- execution time
- the method of calculating any commission fees and charges payable by
the customer to the institution
- the value date applied by the institution
- details of complaint and redress procedures
- the reference exchange rates used
After a cross-border credit transfer has been carried out, institutions
must provide the following information:
- a reference enabling the customer to identify the transfer
- the actual (original) amount of the transfer
- the amount of any charges or commissions payable by the customer
- the value date applied by the institution
If the originator has specified that the transfer charges are to be
completely borne by the beneficiary ("BEN-transfer) or that the charges
shall be shared with the beneficiary ("SHARED-transfer"), the latter
must be informed of this by his own institution.
Minimum standards for the transfer as such
In cases of cross-border credit transfers with stated specifications,
the institution must - at the customers request - either give an
undertaking concerning the time needed for carrying out the transfer and
the commission fees and charges, or refrain from accepting to carry out
the transfer.
The transfer must be effected within the agreed time limit. If this
agreed time limit is not complied with, or - in the absence of any such
agreement - has not arrived at the beneficiary's account at the end of
5+1 bank business days following the date of acceptance of the
cross-border credit transfer, a compensation has to be paid. However, no
compensation has to be paid if the beneficiary's institution can
establish that the delay is attributable to the originator or to the
beneficiary.
If the originator does not specify otherwise, the transfer will be
carried out as an "OUR-transfer". Wrongful deductions by the
originator's or the beneficiary's institution or any intermediary
institution must be refunded.
In case a "transfer gets lost, " the "money-back guarantee" up to euro
12.500,- applies: i.e. if the originator's institution accepts a
transfer order but the relevant amount is not credited to the account of
the beneficiary's institution, the originator's institution has to
credit the originator up to euro 12.500 plus interest and charges.
It should be noted that the Cross-Border Credit Transfer Directive very
much facilitates consumer complaints and redress: now, the consumer has
to deal with only one partner, i.e. his own bank, in case something went
wrong with the cross-border credit transfer.
It should also be noted, however, that the Directive cannot regulate
the level of charges and costs at a European level. This must be left to
market forces. It is therefore advisable to compare the fees of the
different banks and to "shop around" as the fees vary considerably
between institutions.
Establishment of adequate complaints and
redress procedures
Member States have to ensure the existence of adequate and efficient
complaints and redress procedures. The access to courts in itself is not
sufficient to comply with the provisions of this Directive. However,
consumers must have the right to take legal steps in case he is not
satisfied with the result of the out of court settlement.
Please consult the list of the national complaint boards dealing with
cross-border complaints and redress according to Art. 10 of the
Directive.
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