Response to consultation on draft Guidelines on the limited network exclusion under PSD2
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Therefore it makes no sense for us to restrict the usage of a single-card.
Further criterias like participating businesses or the turnover shouldn't be fixed, it always depends on the whole concept. Think of Amazon which can emit digital vouchers with many billions (only one company) or American Express which issue payback cards with a volume of some billions and many thousand acceptance points (but only a few companies). A regulation of a limited network with some hundred SME within a region and a turnover with a few million shouldn't be regulated on the PSD2 framework. The notification process for this category above one million should be as simple as possible.
On 2.2.: Please consider to differ between non-profit and social cooperations and others. Complementary currencies are social innovations with the aim to foster cultural, environmental and social purposes. The "currency design for societal challenges" should be one criteria.
Q1. Do you have comments on Guideline 1 on the specific payment instruments under Article 3(k) of PSD2?
Single-card-restriction: It's not convenient to use two cards for one transaction. Therefore it should be no restrictions in technology. Using one card for two forms of payment is the same as one app which allows two or more functions of payment. There could be constellations with a combination of a payment instrument excempted under article 3 combined with a regulated card.Therefore it makes no sense for us to restrict the usage of a single-card.
Q2. Do you have comments on Guideline 2 on the limited network of service providers under Article 3(k)(i) of PSD2?
On 2.1. c) In the case of geographical borders there are quite clear rules in Germany with regions oriented on the postal zip codes. Local community currencies are limited in growth because they are pegged to regions. Turnover is often below one million euro but can be a few million euro too. Local community currencies are normally emitted by non profit associations or social cooperatives which are active in the sector of solidarity economy. The link to a region guarantees the connection to people and governance by them. Reserves are owned by the citizens who control the governance structures. The regional focus limits the scope for business models. The regulation process and the evaluation is quite expensive for non-profit-oriented models which are located in a region which mostly doesn't exceed a "Nuts 2"-Region and is mostly smaller than that.Further criterias like participating businesses or the turnover shouldn't be fixed, it always depends on the whole concept. Think of Amazon which can emit digital vouchers with many billions (only one company) or American Express which issue payback cards with a volume of some billions and many thousand acceptance points (but only a few companies). A regulation of a limited network with some hundred SME within a region and a turnover with a few million shouldn't be regulated on the PSD2 framework. The notification process for this category above one million should be as simple as possible.
On 2.2.: Please consider to differ between non-profit and social cooperations and others. Complementary currencies are social innovations with the aim to foster cultural, environmental and social purposes. The "currency design for societal challenges" should be one criteria.