James Lawless (Kildare North, Fianna Fail)
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225. To ask the Minister for Finance his views on a matter (details supplied); and if he will make a statement on the matter. [58720/22]

Paschal Donohoe (Dublin Central, Fine Gael)
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On 1 August 2014, the Single European Payment Area (SEPA) Regulation came into effect for all payment service providers (PSPs) and payment service users (PSUs) in the EU. Under the SEPA Regulation, it is illegal for PSPs and PSUs to refuse to accept any SEPA International Bank Account Number (IBAN) when making or receiving payments.

The legislation governing these matters is contained in EU Regulation 260/2012 (the 'SEPA Regulation'). Also relevant in this regard is Statutory Instrument No. 132 of 2013 (‘the Irish SEPA Regulations’), which gave effect to the SEPA Regulation in Ireland.

In Ireland, there are two National Competent Authorities (NCA) for the purposes of ensuring compliance with the SEPA Regulation and the Irish SEPA Regulations. The Central Bank of Ireland is the NCA in the State except in cases involving consumers and traders (such as a utility provider), in such cases the Competition and Consumer Protection Commission (CCPC) is the competent authority.

In this regard, the CCPC is the competent authority and in particular, for the purposes of enforcing Article 9(1) and 9(2) of the SEPA Regulations. Article 9(2) provides that a trader (business) accepting a credit transfer or using a direct debit to collect funds from a consumer holding a payment account located within the European Union shall not specify the Member State in which that payment account is to be located, provided that the payment account is in another Member State. Some examples of traders/businesses that consumers setup electronic payments with are utility companies, gyms etc.

In the first instance, it is suggested that the consumer tries to resolve the issue with the trader/business and highlight their obligations under SEPA. However, if the issue is not resolved the consumer should provide all relevant information and correspondence to the CCPC at the email address ask@ccpc.ie. This information will then be examined by the Consumer Protection Division of the CCPC.

The CCPC examine consumer issues in the context of overall consumer detriment, or loss and carry out whatever action (if any) is deemed necessary and appropriate. However, the CCPC will not be able to get involved in the consumer’s individual issue and this will have to be resolved between the trader/business and the consumer. The consumer can however inform the trader/business that the issue has been reported to the CCPC.

Cases falling under the remit of the Central Bank as NCA, should be reported directly to the Central Bank’s Public Contacts Unit by email at enquiries@centralbank.ie, or by telephone on either 0818 681 681 or +353 (1) 224 5800.