Clarification: ban on card payment surcharging

In recent weeks several erroneous reports have appeared in the media with regard to the ban on surcharging for payments made with certain payment instruments in accordance with the new Directive on payment services in the internal market (the PSD2).

For the purpose of avoiding any ambiguity, we can clarify that the Payment Services, Electronic Money Issuance Services and Payment Systems Act (the ZPlaSSIED), which implements the PSD2 into Slovenian law and was adopted by the National Assembly of Republic of Slovenia on 25 January of this year, stipulates inter alia that the ban applies to surcharging (demanded by merchants for accepting a card as a payment instrument) on payments with all payment cards issued to consumers in Slovenia by payment service providers (banks, savings banks, electronic money institutions, payment institutions). Reason for the ban on surcharging in PSD2 is Regulation 2015/751, which among others restricts interchange fees and applies to payment transactions with the aforementioned cards. The ban on surcharging does not apply to withdrawals at ATMs or at bank counters.

See here for more on the ban on surcharging by payment recipients, see this link for more information about the PSD2, and see here for information about the new payment services.