Recital 36

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Recital 36

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(36)Consumers who are legally resident in the Union and who do not hold a payment account in a certain Member State should be in a position to open and use a payment account with basic features in that Member State. The concept of ‘legally resident in the Union’ should cover both Union citizens and third country nationals who already benefit from rights conferred upon them by Union acts such as Council Regulation (EEC) No 1408/71 ¹⁰ , Council Directive 2003/109/EC ¹¹ , Council Regulation (EC) No 859/2003 ¹² and Directive 2004/38/EC of the European Parliament and of the Council ¹³ . It should also include people seeking asylum under the Geneva Convention of 28 July 1951 Relating to the Status of Refugees, the Protocol thereto of 31 January 1967 and other relevant international treaties. Furthermore, Member States should be able to extend the concept of ‘legally resident in the Union’ to other third country nationals that are present on their territory.

13 Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC ( OJ L 158, 30.4.2004, p. 77 ). ↩
10 Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons and their families moving within the Community ( OJ L 149, 5.7.1971, p. 2 ). ↩
12 Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality ( OJ L 124, 20.5.2003, p. 1 ). ↩
11 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents ( OJ L 16, 23.1.2004, p. 44 ). ↩