34 Amendments of Henrike HAHN related to 2023/0208(COD)
Amendment 30 #
Proposal for a regulation
Recital 6
Recital 6
(6) In order to ensure that the principle of mandatory acceptance of payments in euro banknotes and coins is not effectively undermined by widespread and structural refusals of cash payments, it is necessary for Member States to monitor the level of ex antadherence to the prohibition of the unilateral exclusions of payments in cash when transactions are performed in physical premises. Therefore, Member States should regularly monitor the level ofadherence to the prohibition of the unilateral ex ante exclusions of payments in cash when payments are performed in physical premises throughout their territory, in all their different regions, including urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. If in light of their assessment acceptance of payments in cash is ensured on their territory, Member States would not need to adopt specific measures in relation to their respective obligation. However, they would need to continue monitoring the situation. If a Member State concludes that ex ante unilateral exclusions of payments in cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation, such as a prohibition or restrictions onenforce the prohibition of ex ante unilateral exclusions of cash in all or parts of its territory, for example in rural areas, or in certain sectors which are deemed essential such as post offices, supermarkets, pharmacies or healthcare, or for . To this end, Member States should equip national competent authorities with all the required competencies and resources to ensure the mandatory accerptain types of payments which are deemed essentialnce by payees.
Amendment 42 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Commission should be empowered to adopt implementing acts on a set of common indicators of general application in the euro area and methodologies for the gathering of these indicators, which would allow the Member States to effectively monitor and assess the acceptance of payments in cash and access to cash throughout their territory, in all their different regions, including urban and non-urban areas. In view of the preparation of such implementing acts, the Commission should consult the European Central Bank.
Amendment 44 #
Proposal for a regulation
Recital 9
Recital 9
(9) The Commission should be empowered to adopt implementing acts addressed to a specific Member State when the measures proposed by that Member State appear insufficient or in cases where, in spite of the findings of the annual report sent by that Member State, ex ante unilateral exclusions of cash are undermining the principle of mandatory acceptance of payments in euro banknotes and coins and/or where access to cash is not sufficient and effective. Such an implementing act could require the Member State concerned to take measures such as those outlined in recitals 7 and 8, or measures that have been considered effective in other Member States in ensuring that the principles of mandatory acceptance of payments in cash or sufficient and effective access to cash are not undermined. When preparing those implementing acts, the Commission should consult the European Central Bank.
Amendment 47 #
Proposal for a regulation
Recital 10
Recital 10
(10) In accordance with the principle of sincere cooperation, the Commission, the European Central Bank and the designated national competent authorities with the required powers as regards acceptance of payments in cash and access to cash, and over the cash-related market activities of the cash industry should closely collaborate on issues related to acceptance of payments in cash and access to cash. A regular dialogue among these institutions and authorities, based notably on the annual reports of Member States to the Commission and the European Central Bank, should aim at identifying cases of widespread ex ante unilateral exclusions of cash and inadequate access to cash in specific national territories or regions. It would also aim at designing and adopting remedial measures that Member States should adopt as a means to comply with their obligations to ensure acceptance of cash and sufficient and effective access to cash.
Amendment 51 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 58 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies toin the settlement of pecuniary debts in so far as they areMember States whose currency is the euro. It applies to bthe settledment of pecuniary debts in cash, in whole or in part, where a payment obligation exists in accordance with the applicable law or established legal practices. To ensure the effectiveness of the legal tender of cash, this Regulation applies also to ex ante unilateral exclusion of payments in cash and to the access to cash.
Amendment 65 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
4. ‘ex ante unilateral exclusions of cash’ means a situation when a retailer or service provider unilaterally excludes cash as a payment method for example by introducing a ‘no cash’ sign or by using a pre-formulated standard form contract. In this case, the payer and payee do not freely agree to a means of payment for a purchase;
Amendment 74 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
Article 5 – paragraph 1 – subparagraph 1 – point b
(b) where, prior to the payment, the payee has agreed with the payer on a different means of payment, subject to Article 5a.
Amendment 80 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
For the purposes of points (a) and (b), the burden of proof to establish that such legitimate and temporary grounds existed in a particular case and that the refusal was proportionate shall be on the payee.
Amendment 90 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Prohibition of the unilateral exclusion of payments in euro banknotes and coins Payees subject to the obligation to accept euro banknotes and coins shall not use contractual terms that have not been individually negotiated or commercial practices which have the object or the effect to exclude the use of euro banknotes and coins by the payers of monetary debts denominated in euro. Such contractual terms or commercial practices shall not be binding on the payer. A contractual term shall be regarded as not individually negotiated where it has been drafted in advance and where the payer has therefore not been able to influence the substance of the term, particularly in the context of a pre- formulated standard contract.
Amendment 96 #
Proposal for a regulation
Article 6
Article 6
Amendment 100 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. In order to ensure the acceptance of cash in accordance with Article 4(2), Member States shall monitor the acceptance of payments in cash and the levelcases of ex ante unilateral exclusions of payments in cash throughout their territory, in all their different regions, including urban and non- urban areas, on the basis of the common indicators adopted by the Commission and shall assess the situation.
Amendment 101 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. If a Member State considers that the level ofmandatory acceptance of payments in cash in their territory or parts thereof undermines mandatory acceptance of euro banknotes and coinsis undermined, it shall set out the remedial measures it commits to take in accordance with Article 9(4).
Amendment 123 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. For the purposes of Articles 7 and 8, the Commission shall adopt implementing acts of general application on a set of common indicators and concrete methodologies for gathering of these indicators Member States shall use to monitor and assess the acceptance of payments in cash and access to cash throughout their territory, in all their different regions, including urban and non- urban areas. Those implementing acts shall be adopted [within X months after the entry into force of this Regulation] in accordance with the advisory procedure referred to in Article 11. When preparing those implementing acts, the Commission shall consult the European Central Bank.
Amendment 129 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If a Member State considers that the level ofmandatory acceptance of payments in cash undermines mandatory acceptance of euro banknotes and coinsis undermined or that sufficient and effective access to cash is not ensured, it shall indicate in its annual report the remedial measures it commits to take in order to comply with the obligations set out in Articles 7 and 8 as well as the measures that have been implemented since the last reporting. The remedial measures shall enter into force without undue delay.
Amendment 136 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Commission shall examine the annual reports in close consultation with the European Central Bank. If the remedial measures proposed by a Member State pursuant to paragraph 4 appear insufficient, or if the Commission considers that the acceptance of cash payments or sufficient and effective access to cash in a Member State is not in line with the obligations set out in Articles 7 and 8 despite the findings of the annual report, the Commission shall adopt implementing acts providing for adequate and proportionate measures that shall be adopted by the Member State concerned within the deadline laid down in the respective implementing act. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 11. When preparing those implementing acts, the Commission shall consult the European Central Bank.
Amendment 138 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The power to adopt delegated acts referred to in Article 612 shall be conferred on the Commission for an indeterminate period of time from … [date of entry into force of this Regulation].
Amendment 139 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The power to adopt delegated acts referred to in Article 612 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 141 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. A delegated act adopted pursuant to Article 612 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Amendment 144 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall lay down theharmonised rules on penalties [including financial penalties and non-criminal fines] applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, within one year after the entry into force of this Regulation, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 146 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
By ... [two months after the entry into force of this Regulation], the Commission shall adopt a delegated act in accordance with this Article to supplement this Regulation by setting minimum penalties for infringements of this regulation.
Amendment 147 #
Proposal for a regulation
Article 13 – paragraph 1 – point a
Article 13 – paragraph 1 – point a
Amendment 150 #
Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
Article 13 – paragraph 1 – point b a (new)
(ba) the methodology according to which this data was gathered, processed and analysed;
Amendment 151 #
Proposal for a regulation
Article 13 – paragraph 1 – point b b (new)
Article 13 – paragraph 1 – point b b (new)
(bb) statistics about complaints received by the national competent authority as per type of stakeholder, average elapsed time between date of submission and remedies and class of remedies provided;
Amendment 156 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. The Commission shall publish the reports of Member States online and, where necessary, translate them in all official EU languages.
Amendment 157 #
Proposal for a regulation
Article 13 – paragraph 3 b (new)
Article 13 – paragraph 3 b (new)
3b. The Commission shall publish an annual transparency report that includes their analysis of the situation throughout the Union, trends observed, as well as summaries of the discussions between the European Central Bank, the Commission and national competent authorities.
Amendment 158 #
Proposal for a regulation
Article 14 – title
Article 14 – title
Duty of Member States to inform aboutprovide effective access to remedies
Amendment 163 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall provide natural persons and enterpriselegal persons with clear information on the channels and effective remedies they have at their disposal to lodge complaints with competent national authorities about cases of unlawful refusal to accept cash and insufficient and ineffective access to cash.
Amendment 168 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Without prejudice to the disputes concerning the lawfulness of the processing of personal data, the complaint mechanism shall oblige Member States to adhere to procedural guarantees for a reasonable and effective access to remedies within a period of one month. Directive (EU) 2020/1828 shall apply to the representative actions brought against infringements of provisions of this Regulation that harm or may harm the collective interests of consumers.
Amendment 169 #
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. The complaints may be lodged with the national competent authority in which the concerned party is established. On request of the complainant the Commission may defer a case to another national competent authority. In case of cross-border complaints, the Commission shall have the right to defer the case to another national competent authority, upon request of the party that lodged the complaint.
Amendment 170 #
Proposal for a regulation
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
1c. Within six months of the entering into force of this Regulation, the Commission shall establish minimum requirements on the implementation of Article 14 by Member States.
Amendment 171 #
Proposal for a regulation
Article 14 – paragraph 1 d (new)
Article 14 – paragraph 1 d (new)
1d. Member States shall lay down the rules on remedies applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The remedies provided for shall be effective and proportionate. Member States shall, within one year after the entry into force of this Regulation, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 175 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Euro banknotes and coins and the digital euro shall be convertible into each other at parfully-fungible.
Amendment 177 #
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Directive (EU) 2020/1828
Annex I – point 68 (new)
Annex I – point 68 (new)
Article 15a Amendment to Directive (EU) 2020/1828 [Representative Action Directive] In Annex I to Directive (EU) 2020/1828, the following point is added: ‘(68) Regulation (EU) 20../…. of the European Parliament and of the Council on the legal tender of euro banknotes and coins (OJ L[…], [……….], [p. ..]).’