30 Amendments of Chris MACMANUS related to 2023/0208(COD)
Amendment 29 #
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 ante unilateral exclusions of payments in cash when transactions are performed in physical premises. Therefore, Member States should regularly monitor the level of 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 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 on 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 a Member State concludes that ex ante unilateral exclusions of 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 measures to enforce the prohibition of ex ante unilateral exclusions of cash in all or parts of its territory. 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 34 #
Proposal for a regulation
Recital 7
Recital 7
(7) With a view to an effective implementation of their obligation to ensure sufficient and effective access to cash, Member States should regularly monitor the level of access to cash 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. Common indicators could include factors that affect access to cash, such as density of cash access points in relation to population, withdrawal and deposit conditions, including fees, the existence of different networks with different access modalities for customers, urban-rural and socio- economic variations, and access difficulties for certain population groups. If in the light of their assessment access to cash is deemed sufficient and effective 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 access to cash is not sufficient and effective in all or part of its territory, or is at risk of deteriorating in the absence of action, appropriate remedial measures should be taken to remedy the situation, such as geographic access requirements on payment service providers providing cash withdrawal services to maintain cash services at a sufficient number of their branch offices where they conduct business, or through an appointed agent for online only credit institutions, or maintain a sufficient density of automated teller machines (ATMs) where they conduct business taking into account a good geographic spread in relation to population, also taking into account possible pooling of ATMs. Other remedial measures could include recommendations addressed to non-credit institutions, such as independent ATM operators, retailers or post offices, encouraging to complement the cash services of banks. To facilitate monitoring by Member States, payment services providers and ATM providers should notify the national competent authority in writing of the closure of each ATM or bank branch and share an assessment of whether the sufficient and efficient access to cash is still guaranteed as defined by the common indicators. Where gaps in the access to cash appear, the provider responsible for the closure should take remedial measures to maintain efficient access to cash.
Amendment 37 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Cash has an essential role as a payment system in the event of natural or human-made disasters such as a floods, wild fires, cyberattacks and internet outages as other digital payment methods are likely not working in the event of a disaster. Member States should set up strategies to ensure efficient distribution and cash management processes adapted to different crisis scenarios.
Amendment 46 #
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 50 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 54 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Unilateral practices as to the non- acceptance of cash payments followed by public entities (e.g. public hospitals and public museums) are not regulated procedures for the settlement of pecuniary obligations provided for in the legislation of a Member State. They are thus ex ante unilateral exclusions of cash.
Amendment 63 #
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 75 #
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 in accordance with Article 5a.
Amendment 81 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2 a (new)
Article 5 – paragraph 1 – subparagraph 2 a (new)
For the purposes of point (b), the burden of proof to establish that such an agreement existed in a particular case shall be on the payee.
Amendment 92 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Prohibition of ex ante unilateral exclusions of cash 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 objective or the effect to exclude the use of cash 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 pre- formulated standard contracts.
Amendment 97 #
Proposal for a regulation
Article 6
Article 6
Amendment 103 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. If a Member State considers that the level of mandatory acceptance of payments in cash in their territory or parts thereof undermines mandatory acceptance of euro banknotes and coinshas been undermined, it shall set out the remedial measures it commits to take in accordance with Article 9(4).
Amendment 110 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
Common indicators shall assess at least the following criteria: (a) The access to ATMs including the geographical distance by road and public transport and the number of ATMs in relation to population density; (b) The availability of ATMs for cash deposits and cash funding of digital euro accounts; (c) The availability of banknotes of different values at ATMs; (d) The availability of cash services over the counter including opening hours of bank branches; (e) The accessibility of ATMs and bank branches in line with the EU Accessibility Act; and Charges for cash services at ATMs and over the counter. (f) the availability of ATMs on a 24 hour basis.
Amendment 113 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. ATM providers and payment service providers who intend to close a bank branch or an ATM shall perform a detailed impact assessment based on the common indicators to ensure that sufficient and effective access to cash is still guaranteed after the closure of the bank branch or ATM. They shall notify their findings to the national competent authority in writing. Where gaps in the access to cash appear, the provider responsible for the closure shall take remedial measures to maintain efficient access to cash.
Amendment 114 #
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1b. Member States shall set up strategies to guarantee sufficient and effective access to cash in the event of a natural or human-made disaster.
Amendment 122 #
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 the 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 131 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If a Member State considers that the level of acceptance of payments in cash undermines mandatory acceptance of euro banknotes and coins 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 143 #
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 145 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
The minimum penalties for infringements of this regulation for enterprises shall be subject to administrative fines up to 2 % of the total worldwide annual turnover of the preceding financial year.
Amendment 152 #
Proposal for a regulation
Article 13 – paragraph 1 – point c a (new)
Article 13 – paragraph 1 – point c a (new)
(ca) the methodology according to which this data was gathered, processed and analysed;
Amendment 153 #
Proposal for a regulation
Article 13 – paragraph 1 – point c b (new)
Article 13 – paragraph 1 – point c b (new)
(cb) 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 154 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall examine the annual reports in close consultation with the European Central Bank. The Commission shall publish the reports in all languages of the Member State concerned and in English.
Amendment 155 #
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. The Commission shall publish an annual transparency report that includes their analysis of the situation throughout the Union, trends observed, summaries of the discussions between the European Central Bank, the Commission and national competent authorities, as well as explanations for and evaluation of delegated acts adopted by the Commission according to this Regulation.
Amendment 159 #
Proposal for a regulation
Article 14 – paragraph -1 new
Article 14 – paragraph -1 new
-1. 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 160 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall provide natural persons, civil society organisations and enterprises 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 165 #
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 166 #
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 167 #
Proposal for a regulation
Article 14 – paragraph 1 c (new)
Article 14 – paragraph 1 c (new)
1c. Within 6 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 173 #
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 178 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
By [date-fivthree years after the entry into force], the Commission shall carry out a review on the operation and effects of this Regulation and submit a report to the European Parliament and to the Council. Member States shall provide the Commission with necessary information for the preparation of that report.