28 Amendments of Laurence SAILLIET related to 2023/0212(COD)
Amendment 125 #
Proposal for a regulation
Recital 3
Recital 3
(3) Central bank money in the form of banknotes and coins cannot be used for online payments. Today, online payments rely entirely on commercial bank money. The acceptability and fungibility of commercial bank money rely on its convertibility on a one-to-one basis to central bank money with legal tender, which serves as a monetary anchor. That monetary anchor is at the core of the functioning of monetary and financial systems. It underpins users’ confidence in commercial bank money and in the euro as a currency and is therefore essential to safeguard the stability of the monetary system in a digitalised economy and society. As central bank money in physical form alone cannot address the needs of a rapidly digitalising economy, this could gradually remove the monetary anchor for commercial bank money. It is therefore necessarypossible to introduce a new form of official currency with legal tender which is risk free and helps visualise the convertibility at par of the money issued by various commercial banks.
Amendment 125 #
Proposal for a regulation
Recital 3
Recital 3
(3) Central bank money in the form of banknotes and coins cannot be used for online payments. Today, online payments rely entirely on commercial bank money. The acceptability and fungibility of commercial bank money rely on its convertibility on a one-to-one basis to central bank money with legal tender, which serves as a monetary anchor. That monetary anchor is at the core of the functioning of monetary and financial systems. It underpins users’ confidence in commercial bank money and in the euro as a currency and is therefore essential to safeguard the stability of the monetary system in a digitalised economy and society. As central bank money in physical form alone cannot address the needs of a rapidly digitalising economy, this could gradually remove the monetary anchor for commercial bank money. It is therefore necessarypossible to introduce a new form of official currency with legal tender which is risk free and helps visualise the convertibility at par of the money issued by various commercial banks.
Amendment 135 #
Proposal for a regulation
Recital 6
Recital 6
(6) The digital euro should complement euro banknotes and coins and shouldmust not replace the physical forms of the single currency. As legal tender instruments, both cash and digital euro are equally important. Regulation (EU) [please insert reference – proposal for a Regulation on the legal tender of euro banknotes and coins - COM/2023/364] would harmonise legal tender for cash and ensure that cash is widely distributed and effectively used.
Amendment 135 #
Proposal for a regulation
Recital 6
Recital 6
(6) The digital euro should complement euro banknotes and coins and shouldmust not replace the physical forms of the single currency. As legal tender instruments, both cash and digital euro are equally important. Regulation (EU) [please insert reference – proposal for a Regulation on the legal tender of euro banknotes and coins - COM/2023/364] would harmonise legal tender for cash and ensure that cash is widely distributed and effectively used.
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
7a. ‘liquidity providing intermediary” means a payment services provider, as defined in paragraph 7, that holds the commercial bank account linked to the digital euro payment account, whether for the payer or the payee. The liquidity providing intermediary may be different from the payment services provider holding the digital euro payment account.
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
7a. ‘liquidity providing intermediary” means a payment services provider, as defined in paragraph 7, that holds the commercial bank account linked to the digital euro payment account, whether for the payer or the payee. The liquidity providing intermediary may be different from the payment services provider holding the digital euro payment account.
Amendment 313 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Within the framework of Directive 2015/2366, all payment service providers mayshall provide the digital euro payment services set out in Annex I to:
Amendment 313 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Article 13 – paragraph 1 – subparagraph 1 – introductory part
Within the framework of Directive 2015/2366, all payment service providers mayshall provide the digital euro payment services set out in Annex I to:
Amendment 317 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Payment service providers that provide servicing payment services within the meaning of Directive 2015/2366 shall enable digital euro usersclients to whom they provide a digital euro payment account to manually or automatically fund or defund their digital euro payment accounts from or to non- digital euro payment accounts, or euro banknotes and coins when a payment services provider provides cash services, subject to any limitations that the European Central Bank may adopt in accordance with Article 16 of this Regulation.
Amendment 317 #
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Payment service providers that provide servicing payment services within the meaning of Directive 2015/2366 shall enable digital euro usersclients to whom they provide a digital euro payment account to manually or automatically fund or defund their digital euro payment accounts from or to non- digital euro payment accounts, or euro banknotes and coins when a payment services provider provides cash services, subject to any limitations that the European Central Bank may adopt in accordance with Article 16 of this Regulation.
Amendment 337 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. Account holder PSPs that allow third party wallet providers to offer the waterfall and reverse waterfall services shall be compensated for the costs of providing these services. Payment service providers that provide CBDC wallets and perform the strong authentication of the payer (SCA) are fully responsible for the potential fraud generated under their control and shall immediately and automatically compensate the account holder PSP debited by reverse waterfall on first request (in the event of a dispute generated by the payer). The volumes of automatic movements of "funding" and "defunding" shall be limited, according to the account holder PSP analysis, to mitigate this risk.
Amendment 337 #
Proposal for a regulation
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. Account holder PSPs that allow third party wallet providers to offer the waterfall and reverse waterfall services shall be compensated for the costs of providing these services. Payment service providers that provide CBDC wallets and perform the strong authentication of the payer (SCA) are fully responsible for the potential fraud generated under their control and shall immediately and automatically compensate the account holder PSP debited by reverse waterfall on first request (in the event of a dispute generated by the payer). The volumes of automatic movements of "funding" and "defunding" shall be limited, according to the account holder PSP analysis, to mitigate this risk.
Amendment 351 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purpose of distributing the digital euro to natural persons referred to in Article 13(1)(a), credit institutions that provide payment services as referred to in points (1), (2) or (3) of Annex I to Directive (EU) 2015/2366 shall, upon request of their clients only, provide those persons with all basic digital euro payment services as referred to in Annex II.
Amendment 351 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purpose of distributing the digital euro to natural persons referred to in Article 13(1)(a), credit institutions that provide payment services as referred to in points (1), (2) or (3) of Annex I to Directive (EU) 2015/2366 shall, upon request of their clients only, provide those persons with all basic digital euro payment services as referred to in Annex II.
Amendment 369 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. With a view to enabling natural and legal persons to access and use digital euro, to defining and implementing monetary policy and to contributing to the stability of the financial system, the use of the digital euro as a store of value mayshall be subject to limits. The Digital Euro aims to be a digital substitute for cash. Considering the possible use of automated fund transfers between central bank and commercial bank accounts, the Digital Euro holding limit shall correspond to the daily uses of cash. In this regards, an amount of 100 Euros as a holding limit is consistent with the daily usages.
Amendment 369 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. With a view to enabling natural and legal persons to access and use digital euro, to defining and implementing monetary policy and to contributing to the stability of the financial system, the use of the digital euro as a store of value mayshall be subject to limits. The Digital Euro aims to be a digital substitute for cash. Considering the possible use of automated fund transfers between central bank and commercial bank accounts, the Digital Euro holding limit shall correspond to the daily uses of cash. In this regards, an amount of 100 Euros as a holding limit is consistent with the daily usages.
Amendment 457 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 (new)
Article 17 – paragraph 2 – subparagraph 1 (new)
Payment service providers should be able to charge services up to the costs incurred, in order to avoid any distortion of competition rules.
Amendment 457 #
Proposal for a regulation
Article 17 – paragraph 2 – subparagraph 1 (new)
Article 17 – paragraph 2 – subparagraph 1 (new)
Payment service providers should be able to charge services up to the costs incurred, in order to avoid any distortion of competition rules.
Amendment 491 #
Proposal for a regulation
Article 17 – paragraph 7 a (new)
Article 17 – paragraph 7 a (new)
7a. In the case where the payment service provider of the payee is different from the liquidity providing intermediary as defined in article 2 paragraph 7a, a share of the merchant service charge applied by the payment service provider of the payee is transferred to the liquidity providing intermediary
Amendment 491 #
Proposal for a regulation
Article 17 – paragraph 7 a (new)
Article 17 – paragraph 7 a (new)
7a. In the case where the payment service provider of the payee is different from the liquidity providing intermediary as defined in article 2 paragraph 7a, a share of the merchant service charge applied by the payment service provider of the payee is transferred to the liquidity providing intermediary
Amendment 492 #
Proposal for a regulation
Article 17 – paragraph 7 b (new)
Article 17 – paragraph 7 b (new)
7b. In the case where the payment services provider of the payer is different from the liquidity providing intermediary, as defined in article 2 paragraph 7a, a share of the fees applied by the payment service provider of the payer is transferred to the liquidity providing intermediary.
Amendment 492 #
Proposal for a regulation
Article 17 – paragraph 7 b (new)
Article 17 – paragraph 7 b (new)
7b. In the case where the payment services provider of the payer is different from the liquidity providing intermediary, as defined in article 2 paragraph 7a, a share of the fees applied by the payment service provider of the payer is transferred to the liquidity providing intermediary.
Amendment 493 #
Proposal for a regulation
Article 17 – paragraph 7 c (new)
Article 17 – paragraph 7 c (new)
7c. The fees applicable in cases described in paragraph 7a and 7b shall be based on the relevant costs incurred by the credit institution holding the commercial bank account.
Amendment 493 #
Proposal for a regulation
Article 17 – paragraph 7 c (new)
Article 17 – paragraph 7 c (new)
7c. The fees applicable in cases described in paragraph 7a and 7b shall be based on the relevant costs incurred by the credit institution holding the commercial bank account.
Amendment 552 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers distributing the digital euro shall provide digital euro users with the choice of using the following digital front-end services to allow digital euro users to access and use digital euro payment services and have the option to provide :
Amendment 552 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers distributing the digital euro shall provide digital euro users with the choice of using the following digital front-end services to allow digital euro users to access and use digital euro payment services and have the option to provide :
Amendment 555 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a
Article 28 – paragraph 1 – subparagraph 1 – point a
(a) front-end services developed by payment service providers; andor
Amendment 555 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a
Article 28 – paragraph 1 – subparagraph 1 – point a
(a) front-end services developed by payment service providers; andor