[ParlTrack]

Proposal for a regulation
Recital 11

(11) In order to ensure that additional exceptions to the mandatory acceptance of euro cash may be introduced at a later stage if they are required, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by introducing additional exceptions to the principle of mandatory acceptance for the euro area as a whole. The Commission may only adopt such additional exceptions if they are necessary, proportionate to their aim, and preserve the effectiveness of the legal tender status of euro cash. The power of the Commission to adopt delegated acts for the introduction of additional exceptions to the mandatory acceptance of accept euro cash should be without prejudice to the possibility for Member States, pursuant to their own powers in areas of shared competence, to adopt national legislation introducing exceptions to the mandatory acceptance deriving from the legal tender status in accordance with the conditions laid down by the Court of Justice of the European Union in the judgment in Joined Cases C- 422/19 and C-423/19. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted

2024/01/29
Committee: ECON

Michael KAUCH

Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b

(b) where, prior to the payment, the payee has ~~agreed with~~received explicit agreement of the payer on a different means of payment.

2024/01/29
Committee: ECON

Gilles BOYER, Olivier CHASTEL, Michael KAUCH, Billy KELLEHER, Stéphanie YON-COURTIN

Proposal for a regulation
Article 5 – paragraph 2 a (new)

2a. Article 4 is without prejudice to actions taken by the payer or the payee in order to comply with Union law on the prevention of money laundering and terrorist financing.

2024/01/29
Committee: ECON

Gilles BOYER, Olivier CHASTEL, Michael KAUCH, Stéphanie YON-COURTIN

Proposal for a regulation
Article 5 a (new)

Article 5a Prohibition of unilateral exclusions of payments in 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 object or the effect of excluding the use of euro banknotes and coins by 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 having been 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 form contract.

2024/01/29
Committee: ECON

Gilles BOYER, Olivier CHASTEL, Michael KAUCH, Stéphanie YON-COURTIN

Proposal for a regulation
Article 6

Article 6 Additional exceptions to the principle of mandatory acceptance of euro banknotes and coins of a monetary law nature The Commission is empowered to adopt delegated acts in accordance with Article 10 to supplement this Regulation by identifying additional exceptions of a monetary law nature to the principle of mandatory acceptance. Those exceptions shall be justified by an objective of public interest and proportionate to that aim, shall not undermine the effectiveness of the legal tender status of euro cash, and shall only be permitted provided that other means for the payment of monetary debts are available. When preparing those delegated acts, the Commission shall consult the European Central Bank.deleted

2024/01/29
Committee: ECON

Michael KAUCH

Proposal for a regulation
Article 14 – paragraph 1

Member States shall provide natural persons 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. To that extent, Member States shall set up a website that provides information and a possibility to lodge complaints. The website shall be accessible by the public free of charge and shall not require the provision of personal information (free-access website).

2024/01/29
Committee: ECON

6 Amendments of Michael KAUCH related to 2023/0208(COD)

ParlTrack - 2011-2024