12 Amendments of Herbert DORFMANN related to 2023/0208(COD)
Amendment 33 #
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 cashn many rural areas, in addition, sufficient and effective access to cash continues to require sufficient and effective access to automated teller machines (ATMs). Because there are fewer and fewer ATMs, however, that access is less and less ensured. Member States should therefore be required to ensure that a sufficient number of ATMs is available and accessible to Union citizens, especially in rural municipalities, by complying with certain minimum requirements, while ensuring a balanced distribution of ATMs, account being taken of geographical circumstances. At the same time, the municipalities concerned should be given the possibility of departing from the minimum requirements. In any event, the stipulations on ensuring sufficient and effective access to ATMs are to be understood as minimum requirements that under no circumstances warrant any reduction in the number of ATMs in those municipalities which already meet or exceed the minimum requirements. If in the light of their assessment access to cash and to ATMs 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 and to ATMs 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.
Amendment 106 #
Proposal for a regulation
Article 8 – title
Article 8 – title
Access to cash and to ATMs
Amendment 107 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure sufficient and effective access to cash throughout their territory, in all their different regions, including urban and non- urban areas. In order to ensure sufficient and effective access to cash, Member States shall monitor access to 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 111 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 a (new)
Article 8 – paragraph 1 – subparagraph 1 a (new)
For those NUTS3 regions in their territories that are classified as predominantly rural1a, Member States shall monitor, firstly, the level of access to cash on the basis of the common indicators adopted by the Commission and, secondly, the level of access to ATMs in order to ensure sufficient and effective access to ATMs on the basis of the following additional conditions: - each local administrative unit (LAU) of the NUTS3 region concerned has at least one ATM; and - in LAUs with up to 25 000 inhabitants, the ratio between the number of ATMs and the number of inhabitants is at least 1 to 2000; and - the ATMs allow at least cash withdrawals as well as cash deposits. In LAUs, access to ATMs shall be deemed sufficiently and effectively ensured if the abovementioned additional conditions are met. LAUs which waive compliance with all or some of the abovementioned additional conditions on the level of access to ATMs shall notify accordingly their Member State’s competent authority that carries out the assessment of the situation under paragraph 2 of this article. For those LAUs, sufficient and effective access to ATMs shall be deemed ensured as a result of that notification. However, the additional conditions referred to in this article shall not under any circumstances constitute sufficient grounds to warrant a reduction in the number of ATMs in LAUs where there are more ATMs than are required under the additional conditions. __________________ 1a https://ec.europa.eu/eurostat/web/rural- development/methodology
Amendment 115 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall assess the situation and notify the results of their monitoring and assessment of the situation as regards access to cash and access to ATMs in accordance with Article 9(3).
Amendment 118 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. If a Member State considers that sufficient and effective access to cash and to ATMs is not ensured, it shall set out the remedial measures it commits to take in accordance with Article 9(4).
Amendment 119 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. With a view to implementing the obligations set out in Articles 7 and 8, Member States shall designate one or more national competent authorities with the required powers as regards acceptance of payments in cash, access to cash and access to cashATMs, and over the cash-related market activities of the cash industry.
Amendment 128 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The designated national competent authorities shall notify the results of their monitoring and assessment of the situation as regards the levels of acceptance of payments in cash and access to cash and to ATMs, giving grounds and data for their assessment, in an annual report to be addressed to the Commission and the European Central Bank as referred to in Article 13.
Amendment 132 #
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 and to ATMs 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. The remedial measures shall enter into force without undue delay.
Amendment 135 #
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 and to ATMs 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.
Amendment 149 #
Proposal for a regulation
Article 13 – paragraph 1 – point b
Article 13 – paragraph 1 – point b
(b) detailed data and assessment of the situation in the Member State as regards acceptance of payments in cash and access to cash and to ATMs, and the remedial measures to be taken pursuant to Articles 7 and 8;
Amendment 162 #
Proposal for a regulation
Article 14 – paragraph 1
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 and to ATMs.