2023/0208(COD) Legal tender of euro banknotes and coins
Lead committee dossier:
Progress: Awaiting committee decision
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | ECON |
NAVARRETE ROJAS Fernando ( EPP)
|
PAPANDREOU Nikos ( S&D),
ZIJLSTRA Auke ( PfE),
BARTULICA Stephen Nikola ( ECR),
BOYER Gilles ( Renew),
BOESELAGER Damian ( Greens/EFA),
TRIDICO Pasquale ( The Left),
LAYKOVA Rada ( ESN)
|
| Former Responsible Committee | ECON | ||
| Former Committee Opinion | JURI |
Lead committee dossier:
Legal Basis:
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Legal Basis:
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2024/12/16
EP - NAVARRETE ROJAS Fernando (EPP) appointed as rapporteur in ECON
2024/11/13
EP - Committee referral announced in Parliament, 1st reading
2023/10/13
European Central Bank: opinion, guideline, report - ECB
Documents
2023/07/13
EP - Committee referral announced in Parliament, 1st reading
2023/06/29
European Commission - Document attached to the procedure
Documents
2023/06/29
European Commission - Document attached to the procedure
Documents
2023/06/28
European Commission - Legislative proposal
Details
PURPOSE: to establish detailed rules on the scope and effects of legal tender and access to euro banknotes and coins.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the arrival of the euro as the single European currency was a major step forward in European integration. Euro cash is a dominant means of payment, as citizens and retailers use euro cash in daily transactions to make payments or give change in the euro area. Cash is the only means of payment that allows direct in-person payments, with immediate settlement and without involvement of any third party or use of electronic equipment.
The growth of electronic payments, a trend accelerated by COVID-19, has led to a general decline in cash payments and the reduction of automated teller machine (ATM) networks in a number of Member States means there are risks to accessing cash. Thus, the issue of the scope and meaning of the legal tender status of cash has become more prominent in the EU policy agenda, as outlined in the Commission’s Retail Payments Strategy and in view of the recent ruling of the Court of Justice of the European Union on the matter.
CONTENT: euro cash is legal tender in the euro area. The proposal clarifies what is meant by legal tender and sets out the rules for the mandatory acceptance of cash and any limited exceptions to this. In addition, it also defines what Member States must do to ensure that cash is widely accepted and easily accessible .
The proposal aims to safeguard the continued and widespread acceptance of cash throughout the euro area and also to ensure that citizens have sufficient access to cash to be able to pay in cash if they so wish.
Definition of legal tender and exceptions
The proposal establishes, for the first time in secondary legislation , a definition and regulation of legal tender for cash. It codifies and clarifies the judgment of the Court of Justice of the European Union of January 2021, which sets out the principles of legal tender. In line with that case law, the proposal defines the legal tender of cash as entailing mandatory acceptance, at full face value, with the power to discharge from a payment obligation. A payee shall not refuse euro cash tendered in payment unless the parties have agreed on a different means of payment or an exception applies.
Conditions are laid down under which a refusal to accept euro cash would be legally possible; such a refusal must be made in good faith, be based on legitimate grounds, and in line with the principle of proportionality in view of the concrete circumstances in which a payment is to be made. The burden of proof that these conditions are met for such good faith circumstantial exceptions is on the payee. The proposal sets out two legitimate grounds on which euro cash may be refused on that basis in a non-exhaustive list, namely the tendering of banknotes the value of which is manifestly disproportionate to the value of the amount to be settled, and in exceptional cases where, at the relevant time, the enterprise has no change available or if the enterprise would not have enough change available as a result of that payment to carry out its normal transactions.
Acceptance of payments in cash
The proposal aims to ensure that the fundamental legal tender principle of mandatory acceptance is not undermined by widespread cash non-acceptance levels through the unilateral and ex ante exclusion of cash by enterprises. Member States would be obliged to monitor the level of ex ante unilateral exclusions of payments in cash and to ensure the acceptance of cash fulfilling the principle of mandatory acceptance of cash. Member States would report annually their assessment to the Commission and the European Central Bank. If cash non-acceptance levels are deemed to undermine the mandatory acceptance of euro banknotes and coins, Member States would need to take remedial measures.
Access to cash
The proposal establishes the obligation on Member States to ensure sufficient and effective access to cash throughout their territory, in all their regions, including urban and non-urban areas. This is required to safeguard the effectiveness of the legal tender of euro cash in practice. Member States would have the obligation to monitor the access to cash. They would also need to assess annually the situation in their territory and report their assessment to the Commission and the European Central Bank. If sufficient and effective access to cash is not ensured, Member States would need to take remedial measures.
Procedural aspects
Procedural aspects are set out to effectively implement the obligations concerning the acceptance of payments in cash and access to cash. In this regard, all Member States are required to designate one or more national competent authorities, which would have the necessary administrative and regulatory powers as regards acceptance of payments in cash and access to cash.
The designated national competent authorities would be entitled to assess if the principle of mandatory acceptance of cash is not undermined by widespread cash non-acceptance levels through the unilateral and ex ante exclusion of cash by enterprises, and if the access to cash is sufficient and effective in the Member States’ territories.
Interaction between euro banknotes and coins and the digital euro
The proposal requires the convertibility of cash and the digital euro into each other at par, and for the avoidance of doubt gives the payer the right to choose to pay in cash or digital euro where mandatory acceptance of both applies in accordance with this Regulation, including notably those provisions affecting mandatory acceptance, as well as with the digital euro Regulation .
Legislative proposal
Documents
2023/06/28
EC - Legislative proposal published
Details
PURPOSE: to establish detailed rules on the scope and effects of legal tender and access to euro banknotes and coins.
PROPOSED ACT: Regulation of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the arrival of the euro as the single European currency was a major step forward in European integration. Euro cash is a dominant means of payment, as citizens and retailers use euro cash in daily transactions to make payments or give change in the euro area. Cash is the only means of payment that allows direct in-person payments, with immediate settlement and without involvement of any third party or use of electronic equipment.
The growth of electronic payments, a trend accelerated by COVID-19, has led to a general decline in cash payments and the reduction of automated teller machine (ATM) networks in a number of Member States means there are risks to accessing cash. Thus, the issue of the scope and meaning of the legal tender status of cash has become more prominent in the EU policy agenda, as outlined in the Commission’s Retail Payments Strategy and in view of the recent ruling of the Court of Justice of the European Union on the matter.
CONTENT: euro cash is legal tender in the euro area. The proposal clarifies what is meant by legal tender and sets out the rules for the mandatory acceptance of cash and any limited exceptions to this. In addition, it also defines what Member States must do to ensure that cash is widely accepted and easily accessible .
The proposal aims to safeguard the continued and widespread acceptance of cash throughout the euro area and also to ensure that citizens have sufficient access to cash to be able to pay in cash if they so wish.
Definition of legal tender and exceptions
The proposal establishes, for the first time in secondary legislation , a definition and regulation of legal tender for cash. It codifies and clarifies the judgment of the Court of Justice of the European Union of January 2021, which sets out the principles of legal tender. In line with that case law, the proposal defines the legal tender of cash as entailing mandatory acceptance, at full face value, with the power to discharge from a payment obligation. A payee shall not refuse euro cash tendered in payment unless the parties have agreed on a different means of payment or an exception applies.
Conditions are laid down under which a refusal to accept euro cash would be legally possible; such a refusal must be made in good faith, be based on legitimate grounds, and in line with the principle of proportionality in view of the concrete circumstances in which a payment is to be made. The burden of proof that these conditions are met for such good faith circumstantial exceptions is on the payee. The proposal sets out two legitimate grounds on which euro cash may be refused on that basis in a non-exhaustive list, namely the tendering of banknotes the value of which is manifestly disproportionate to the value of the amount to be settled, and in exceptional cases where, at the relevant time, the enterprise has no change available or if the enterprise would not have enough change available as a result of that payment to carry out its normal transactions.
Acceptance of payments in cash
The proposal aims to ensure that the fundamental legal tender principle of mandatory acceptance is not undermined by widespread cash non-acceptance levels through the unilateral and ex ante exclusion of cash by enterprises. Member States would be obliged to monitor the level of ex ante unilateral exclusions of payments in cash and to ensure the acceptance of cash fulfilling the principle of mandatory acceptance of cash. Member States would report annually their assessment to the Commission and the European Central Bank. If cash non-acceptance levels are deemed to undermine the mandatory acceptance of euro banknotes and coins, Member States would need to take remedial measures.
Access to cash
The proposal establishes the obligation on Member States to ensure sufficient and effective access to cash throughout their territory, in all their regions, including urban and non-urban areas. This is required to safeguard the effectiveness of the legal tender of euro cash in practice. Member States would have the obligation to monitor the access to cash. They would also need to assess annually the situation in their territory and report their assessment to the Commission and the European Central Bank. If sufficient and effective access to cash is not ensured, Member States would need to take remedial measures.
Procedural aspects
Procedural aspects are set out to effectively implement the obligations concerning the acceptance of payments in cash and access to cash. In this regard, all Member States are required to designate one or more national competent authorities, which would have the necessary administrative and regulatory powers as regards acceptance of payments in cash and access to cash.
The designated national competent authorities would be entitled to assess if the principle of mandatory acceptance of cash is not undermined by widespread cash non-acceptance levels through the unilateral and ex ante exclusion of cash by enterprises, and if the access to cash is sufficient and effective in the Member States’ territories.
Interaction between euro banknotes and coins and the digital euro
The proposal requires the convertibility of cash and the digital euro into each other at par, and for the avoidance of doubt gives the payer the right to choose to pay in cash or digital euro where mandatory acceptance of both applies in accordance with this Regulation, including notably those provisions affecting mandatory acceptance, as well as with the digital euro Regulation .
Legislative proposal
Documents
Documents
- ECB: CON/2023/0031
- ECB: OJ C 000 01.12.2023, p. 0000
- Document attached to the procedure: Go to the pageEur-Lex
- Document attached to the procedure: SWD(2023)0234
- Document attached to the procedure: Go to the pageEur-Lex
- Document attached to the procedure: SWD(2023)0233
- Legislative proposal: COM(2023)0364
- Legislative proposal: Go to the pageEur-Lex
- Legislative proposal published: COM(2023)0364
- Legislative proposal published: Go to the page Eur-Lex
- Legislative proposal: COM(2023)0364 Go to the pageEur-Lex
- Document attached to the procedure: Go to the pageEur-Lex SWD(2023)0234
- Document attached to the procedure: Go to the pageEur-Lex SWD(2023)0233
- ECB: CON/2023/0031 OJ C 000 01.12.2023, p. 0000
| Amendments | Dossier |
| 153 |
2023/0208(COD)
2024/01/29
ECON
153 amendments...
Amendment 100 #
Proposal for a regulation 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
Amendment 101 #
Proposal for a regulation Article 7 – paragraph 3 3. If a Member State considers that the
Amendment 102 #
Proposal for a regulation Article 7 – paragraph 3 3. If a Member State considers that the
Amendment 103 #
Proposal for a regulation 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
Amendment 104 #
Proposal for a regulation Article 7 – paragraph 3 3. If a Member State considers that the level of acceptance of payments in cash in their territory or parts thereof
Amendment 105 #
Proposal for a regulation Article 7 – paragraph 3 3. If a Member State considers on the basis of their monitoring and assessment, that the level of acceptance of payments in cash in their territory or parts thereof undermines mandatory acceptance of euro banknotes and coins, it shall set out the remedial measures it commits to take in accordance with Article 9(4).
Amendment 107 #
Proposal for a regulation 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
Amendment 108 #
Proposal for a regulation 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. Common indicators shall assess at least the following criteria:
Amendment 109 #
Proposal for a regulation 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
Amendment 110 #
Proposal for a regulation 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 111 #
Proposal for a regulation 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 112 #
Proposal for a regulation Article 8 – paragraph 1 – subparagraph 1 a (new) (a) the access to ATMs including the geographical distance and travel time by road and public transport, 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 Directive (EU) 2019/882; and (f) the fees charged for cash services at ATMs and over the counter.
Amendment 113 #
Proposal for a regulation 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) 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 115 #
Proposal for a regulation 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 116 #
Proposal for a regulation Article 8 – paragraph 2 a (new) 2a. Member States shall ensure that ATM withdrawals under 200 EUR are excluded from withdrawal charge. Withdrawals of over 200 EUR shall be capped at XX%.
Amendment 117 #
Proposal for a regulation Article 8 – paragraph 3 3. If a Member State considers, on the basis of their monitoring and assessment, that sufficient and effective access to cash is not ensured, it shall set out the remedial measures it commits to take in accordance with Article 9(4).
Amendment 118 #
Proposal for a regulation 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 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
Amendment 120 #
Proposal for a regulation Article 9 – paragraph 2 2. For the purposes of Articles 7 and 8, the ECB and the Commission shall
Amendment 121 #
Proposal for a regulation Article 9 – paragraph 2 2. For the purposes of Articles 7 and 8, the Commission shall adopt
Amendment 122 #
Proposal for a regulation 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 123 #
Proposal for a regulation 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 124 #
Proposal for a regulation 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 Member States shall use to monitor and assess the acceptance of payments in cash and access to cash supply in line with demand 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 125 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. For the purposes of Articles 7 and 8, a Member State may use in its annual report, in addition to common indicators, specific indicators in order to present more detailed information on the specificities of its territory, regions and urban areas. These specific indicators shall allow for a common approach to the assessment and comparability of data.
Amendment 126 #
Proposal for a regulation Article 9 – paragraph 2 a (new) 2a. The Commission shall prepare these implementing acts in a transparent and equitable manner. The Commission and Member States shall make the common indicators public and easily accessible.
Amendment 127 #
Proposal for a regulation Article 9 – paragraph 3 3. The designated national competent authorities shall
Amendment 128 #
Proposal for a regulation 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 129 #
Proposal for a regulation Article 9 – paragraph 4 4. If a Member State considers that the
Amendment 130 #
Proposal for a regulation Article 9 – paragraph 4 4. If a Member State considers that the level of acceptance of payments in cash
Amendment 131 #
Proposal for a regulation 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 132 #
Proposal for a regulation 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 133 #
Proposal for a regulation Article 9 – paragraph 4 a (new) 4a. Any further evolution of the cash infrastructure in a Member State as a result of a Member State’s assessment shall be managed in a fair, orderly, transparent and equitable manner for all stakeholders.
Amendment 134 #
Proposal for a regulation 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
Amendment 135 #
Proposal for a regulation 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 136 #
Proposal for a regulation 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 137 #
Proposal for a regulation Article 10 – paragraph 2 2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for
Amendment 138 #
Proposal for a regulation Article 10 – paragraph 2 2. The power to adopt delegated acts referred to in Article
Amendment 139 #
Proposal for a regulation Article 10 – paragraph 3 3. The power to adopt delegated acts referred to in Article
Amendment 140 #
Proposal for a regulation Article 10 – paragraph 4 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making as well as the European Central Bank.
Amendment 141 #
Proposal for a regulation Article 10 – paragraph 6 6. A delegated act adopted pursuant to Article
Amendment 142 #
Proposal for a regulation Article 10 – paragraph 6 6. A delegated act adopted pursuant to Article 6 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. The Commission shall prepare any implementing acts after consultation with the ECB. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Amendment 143 #
Proposal for a regulation Article 12 – paragraph 1 Member States shall lay down
Amendment 144 #
Proposal for a regulation Article 12 – paragraph 1 Member States shall lay down
Amendment 145 #
Proposal for a regulation 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 146 #
Proposal for a regulation 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 Amendment 148 #
Proposal for a regulation 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
Amendment 149 #
Proposal for a regulation 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 150 #
Proposal for a regulation 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) (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 152 #
Proposal for a regulation 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) (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 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) 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 156 #
Proposal for a regulation 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) 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 Duty of Member States to
Amendment 159 #
Proposal for a regulation 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 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 161 #
Proposal for a regulation Article 14 – paragraph 1 Member States shall provide natural persons and enterprises with clear and easily accessible 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 162 #
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 and to ATMs.
Amendment 163 #
Proposal for a regulation Article 14 – paragraph 1 Member States shall provide natural persons and
Amendment 164 #
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).
Amendment 165 #
Proposal for a regulation 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) 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) 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 168 #
Proposal for a regulation 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) 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) 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) 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 172 #
Proposal for a regulation Article 15 Amendment 173 #
Proposal for a regulation Article 15 – paragraph 1 1. Euro banknotes and coins and the digital euro shall be
Amendment 174 #
Proposal for a regulation Article 15 – paragraph 1 1. Euro banknotes and coins and the digital euro shall be
Amendment 175 #
Proposal for a regulation Article 15 – paragraph 1 1. Euro banknotes and coins and the digital euro shall be
Amendment 176 #
Proposal for a regulation Article 15 – paragraph 2 2. Payees of a monetary debt denominated in euro shall accept payments in euro banknotes and coins according to the provisions of this Regulation
Amendment 177 #
Proposal for a regulation Article 15 a (new) Directive (EU) 2020/1828 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. ..]).’
Amendment 178 #
Proposal for a regulation Article 16 – paragraph 1 By [date-
Amendment 26 #
Proposal for a regulation Recital 5 (5) The acceptance of euro banknotes and coins tendered as means of payment can
Amendment 27 #
Proposal for a regulation Recital 5 a (new) (5a) There are certain goods and services that all population groups need or have a right to access and therefore should be able to pay for these in cash. Therefore, in cases where the payee is a health care provider or pharmacy, a utilities provider, a retail grocery provider or a public body, cash should not be refused. Member States might extend this list of entities. Member States might, however, choose to permit micro enterprises falling within these categories of payee to nonetheless refuse to accept cash for reasons of proportionality.
Amendment 28 #
Proposal for a regulation Recital 6 Amendment 29 #
Proposal for a regulation 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
Amendment 30 #
Proposal for a regulation 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
Amendment 31 #
Proposal for a regulation 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
Amendment 32 #
Proposal for a regulation 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
Amendment 33 #
Proposal for a regulation 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. I
Amendment 34 #
Proposal for a regulation 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 35 #
Proposal for a regulation 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
Amendment 36 #
Proposal for a regulation Recital 7 a (new) (7a) Closures of ATMs or bank branches can significantly affect the population's access to cash. Before closing an ATM or bank branch, operators should duly take into consideration the effect of their decision regarding whether sufficient and efficient access to cash remains guaranteed. However, in order to avoid excessive bureaucratic burdens, this should not result in additional reporting requirements.
Amendment 37 #
Proposal for a regulation 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 38 #
Proposal for a regulation Recital 7 a (new) (7a) Any further evolution of the cash infrastructure in a Member State, as a result of a Member State’s assessment, should be managed in a fair, orderly, transparent and equitable manner for all stakeholders.
Amendment 39 #
Proposal for a regulation Recital 8 Amendment 40 #
Proposal for a regulation Recital 8 (8) The Commission
Amendment 41 #
Proposal for a regulation 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, 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. The common indicators for determining the factors affecting access to cash should be developed in a transparent and equitable manner and the indicators should be made public. In view of the preparation of such implementing acts, the Commission should consult the European Central Bank.
Amendment 42 #
Proposal for a regulation 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 43 #
Proposal for a regulation Recital 9 Amendment 44 #
Proposal for a regulation 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
Amendment 45 #
Proposal for a regulation 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. I
Amendment 46 #
Proposal for a regulation 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
Amendment 47 #
Proposal for a regulation 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
Amendment 48 #
Proposal for a regulation Recital 11 Amendment 49 #
Proposal for a regulation Recital 11 Amendment 50 #
Proposal for a regulation Recital 11 Amendment 51 #
Proposal for a regulation Recital 11 Amendment 52 #
Proposal for a regulation Recital 11 Amendment 53 #
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. 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. 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.
Amendment 54 #
Proposal for a regulation 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 55 #
Proposal for a regulation Recital 11 a (new) (11a) As the acceptance of cash is a key consideration for many citizens, public entities in particular should attempt to accept cash as a means of payments wherever this is possible without undue burden.
Amendment 56 #
Proposal for a regulation Recital 13 (13) This Regulation ensures full respect for the fundamental right of freedom to conduct a business and the fundamental right of consumer protection enshrined in Article 16 and 38 of the Charter of Fundamental Rights of the European Union respectively. This Regulation concerns the preferred payment method of the currency that has legal tender status, which citizens legitimately may choose to settle their debts. Thus, the proposed measures in this Regulation only concern the way enterprises receive payments
Amendment 57 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies in the Member States whose currency is the euro. It applies to the settlement of pecuniary debts in so far as they are to be settled 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 58 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies
Amendment 59 #
Proposal for a regulation Article 2 – paragraph 1 1. This Regulation applies to the settlement of pecuniary debts
Amendment 60 #
Proposal for a regulation Article 2 – paragraph 2 Amendment 61 #
Proposal for a regulation Article 2 – paragraph 2 a (new) 2a. This Regulation shall not apply to monetary debts to public authorities, where the authorities can demonstrate that the settlement of these debts in cash would result in an unreasonable expense which would prevent them from providing services cost-effectively.
Amendment 62 #
Proposal for a regulation 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 stipulating in a pre-formulated, non- negotiable, standard form contract. In this case, the payer and payee do not freely agree to a means of payment for a purchase;
Amendment 63 #
Proposal for a regulation 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
Amendment 64 #
Proposal for a regulation 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 65 #
Proposal for a regulation 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 66 #
Proposal for a regulation Article 3 – paragraph 1 – point 8 a (new) 8a. ‘provider of utilities’ means a provider of an essential good or service including energy, water or telecommunications;
Amendment 67 #
Proposal for a regulation Article 3 – paragraph 1 – point 8 b (new) 8b. ‘retail grocery provider’ means an enterprise that has as its primary economic activity the provision of everyday foodstuffs on a retail basis, excluding catering services and the provision of hot food;
Amendment 68 #
Proposal for a regulation Article 3 – paragraph 1 – point 8 c (new) 8c. ‘microenterprise’ means an enterprise as defined in Article 2 point (3) of the Annex to Commission Recommendation 2003/361 concerning the definition of micro, small and medium-sized enterprises;
Amendment 69 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 – point a (a) where a refusal is made in good faith and where such refusal is based on legitimate and temporary grounds in line with the principle of proportionality in view of concrete circumstances
Amendment 70 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 – point a (a) where a refusal is made in good faith and where such refusal is based on legitimate
Amendment 71 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 – point b (b) where, prior to the payment, the payee has
Amendment 72 #
Proposal for a regulation 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, including by way of unilateral ex ante exclusion by the payee.
Amendment 73 #
Proposal for a regulation 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 74 #
Proposal for a regulation 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 75 #
Proposal for a regulation 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 76 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 (new) – point b a (new) (ba) in accordance with Article 11 of Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro, where the payer tenders more than 50 coins in any single payment, except if the payee is the issuing authority or those persons specifically designated by the national legislation of the issuing Member State;
Amendment 77 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 – point b b (new) (bb) where, prior to the payment, the payee realizes that the characteristics of the banknotes or coins tendered by the payer do not comply with current Union law or that those banknotes or coins are not fit for circulation according to Union law;
Amendment 78 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 1 – point b c (new) (bc) where the payer refuses to top up
Amendment 79 #
Proposal for a regulation Article 5 – paragraph 1 – subparagraph 2 For the purposes of point (a), the burden of proof to establish that such legitimate
Amendment 80 #
Proposal for a regulation 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 81 #
Proposal for a regulation 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 82 #
Proposal for a regulation 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 83 #
Proposal for a regulation 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 84 #
Proposal for a regulation Article 5 – paragraph 2 – point ii a (new) (iia) In exceptional cases, if the acceptance of cash payments present significant security risks.
Amendment 85 #
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.
Amendment 86 #
Proposal for a regulation Article 5 – paragraph 2 a (new) 2a. Paragraph 1 shall not apply in cases where the payee is: (i) a healthcare provider or pharmacy; (ii) a public body; or (iii) a provider of utilities; In addition, paragraph 1(b) shall not apply in cases where the payee is a retail grocery provider.
Amendment 87 #
Proposal for a regulation Article 5 – paragraph 2 b (new) 2b. Member States may extend the list of payees to which paragraph 2a applies.
Amendment 88 #
Proposal for a regulation Article 5 – paragraph 2 c (new) 2c. By way of derogation from paragraph 2a, Member States may decide to permit payees that are micro enterprises falling within the scope of paragraph 2a to avail of the exceptions set out in paragraph 1 for reasons of proportionality.
Amendment 89 #
Proposal for a regulation 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 (e.g. ‘no cash’ signs) that 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.
Amendment 90 #
Proposal for a regulation 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 91 #
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.
Amendment 92 #
Proposal for a regulation 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 93 #
Proposal for a regulation Article 6 Amendment 94 #
Proposal for a regulation Article 6 Amendment 95 #
Proposal for a regulation Article 6 Amendment 96 #
Proposal for a regulation Article 6 Amendment 97 #
Proposal for a regulation Article 6 Amendment 98 #
Proposal for a regulation Article 7 – paragraph 1 1. In order to ensure the acceptance of cash in accordance with Article 4(2), Member States shall monitor on a regular basis the acceptance of payments in cash and the
Amendment 99 #
Proposal for a regulation 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 level of ex ante unilateral exclusions of payments in cash throughout their territory, in all their different regions, including urban and non-
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| committees/3 |
|
| docs/3 |
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ECON/10/00244
|
| procedure/dossier_of_the_committee/0 |
ECON/9/12428
|
2024-06-29Show (11) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
| committees/1 |
|
| committees/1 |
|
| committees/1/opinion |
False
|
| committees/2 |
|
| committees/3 |
|
| docs/3 |
|
| docs/4 |
|
| procedure/dossier_of_the_committee/0 |
ECON/10/00244
|
| procedure/dossier_of_the_committee/0 |
ECON/9/12428
|
2024-06-28Show (11) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
| committees/1 |
|
| committees/1 |
|
| committees/1/opinion |
False
|
| committees/2 |
|
| committees/3 |
|
| docs/3 |
|
| docs/4 |
|
| procedure/dossier_of_the_committee/0 |
ECON/10/00244
|
| procedure/dossier_of_the_committee/0 |
ECON/9/12428
|
2024-06-27Show (11) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
| committees/1 |
|
| committees/1 |
|
| committees/1/opinion |
False
|
| committees/2 |
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| committees/3 |
|
| docs/3 |
|
| docs/4 |
|
| procedure/dossier_of_the_committee/0 |
ECON/10/00244
|
| procedure/dossier_of_the_committee/0 |
ECON/9/12428
|
2024-06-26Show (11) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
| committees/1 |
|
| committees/1 |
|
| committees/1/opinion |
False
|
| committees/2 |
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| committees/3 |
|
| docs/3 |
|
| docs/4 |
|
| procedure/dossier_of_the_committee/0 |
ECON/10/00244
|
| procedure/dossier_of_the_committee/0 |
ECON/9/12428
|
2024-06-25Show (11) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
| committees/1 |
|
| committees/1 |
|
| committees/1/opinion |
False
|
| committees/2 |
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| committees/3 |
|
| docs/3 |
|
| docs/4 |
|
| procedure/dossier_of_the_committee/0 |
ECON/10/00244
|
| procedure/dossier_of_the_committee/0 |
ECON/9/12428
|
2024-06-24Show (11) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
| committees/1 |
|
| committees/1 |
|
| committees/1/opinion |
False
|
| committees/2 |
|
| committees/3 |
|
| docs/3 |
|
| docs/4 |
|
| procedure/dossier_of_the_committee/0 |
ECON/10/00244
|
| procedure/dossier_of_the_committee/0 |
ECON/9/12428
|
2024-06-23Show (11) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
| committees/1 |
|
| committees/1 |
|
| committees/1/opinion |
False
|
| committees/2 |
|
| committees/3 |
|
| docs/3 |
|
| docs/4 |
|
| procedure/dossier_of_the_committee/0 |
ECON/10/00244
|
| procedure/dossier_of_the_committee/0 |
ECON/9/12428
|
2024-06-22Show (11) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
| committees/1 |
|
| committees/1 |
|
| committees/1/opinion |
False
|
| committees/2 |
|
| committees/3 |
|
| docs/3 |
|
| docs/4 |
|
| procedure/dossier_of_the_committee/0 |
ECON/10/00244
|
| procedure/dossier_of_the_committee/0 |
ECON/9/12428
|
2024-05-28Show (1) Changes | Timetravel
| committees/0/shadows/3 |
|
2024-03-27Show (1) Changes | Timetravel
| forecasts |
|
2024-03-26Show (1) Changes | Timetravel
| forecasts |
|
2024-03-25Show (1) Changes | Timetravel
| forecasts |
|
2024-03-24Show (1) Changes | Timetravel
| forecasts |
|
2024-03-23Show (1) Changes | Timetravel
| forecasts |
|
2024-03-22Show (1) Changes | Timetravel
| forecasts |
|
2024-03-21Show (1) Changes | Timetravel
| forecasts |
|
2024-03-20Show (1) Changes | Timetravel
| forecasts |
|
2024-03-15Show (1) Changes | Timetravel
| forecasts/0 |
|
2024-03-14Show (1) Changes | Timetravel
| forecasts/0 |
|
2024-03-13Show (1) Changes | Timetravel
| forecasts/0 |
|
2024-03-12Show (1) Changes | Timetravel
| forecasts/0 |
|
2024-03-01Show (1) Changes | Timetravel
| forecasts/1/date |
Old
2024-04-10T00:00:00New
2024-04-22T00:00:00 |
2024-02-29Show (1) Changes | Timetravel
| forecasts/0/date |
Old
2024-03-04T00:00:00New
2024-04-08T00:00:00 |
2024-02-11Show (1) Changes | Timetravel
| docs/4 |
|
2024-01-25Show (1) Changes | Timetravel
| forecasts/1/date |
Old
2024-04-22T00:00:00New
2024-04-10T00:00:00 |
2024-01-24Show (3) Changes | Timetravel
| docs/3 |
|
| forecasts/0/date |
Old
2024-04-09T00:00:00New
2024-03-04T00:00:00 |
| forecasts/1 |
|
2023-12-09Show (1) Changes | Timetravel
| docs/2 |
|
2023-11-09Show (1) Changes | Timetravel
| commission |
|
2023-11-05Show (1) Changes | Timetravel
| forecasts |
|
2023-09-21Show (2) Changes | Timetravel
| committees/0/shadows/2 |
|
| committees/1/opinion |
False
|
2023-09-19Show (1) Changes | Timetravel
| committees/0/shadows/4 |
|
2023-09-09Show (1) Changes | Timetravel
| committees/0/shadows/1 |
|
2023-09-03Show (1) Changes | Timetravel
| procedure/Legislative priorities |
|
2023-09-01Show (2) Changes | Timetravel
| committees/0 |
|
| committees/0 |
|
2023-07-29Show (1) Changes | Timetravel
| committees/0/shadows/0 |
|
2023-07-22Show (3) Changes | Timetravel
| committees/0/shadows |
|
| docs/0 |
|
| events/0/summary |
|
2023-07-14Show (3) Changes
| events/1 |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |