Activities of Ondřej KOVAŘÍK related to 2023/0212(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the establishment of the digital euro
Amendments (12)
Amendment 36 #
Proposal for a regulation
Recital 6
Recital 6
(6) The digital euro should complement euro banknotes and coins and should not replace the physical forms of the single currency. Individuals should have the right to decide which form of euro denominated legal tender they wish to use. 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 50 #
Proposal for a regulation
Recital 53
Recital 53
(53) Agreements and arrangements related to the provision of digital euro payment services or cross-currency payments involving the digital euro should be concluded on a voluntary basis, in priority with non-euro area Member States. The European Central Bank should cooperate with national central banks of Member States whose currency is not the euro for the purpose of cross-currency payments involving the digital euro. In no case should any natural or legal EU person face discrimination in accessing digital euro.
Amendment 53 #
Proposal for a regulation
Recital 57
Recital 57
(57) European Digital Identity Wallets could facilitate digital transactions by enabling authentication, identification and the exchange of attributes including licenses and certificates. European Digital Identity Wallets should contribute to the effective universal access to and use of the digital euro. Member States should issue European Digital Identity Wallets based on common standards and practices set out in the implementing legislation. The European Digital Identity Wallet should have strong and specific safeguards to ensure data protection and privacy and high-level security certification as defined in the article 4(5) of the Regulation (EU) 2016/679. Front-end solutions to be developed by the European Central Bank should therefore duly consider the technical specifications governing the European Digital Identity Wallets. This would enable the relevant interoperability with the European Digital Identity Wallets that would allow to capitalise on these benefits. Based on user choice, interoperability with the European Digital Identity Wallet should also allow to discharge customer due diligence under Regulation (EU) [please insert reference – proposal for a Regulation for Anti-Money Laundering Regulation – COM/2021/421 final). Furthermore, to achieve a coherent customer experience, intermediaries might choose to fully integrate their digital euro front-end services into the specifications governing the European Digital Identity Wallets.
Amendment 81 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
28. ‘user alias’ means a unique pseudonymous identifier, that prevents the association or tracking of the user across transactions, used to protect user’s identity when processing digital euro payments that can only be attributable to an identifiable natural or legal person by the payment service provider distributing the digital euro or by the digital euro user;
Amendment 135 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. For the purpose of this Article, payment service providers shall provide the fraud detection and prevention mechanism with information referred to in Annex 5. Payment service providers shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the support servic, as defined in the article 4(5) of the Regulation 2016/679, to ensure sthall not be able to directly identify the digital euro usert the digital euro users are not directly identified or identifiable natural persons on the basis of the information provided to the fraud detection and prevention mechanism.
Amendment 139 #
Proposal for a regulation
Article -34 (new)
Article -34 (new)
Article-34 1. Transaction data shall only be processed for the purposes described in Articles 34, 35, 36, 37. Processing of transaction data shall respect the principles of data minimisation, and data protection by design and by default and shall be carried out in such a manner that the personal transaction data can not be attributed to an individual without the use of additional information in accordance with Regulation (EU) 2016/679. 2. The user shall be informed at the earliest point in time or at the latest when the investigation is concluded about account reidentification without the user's consent that was conducted by the fraud detection unit, the anti-money laundering unit, the ECB or any other EU law enforcement entity or public agency.
Amendment 143 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers perform a task in the public interestaccordance with article 6(1) (c) of the Regulation (EU) 2016/679 where they process personal data for the following purposes:
Amendment 153 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
For the provision of offline digital euro, the processing of personal data by payment service providers is limited to funding and defunding in accordance with Article 37 paragraphs 3, 4 and 5. In case payment service providers use data they processed for profiling or other activities that do not fall under the purposes of articles 34, 35, 36, 37 or are retained longer than it is legally permitted, the sanction regime of the Regulation (EU) 2016/679 applies.
Amendment 193 #
Proposal for a regulation
Article 36 a (new)
Article 36 a (new)
Amendment 201 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. TPersonal transaction data shall not be retainprocessed by payment service providers or by the European central banks and the national central banks.
Amendment 212 #
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 2
Article 37 – paragraph 6 – subparagraph 2
For the purposes of point (a), the Commission may request AMLA to adopt an opinion assessing the level of money laundering and terrorist financing threats associated with the offline digital euro and its vulnerabilities. The Commission mayshall consult the European Data Protection Board prior to adopting implementing acts as referred to in paragraph 5.
Amendment 314 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 – point e a (new)
Article 13 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) natural and legal persons of the Union who: (i) reside or are established in a Member State whose currency is not the euro, and (ii) exercise their free movement rights in a Member State whose currency is the euro.