42 Amendments of Fulvio MARTUSCIELLO related to 2023/0212(COD)
Amendment 242 #
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
5. ‘digital euro payment account’ means an account held by one or more digital euroa users with a payment service provider to access digital euro recorded in the digital euro settlement infrastructure or in an offline digital euro device and to initiate or receive digital euro payment transactions, whether offline or online, and irrespective of technology and data structure;
Amendment 249 #
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. 'digital euro payment service’ means any of the business activities set out in Annex I;
Amendment 258 #
Proposal for a regulation
Article 2 – paragraph 1 – point 25
Article 2 – paragraph 1 – point 25
25. ‘comparable digital means of payment’ means digital means payment, including debit card payment and instant payment at the point of interaction but, excluding credit transfer and direct debit that are not initiated at the point of interaction;
Amendment 261 #
Proposal for a regulation
Article 2 – paragraph 1 – point 26
Article 2 – paragraph 1 – point 26
26. ‘switching’ means, upon a digital euro user’s request, transferring from one payment service provider to another either the information about all or some digital euro payment services, including recurring payments, executed on a digital euro payment account, or the digital euro holdings from one digital euro payment account to the other, or both, with or without closing the former digital euro payment account, while maintaining the same account identifidigital euro payment account number;
Amendment 263 #
Proposal for a regulation
Article 2 – paragraph 1 – point 27
Article 2 – paragraph 1 – point 27
27. ‘user identifi'digital euro payment account number’' means a unique identifier created by a payment service provider distributing the digital euro that unambiguously idifferentiatfies, for online digital euro purposes, a digital euro userspayment account but that is not attributable to an identifiable natural or legal person by the European Central Bank and the national central banks;
Amendment 269 #
Proposal for a regulation
Article 2 – paragraph 1 – point 29
Article 2 – paragraph 1 – point 29
29. ‘user authentication’ means a unique piece of information created by the payment service provider distributing the digital euro that together with the user identifier allows a digital euro user to prove ownership of the online digital euro holdings recorded in the digital euro settlement infrastructure;procedure as defined in Article 4, paragraph 29 of Regulation (EU) 2015/2366.
Amendment 278 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. In accordance with the Treaties, the European Central Bank shall have the exclusive right to authorise the issue of the digital euro, and the European Central Bank and the national central banks may issue the digital euro, subject to an issuance decision pursuant to paragraph 3.
Amendment 284 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. Before the planned issuance of the digital euro, the ECB shall submit to the European Parliament, the Council and the Commission a report justifying the need for issuance and laying out an in- depth impact assessment regarding the impact of the digital euro on the payments market.
Amendment 294 #
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
Amendment 301 #
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) where the payee is a natural person acting in the course of a purely personal or household activity; For the purpose of point (c), the European Central Bank shall develop instruments to avoid the use of the digital euro by payees which are enterprises, for non-personal or household activity.
Amendment 321 #
Proposal for a regulation
Article 13 – paragraph 3 – point b
Article 13 – paragraph 3 – point b
(b) when a payment service provider provides cash services where funding and defunding take place through euro banknotes and coins, subject to any limitations that the European Central Bank may adopt in accordance with Article 16(a) of this Regulation.
Amendment 324 #
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – point a
Article 13 – paragraph 4 – subparagraph 1 – point a
(a) to have their digital euros in excess of any limitations the European Central Bank may adopt in accordance with Article 16 automatically defunded to a non-digital euro payment account held at the same payment service provider, where an online digital euro payment transaction is received;
Amendment 328 #
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 1 – point b
Article 13 – paragraph 4 – subparagraph 1 – point b
(b) to make an online digital euro payment transaction where the transaction amount exceeds their digital euro holdings from a non-digital euro payment account held at the same payment service provider.
Amendment 347 #
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Digital euro users may have one or several digital euro payment accounts with the same or different payment service providers.
Amendment 350 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. For the purpose of distributing the digital euro to natural persons referred to in Article 13(1)(a), credit institutions that provide payment services as referred to in points (1), (2) or (3) of Annex I to Directive (EU) 2015/2366 shall, upon request of their clients, provide those persons with all basic digital euro payment services as referred to in Annex II insofar as these services are provided to the same clients for non-digital euro accounts.
Amendment 354 #
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. The Commission is empowered to adopt delegated acts in accordance with Article 38 to supplement this Regulation by further specifying the conditions and guidelines for which a payment service provider is not required to initiate or is required to terminate the relationship with natural or legal persons.
Amendment 371 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. With a view to enabling natural and legal persons to access and use digital euro, to defining and implementing monetary policy and to contributing to the stability of the financial system, the use of the digital euro as a store of value mayshall be subject to limitholding and transaction limits. These limits shall be low and shall correspond to the average daily spending of digital euro users as per the latest European Central Bank statistics.
Amendment 390 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. For the purpose of Article 15(1), the European Central Bank together with the Single Supervisory Mechanism shall develop instruments to limit the use of the digital euro as a store of value and shall decide on their parameters and use, in accordance with the framework set out in this Article. PSPs providing account servicing payment services within the meaning of Directive 2015/2366 to natural and legal persons referred to in Article 12(1) shall apply these limits to digital euro payment accounts.
Amendment 408 #
Proposal for a regulation
Article 16 – paragraph 2 – point c a (new)
Article 16 – paragraph 2 – point c a (new)
(ca) safeguard stable funding of credit institutions and their lending capacity;
Amendment 412 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The parameters and use of the instruments referred to in paragraph 1 shall be applied in a non-discriminatory manner and uniformly across the euro area. Digital euro users who are not natural persons shall be subject to a digital euro holding limit of zero.
Amendment 417 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
Amendment 421 #
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
Amendment 426 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
8. Within the framework of this Regulation, tThe digital euro shall not bear interest.
Amendment 433 #
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16a For the purpose of Article 15(1), the European Central Bank together with the Single Supervisory Mechanism shall set amount limits for each individual transaction and for the overall amount of digital euro spent by digital euro users in a specific timeframe.
Amendment 435 #
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. For the purpose of Article 15(2), without prejudice to any possible fees charged on other digital euro payment services, payment services providers shall not chargemay charge reasonable account fees to natural persons as referred to in Article 13(1), points (a), (b) and (cb), for the provision of the basic digital euro payment services referred to in Annex 2. This paragraph is without prejudice to payment service providers’ fees on non-digital euro accounts and on digital euro accounts opened to natural persons to in Article 13(1), point (c).
Amendment 438 #
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. The European Central Bank shall set a limit on the number of transactions free of charge which are included in the “basic services” set out in Annex II.
Amendment 450 #
Proposal for a regulation
Article 17 – paragraph 2 – point a
Article 17 – paragraph 2 – point a
(a) the sum of all of the relevant costs incurred by payment services providers for the provision of digital euro payment services, including a reasonable margin of profit;
Amendment 451 #
Proposal for a regulation
Article 17 – paragraph 2 – point b
Article 17 – paragraph 2 – point b
Amendment 514 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
Amendment 519 #
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Payment service providers shall allow the use of digital euro payment account by more than one digital euro users.to a designated person with prior authorisation
Amendment 521 #
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The digital euro shall be available for both online and offline digital euro payment transactions as of the first issuance of the digital euro.
Amendment 529 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 537 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Without prejudice to the disputes concerning the lawfulness of the processing of personal data, disputes between digital euro users and payment service providers in respect to digital euro services shall be governed by Directive 2015/2366. 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 543 #
Proposal for a regulation
Article 27 – paragraph 3
Article 27 – paragraph 3
Amendment 549 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Article 28 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers distributing the digital euro shall at a minimum provide digital euro users with the choice of usingone of the following digital front-end services to allow digital euro users to access and use digital euro payment services:
Amendment 557 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1 – point a
Article 28 – paragraph 1 – subparagraph 1 – point a
(a) front-end services developed by payment service providers; and
Amendment 576 #
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Payment service providers shall enable digital euro users at their request to switch their digital euro payment accounts to other payment service providers while maintaining the same account identifidigital euro payment account numbers.
Amendment 690 #
Proposal for a regulation
Annex II – paragraph 1 – point a
Annex II – paragraph 1 – point a
(a) opening, holding and closing of a digital euro payment account;
Amendment 692 #
Proposal for a regulation
Annex II – paragraph 1 – point c
Annex II – paragraph 1 – point c
Amendment 698 #
Proposal for a regulation
Annex II – paragraph 1 – point e – indent 3
Annex II – paragraph 1 – point e – indent 3
– government-to-person and person- to-government digital euro payment transactions.
Amendment 699 #
Proposal for a regulation
Annex II – paragraph 1 – point g
Annex II – paragraph 1 – point g
(g) provision of at least one electronic payment instrument or payment initiation channel for the execution of digital euro payment transactions such as referred to in letter (e).
Amendment 701 #
Proposal for a regulation
Annex II – paragraph 1 – point g a (new)
Annex II – paragraph 1 – point g a (new)
(ga) for the purpose of letters (d) and (e), the limits set according to Article 17(1a) shall apply.