Activities of Emil RADEV related to 2023/0212(COD)
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 (50)
Amendment 41 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) The digital euro, both for online and offline digital euro transactions, must always complement the physical cash and not replace it. Citizens and businesses will always have the choice of using one or another form of legal tender or their combination of them.
Amendment 49 #
Proposal for a regulation
Recital 48
Recital 48
(48) The primary deployment of the digital euro in the euro area should not lead to discrimination of citizens and businesses in Member States whose currency is not the euro or otherwise inadvertently create double standards in the single market. Prospective digital euro users in such Member States should get the possibility to voluntarily take up the digital euro where possible. The provision of digital euro payment services to digital euro users residing or established in a Member State whose currency is not the euro should be subject tocome possible under a prior arrangement between the European Central Bank and the national central bank of the Member State whose currency is not the euro, following a request from the Member State whose currency is not the euro. Such arrangement should ensure that natural and legal persons who become digital euro users in the Member State whose currency is not the euro receive the same conditions and opportunities for the use of the digital euro as digital euro users in Member States whose currency is the euro, particularly when it comes to holding limits, the extent of basic services, free of charge, etc. In line with the Agreement on the European Economic Area, digital euro users residing or established in non-euro area Member States may be provided digital euro payment services by payment service providers established in the European Economic Area.
Amendment 59 #
Proposal for a regulation
Recital 64
Recital 64
(64) To provide for instantaneous settlement, both online and offline digital euro transactions, including in the context of funding and defunding, and as waterfall and reverse waterfall functionalities, should be settled instantaneously, in a few seconds only, in normal circumstances. The settlement of online digital euro payment transactions should be performed in the digital euro settlement infrastructure adopted by the Eurosystem. Online digital euro payment transactions should be settled in a matter of seconds as specified under the functional and technical requirements adopted by the European Central Bank. Final settlement of online digital euro payment transactions should be achieved at the moment of recording the digital euros concerned of the payer and the payee in the digital euro settlement infrastructure approved by the European Central Bank, irrespective of whether digital euros are recorded as holding balances or units of value, or of the technology used. The digital euro settlement infrastructure should seek to ensure adaptation to new technologies, including distributed ledger technology. Given the sensitivity of data to be stored in the settlement infrastructure, the principles of data protection by design and by default as defined in Regulation 2016/679 should be duly reflected in its development, along with the implementation of appropriate safeguards in this regard.
Amendment 74 #
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 euro users with a payment service provider to access digital euro recorded in the digital euro settlement infrastructure or in an offline digital euro local storage device and to initiate or receive digital euro payment transactions, whether offline or online, and irrespective of technology and data structure;
Amendment 82 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
31. ‘mobile device’ means a device that enables digital euro users to securely authorise digital euro payment transactions online or offline including in particularbut not limited to smart phones, tablets, smart watches and wearables of all kind, as well as cards and USB sticks containing a local storage device.
Amendment 83 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31 a (new)
Article 2 – paragraph 1 – point 31 a (new)
31 a. ‘local storage device’ means a mobile device in which authorisation and settlement of offline digital euro payment transactions takes place.
Amendment 102 #
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 2
Article 13 – paragraph 4 – subparagraph 2
For the purpose of points (a) and (b), and upon prior approvalermission by the digital euro users, payment service providers shall link each digital euro payment account to a single non-digital euro payment account designated by the digital euro users. Digital euro users shall be allowed to have that designated non-digital euro payment account with a different payment service provider than the one where a given digital euro payment account is held.
Amendment 117 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The European Central Bank may require payment service providers to provide all information necessary for the application of this Article, in accordance with existing data protection rules in line with the purposes of the processing of personal data, and to verify compliance with it. Any information requested shall be sent by payment service providers within the time limit set by the European Central Bank. The European Central Bank may require that such information is certified by an independent auditor.
Amendment 119 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Payment service providers may only distribute the digital euro to natural and legal persons residing or established in a Member State whose currency is not the euro if the European Central Bank and the national central bank of that Member State have signed an arrangement to that effect. Under such arrangement, natural and legal persons residing or established in that Member State wishing to become digital euro users shall receive the same conditions and opportunities for the use of the digital euro as digital euro users in Member States whose currency is the euro.
Amendment 129 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3 a. The settlement infrastructure shall be developed in compliance with to the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, and with appropriate safeguards.
Amendment 132 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The European Central Bank may facilitate the fraud detection and prevention tasks that payment service providers shall perform under Directive 2015/2366 by establishing a general fraud detection and prevention mechanism for online digital euro transactions to ensure the smooth and efficient functioning of the digital euro, while at the same time provide the appropriate safeguards necessary to make the processing compliant with the principle of proportionality. That general fraud detection and prevention mechanism may be operated directly by the European Central Bank or by the providers of support services designated by the European Central Bank.
Amendment 134 #
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.V. The Payment service providers shall implement appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures to ensure that European Central Bank or the support service shall not be able to directly identify the digital euro users on the basis of the information provided to the fraud detection and prevention mechanism. When implementing these technical and organisational measures, the payment service providers should take into account principles of data protection by design and by default and storage limitation, as defined in Regulation (EU) 2016/679.
Amendment 141 #
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 interest, in accordance with Article 6(1)(e) of Regulation 2016/679, where they process personal data for the following purposes:
Amendment 156 #
Proposal for a regulation
Article 34 – paragraph 2 a (new)
Article 34 – paragraph 2 a (new)
2 a. The Commission is empowered to adopt delegated acts in accordance with Article 38 to clarify the purposes of processing personal data by the payment service providers in paragraph 1 (a) and (c) of this Article, in order to come to a complete and closed list of purposes for processing personal data in this paragraph.
Amendment 158 #
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 38 to update the types of personal data listed in Annex III, in order to come to a complete and closed list of personal data to be processed for the stated purpose.
Amendment 160 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Payment service providers shall implement appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures to ensure that any data communicated to the European Central Bank and the national central banks or to providers of support services do not directly identify individual digital euro users. In particular, such measures should ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual digital euro user without the use of additional information. More broadly, when implementing these technical and organisational measures, payment service providers shall take into account principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 170 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The European Central Bank and the national central banks perform a task in the public interest or exercise official authority, in accordance with Article 6(1)(e) of Regulation 2016/679, where they process personal data for the following purposes:
Amendment 174 #
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 38 to update the types of personal data listed in Annex IV, in order to come to a complete and closed list of personal data to be processed for the stated purpose.
Amendment 182 #
Proposal for a regulation
Article 35 – paragraph 7
Article 35 – paragraph 7
7. Where the European Central Bank decides not to confer tasks referred to in Articles 27 and 32 upon providers of support services, the European Central Bank may process the types of personal data referred to in Annex 5V subject to the requirements referred to in paragraph 4 of this Article.
Amendment 185 #
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. Where the European Central Bank decides to confer tasks referred to in Article 27 and 32 upon providers of support services, providers of support services shall provide payment-related services across PSPs. In such a situation, payment service providers perform a task in the public interest, in accordance with Article 6(1)(e) of Regulation 2016/679, where they process personal data for the following purposes:
Amendment 188 #
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 38 to update the types of personal data listed in Annex V, in order to come to a complete and closed list of personal data to be processed for the stated purpose.
Amendment 202 #
2. Transaction data shall not be retainprocessed by payment service providers or by the European cCentral bBanks and the national central banks.
Amendment 209 #
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
(c a) the objective of preserving the right to the protection of personal data and privacy in carrying out payments.
Amendment 211 #
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 opinionshall consult AMLA, which shall assessing the level of money laundering and terrorist financing threats associated with the offline digital euro and its vulnerabilities. The Commission may also consult the European Data Protection Board. For the purposes of point (d), the Commission shall consult the European Data Protection Supervisor, in accordance with Regulation (EU) 2018/1725.
Amendment 215 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 11, 334, 345 and 356 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
Amendment 216 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. The power to adopt the delegated acts referred to in Articles 11, 334, 345 and 356 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 219 #
Proposal for a regulation
Article 38 – paragraph 6
Article 38 – paragraph 6
6. A delegated act adopted pursuant to Articles 11, 334, 345 and 356 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. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 272 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31
Article 2 – paragraph 1 – point 31
31. ‘mobile device’ means a payment terminal or a device that enables digital euro users to securely authorise digital euro payment transactions online or offline including in particular but not limited to smart phones, tablets, smart watches and wearables of all kind, as well as cards and USB sticks containing a local storage device.
Amendment 285 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The digital euro shall be governed by the provisions of this Regulation, supplemented by the delegated acts that the Commission is empowered to adopt pursuant to Articles 11, 33, 34, 35 and 38, and by the implementing acts that the Commission is empowered to adopt pursuant to Article 37. When drafting delegated and implementing acts pursuant to Articles mentioned in this paragraph, the Commission shall fully implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 287 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Within the framework of this Regulation, the digital euro shall also be governed by the detailed mdesign feastures, rules and standards that may be adopted by the European Central Bank pursuant to its own competences. Where these detailed mdesign feastures, rules and standards have an impact on the protection of individuals’ rights and freedom with regard to the processing of personal data, the European Central Bank shall consult the European Data Protection Supervisor prior to their adoption. Such detailed measures, rules and standards shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, and shall implement privacy-enhancing technologies, where technically possible.
Amendment 316 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
Article 13 – paragraph 1 – subparagraph 2
The European Central Bank may, with the aim to safeguard the objectives of its monetary policy, restrict the access to and use in time of the digital euro for the digital euro users referred to in points (b) and (c) subject to the conditions laid down in Article 16 (2). Those timeframes shall be determined in relation to the residence or visiting status of the digital euro users.
Amendment 465 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The European Central Bank may require payment service providers to provide all information necessary for the application of this Article and to verify compliance with it. Where this information concerns personal data, the European Central Bank shall require only the data that is strictly necessary for the purposes of the processing, and with full implementation of the principle of data minimisation. Any information requested shall be sent by payment service providers within the time limit set by the European Central Bank. The European Central Bank may require that such information is certified by an independent auditor.
Amendment 496 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Payment service providers may only distribute the digital euro to natural and legal persons residing or established in a Member State whose currency is not the euro if the European Central Bank and the national central bank of that Member State have signed an arrangement to that effect. Under such arrangement, natural and legal persons residing or established in that Member State wishing to become digital euro users shall receive the same conditions and opportunities for the use of the digital euro as digital euro users in Member States whose currency is the euro, without prejudice to European Central Bank’s prerogative to safeguard the objectives of its monetary policy.
Amendment 504 #
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The agrerrangement referred to in paragraph 1shall specify the necessary implementing measures and procedures, and the cases under which the agrerrangement may be restricted, suspended, or terminated.
Amendment 508 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The agreement between the Union and the third country shall specify the necessary implementing measures and procedures, and the cases under which the agreement may be restricted, suspended, or terminated, in particular where the third country has been identified as a third country with significant strategic deficiencies in its national anti-money laundering and combating the financing of terrorism regime as referred to in Article 23 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] or as a third country with compliance weaknesses in its national anti-money laundering and combating the financing of terrorism regime as referred to in Article 24 of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] or as a third country posing a specific and serious threat to the Union’s financial system as referred to in Article 25 of Regulation [insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final]. That agreement shall be complemented by an arrangement between the European Central Bank and the national central bank and, where appropriate, the national competent authority of the third country.
Amendment 572 #
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. The settlement infrastructure shall be developed in compliance with the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, and designed in such a way that neither the European Central Bank nor national central banks can attribute data to an identified or identifiable Digital Euro user.
Amendment 580 #
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. The European Central Bank may facilitate the fraud detection and prevention tasks that payment service providers shall perform under Directive 2015/2366 by establishing a general fraud detection and prevention mechanism for online dDigital eEuro transactions to ensure the smooth and efficient functioning of the dDigital euroEuro, while at the same time provide necessary safeguards to make the processing compliant with the principles of necessity and proportionality and in respect of appropriate storage limitation. That general fraud detection and prevention mechanism may be operated directly by the European Central Bank or by the providers of support services designated by the European Central Bank.
Amendment 583 #
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The European Central Bank shall consult the European Data Protection Supervisor and the Anti-Money Laundering Authority prior to developing the details on the operational elements of the fraud detection and prevention mechanism.
Amendment 587 #
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 5V. 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 service shall not be able to directly identify the digital euro users on the basis of the information provided to the fraud detection and prevention mechanism. When implementing these technical and organisational measures, payment service providers and the European Central Bank shall take into account the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, ensuring that the processing of personal data is carried out in such a manner that the personal data can no longer be attributed to an individual digital euro user without the use of additional information.
Amendment 594 #
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 interest where theyshall process personal data only for the following purposes:
Amendment 606 #
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. Payment service providers shall implement appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures to ensure that any data communicated to the European Central Bank and the national central banks or to providers of support services do not directly identify individual digital euro usersDigital Euro users. In particular, such measures shall ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual Digital Euro user without the use of additional information. When implementing these technical and organisational measures, payment service providers shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 614 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Personal data processed for tasks referred to in paragraph 1 shall be supported by appropriate technical and organisational measures including state-of- the-art security and privacy-preserving measures. This shall include the clear segregation of personal data to ensure that the European Central Bank and the national central banks cannot directly and indirectly identify individual digital euro users. In particular, such measures shall ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual digital euro user without the use of additional information. When implementing these technical and organisational measures, the ECB and national central banks shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 619 #
Proposal for a regulation
Article 35 – paragraph 8
Article 35 – paragraph 8
8. For purpose of supporting the task of payment service providers to enforce the holding limits in accordance to Article 16(1) and ensuring the emergency switching upon the request of the user in accordance with Article 31(2), the ECB may alone or jointly with national central banks establish a single access point of digital euro user identifiers and the related digital euro holding limits as referred to in point (4) of Annex 4. The European Central Bank shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the identity of individual digital euro users cannot be inferred from the information accessed via the single access point by entities other than payment service providers whose customer or potential customer is the digital euro user. When implementing these technical and organisational measures, the European Central Bank shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 622 #
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. Where the European Central Bank decides to confer tasks referred to in Article 27 and 32 upon providers of support services, providers of support services shall provide payment-related services across PSPs. In such a situation, payment service providers perform a task in the public interest, where they process personal data forshall solely process personal data where they perform a task in the public interest, in accordance with Article 6(1)(e) of Regulation 2016/679, limited to the following purposes:
Amendment 625 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. The processing of personal data for the purposes referred to in paragraph 1 shall only take place when appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures are implemented to ensure that the providers of support services cannot directly identify individual digital euro users. In particular, such measures shall ensure that personal data are pseudonymised in such a manner that these data can no longer be attributed by the European Central Bank or the national central banks to an individual digital euro user without the use of additional information. When implementing these technical and organisational measures, payment service providers shall implement principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
Amendment 634 #
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. Transaction data, as generated by a payment transaction within the processing limits laid down in Annex III, IV and V, shall not be retainprocessed by payment service providers, providers of support services or by the European central bBanks and the national central banks.
Amendment 641 #
Proposal for a regulation
Article 37 – paragraph 5
Article 37 – paragraph 5
5. The Commission is empowered to adopt implementingdelegated acts setting offline digital euro payment transaction limits and holding limits. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 398.
Amendment 646 #
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – introductory part
Article 37 – paragraph 6 – subparagraph 1 – introductory part
Transaction and holding limits shall take into account the need to prevent money laundering and terrorist financing while not unduly restricting the use of the offline digital euro as a means of payment. The Commission, when drawing up the implementingdelegated acts referred to in paragraph 5, shall take into account in particular the following:
Amendment 648 #
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – point c
Article 37 – paragraph 6 – subparagraph 1 – point c
(c) the objective of ensuring the usability and acceptance of the digital euro as a legal tender instrument.;
Amendment 649 #
Proposal for a regulation
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
Article 37 – paragraph 6 – subparagraph 1 – point c a (new)
(ca) the objective of introducing a payment instrument similar to cash and in relation to that preserving the right to the protection of personal data and privacy.