14 Amendments of Paul TANG related to 2023/0208(COD)
Amendment 31 #
Proposal for a regulation
Recital 6
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 the level of unilateral ex ante exclusions of payments in cash when payments are performed in physical premises 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. If in light of their assessment acceptance of payments in cash is ensured 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 ex ante unilateral exclusions of cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation, such as a prohibition or restrictions onenforce the prohibition of ex ante unilateral exclusions of cash in all or parts of its territory, for example in rural areas, or in certain sectors which are deemed essential such as post offices, supermarkets, pharmacies or healthcare, or for . To this end, Member States should equip national competent authorities with all the required competencies and resources to ensure the mandatory accerptain types of payments which are deemed essentialnce by payees.
Amendment 53 #
Proposal for a regulation
Recital 11
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 57 #
Proposal for a regulation
Article 2 – paragraph 1
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 61 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
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 64 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
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 73 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b
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 83 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2 a (new)
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 89 #
Proposal for a regulation
Article 5 a (new)
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 98 #
Proposal for a regulation
Article 7 – paragraph 1
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 levelnon-compliance with the prohibition of ex ante unilateral exclusions of payments in cash throughout their territory, in all their different regions, including urban and non- urban areas, on the basis of the common indicators adopted by the Commission and shall assess the situation.
Amendment 102 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. If a Member State considers that the level ofmandatory acceptance of payments in cash in their territory or parts thereof is 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 108 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure sufficient and effective access to cash throughout their territory, in all their different regions, including urban and non- urban areas. In order to ensure sufficient and effective access to cash, Member States shall monitor access to cash throughout their territory, in all their different regions, including urban and non- urban areas, on the basis of the common indicators adopted by the Commission and shall assess the situation. Common indicators shall assess at least the following criteria:
Amendment 112 #
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1 a (new)
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 116 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
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 174 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Euro banknotes and coins and the digital euro shall be convertible into each other at parfully fungible.