BETA

10 Amendments of Markus FERBER related to 2023/0208(COD)

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.
2024/01/29
Committee: ECON
Amendment 49 #
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. 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.deleted
2024/01/29
Committee: ECON
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.
2024/01/29
Committee: ECON
Amendment 94 #
Proposal for a regulation
Article 6
Article 6 Additional exceptions to the principle of mandatory acceptance of euro banknotes and coins of a monetary law nature The Commission is empowered to adopt delegated acts in accordance with Article 10 to supplement this Regulation by identifying additional exceptions of a monetary law nature to the principle of mandatory acceptance. Those exceptions shall be justified by an objective of public interest and proportionate to that aim, shall not undermine the effectiveness of the legal tender status of euro cash, and shall only be permitted provided that other means for the payment of monetary debts are available. When preparing those delegated acts, the Commission shall consult the European Central Bank.deleted
2024/01/29
Committee: ECON
Amendment 121 #
Proposal for a regulation
Article 9 – paragraph 2
2. For the purposes of Articles 7 and 8, the Commission shall adopt implementingdelegated 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 throughout their territory, in all their different regions, including urban and non- urban areas. Those implementingdelegated 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 implementingdelegated acts, the Commission shall consult the European Central Bank.
2024/01/29
Committee: ECON
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 findings ofremedial measures proposed in 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.
2024/01/29
Committee: ECON
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 an indeterminate period of timefive years from [date of entry into force of this Regulation].
2024/01/29
Committee: ECON
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.
2024/01/29
Committee: ECON
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 theany remedial measures to be taken pursuant to Articles 7 and 8;
2024/01/29
Committee: ECON
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.
2024/01/29
Committee: ECON