BETA

Activities of Patrick BREYER 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
2024/02/20
Committee: LIBE
Dossiers: 2023/0212(COD)
Documents: PDF(300 KB) DOC(188 KB)
Authors: [{'name': 'Emil RADEV', 'mepid': 124850}]

Amendments (76)

Amendment 51 #
(56) To facilitate the use of digital euro and the provision of innovative services, the Eurosystem should support the provision of conditional digital euro payment transactions. First, some types of conditional payment services could be supported through detailed measures, rules and standards that could help payment service providers to develop and operate interoperable applications that execute conditional logic. That could include a set of technical tools such as application programming interfaces. Second, the Eurosystem could provide additional functionalities in the digital euro settlement infrastructure, necessary for the provision of conditional payment services to digital euro users. That could facilitate the reservation of funds in the settlement infrastructure for future execution of some conditional payments. Payment service providers should adapt the business logic for conditional digital euro payment transactions in accordance with the standards and application programming interfaces which the Eurosystem may adopt to facilitate such transactions.
2023/12/11
Committee: LIBE
Amendment 55 #
Proposal for a regulation
Recital 59
(59) To facilitate a harmonised user experience, the digital euro rules, standards and processes that the European Central Bank may adopt pursuant to its own competences, should ensure that any digital euro user is able to carry out digital euro payment transactions with any other digital euro users across the euro area regardless of the payment service providers involved and the front-end services used. To reduce the fragmentation of the European retail payments market, and to support competition, efficiency and innovation in that market, and the development of payment instruments across the Union in keeping with the objective of the Commission’s retail payment strategy, the digital euro should be, to the extent possible, compatible with private digital payment solutions, building on functional and technical synergies. In particular, the European Central Bank should seek to ensure that the digital euro is compatible with private digital payment solutions at the point of interaction, and in person-to- person payments, where the fragmentation of the Union retail payments market is currently significant. The use of open standards, common rules and processes, and possibly shared infrastructures could support such compatibility. Specifically, the ECB should give preference to the use of open standards where such standards are available. While existing solutions may be leveraged where such solutions are deemed appropriate to ensure that compatibility, notably in view of minimising overall adaptation costs, such existing solutions should not create undue dependencies that could prevent adaptation of the digital euro to new technologies or would be incompatible with the digital euro features. In order to achieve these objectives, and without conferring any enforceable rights upon market operators, the European Central Bank should seek to ensure that the digital euro is compatible with private digital payment solutions on a best-effort basis and where deemed appropriate.
2023/12/11
Committee: LIBE
Amendment 56 #
Proposal for a regulation
Recital 60
(60) To facilitate dispute resolution, the European Central Bank should provide payment service providers and digital euro users with technical and functional support for dispute resolution, related at least to technical and fraud, fraud and commercial (pre) disputes. Technical disputes include inter alia situations where the transaction amount differs, where there are duplicates, or where there is no authorization or pre- validation. Fraud disputes include inter alia situations of identity theft, merchant identity fraud, counterfeit goods. Commercial disputes include late or no delivery of goods and services or a lack of quality of the goods and services delivered and disputes arising during cancellation or withdrawal processes.
2023/12/11
Committee: LIBE
Amendment 60 #
Proposal for a regulation
Recital 67
(67) For reasons of contractual freedom and to ensure competition, digital euro users should have the possibility to switch their digital euro payment accounts to different payment service providers free of charge. At the request of the digital euro users, payment service providers should then enable the switching of the digital euro payment accounts, while maintaining the same account identifiers. In exceptional circumstances where a payment service provider is unable to perform this task, including due to having lost the relevant digital euro payment account-related data, the European Central Bank should be able to authorise the switching of digital euro payment accounts so that the new payment service provider designated by the digital euro user can retrieve the information about the digital euro holdings of the digital euro user and complete the switching without relying on the unavailable payment service provider. This process should allow a digital euro user to then continue accessing its digital euro holdings via the new designated payment service provider. The European Central Bank would not have any operational role in the switching on account both in both going concern situations and exceptional circumstances.
2023/12/11
Committee: LIBE
Amendment 66 #
Proposal for a regulation
Recital 73
(73) Payment service providers should be able to process personal data in so far as it is necessary to fulfil tasks that are essential to the proper functioning of the digital euro. In line with Article 6(1)(c) of Regulation (EU) 2016/679, processing activities should be considered lawful as regards the digital euro if and to the extent that they are necessary for compliance with a legal obligation to which the controller is subject pursuant to this Regulation. In the framework of this regulation, the processing of personal data for the purposes of the enforcement of holding limits, the initiation of the funding and de- funding of a user’s holdings, and the management of local storage devices for offline digital euro payments are tasks in the public interestcomplies with a legal obligation that areis essential for the protection of citizens making use of the digital euro as well as for the stability and integrity of the Union's financial system. Payment service providers will be the controller of personal data as regards these tasks. In addition, payment service providers may process personal data to comply with existing tasks in the public interest or for compliance with a legal obligation established in Union law that apply to funds defined in Directive (EU) 2015/2366. These tasks apply to the provision of payment services and the prevention and detection of fraud in accordance with Directive (EU) 2015/2366, combatting money laundering and terrorist financing in accordance with Directive (EU) 2015/849, the fulfilment of obligations related to taxation and tax avoidance, and the management of operational and security risks in line with Regulation (EU) 2022/255. No further processing of personal data should be allowed. This includes the access, storage and processing of data by third parties in the framework of open banking.
2023/12/11
Committee: LIBE
Amendment 68 #
Proposal for a regulation
Recital 76
(76) The European Central Bank and national central banks may process personal data in so far as it is necessary to fulfil tasks that are essential to the proper functioning of the digital euro. In the framework of this regulation, the processing of personal data for the purposes of the settlement of digital euro payment transactions and the management of the security and integrity of the digital euro infrastructure are tasks in the public interest that are essential for the protection of citizens making use of the digital euro as well as for the stability and integrity of the Union's financial system. The legal basis for processing of personal data is therefore provided for in Article 6(1)(e) of Regulation (EU) 2016/679 for national banks and Article 5(1)(a) of Regulation (EU) 2018/1725 for the European Central Bank. The task of maintaining the security and integrity of digital euro infrastructure includes activities related to ensuring the stability and operational resilience of the digital euro. The European Central Bank and national central banks would be the controller of personal data as regards these tasks. The European Central Bank and national central banks would process personal data for these tasks using state-of- the-art security and privacy-preserving measures, such as pseudonymisation or encryption, to ensure that data cannot be used to directly identify a specific digital euro user..
2023/12/11
Committee: LIBE
Amendment 76 #
Proposal for a regulation
Article 2 – paragraph 1 – point 15
15. ‘offline digital euro payment transaction’ means a digital euro payment transaction, made in physical proximity, where authorisation and settlement take place in the local storage devices of both payer and payee;
2023/12/11
Committee: LIBE
Amendment 78 #
Proposal for a regulation
Article 2 – paragraph 1 – point 20 a (new)
20 a. ‘payment transaction data’ means data which is generated by a payment transaction within the processing limits laid down in Annex III, IV and V;
2023/12/11
Committee: LIBE
Amendment 79 #
Proposal for a regulation
Article 2 – paragraph 1 – point 28
28. ‘user alias’ means a unique pseudonymous identifier composed of the unique digital euro account number and, upon request by the digital euro user, additional proxies, that unambiguously identifiers a digital euro payment account and is 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;
2023/12/11
Committee: LIBE
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point 31 a (new)
31 a. ‘local storage device’ means either a mobile device as defined in paragraph 31, or a payment terminal used by a payee or merchant.
2023/12/11
Committee: LIBE
Amendment 85 #
Proposal for a regulation
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 the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
2023/12/11
Committee: LIBE
Amendment 87 #
Proposal for a regulation
Article 5 – paragraph 2
2. Within the framework of this Regulation, the digital euro shall also be governed by the detailed measures, rules and standards that may be adopted by the European Central Bank pursuant to its own competences. Where these detailed measures, 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 fully implement the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679, and shall implement privacy-enhancing technologies.
2023/12/11
Committee: LIBE
Amendment 89 #
Proposal for a regulation
Article 6 – paragraph 2
2. Directive (EU) 2015/2366 of the European Parliament and of the Council, of 25 November 2015, on payment services in the internal market, as replaced by Directive (EU) [please insert reference – proposal for a Directive on payment services and electronic money services in the internal market - COM/2023/366 final] and Regulation (EU) [please insert reference – proposal for a Regulation on payment services in the internal market and amending Regulation (EU) No 1093/2010 - COM(2023) 367 final], shall govern the supervision by competent authorities, the sanctions regime and supervisory arrangements between the competent authorities of the home Member States and of the host Member States, concerning compliance by Payment Services Providers of their obligations pursuant to Chapters IV, V, VI and VII of this Regulation.
2023/12/11
Committee: LIBE
Amendment 90 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
2 a. Regulation (EU) 2016/679 of the European Parliament and of the Council, of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC [General Data Protection Regulation] and Regulation (EU) 2018/1725 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC [EUDPR] shall govern the supervision by competent authorities, the sanctions regime and supervisory arrangements between the competent authorities of the home Member States and the host Member States, concerning compliance by data controllers of their obligations pursuant to Chapter VIII of this Regulation.
2023/12/11
Committee: LIBE
Amendment 95 #
Proposal for a regulation
Article 9 – paragraph 2
For the purposes of point (b) and (d), the burden of proof to establish that legitimate and temporary grounds existed in a particular case and that the refusal was proportionate shall be on the payee.
2023/12/11
Committee: LIBE
Amendment 97 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 2
The European Central Bank may 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.deleted
2023/12/11
Committee: LIBE
Amendment 98 #
Proposal for a regulation
Article 13 – paragraph 2
2. Payment service providers that provide servicing payment services within the meaning of Directive 2015/2366 shall enable digital euro users to manually or automatically fund or defund their digital euro payment accounts from or to non- digital euro payment accounts, or euro banknotes and coins when a payment services provider provides cash services, subject to any limitations that the European Central Bank may adopt in accordance with Article 16 of this Regulation.
2023/12/11
Committee: LIBE
Amendment 99 #
Proposal for a regulation
Article 13 – paragraph 4
4. Payment service providers providing account servicing payment services within the meaning of Directive 2015/2366 shall enable digital euro users: (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, where an online digital euro payment transaction is received; (b) to make an online digital euro payment transaction where the transaction amount exceeds their digital euro holdings. For the purpose of points (a) and (b), and upon prior approval 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.deleted
2023/12/11
Committee: LIBE
Amendment 103 #
Proposal for a regulation
Article 13 – paragraph 6 a (new)
6 a. In case a payment service provider providing digital euro payment services enters into insolvency or other similar proceedings, the digital euro holdings of digital euro users would not be affected.
2023/12/11
Committee: LIBE
Amendment 104 #
Proposal for a regulation
Article 14 – paragraph 3 – point a
(a) provide basic digital euro payment services to natural persons referred to in Article 13(1)(a) that do not hold or do not wish to hold a non-digital euro payment account;
2023/12/11
Committee: LIBE
Amendment 106 #
Proposal for a regulation
Article 14 – paragraph 3 – point b
(b) provide basic digital payment services and provide digital inclusion support provided face-to-face in physical proximity to persons with disabilities, functional limitations or limited digital skills, and elderly peopleall payment service users.
2023/12/11
Committee: LIBE
Amendment 107 #
Proposal for a regulation
Article 14 – paragraph 3 a (new)
3 a. 3a. Member States shall ensure sufficient and effective access to the entities referred to in the first subparagraph throughout their territory, in all their different regions, including urban and non-urban areas. Member States shall determine the number and geographical distribution of entities on the basis of common indicators adopted by the Commission by delegated acts.
2023/12/11
Committee: LIBE
Amendment 108 #
Proposal for a regulation
Article 14 – paragraph 3 b (new)
3 b. 3b. Member States shall ensure a high level of quality of the support provided and a service which is targeted to the needs of vulnerable consumers. Member States shall assess the quality of advice on the basis of common indicators adopted by the Commission by delegated acts.
2023/12/11
Committee: LIBE
Amendment 110 #
Proposal for a regulation
Article 14 – paragraph 5
5. The anti-money laundering authority of the Union (‘AMLA’) established under Regulation (EU) [please insert reference - proposal for a Regulation creating an EU Authority for anti-money laundering and countering the financing of terrorism (‘AMLA’) - COM/2021/421 final)] and the European Banking Authority shall jointly issue guidelines specifying the interaction between AML/CFT requirements and the provision of basic digital euro payment services with a particular focus on financial inclusion of vulnerable groups including asylum seekers or beneficiaries of international protection, individuals with no fixed address or third country nationals who are not granted a residence permit but whose expulsion is impossible for legal or factual reasons. Those guidelines shall not imply that payment service providers register the status of potential digital euro users, including as asylum seeker or beneficiary of international protection or individual with no fixed address or third country national who is not granted a residence permit.
2023/12/11
Committee: LIBE
Amendment 111 #
Proposal for a regulation
Article 14 – paragraph 5 a (new)
5 a. Supervisors may, directly or in collaboration with other authorities in that Member State, exempt obliged entities from conducting, in full or in part, the customer due diligence measures referred to under Article 16(1), points (a) to (c) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final] with respect to the offline version of the digital euro on the basis of the proven low risk posed by the nature of the product.
2023/12/11
Committee: LIBE
Amendment 113 #
Proposal for a regulation
Article 16
[...]deleted
2023/12/11
Committee: LIBE
Amendment 115 #
Proposal for a regulation
Article 16 a (new)
Article 16a Use of the digital euro as a store of value Within the framework of this Regulation, the digital euro shall not bear interest.
2023/12/11
Committee: LIBE
Amendment 118 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
4 a. Where the information referred to in paragraph 4 concerns personal data, the European Central Bank shall require only the data that is strictly necessary for the purposes of the processing, and in full implementation of the principle of data minimisation. The requests for information by the ECB shall always be in writing, reasoned and occasional, and shall not concern the entirety of a filing system or lead to the interconnection of filing systems.
2023/12/11
Committee: LIBE
Amendment 122 #
Proposal for a regulation
Article 23 – paragraph 3
3. Before initiating a digital euro payment transaction in a proximity payment, the payee and the payer shall be informedagree ofn whether the digital euro payment transaction will be offline or online.
2023/12/11
Committee: LIBE
Amendment 123 #
Proposal for a regulation
Article 25
European Digital Identity Wallets 1. Front-end services shall be interoperable with or integrated in the European Digital Identity Wallets. 2. On request by digital euro users, payment service providers distributing the digital euro shall ensure that those users can rely on the functionalities of their European Digital Identity Wallets in accordance with Article 6a of Regulation (EU) [please insert reference – proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity – COM(2021) 281 final];Article 25 deleted
2023/12/11
Committee: LIBE
Amendment 125 #
Proposal for a regulation
Article 26 – paragraph 1
The European Central Bank shall seek to ensure to the extent possible the interoperability of standards governing digital euro payment services with relevant standards governing private digital means of payment. The European Central Bank shall seek to enable and encourage, to the extent possible and where appropriate, private digital means of payment to use rules, standards and processes governing the digital euro payment services, including the full implementation of the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679.
2023/12/11
Committee: LIBE
Amendment 126 #
Proposal for a regulation
Article 26 – paragraph 2
For tThe pEurpose of the first subparagraph, interoperability may be supported inter alia by the use of open standardsopean Central Bank shall give preference to the use of open standards where such standards are available.
2023/12/11
Committee: LIBE
Amendment 128 #
Proposal for a regulation
Article 30 – paragraph 2
2. Final settlement of online digital euro payment transactions shall occur at the moment of recording the transfer of the digital euros concerned from the payer to the payee in the digital euro settlement infrastructure approved by the Eurosystem. The settlement infrastructure shall be 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.
2023/12/11
Committee: LIBE
Amendment 130 #
Proposal for a regulation
Article 31 – paragraph 1
1. Payment service providers shall enable digital euro users at their request to switch their digital euro payment accounts free of charge to other payment service providers while maintaining the same account identifiers.
2023/12/11
Committee: LIBE
Amendment 131 #
Proposal for a regulation
Article 31 – paragraph 2
2. In exceptional circumstances where a payment service provider is operationally not in a position to provide digital euro payment services to digital euro users for a prolonged period of time, or has lost the digital euro payment account-related data concerned, the European Central Bank and national central banks may authorise the switching of digital euro payment accounts held with that payment service provider to another payment service provider designated by the digital euro user. That switching shall enable the new payment service provider to complete the switching without relying on the unavailable payment service provider. The switching service shall not result in data access by the European Central Bank and national central banks under normal circumstances.
2023/12/11
Committee: LIBE
Amendment 144 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – introductory part
Payment service providers perform a task in the public interestcomply with a legal obligation where they process personal data that is strictly necessary for the following purposes:
2023/12/11
Committee: LIBE
Amendment 145 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – point a
(a) the enforcement of limits, including the verification of whether prospective or existing digital euro users have digital euro accounts with another PSP, as referred to in Article 16;deleted
2023/12/11
Committee: LIBE
Amendment 148 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 – point c
(c) the provision of offline digital euro, including the registration and de- registration of the local storage devices as referred to in letter (b) of Annex I;deleted
2023/12/11
Committee: LIBE
Amendment 151 #
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1 a (new)
By derogation from the Regulation (EU) [please insert reference – proposal for a Regulation on payment services in the internal market and amending Regulation (EU) No 1093/2010 - COM(2023) 367 final], personal data on digital euro accounts shall not be used, accessed or stored by third parties.
2023/12/11
Committee: LIBE
Amendment 161 #
Proposal for a regulation
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 userscan no longer be directly and indirectly attributed to individual digital euro users without the use of additional information.
2023/12/11
Committee: LIBE
Amendment 163 #
Proposal for a regulation
Article 34 – paragraph 4 a (new)
4 a. This Article is without prejudice to additional services developed and provided by payment service providers on top of basic digital euro payment services, for which Article 6(1)(a) or (b) of Regulation (EU) 2016/679 would apply, considering that these services are subject to Directive (EU) 2015/2366.
2023/12/11
Committee: LIBE
Amendment 165 #
Proposal for a regulation
Article 34 – paragraph 4 b (new)
4 b. For the purpose of authentication and identification and in line with the principles of data minimisation and privacy by design and by default as laid down in 2016/679/EU, payment service providers shall provide by default authentication and identification methods which do not rely on biometric data.
2023/12/11
Committee: LIBE
Amendment 183 #
Proposal for a regulation
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 4decentralised system based on secure multi-party computation. 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.
2023/12/11
Committee: LIBE
Amendment 184 #
Proposal for a regulation
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 pursuant to Article 6(1)(e) of Regulation (EU) 2016/679, which are limited to the following purposes:
2023/12/11
Committee: LIBE
Amendment 190 #
Proposal for a regulation
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 or indirectly identify individual digital euro users.
2023/12/11
Committee: LIBE
Amendment 191 #
Proposal for a regulation
Article 36 – paragraph 4 a (new)
4 a. Providers of support services designated under this Article shall be subject to [the Directive and Regulation on digital operational resilience for the financial sector].
2023/12/11
Committee: LIBE
Amendment 192 #
Proposal for a regulation
Article 36 – paragraph 5
5. The providers of support services shall be considered to be the controllers of personal data as regards the purposes referred to in paragraph 1 of this Article. This paragraph is without prejudice to the European Central Bank and the national central banks appointing the operators of any payment-related services across PSPs and auditing of the service performance level without processing any personal data.deleted
2023/12/11
Committee: LIBE
Amendment 199 #
Proposal for a regulation
Article 37 – paragraph 2
2. Transaction data shall not be retainaccessed, stored or processed by payment service providers or by the European central banks and the national central banks.
2023/12/11
Committee: LIBE
Amendment 203 #
Proposal for a regulation
Article 37 – paragraph 3
3. Payment service providers shall retain data of funding and defunding for storing digital euros on payment instruments in accordance with Article 40 of Directive (EU) 2015/849 and national provisions transposing that Article. Payment service providers shall, upon request, make those data available to the Financial Intelligence Unit and other competent authorities as referred in Article 2(31) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final].deleted
2023/12/11
Committee: LIBE
Amendment 204 #
Proposal for a regulation
Article 37 – paragraph 4
4. For the purposes of paragraph 3, the funding and defunding data means the following: (a) the amount funded or defunded; (b) the identifier of the local storage device for offline digital euro payment; (c) the date and hour of the funding and defunding transaction; (d) the accounts numbers used for funding and defunding.deleted
2023/12/11
Committee: LIBE
Amendment 205 #
Proposal for a regulation
Article 37 – paragraph 5
5. The Commission is empowered to adopt implementing acts setting offline digital euro payment transaction limits and holding limits. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39.deleted
2023/12/11
Committee: LIBE
Amendment 207 #
Proposal for a regulation
Article 37 – paragraph 6
6. 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 implementing acts referred to in paragraph 5, shall take into account in particular the following: (a) an assessment of the money laundering and terrorist financing threats, vulnerabilities and risks of the digital euro when funding and defunding their payment instrument; (b) relevant recommendations and reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing; (c) the objective of ensuring the usability and acceptance of the digital euro as a legal tender instrument. 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 may consult the European Data Protection Board.deleted
2023/12/11
Committee: LIBE
Amendment 218 #
Proposal for a regulation
Article 38 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult the European Data Protection Supervisor pursuant to Article 42 of Regulation (EU) 2018/1725 and 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.
2023/12/11
Committee: LIBE
Amendment 220 #
Proposal for a regulation
Annex II – paragraph 1 – point a
(a) opening, holding and clos, closing and switching of a digital euro payment account;
2023/12/11
Committee: LIBE
Amendment 221 #
(c) non-automated funding and defunding from a non- digital euro payment account;
2023/12/11
Committee: LIBE
Amendment 223 #
Proposal for a regulation
Annex II – paragraph 1 – point e – introductory part
(e) initiation and reception of digital euro payment transactions by means of an electronic payment instrument, to the exclusion of conditional digital euro payment transactions other than standing orders and direct debits, in the following use cases:
2023/12/11
Committee: LIBE
Amendment 224 #
Proposal for a regulation
Annex II – paragraph 1 – point g a (new)
(g a) access to the dispute mechanism as laid down Article 27.
2023/12/11
Committee: LIBE
Amendment 225 #
Proposal for a regulation
Annex II – paragraph 1 – point g b (new)
(g b) digital inclusion support as laid down in Article 14.
2023/12/11
Committee: LIBE
Amendment 227 #
Proposal for a regulation
Annex III – point 1 – point iii
(iii) information on digital euro payment accounts; including information on digital euro holdings of the digital euro user and the unique digital euro payment account number; and
2023/12/11
Committee: LIBE
Amendment 231 #
Proposal for a regulation
Annex III – point 1 – point iv
(iv) information on online digital euro payment transactions, including the transaction identifier and the transaction amount.
2023/12/11
Committee: LIBE
Amendment 235 #
Proposal for a regulation
Annex III – point 2 – point iii
(iii) information on digital euro payment accounts, including the unique digital euro payment account number; and
2023/12/11
Committee: LIBE
Amendment 237 #
Proposal for a regulation
Annex III – point 2 – point iv
(iv) information of non-digital euro payment accounts, including the account number of the linked non-digital euro payment account.
2023/12/11
Committee: LIBE
Amendment 240 #
Proposal for a regulation
Annex III – point 3
3. For the purpose of point (c) of Article 34(1), processing shall be limited to: (i) the user identifier; including the name of the local storage device holders; and (ii) information on the local storage device, including the identifier of the local storage device.deleted
2023/12/11
Committee: LIBE
Amendment 246 #
Proposal for a regulation
Annex III – point 3 a (new)
3 a. For the purpose of point (d) of Article 34(1), processing shall be limited to: (i) ###
2023/12/11
Committee: LIBE
Amendment 247 #
Proposal for a regulation
Annex III – point 3 b (new)
3 b. For the purpose of point (e) of Article 34(1), processing shall be limited to: (i) ###
2023/12/11
Committee: LIBE
Amendment 249 #
Proposal for a regulation
Annex IV – point 1 – point i
(i) information on digital euro payment accounts, including the unique digital euro payment account number; and
2023/12/11
Committee: LIBE
Amendment 251 #
Proposal for a regulation
Annex IV – point 1 – point ii
(ii) information on online digital euro payment transactions. information linked to an unique digital euro payment account number, including the transaction amount.
2023/12/11
Committee: LIBE
Amendment 254 #
Proposal for a regulation
Annex IV – point 2 – point i
(i) the user aliaa one-time identifier created by the Payment Services Provider allowing the European Central Bank and national central banks to settle the payment without allowing them to directly or indirectly identify individual digital euro users;
2023/12/11
Committee: LIBE
Amendment 257 #
Proposal for a regulation
Annex IV – point 2 – point iv
(iv) the reference to digital euro holdings to credit.deleted
2023/12/11
Committee: LIBE
Amendment 258 #
Proposal for a regulation
Annex IV – point 3
3. For the purpose of point (c) of Article 35(1), processing shall be limited to the data required for counterfeit analysis of offline digital euro payment transactions: information on the local storage device, including the local storage device number.
2023/12/11
Committee: LIBE
Amendment 263 #
Proposal for a regulation
Annex IV – point 4 – point ii
(ii) the user authentication, related to user’s existing digital euro holdings; andeleted
2023/12/11
Committee: LIBE
Amendment 265 #
Proposal for a regulation
Annex IV – point 4 – point iii
(iii) information on digital euro payment accounts, including the unique digital euro payment account number, digital euro holdings of the usdigital euro holdings linked to a specific user identifier, the holding limit selected by the user and the type of digital euro account.
2023/12/11
Committee: LIBE
Amendment 269 #
Proposal for a regulation
Annex V – paragraph 1 – point i
(i) information on digital euro payment accounts, including the unique digital euro account identifierthe user aliases;
2023/12/11
Committee: LIBE
Amendment 271 #
Proposal for a regulation
Annex V – paragraph 1 – point ii
(ii) information on online digital euro payment transactions, including the transaction amount; and
2023/12/11
Committee: LIBE
Amendment 275 #
Proposal for a regulation
Annex V – paragraph 1 – point iii
(iii) the device internet protocol address-range providing information on the transaction session of a digital euro user, including the device internet protocol address-range.
2023/12/11
Committee: LIBE
Amendment 277 #
Proposal for a regulation
Annex V – paragraph 1 a (new)
For the purposes of Article 27(2), processing shall be limited to the data required for the prevention and detection of fraud across payment service providers: (i) ###
2023/12/11
Committee: LIBE