21 Amendments of Gilles BOYER related to 2023/0208(COD)
Amendment 38 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Any further evolution of the cash infrastructure in a Member State, as a result of a Member State’s assessment, should be managed in a fair, orderly, transparent and equitable manner for all stakeholders.
Amendment 39 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 52 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 60 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 62 #
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 stipulating in a pre-formulated, non- negotiable, standard form contract. In this case, the payer and payee do not freely agree to a means of payment for a purchase;
Amendment 70 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point a
Article 5 – paragraph 1 – subparagraph 1 – point a
(a) where a refusal is made in good faith and where such refusal is based on legitimate and temporary grounds in line with the principle of proportionality in view of concrete circumstances beyond the control of the payee;
Amendment 76 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 (new) – point b a (new)
Article 5 – paragraph 1 – subparagraph 1 (new) – point b a (new)
(ba) in accordance with Article 11 of Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro, where the payer tenders more than 50 coins in any single payment, except if the payee is the issuing authority or those persons specifically designated by the national legislation of the issuing Member State;
Amendment 77 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b b (new)
Article 5 – paragraph 1 – subparagraph 1 – point b b (new)
(bb) where, prior to the payment, the payee realizes that the characteristics of the banknotes or coins tendered by the payer do not comply with current Union law or that those banknotes or coins are not fit for circulation according to Union law;
Amendment 78 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1 – point b c (new)
Article 5 – paragraph 1 – subparagraph 1 – point b c (new)
(bc) where the payer refuses to top up
Amendment 79 #
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
For the purposes of point (a), the burden of proof to establish that such legitimate and temporary grounds existed in a particular case and that the refusal was proportionate shall be on the payee.
Amendment 84 #
Proposal for a regulation
Article 5 – paragraph 2 – point ii a (new)
Article 5 – paragraph 2 – point ii a (new)
(iia) In exceptional cases, if the acceptance of cash payments present significant security risks.
Amendment 85 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Article 4 is without prejudice to actions taken by the payer or the payee in order to comply with Union law on the prevention of money laundering and terrorist financing.
Amendment 91 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Prohibition of unilateral exclusions of payments in 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 which 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 95 #
Proposal for a regulation
Article 6
Article 6
Amendment 99 #
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 the acceptance of payments in cash and the level 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 Commissiondrafted in accordance with Article 9(2) and shall assess the situation.
Amendment 105 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. If a Member State considers on the basis of their monitoring and assessment, that the level of acceptance of payments in cash in their territory or parts thereof 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 109 #
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 Commissiondrafted in accordance with article 9(2) and shall assess the situation.
Amendment 117 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. If a Member State considers, on the basis of their monitoring and assessment, that sufficient and effective access to cash is not ensured, it shall set out the remedial measures it commits to take in accordance with Article 9(4).
Amendment 120 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. For the purposes of Articles 7 and 8, the ECB and the Commission shall adopt implementing acts of general application onjointly adopt guidelines to define a set of common indicators to be used by 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 implementing actguidelines shall be adoptpublished [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 implementing acts, the Commission shall consult the European Central Bank.
Amendment 125 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. For the purposes of Articles 7 and 8, a Member State may use in its annual report, in addition to common indicators, specific indicators in order to present more detailed information on the specificities of its territory, regions and urban areas. These specific indicators shall allow for a common approach to the assessment and comparability of data.
Amendment 127 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The designated national competent authorities shall notifyreport on the results of their monitoring and assessment of the situation as regards the levels of acceptance of payments in cash and access to cash, giving grounds and data for their assessment, in an annual report to be addressed to the Commission and the European Central Bank as referred to in Article 13.