28 Amendments of Billy KELLEHER related to 2023/0208(COD)
Amendment 27 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) There are certain goods and services that all population groups need or have a right to access and therefore should be able to pay for these in cash. Therefore, in cases where the payee is a health care provider or pharmacy, a utilities provider, a retail grocery provider or a public body, cash should not be refused. Member States might extend this list of entities. Member States might, however, choose to permit micro enterprises falling within these categories of payee to nonetheless refuse to accept cash for reasons of proportionality.
Amendment 35 #
Proposal for a regulation
Recital 7
Recital 7
(7) With a view to an effective implementation of their obligation to ensure sufficient and effective access to cash, Member States should regularly monitor the level of access to cash 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. Common indicators could include factors that affect access to cash, such as density of cash access points in relation to population, withdrawal and deposit conditions, including fees, the existence of different networks with different access modalities for customers, urban-rural and socio- economic variations, and access difficulties for certain population groupsand the risk of financial exclusion of certain population groups. In addition to the social and geographical considerations, Member States should also consider the sustainability of the cash cycle. If in the light of their assessment access to cash is deemed sufficient and effective 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 access to cash is not sufficient and effective in all or part of its territory, or is at risk of deteriorating in the absence of action, appropriate remedial measures should be taken to remedy the situation, such as geographic access requirements on payment service providers providing cash withdrawal services to maintain cash services at a sufficient number of their branch offices where they conduct business, or through an appointed agent for online only credit institutions, or maintain a sufficient density of automated teller machines (ATMs) where they conduct business taking into account a good geographic spread in relation to population, also taking into account possible pooling of ATMs. Other remedial measures could include recommendations addressed to non-credit institutions, such as independent ATM operators, retailers or post offices, encouraging to complement the cash services of banks.
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 41 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Commission should be empowered to adopt implementing acts on a set of common indicators of general application in the euro area, which would allow the Member States to effectively 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. The common indicators for determining the factors affecting access to cash should be developed in a transparent and equitable manner and the indicators should be made public. In view of the preparation of such implementing acts, the Commission should consult the European Central Bank.
Amendment 59 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation 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 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 66 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 a (new)
Article 3 – paragraph 1 – point 8 a (new)
8a. ‘provider of utilities’ means a provider of an essential good or service including energy, water or telecommunications;
Amendment 67 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 b (new)
Article 3 – paragraph 1 – point 8 b (new)
8b. ‘retail grocery provider’ means an enterprise that has as its primary economic activity the provision of everyday foodstuffs on a retail basis, excluding catering services and the provision of hot food;
Amendment 68 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8 c (new)
Article 3 – paragraph 1 – point 8 c (new)
8c. ‘microenterprise’ means an enterprise as defined in Article 2 point (3) of the Annex to Commission Recommendation 2003/361 concerning the definition of micro, small and medium-sized enterprises;
Amendment 72 #
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, including by way of unilateral ex ante exclusion by 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 82 #
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 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 86 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Paragraph 1 shall not apply in cases where the payee is: (i) a healthcare provider or pharmacy; (ii) a public body; or (iii) a provider of utilities; In addition, paragraph 1(b) shall not apply in cases where the payee is a retail grocery provider.
Amendment 87 #
Proposal for a regulation
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Member States may extend the list of payees to which paragraph 2a applies.
Amendment 88 #
Proposal for a regulation
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
2c. By way of derogation from paragraph 2a, Member States may decide to permit payees that are micro enterprises falling within the scope of paragraph 2a to avail of the exceptions set out in paragraph 1 for reasons of proportionality.
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 126 #
Proposal for a regulation
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. The Commission shall prepare these implementing acts in a transparent and equitable manner. The Commission and Member States shall make the common indicators public and easily accessible.
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.
Amendment 133 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Any further evolution of the cash infrastructure in a Member State as a result of a Member State’s assessment shall be managed in a fair, orderly, transparent and equitable manner for all stakeholders.