15 Amendments of Michiel HOOGEVEEN related to 2023/0208(COD)
Amendment 26 #
Proposal for a regulation
Recital 5
Recital 5
(5) The acceptance of euro banknotes and coins tendered as means of payment can exceptionally be refused if the refusal is made in good faith, based on legitimate grounds and concrete circumstances, which are beyond the control of the payee, and ifbased on preferential or circumstantial grounds, as well as in cases where the refusal is proportionate. For example, the refusal can be justified if for the settlement of a monetary debt the tendered euro banknote is disproportionate compared to the amount owed to the payee, such as the tendering of a two hundred euro banknote for the settlement of a debt of less than five euro. In accordance with Council Regulation 974/98, except for the issuing authority and for those persons specifically designated by the national legislation of the issuing Member State, no party should be obliged to accept more than 50 coins in any single payment.
Amendment 28 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 32 #
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 groups. 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 situations. 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 shouldmight be taken to remedy the situation, such as through 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 maintainthrough the maintenance of a sufficient density of automated teller machines (ATMs) where they conduct business while 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 40 #
Proposal for a regulation
Recital 8
Recital 8
(8) The Commission should be empowered to adoptmight propose 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. In view of the preparation of such implementing acts, the Commission should consult the European Central BankThe Commission should consult the European Central Bank before proposing implementing acts related to the legal tender of euro banknotes and coins.
Amendment 43 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 45 #
Proposal for a regulation
Recital 10
Recital 10
(10) In accordance with the principle of sincere cooperation, the Commission, the European Central Bank and the designated national competent authorities with the required powers as regards acceptance of payments in cash and access to cash, and over the cash-related market activities of the cash industry should closely collaborate on issues related to acceptance of payments in cash and access to cash. A regular dialogue among these institutions and authorities, based notably on the annual reports of Member States to the Commission and the European Central Bank, should aim at identifying cases of widespread ex ante unilateral exclusions of cash and inadequate access to cash in specific national territories or regions. It would also aim at designing and adopting remedial measures that Member States should adopt as a means to comply with their obligations to ensure acceptance of cashn the interest of citizens' convenience and innovation, possible alternatives to cash might be highlighted in these annual reports, with the Commission and the European Central Bank endeavouring to explore the practical options that best work for the single market at andy sufficient and effective access to cashpecific moment in time.
Amendment 48 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 56 #
Proposal for a regulation
Recital 13
Recital 13
(13) This Regulation ensures full respect for the fundamental right of freedom to conduct a business and the fundamental right of consumer protection enshrined in Article 16 and 38 of the Charter of Fundamental Rights of the European Union respectively. This Regulation concerns the preferred payment method of the currency that has legal tender status, which citizens legitimately may choose to settle their debts. Thus, the proposed measures in this Regulation only concern the way enterprises receive payments. The, which represents an indirect and limited interference with those fundamental rights is therefore indirect and very limited. It is. This might be justified by the general interest objective of ensuring the effectiveness of legal tender, and is proportionate to this objectives long as it remains proportionate and in the interest of the Member States.
Amendment 69 #
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 93 #
Proposal for a regulation
Article 6
Article 6
Amendment 104 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. If a Member State considers that the level of acceptance of payments in cash in their territory or parts thereof undermincircumnavigates 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 124 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. For the purposes of Articles 7 and 8, the Commission shall adopt implementing 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 supply in line with demand throughout their territory, in all their different regions, including urban and non- urban areas. Those implementing 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 implementing acts, the Commission shall consult the European Central Bank.
Amendment 130 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. If a Member State considers that the level of acceptance of payments in cash undermincircumnavigates mandatory acceptance of euro banknotes and coins or that sufficient and effective access to cash is not ensured, it shall indicate in its annual report the remedial measures it commits to take in order to comply with the obligations set out in Articles 7 and 8. The remedial measures shall enter into force without undue delay.
Amendment 142 #
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. A delegated act adopted pursuant to Article 6 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. The Commission shall prepare any implementing acts after consultation with the ECB. That period shall be extended by one month at the initiative of the European Parliament or of the Council.
Amendment 176 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Payees of a monetary debt denominated in euro shall accept payments in euro banknotes and coins according to the provisions of this Regulation, irrespective of whether they accept payments in digital euro in accordance with Regulation [XXX on the establishment of the digital euro]. Where the acceptance of euro banknotes and coins and the digital euro is mandatory in accordance with the provisions of this Regulation and Regulation (XXX on the establishment on the Digital Euro), the payer is entitled to choose the means of payment.