{"change_dates":[],"dossier":{"amendments":[{"authors":"Ivari Padar","changes":{},"committee":["ECON"],"date":"2011-01-27T00:00:00","id":"PE456.920-11","location":[["Proposal for a regulation","Article 24 \u2013 paragraph 1"]],"meps":[97025],"meta":{"created":"2019-07-03T05:20:32"},"new":["CIT-staff carrying out cross-border","transport within the meaning of the present","Regulation shall be guaranteed the relevant","minimum rates of pay, including overtime","rates in the host Member State in analogy","with the provisions laid down in Article","3(1)(c) of Directive 96/71/EC, and any","other statutory or contractual or extra-","contractual benefits, including but not","limited to risk premiums in force in the","host Member State. If a collective labour","agreement is in force in the host Member","State, that agreement shall apply. If the","relevant minimum rates of pay in the host","Member State are higher than the wage","paid to the employee in the Member State","of origin, the relevant minimum rates of","pay, including overtime rates and any","other statutory or contractual or extra-","contractual benefits including but not","limited to risk premiums, of the host","Member State shall apply for the whole","working day. If a collective labour","agreement is in force in the host Member","State, that agreement shall apply. If","transport is carried out in several host","Member States during a day and more than","one of these have higher relevant minimum","rates of pay than the wage applied in the","Member State of origin, the highest of","those minimum rates of pay, including","overtime rates and any other statutory or","contractual or extra-contractual benefits","including but not limited to risk","premiums, shall apply for the whole","working day. If a collective labour","agreement in force in the host Member","State provides for the highest minimum","rates of pay, including overtime rates and","any other statutory or contractual or","extra-contractual benefits including but","not limited to risk premiums, that","agreement shall apply."],"old":["CIT-staff carrying out cross-border","transport within the meaning of the present","Regulation shall be guaranteed the relevant","minimum rates of pay, including overtime","rates, in the host Member State in analogy","with the provisions laid down in Article","3(1)(c) of Directive 96/71/EC. If the","relevant minimum rates of pay in the host","Member State are higher than the wage","paid to the employee in the Member State","of origin, the relevant minimum rates of","pay, including overtime rates, of the host","Member State shall apply for the whole","working day. If transport is carried out in","several host Member States during a day","and more than one of these have higher","relevant minimum rates of pay than the","wage applied in the Member State of","origin, the highest of those minimum rates","of pay, including overtime rates, shall","apply for the whole working day.",""],"orig_lang":"en","peid":"PE456.920v01-00","reference":"2010/0204(COD)","seq":"11","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-456.920+01+DOC+PDF+V0//EN&language=EN"}],"changes":{"2014-11-09T23:58:19":[{"data":[{"body":"EC","commission":[{"Commissioner":"REHN Olli","DG":{"title":"Economic and Financial Affairs","url":"http://ec.europa.eu/dgs/economy_finance/index_en.htm"}}],"date":"2010-07-14T00:00:00","docs":[{"celexid":"CELEX:52010PC0377:EN","text":["
PURPOSE: to allow professional cross-border transportation of euro\n cash by road between participating Member States under conditions that\n guarantee the security of the transaction, the safety of the staff involved\n and of the public and the free movement of currency.
PROPOSED ACT: Regulation\n of the European Parliament and of the Council.
BACKGROUND:\n the introduction of the euro has considerably increased the need for\n cross-border transportation of cash by road. However, due to\n incompatibilities between national legislations it is in most cases very difficult\n for professional cash transporters to move euro cash between euro-area Member\n States and very little cross-border land transportation therefore takes\n place. Regulatory differences concern a wide range of issues such as the\n possession and carrying of firearms by the cash-in-transit (CIT) staff,\n authorised transport modalities, armouring and equipment of the CIT-vehicles,\n number of staff in the vehicles etc. The current regulatory obstacles moreover\n imply a fragmentation of the single market in this sector.
The European\n Central Bank, the banking sector and the large retail sector have repeatedly called\n for the launch of an initiative aimed at lifting the obstacles to the\n professional cross border transportation by road of euro cash in Europe.
On this basis,\n the Commission adopted a White\n Paper on professional cross-border transportation of euro cash by road\n between Member States in the euro area in May 2009.
IMPACT\n ASSESSMENT: five broad options were considered:
The detailed\n analysis of impacts concerns option 3: a set of common rules for\n cross-border transport. This option would meet the objective of facilitating\n the free circulation of euro cash. Since it is limited to cross-border\n transports it would furthermore not go beyond what is necessary to achieve\n the objectives.
Three sub-options are moreover considered: (i) extending the scope of the rules to\n EU Member States outside the current euro area; (ii) extending the scope to\n other cash and valuables; and (iii) restricting the scope to point-to-point\n transports only.
As regards the\n sub-options, it is concluded that the common rules should apply also to the territory\n of EU Member States that are about to introduce the euro as from the date of\n the decision of the Council to abrogate their derogation from participating\n in the euro.
LEGAL BASIS: Article\n 133 of the Treaty on the Functioning of the European Union (TFEU). Action\n at EU level brings important economies of scale as compared to bilateral or\n multilateral action.
CONTENT: the\n proposed Regulation lays down a set of common rules for the\n professional cross-border transport of euro cash within the euro area. It is\n based on the principle of a specific cross-border CIT-licence which\n would be granted by the Member State of origin to CIT-companies whishing to\n transport euro cash across borders. Seven different authorised transport\n types are foreseen – five for the transport of banknotes and two for the\n transport of coins – with possibilities for Member Sates to opt out from\n specific options for their territory.
In terms of\n scope, the following elements are noteworthy:
The CIT\n cross-border licence: CIT-companies\n whishing to undertake cross-border transport of cash under the terms of the Regulation\n must apply for a specific licence from the granting authority of their Member\n State of origin. To obtain the licence, the company, its management and its\n staff will have to meet a certain number of conditions laid down in the\n Regulation. In case of infringement of the rules, the sanctioning power\n belongs to the authority that granted the licence, i.e. the authority of the Member\n State of origin. However, safeguarding powers are granted to the Member State\n crossed or the host Member State in case of emergency or manifest breaches of\n the rules (e.g. minimum number of staff not respected, infringement of the\n rules on the carrying of weapons etc). Member States furthermore have a duty\n of mutual information on all these aspects.
Authorised\n transport types
For banknotes, the following five\n transport types would be authorised for the cross-border transport of cash:
For\n coins, the following two transport types are\n foreseen:
In all cases, there must be at least two security staff in the\n vehicle, except for transport in a fully-armoured vehicle without IBNS where\n three security staff are required. Member States may choose to close down the\n use of certain options for their territory as long as they accept at least\n one of the above-listed options for banknotes and one of the above-listed options\n for coins and as long as they do not allow comparable transport modalities\n for domestic CIT-transports.
Application\n of national rules: in particularly sensitive\n areas from the point of view of security, national rules would continue to\n apply. These areas concern the carrying and use of weapons, the relationship\n with the police forces and the rules governing the behaviour of the CIT\n security staff outside the CIT-vehicle as well as the security of the\n locations where the cash is delivered or picked up.
BUDGETARY\n IMPLICATION: the proposal has no negative impact on the EU budget.
\nThe Committee on\n Economic and Monetary Affairs adopted the report by Sophie AUCONIE (EPP, FR) on\n the proposal for a regulation of the European Parliament and of the Council on\n the professional cross-border transportation of euro cash by road between euro-area\n Member States.
It recommended that the European\n Parliament’s position at first reading under the ordinary\n legislative procedure should be to amend the Commission\n proposal as follows:
National\n authorisation for certain types of cash transportation:inrelation to the\n cross-border transportation of euro notes by road on its territory, each\n Member State shall authorise:
(a) at least one of\n the options set out amongst five modes of transport of notes and tow modes of\n transport for coins presented in the Regulation;
(b) those options set\n out in the Regulation for the transport of notes and coins which are\n comparable to the transport modalities authorised for national cash\n transportation.
Transport operations involving both coins\n and notes shall be covered by the modalities for the cross-border transportation\n of notes.
As regards the transport of notes, a\n Member State may decide that only end-to-end IBNS may be used on its\n territory for the servicing of off-premises ATMs, provided that the same\n rules apply for domestic CIT transports.
The Member States\n shall notify the Commission of the transport modalities applied in accordance\n with this Article. The Commission shall publish an information notice\n accordingly in the Official Journal of the European Union. The transport\n modalities applicable shall take effect one month after publication of the\n information notice.
It should be noted\n that Members suggest deleting Article 20 of the proposal concerning national\n delegations.
Adequate level of\n experience:Members consider that, in order to do\n cross-border work, companies must have an adequate minimum level of\n experience. Thus, it is appropriate that CIT-companies established in these\n Member States should demonstrate a minimum experience of 24 months of\n regularly transporting cash in the Member State where they are established\n without infringements of the national legislation before they may be granted\n a cross-border licence by this Member State.
Mutual information: Member States shall inform the Commission\n of the content of the register of all the companies to which they have delivered\n a CIT cross-border licence. A company holding a CIT\n cross-border licence shall inform the granting authority, at least three\n months before it begins its cross-border activity, about the Member States(s)\n in which it will carry out CIT-transport.
Security:\n with a view to improving CIT security both for the staff involved and for the\n public, use of the intelligent banknote neutralisation system (IBNS)\n should be encouraged and, after a thorough impact assessment by the\n Commission, should be capable of being developed in a manner entailing\n harmonisation of IBNS among the participating Member States.
Report:\n the Commission shall report to the European Parliament and the Council on the\n implementation of this Regulation four years (as opposed to two years)\n after its entry into effect at the latest and, thereafter, once every five\n years. The report should also consider the potential added value of granting\n European CIT licences on a group basis.
Delegated acts: the European Parliament and the Council may object to the\n delegated act within a period of 3 months from the date of notification. At\n the initiative of the European Parliament or the Council this period shall be\n extended by three months.
The Commission shall consult the social\n partners before adopting delegated acts.
\nThe European Parliament adopted by 634 votes\n to 23 with 8 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of\n the Council on the professional cross-border transportation of euro cash by\n road between euro-area Member States.
Parliament adopted its position in first\n reading in accordance with the ordinary legislative procedure. The amendments\n adopted in plenary are the result of a compromise negotiated between\n Parliament and Council. The Commission’s proposal was\n amended as follows:
Subject matter: the text clarifies that the Regulation is designed to\n allow the professional cross-border transport of euro\n cash by road between participating Member States under conditions that\n guarantee the security of the transaction, the safety of the CIT\n security staff involved and of the public and the free movement\n of euro cash. In accordance with normal market practice, allows a\n limited value of non-euro cash to be transported in the same CIT vehicle.
Exclusions: the transport of euro banknotes and coins shall be\n excluded from the scope of the Regulation where it is(i) a) carried out on\n the account of, and between, NCBs, or between banknote printing\n works and/or mints of participating Member States and the relevant NCBs;\n and b) escorted by the military or the police.
Place of departure, maximum duration\n and number of euro cash deliveries/pick-ups: by derogation from the Regulation, point-to-point transport may\n be carried out within a time-slot of 24 hours, provided\n that night-time transport of euro cash is allowed under\n national rules of the Member State of origin, of the Member State of transit and of the host Member State. By way of derogation from Regulation (EC) No 1072/2009, there shall be no limit to the\n number of euro cash deliveries/pick-ups that a CIT vehicle may\n carry out in a host Member State during the same day.
Cross-border CIT licence: CIT companies established in those\n participating Member States which do not have a specific approval\n procedure for CIT-companies in addition to their general rules for the\n security or transport sectors must demonstrate a minimum experience\n of 24 months of regularly transporting cash in the Member\n State of establishment without\n infringing national law before they are granted a\n cross-border CIT licence by that Member\n State. Such an approach would increase mutual confidence\n between Member States. It must also have a valid civil liability\n insurance to cover at least third-party damage to life and property,\n regardless of whether the cash transported is insured thereunder.
The cross-border CIT licence\n shall be drawn up in accordance with the model and the physical\n characteristics defined in Annex I .
Training:\n the minimum requirements of initial training for CIT security staff that\n carry out cross-border euro cash transport are set out in Annexe VI. CIT\n security staff shall follow further training activities in the\n areas set out in point 3 of Annex VI, at least every three\n years.
At least one member of the CIT security\n staff in the CIT vehicle shall have at least A1-level language\n skills in the languages used by the local authorities and the\n population in the relevant areas of the Member State of transit and of the host Member State.
The CIT vehicle shall,\n furthermore, be in constant radio contact, via the CIT company's control\n centre, with someone who has at least B1-level language skills in\n the languages used by the local authorities and the population in the\n relevant areas of the Member State of transit and of the host Member\n State, so as to ensure that effective communication with the national\n authorities is possible at all times.
Carrying of weapons: CIT security staff shall comply with the law of the Member State of origin, of the Member State of transit and of the host Member State as regards the carrying of weapons and the maximum permitted\n calibre. CIT security staff who are armed or who travel in a\n CIT vehicle with arms on board shall (i) have a\n professional weapons licence or authorisation issued by the\n national authorities of the Member State of transit and/or the host\n Member State, where those Member States allow CIT security staff to be armed,\n and (ii) fulfil all the national requirements for that professional weapons\n licence or authorisation. For that purpose, Member States may recognise\n the professional weapons licence or authorisation of the other Member State .
Member States shall establish a\n single central national contact point to which CIT companies\n established in other Member States may submit applications for\n a professional weapons licence or authorisation for their CIT\n security staff.
Removal of neutralised banknotes from\n circulation: CIT companies operating under this\n Regulation shall remove from circulation all banknotes that\n may have been neutralised that they encounter while carrying out their\n activities. They shall hand over those banknotes to the\n appropriate NCB branch of their Member State of origin and\n provide a written statement on the cause and nature of the neutralisation.
Mutual information: Member States shall keep a register of all the companies to which\n they have delivered a cross-border CIT licence and shall\n inform the Commission about its content. To facilitate\n information-sharing, the Commission shall set up a central secured database\n containing data on licences issued, suspended or withdrawn, which shall be\n accessible to the relevant authorities of the participating Member States.
A company holding or having\n submitted an application for a cross-border CIT licence shall\n inform the granting authority at least two months before it begins its\n cross-border activity of the Member States in which it will\n carry out CIT transport. The Member State of origin shall subsequently\n immediately notify the Member States concerned that the cross-border activity\n is to start.
Applicable transport arrangements: with respect to the cross-border transport of euro banknotes by\n road carried out on its territory, each Member State shall allow:
Transport which includes both euro\n banknotes and coins shall be covered by the transport arrangements for the\n cross-border transport of euro banknotes.
Regarding the transport of banknotes, a Member State may decide that only end-to-end IBNS may be used on its territory for the\n servicing of off-premises ATMs or other types of off-premises cash\n dispensers, provided that the same rules apply for domestic CIT transport.
Participating Member States shall notify\n the Commission of the transport arrangements which are applicable. The\n Commission shall publish a corresponding information notice in the Official\n Journal of the European Union. The applicable transport arrangements shall\n take effect one month after publication of the information notice.
If a host Member State or a Member State\n of transit finds that an IBNS displays serious deficiencies as regards the\n technical characteristics normally required, namely that the cash can be\n accessed without triggering the neutralisation mechanism or the IBNS has been\n modified after homologation in such a way that it no longer fulfils the\n homologation criteria, it shall inform the Commission and the Member State\n that granted the homologation and may ask that new tests be carried out on\n that IBNS.
Pending the results of those new tests,\n Member States may provisionally prohibit the use of those IBNS on their\n territory. They shall, without delay, inform the Commission and the other\n participating Member States thereof.
In the case of a\n cabin-armoured CIT vehicle equipped with IBNS, or a\n fully-armoured CIT vehicle not equipped with IBNS, the cabin of the\n vehicle is equipped with a bullet-proof vest for each member of the\n CIT security staff on board. The CIT security staff may wear the bullet-proof\n vests referred to in point (c) during the transport and shall wear them where\n required by the law of the Member State where they are situated.
Compliance: during the period of validity of a cross-border CIT\n licence, Member States of origin shall ensure that the rules laid down\n in the Regulation are complied with, including via random inspections\n without prior notification to the company. Such inspections may also be\n carried out by host Member States.
Security:\n with a view to improving CIT security both for the staff involved and for the\n public, use of the intelligent banknote neutralisation system (IBNS)\n should be encouraged and, after a thorough impact assessment by the\n Commission, should be capable of being developed in a manner entailing\n harmonisation of IBNS among the participating Member States.
Review:\n four years after the entry into force of the Regulation, the Commission shall\n on the implementation of the Regulation, having consulted the\n stakeholders in the sector including the social partners followed by the\n Member States. The report shall, in particular, (i) examine the\n possibility of establishing common training requirements for the carrying of\n arms by CIT security staff and of amending Article 24 in the light of\n Directive 96/71/EC, take due account of technological progress in the\n area of IBNS, and (ii) consider the potential added value of granting\n Union CIT licences on a group basis and assess whether this Regulation\n needs to be revised accordingly.
Delegated acts: the Commission is empowered to adopt acts in accordance with\n Article 290 of the Treaty on the Functioning of the European Union (TFEU) in\n respect of the amendment of the technical rules on standards in regard to the\n IBNS, the armouring of CIT vehicles, bullet-proof vests and weapons\n strong-boxes.
\nPURPOSE: to facilitate the professional cross-border\ntransport of euro cash by road between euro-area Member\nStates
\n\nCONTENT: following agreement in first reading with the\nEuropean Parliament, the Council adopted a regulation aimed at\nfacilitating the professional cross-border transport of euro cash\nby road between the Member States of the euro zone.
\nThe new Regulation provides for conditions designed to\nguarantee the security of the transaction, the safety of the\ncash-in-transit (CIT) security staff involved and of the public and\nthe free movement of euro cash. This includes the obligation for\ncompanies wishing to make cross-border transport of euro cash by\nroad to apply for a cross-border cash-in-transit (CIT) licence from\ntheir Member States of origin.
\nPlace of departure, maximum duration and number of\neuro cash deliveries/pick-ups: cross-border transport of euro cash provided in\naccordance with this Regulation shall be carried out during the\ndaytime. A CIT vehicle carrying out cross-border transport of euro\ncash shall start its journey from its Member State of origin and\nshall return to it on the same day.
\nBy derogation, point-to-point transport may be carried\nout within a time-slot of 24 hours, provided that night-time\ntransport of euro cash is allowed under national rules of the\nMember State of origin, of the Member State of transit and of the\nhost Member State.
\nCross-border CIT licence: a company wishing to undertake cross-border\ntransport of euro cash by road shall apply for a cross-border CIT\nlicence from the granting authority in its Member State of origin.\nThe cross-border CIT licence shall be granted for a period of 5\nyears by the national granting authority, provided that the\napplicant company meets certain conditions. Amongst other things,\nthe applicant company must have a valid civil liability\ninsurance to cover at least third- party damage to life and\nproperty, regardless of whether the cash transported is insured\nthereunder.
\nApplicant companies established in a Member State\nwhich has no specific approval procedure for CIT companies in\naddition to its general rules for the security or transport sector,\nmust be able to provide evidence that it has had regular\nbusiness transporting cash for at least 24 months within its\nMember State of origin prior to the application with no\ninfringements of that Member States national law\ngoverning such activities.
\nCIT security staff:\nstaff must: (i) not have a relevant entry in a criminal record and\nare of good repute and integrity according to, for instance,\nrelevant police records; (ii) have a medical certificate certifying\nthat their physical and mental health is adequate for the task to\nbe performed; (iii) have successfully followed at least 200\nhours of ad hoc initial training, not including any training on\nthe use of firearms.
\nThe minimum requirements for the ad hoc initial\ntraining are set out in Annex VI.
\nAt least one member of the CIT security staff in the\nCIT vehicle shall have at least A1-level language skills in the\nlanguages used by the local authorities and the population in the\nrelevant areas of the Member State of transit and of the host\nMember State.
\nCarrying of weapons: CIT security staff shall comply with\nthe law of the Member State of origin, of the\nMember State of transit and of the host\nMember State as regards the carrying of weapons and\nthe maximum permitted calibre. CIT security staff who\nare armed or who travel in a CIT vehicle with arms on\nboard shall have a professional weapons\nlicence or authorisation issued by the national\nauthorities of the Member State of transit and/or the\nhost Member State, where those Member States allow CIT security\nstaff to be armed.
\nIn the case of a cabin-armoured CIT vehicle\nequipped with IBNS, or a fully-armoured CIT vehicle not\nequipped with IBNS, the cabin of the vehicle is equipped with\na bullet-proof vest for each member of the CIT security\nstaff on board. The CIT security staff may wear the bullet-proof\nvests during the transport and shall wear them where required\nby the law of the Member State where they are situated.
\nSecurity: with a view to\nimproving CIT security for both the CIT security staff involved and\nthe public, use of the intelligent banknote neutralisation\nsystem (IBNS) should be encouraged and, after a thorough\nanalysis of the potential impacts by the Commission, should be\ncapable of being developed in a manner entailing harmonisation of\nIBNS among the participating Member States, without prejudice to\nthe rules set out in this Regulation on applicable transport\narrangements.
\nA Member State may decide to introduce temporary\nsecurity measures going beyond those provided for in this\nRegulation in the event of an urgent problem affecting\nsignificantly the security of CIT operations.
\nMutual information: Member States shall submit to the\nCommission the rules as well as information on which IBNS have been\nhomologated by them and must keep a register of all the companies\nto which they have delivered a cross-border CIT licence\nand shall inform the Commission about its content. To\nfacilitate information-sharing, the Commission shall set up a\ncentral secured database containing data on licences issued,\nsuspended or withdrawn, which shall be accessible to the relevant\nauthorities of the participating Member States.
\nCompliance: during the period of validity of a\ncross-border CIT licence, Member States of origin shall ensure that\nthe rules laid down in this Regulation are complied with, including\nvia random inspections without prior notification to the company.\nSuch inspections may also be carried out by host Member\nStates.
\nRemuneration of CIT security staff carrying out\ncross-border transport: CIT security\nstaff carrying out cross-border transport in accordance with this\nRegulation shall be guaranteed the relevant minimum rates of pay,\nincluding overtime rates, in the host Member State in accordance\nwith Directive 96/71/EC.
\nReview: by 1 December\n2016 and every 5 years thereafter, the Commission shall report to\nthe European Parliament and to the Council on the implementation of\nthis Regulation. For that purpose, it shall consult the\nstakeholders in the sector including the social partners followed\nby the Member States.
\nENTRY INTO FORCE: 29/11/2012.
\nDELEGATED ACTS: the Commission shall be empowered to\nadopt delegated acts concerning amendments to Annex II and to the\ntechnical rules on the standards applicable to the armouring of CIT\nvehicles and to bulletproof vests and to weapons strong-boxes, with\na view to taking into account technological progress and possible\nnew European standards.
\nThe power to adopt delegated acts is conferred on the\nCommission for an indeterminate period of time from 30 November\n2012. The delegation of power may be revoked at any time by the\nEuropean Parliament or by the Council. A delegated act shall enter\ninto force only if no objection has been expressed either by the\nEuropean Parliament or by the Council within a period of 3 months\nof notification of that act (which may be extended by 3 months at\nthe initiative of the European Parliament or of the\nCouncil.
\nPURPOSE: to allow professional cross-border transportation of euro\n cash by road between participating Member States under conditions that\n guarantee the security of the transaction, the safety of the staff involved\n and of the public and the free movement of currency.
PROPOSED ACT: Regulation\n of the European Parliament and of the Council.
BACKGROUND:\n the introduction of the euro has considerably increased the need for\n cross-border transportation of cash by road. However, due to\n incompatibilities between national legislations it is in most cases very difficult\n for professional cash transporters to move euro cash between euro-area Member\n States and very little cross-border land transportation therefore takes\n place. Regulatory differences concern a wide range of issues such as the\n possession and carrying of firearms by the cash-in-transit (CIT) staff,\n authorised transport modalities, armouring and equipment of the CIT-vehicles,\n number of staff in the vehicles etc. The current regulatory obstacles moreover\n imply a fragmentation of the single market in this sector.
The European\n Central Bank, the banking sector and the large retail sector have repeatedly called\n for the launch of an initiative aimed at lifting the obstacles to the\n professional cross border transportation by road of euro cash in Europe.
On this basis,\n the Commission adopted a White\n Paper on professional cross-border transportation of euro cash by road\n between Member States in the euro area in May 2009.
IMPACT\n ASSESSMENT: five broad options were considered:
The detailed\n analysis of impacts concerns option 3: a set of common rules for\n cross-border transport. This option would meet the objective of facilitating\n the free circulation of euro cash. Since it is limited to cross-border\n transports it would furthermore not go beyond what is necessary to achieve\n the objectives.
Three sub-options are moreover considered: (i) extending the scope of the rules to\n EU Member States outside the current euro area; (ii) extending the scope to\n other cash and valuables; and (iii) restricting the scope to point-to-point\n transports only.
As regards the\n sub-options, it is concluded that the common rules should apply also to the territory\n of EU Member States that are about to introduce the euro as from the date of\n the decision of the Council to abrogate their derogation from participating\n in the euro.
LEGAL BASIS: Article\n 133 of the Treaty on the Functioning of the European Union (TFEU). Action\n at EU level brings important economies of scale as compared to bilateral or\n multilateral action.
CONTENT: the\n proposed Regulation lays down a set of common rules for the\n professional cross-border transport of euro cash within the euro area. It is\n based on the principle of a specific cross-border CIT-licence which\n would be granted by the Member State of origin to CIT-companies whishing to\n transport euro cash across borders. Seven different authorised transport\n types are foreseen – five for the transport of banknotes and two for the\n transport of coins – with possibilities for Member Sates to opt out from\n specific options for their territory.
In terms of\n scope, the following elements are noteworthy:
The CIT\n cross-border licence: CIT-companies\n whishing to undertake cross-border transport of cash under the terms of the Regulation\n must apply for a specific licence from the granting authority of their Member\n State of origin. To obtain the licence, the company, its management and its\n staff will have to meet a certain number of conditions laid down in the\n Regulation. In case of infringement of the rules, the sanctioning power\n belongs to the authority that granted the licence, i.e. the authority of the Member\n State of origin. However, safeguarding powers are granted to the Member State\n crossed or the host Member State in case of emergency or manifest breaches of\n the rules (e.g. minimum number of staff not respected, infringement of the\n rules on the carrying of weapons etc). Member States furthermore have a duty\n of mutual information on all these aspects.
Authorised\n transport types
For banknotes, the following five\n transport types would be authorised for the cross-border transport of cash:
For\n coins, the following two transport types are\n foreseen:
In all cases, there must be at least two security staff in the\n vehicle, except for transport in a fully-armoured vehicle without IBNS where\n three security staff are required. Member States may choose to close down the\n use of certain options for their territory as long as they accept at least\n one of the above-listed options for banknotes and one of the above-listed options\n for coins and as long as they do not allow comparable transport modalities\n for domestic CIT-transports.
Application\n of national rules: in particularly sensitive\n areas from the point of view of security, national rules would continue to\n apply. These areas concern the carrying and use of weapons, the relationship\n with the police forces and the rules governing the behaviour of the CIT\n security staff outside the CIT-vehicle as well as the security of the\n locations where the cash is delivered or picked up.
BUDGETARY\n IMPLICATION: the proposal has no negative impact on the EU budget.
\nThe Committee on\n Economic and Monetary Affairs adopted the report by Sophie AUCONIE (EPP, FR) on\n the proposal for a regulation of the European Parliament and of the Council on\n the professional cross-border transportation of euro cash by road between euro-area\n Member States.
It recommended that the European\n Parliament’s position at first reading under the ordinary\n legislative procedure should be to amend the Commission\n proposal as follows:
National\n authorisation for certain types of cash transportation:inrelation to the\n cross-border transportation of euro notes by road on its territory, each\n Member State shall authorise:
(a) at least one of\n the options set out amongst five modes of transport of notes and tow modes of\n transport for coins presented in the Regulation;
(b) those options set\n out in the Regulation for the transport of notes and coins which are\n comparable to the transport modalities authorised for national cash\n transportation.
Transport operations involving both coins\n and notes shall be covered by the modalities for the cross-border transportation\n of notes.
As regards the transport of notes, a\n Member State may decide that only end-to-end IBNS may be used on its\n territory for the servicing of off-premises ATMs, provided that the same\n rules apply for domestic CIT transports.
The Member States\n shall notify the Commission of the transport modalities applied in accordance\n with this Article. The Commission shall publish an information notice\n accordingly in the Official Journal of the European Union. The transport\n modalities applicable shall take effect one month after publication of the\n information notice.
It should be noted\n that Members suggest deleting Article 20 of the proposal concerning national\n delegations.
Adequate level of\n experience:Members consider that, in order to do\n cross-border work, companies must have an adequate minimum level of\n experience. Thus, it is appropriate that CIT-companies established in these\n Member States should demonstrate a minimum experience of 24 months of\n regularly transporting cash in the Member State where they are established\n without infringements of the national legislation before they may be granted\n a cross-border licence by this Member State.
Mutual information: Member States shall inform the Commission\n of the content of the register of all the companies to which they have delivered\n a CIT cross-border licence. A company holding a CIT\n cross-border licence shall inform the granting authority, at least three\n months before it begins its cross-border activity, about the Member States(s)\n in which it will carry out CIT-transport.
Security:\n with a view to improving CIT security both for the staff involved and for the\n public, use of the intelligent banknote neutralisation system (IBNS)\n should be encouraged and, after a thorough impact assessment by the\n Commission, should be capable of being developed in a manner entailing\n harmonisation of IBNS among the participating Member States.
Report:\n the Commission shall report to the European Parliament and the Council on the\n implementation of this Regulation four years (as opposed to two years)\n after its entry into effect at the latest and, thereafter, once every five\n years. The report should also consider the potential added value of granting\n European CIT licences on a group basis.
Delegated acts: the European Parliament and the Council may object to the\n delegated act within a period of 3 months from the date of notification. At\n the initiative of the European Parliament or the Council this period shall be\n extended by three months.
The Commission shall consult the social\n partners before adopting delegated acts.
\nThe European Parliament adopted by 634 votes\n to 23 with 8 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of\n the Council on the professional cross-border transportation of euro cash by\n road between euro-area Member States.
Parliament adopted its position in first\n reading in accordance with the ordinary legislative procedure. The amendments\n adopted in plenary are the result of a compromise negotiated between\n Parliament and Council. The Commission’s proposal was\n amended as follows:
Subject matter: the text clarifies that the Regulation is designed to\n allow the professional cross-border transport of euro\n cash by road between participating Member States under conditions that\n guarantee the security of the transaction, the safety of the CIT\n security staff involved and of the public and the free movement\n of euro cash. In accordance with normal market practice, allows a\n limited value of non-euro cash to be transported in the same CIT vehicle.
Exclusions: the transport of euro banknotes and coins shall be\n excluded from the scope of the Regulation where it is(i) a) carried out on\n the account of, and between, NCBs, or between banknote printing\n works and/or mints of participating Member States and the relevant NCBs;\n and b) escorted by the military or the police.
Place of departure, maximum duration\n and number of euro cash deliveries/pick-ups: by derogation from the Regulation, point-to-point transport may\n be carried out within a time-slot of 24 hours, provided\n that night-time transport of euro cash is allowed under\n national rules of the Member State of origin, of the Member State of transit and of the host Member State. By way of derogation from Regulation (EC) No 1072/2009, there shall be no limit to the\n number of euro cash deliveries/pick-ups that a CIT vehicle may\n carry out in a host Member State during the same day.
Cross-border CIT licence: CIT companies established in those\n participating Member States which do not have a specific approval\n procedure for CIT-companies in addition to their general rules for the\n security or transport sectors must demonstrate a minimum experience\n of 24 months of regularly transporting cash in the Member\n State of establishment without\n infringing national law before they are granted a\n cross-border CIT licence by that Member\n State. Such an approach would increase mutual confidence\n between Member States. It must also have a valid civil liability\n insurance to cover at least third-party damage to life and property,\n regardless of whether the cash transported is insured thereunder.
The cross-border CIT licence\n shall be drawn up in accordance with the model and the physical\n characteristics defined in Annex I .
Training:\n the minimum requirements of initial training for CIT security staff that\n carry out cross-border euro cash transport are set out in Annexe VI. CIT\n security staff shall follow further training activities in the\n areas set out in point 3 of Annex VI, at least every three\n years.
At least one member of the CIT security\n staff in the CIT vehicle shall have at least A1-level language\n skills in the languages used by the local authorities and the\n population in the relevant areas of the Member State of transit and of the host Member State.
The CIT vehicle shall,\n furthermore, be in constant radio contact, via the CIT company's control\n centre, with someone who has at least B1-level language skills in\n the languages used by the local authorities and the population in the\n relevant areas of the Member State of transit and of the host Member\n State, so as to ensure that effective communication with the national\n authorities is possible at all times.
Carrying of weapons: CIT security staff shall comply with the law of the Member State of origin, of the Member State of transit and of the host Member State as regards the carrying of weapons and the maximum permitted\n calibre. CIT security staff who are armed or who travel in a\n CIT vehicle with arms on board shall (i) have a\n professional weapons licence or authorisation issued by the\n national authorities of the Member State of transit and/or the host\n Member State, where those Member States allow CIT security staff to be armed,\n and (ii) fulfil all the national requirements for that professional weapons\n licence or authorisation. For that purpose, Member States may recognise\n the professional weapons licence or authorisation of the other Member State .
Member States shall establish a\n single central national contact point to which CIT companies\n established in other Member States may submit applications for\n a professional weapons licence or authorisation for their CIT\n security staff.
Removal of neutralised banknotes from\n circulation: CIT companies operating under this\n Regulation shall remove from circulation all banknotes that\n may have been neutralised that they encounter while carrying out their\n activities. They shall hand over those banknotes to the\n appropriate NCB branch of their Member State of origin and\n provide a written statement on the cause and nature of the neutralisation.
Mutual information: Member States shall keep a register of all the companies to which\n they have delivered a cross-border CIT licence and shall\n inform the Commission about its content. To facilitate\n information-sharing, the Commission shall set up a central secured database\n containing data on licences issued, suspended or withdrawn, which shall be\n accessible to the relevant authorities of the participating Member States.
A company holding or having\n submitted an application for a cross-border CIT licence shall\n inform the granting authority at least two months before it begins its\n cross-border activity of the Member States in which it will\n carry out CIT transport. The Member State of origin shall subsequently\n immediately notify the Member States concerned that the cross-border activity\n is to start.
Applicable transport arrangements: with respect to the cross-border transport of euro banknotes by\n road carried out on its territory, each Member State shall allow:
Transport which includes both euro\n banknotes and coins shall be covered by the transport arrangements for the\n cross-border transport of euro banknotes.
Regarding the transport of banknotes, a Member State may decide that only end-to-end IBNS may be used on its territory for the\n servicing of off-premises ATMs or other types of off-premises cash\n dispensers, provided that the same rules apply for domestic CIT transport.
Participating Member States shall notify\n the Commission of the transport arrangements which are applicable. The\n Commission shall publish a corresponding information notice in the Official\n Journal of the European Union. The applicable transport arrangements shall\n take effect one month after publication of the information notice.
If a host Member State or a Member State\n of transit finds that an IBNS displays serious deficiencies as regards the\n technical characteristics normally required, namely that the cash can be\n accessed without triggering the neutralisation mechanism or the IBNS has been\n modified after homologation in such a way that it no longer fulfils the\n homologation criteria, it shall inform the Commission and the Member State\n that granted the homologation and may ask that new tests be carried out on\n that IBNS.
Pending the results of those new tests,\n Member States may provisionally prohibit the use of those IBNS on their\n territory. They shall, without delay, inform the Commission and the other\n participating Member States thereof.
In the case of a\n cabin-armoured CIT vehicle equipped with IBNS, or a\n fully-armoured CIT vehicle not equipped with IBNS, the cabin of the\n vehicle is equipped with a bullet-proof vest for each member of the\n CIT security staff on board. The CIT security staff may wear the bullet-proof\n vests referred to in point (c) during the transport and shall wear them where\n required by the law of the Member State where they are situated.
Compliance: during the period of validity of a cross-border CIT\n licence, Member States of origin shall ensure that the rules laid down\n in the Regulation are complied with, including via random inspections\n without prior notification to the company. Such inspections may also be\n carried out by host Member States.
Security:\n with a view to improving CIT security both for the staff involved and for the\n public, use of the intelligent banknote neutralisation system (IBNS)\n should be encouraged and, after a thorough impact assessment by the\n Commission, should be capable of being developed in a manner entailing\n harmonisation of IBNS among the participating Member States.
Review:\n four years after the entry into force of the Regulation, the Commission shall\n on the implementation of the Regulation, having consulted the\n stakeholders in the sector including the social partners followed by the\n Member States. The report shall, in particular, (i) examine the\n possibility of establishing common training requirements for the carrying of\n arms by CIT security staff and of amending Article 24 in the light of\n Directive 96/71/EC, take due account of technological progress in the\n area of IBNS, and (ii) consider the potential added value of granting\n Union CIT licences on a group basis and assess whether this Regulation\n needs to be revised accordingly.
Delegated acts: the Commission is empowered to adopt acts in accordance with\n Article 290 of the Treaty on the Functioning of the European Union (TFEU) in\n respect of the amendment of the technical rules on standards in regard to the\n IBNS, the armouring of CIT vehicles, bullet-proof vests and weapons\n strong-boxes.
\nPURPOSE: to facilitate the professional cross-border\ntransport of euro cash by road between euro-area Member\nStates
\n\nCONTENT: following agreement in first reading with the\nEuropean Parliament, the Council adopted a regulation aimed at\nfacilitating the professional cross-border transport of euro cash\nby road between the Member States of the euro zone.
\nThe new Regulation provides for conditions designed to\nguarantee the security of the transaction, the safety of the\ncash-in-transit (CIT) security staff involved and of the public and\nthe free movement of euro cash. This includes the obligation for\ncompanies wishing to make cross-border transport of euro cash by\nroad to apply for a cross-border cash-in-transit (CIT) licence from\ntheir Member States of origin.
\nPlace of departure, maximum duration and number of\neuro cash deliveries/pick-ups: cross-border transport of euro cash provided in\naccordance with this Regulation shall be carried out during the\ndaytime. A CIT vehicle carrying out cross-border transport of euro\ncash shall start its journey from its Member State of origin and\nshall return to it on the same day.
\nBy derogation, point-to-point transport may be carried\nout within a time-slot of 24 hours, provided that night-time\ntransport of euro cash is allowed under national rules of the\nMember State of origin, of the Member State of transit and of the\nhost Member State.
\nCross-border CIT licence: a company wishing to undertake cross-border\ntransport of euro cash by road shall apply for a cross-border CIT\nlicence from the granting authority in its Member State of origin.\nThe cross-border CIT licence shall be granted for a period of 5\nyears by the national granting authority, provided that the\napplicant company meets certain conditions. Amongst other things,\nthe applicant company must have a valid civil liability\ninsurance to cover at least third- party damage to life and\nproperty, regardless of whether the cash transported is insured\nthereunder.
\nApplicant companies established in a Member State\nwhich has no specific approval procedure for CIT companies in\naddition to its general rules for the security or transport sector,\nmust be able to provide evidence that it has had regular\nbusiness transporting cash for at least 24 months within its\nMember State of origin prior to the application with no\ninfringements of that Member States national law\ngoverning such activities.
\nCIT security staff:\nstaff must: (i) not have a relevant entry in a criminal record and\nare of good repute and integrity according to, for instance,\nrelevant police records; (ii) have a medical certificate certifying\nthat their physical and mental health is adequate for the task to\nbe performed; (iii) have successfully followed at least 200\nhours of ad hoc initial training, not including any training on\nthe use of firearms.
\nThe minimum requirements for the ad hoc initial\ntraining are set out in Annex VI.
\nAt least one member of the CIT security staff in the\nCIT vehicle shall have at least A1-level language skills in the\nlanguages used by the local authorities and the population in the\nrelevant areas of the Member State of transit and of the host\nMember State.
\nCarrying of weapons: CIT security staff shall comply with\nthe law of the Member State of origin, of the\nMember State of transit and of the host\nMember State as regards the carrying of weapons and\nthe maximum permitted calibre. CIT security staff who\nare armed or who travel in a CIT vehicle with arms on\nboard shall have a professional weapons\nlicence or authorisation issued by the national\nauthorities of the Member State of transit and/or the\nhost Member State, where those Member States allow CIT security\nstaff to be armed.
\nIn the case of a cabin-armoured CIT vehicle\nequipped with IBNS, or a fully-armoured CIT vehicle not\nequipped with IBNS, the cabin of the vehicle is equipped with\na bullet-proof vest for each member of the CIT security\nstaff on board. The CIT security staff may wear the bullet-proof\nvests during the transport and shall wear them where required\nby the law of the Member State where they are situated.
\nSecurity: with a view to\nimproving CIT security for both the CIT security staff involved and\nthe public, use of the intelligent banknote neutralisation\nsystem (IBNS) should be encouraged and, after a thorough\nanalysis of the potential impacts by the Commission, should be\ncapable of being developed in a manner entailing harmonisation of\nIBNS among the participating Member States, without prejudice to\nthe rules set out in this Regulation on applicable transport\narrangements.
\nA Member State may decide to introduce temporary\nsecurity measures going beyond those provided for in this\nRegulation in the event of an urgent problem affecting\nsignificantly the security of CIT operations.
\nMutual information: Member States shall submit to the\nCommission the rules as well as information on which IBNS have been\nhomologated by them and must keep a register of all the companies\nto which they have delivered a cross-border CIT licence\nand shall inform the Commission about its content. To\nfacilitate information-sharing, the Commission shall set up a\ncentral secured database containing data on licences issued,\nsuspended or withdrawn, which shall be accessible to the relevant\nauthorities of the participating Member States.
\nCompliance: during the period of validity of a\ncross-border CIT licence, Member States of origin shall ensure that\nthe rules laid down in this Regulation are complied with, including\nvia random inspections without prior notification to the company.\nSuch inspections may also be carried out by host Member\nStates.
\nRemuneration of CIT security staff carrying out\ncross-border transport: CIT security\nstaff carrying out cross-border transport in accordance with this\nRegulation shall be guaranteed the relevant minimum rates of pay,\nincluding overtime rates, in the host Member State in accordance\nwith Directive 96/71/EC.
\nReview: by 1 December\n2016 and every 5 years thereafter, the Commission shall report to\nthe European Parliament and to the Council on the implementation of\nthis Regulation. For that purpose, it shall consult the\nstakeholders in the sector including the social partners followed\nby the Member States.
\nENTRY INTO FORCE: 29/11/2012.
\nDELEGATED ACTS: the Commission shall be empowered to\nadopt delegated acts concerning amendments to Annex II and to the\ntechnical rules on the standards applicable to the armouring of CIT\nvehicles and to bulletproof vests and to weapons strong-boxes, with\na view to taking into account technological progress and possible\nnew European standards.
\nThe power to adopt delegated acts is conferred on the\nCommission for an indeterminate period of time from 30 November\n2012. The delegation of power may be revoked at any time by the\nEuropean Parliament or by the Council. A delegated act shall enter\ninto force only if no objection has been expressed either by the\nEuropean Parliament or by the Council within a period of 3 months\nof notification of that act (which may be extended by 3 months at\nthe initiative of the European Parliament or of the\nCouncil.
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