Activites

• 2011/11/29 Final act published in Official Journal
  • Regulation 2011/1214
  • OJ L 316 29.11.2011, p. 0001
• 2011/11/16 Final act signed
• 2011/11/16 End of procedure in Parliament
• #3121
• 2011/10/27 Council Meeting
• 2011/10/27 Act adopted by Council after Parliament's 1st reading
• 2011/09/27 Results of vote in Parliament
  • Results of vote in Parliament
  • T7-0405/2011 summary

    The European Parliament adopted by 634 votes to 23 with 8 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on the professional cross-border transportation of euro cash by road between euro-area Member States. Parliament adopted its position in first reading in accordance with the ordinary legislative procedure. The amendments adopted in plenary are the result of a compromise negotiated between Parliament and Council. The Commission’s proposal was amended as follows: Subject matter: the text clarifies that the Regulation is designed to allow the professional cross-border transport of euro cash by road between participating Member States under conditions that guarantee the security of the transaction, the safety of the CIT security staff involved and of the public and the free movement of euro cash. In accordance with normal market practice, allows a limited value of non-euro cash to be transported in the same CIT vehicle.Exclusions: the transport of euro banknotes and coins shall be excluded from the scope of the Regulation where it is(i) a) carried out on the account of, and between, NCBs, or between banknote printing works and/or mints of participating Member States and the relevant NCBs; and b) escorted by the military or the police.Place of departure, maximum duration and number of euro cash deliveries/pick-ups: by derogation from the Regulation, point-to-point transport may be carried out within a time-slot of 24 hours, provided that night-time transport of euro cash is allowed under 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 number of euro cash deliveries/pick-ups that a CIT vehicle may carry out in a host Member State during the same day.Cross-border CIT licence: CIT companies established in those participating Member States which do not have a specific approval procedure for CIT-companies in addition to their general rules for the security or transport sectors must demonstrate a minimum experience of 24 months of regularly transporting cash in the Member State of establishment without infringing national law before they are granted a cross-border CIT licence by that Member State. Such an approach would increase mutual confidence between Member States. It must also have a valid civil liability insurance to cover at least third-party damage to life and property, regardless of whether the cash transported is insured thereunder. The cross-border CIT licence shall be drawn up in accordance with the model and the physical characteristics defined in Annex I . Training: the minimum requirements of initial training for CIT security staff that carry out cross-border euro cash transport are set out in Annexe VI. CIT security staff shall follow further training activities in the areas set out in point 3 of Annex VI, at least every three years.At least one member of the CIT security staff in the CIT vehicle shall have at least A1-level language skills in the languages used by the local authorities and the population in the relevant areas of the Member State of transit and of the host Member State. The CIT vehicle shall, furthermore, be in constant radio contact, via the CIT company's control centre, with someone who has at least B1-level language skills in the languages used by the local authorities and the population in the relevant areas of the Member State of transit and of the host Member State, so as to ensure that effective communication with the national 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 calibre. CIT security staff who are armed or who travel in a CIT vehicle with arms on board shall (i) have a professional weapons licence or authorisation issued by the national authorities of the Member State of transit and/or the host Member State, where those Member States allow CIT security staff to be armed, and (ii) fulfil all the national requirements for that professional weapons licence or authorisation. For that purpose, Member States may recognise the professional weapons licence or authorisation of the other Member State .Member States shall establish a single central national contact point to which CIT companies established in other Member States may submit applications for a professional weapons licence or authorisation for their CIT security staff. Removal of neutralised banknotes from circulation: CIT companies operating under this Regulation shall remove from circulation all banknotes that may have been neutralised that they encounter while carrying out their activities. They shall hand over those banknotes to the appropriate NCB branch of their Member State of origin and 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 they have delivered a cross-border CIT licence and shall inform the Commission about its content. To facilitate information-sharing, the Commission shall set up a central secured database containing data on licences issued, suspended or withdrawn, which shall be accessible to the relevant authorities of the participating Member States.A company holding or having submitted an application for a cross-border CIT licence shall inform the granting authority at least two months before it begins its cross-border activity of the Member States in which it will carry out CIT transport. The Member State of origin shall subsequently immediately notify the Member States concerned that the cross-border activity is to start.Applicable transport arrangements: with respect to the cross-border transport of euro banknotes by road carried out on its territory, each Member State shall allow:at least one of the five options laid down in the text; andthose options laid down in the Regulation that are comparable to the transport arrangements allowed for domestic CIT transport.Transport which includes both euro banknotes and coins shall be covered by the transport arrangements for the 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 servicing of off-premises ATMs or other types of off-premises cash dispensers, provided that the same rules apply for domestic CIT transport.Participating Member States shall notify the Commission of the transport arrangements which are applicable.  The Commission shall publish a corresponding information notice in the Official Journal of the European Union. The applicable transport arrangements shall take effect one month after publication of the information notice. If a host Member State or a Member State of transit finds that an IBNS displays serious deficiencies as regards the technical characteristics normally required, namely that the cash can be accessed without triggering the neutralisation mechanism or the IBNS has been modified after homologation in such a way that it no longer fulfils the homologation criteria, it shall inform the Commission and the Member State that granted the homologation and may ask that new tests be carried out on that IBNS. Pending the results of those new tests, Member States may provisionally prohibit the use of those IBNS on their territory. They shall, without delay, inform the Commission and the other participating Member States thereof.In the case of a cabin-armoured CIT vehicle equipped with IBNS, or a fully-armoured CIT vehicle not equipped with IBNS, the cabin of the vehicle is equipped with a bullet-proof vest for each member of the CIT security staff on board. The CIT security staff may wear the bullet-proof vests referred to in point (c) during the transport and shall wear them where required by the law of the Member State where they are situated.Compliance: during the period of validity of a cross-border CIT licence, Member States of origin shall ensure that the rules laid down in the Regulation are complied with, including via random inspections without prior notification to the company. Such inspections may also be carried out by host Member States.Security: with a view to improving CIT security both for the staff involved and for the public, use of the intelligent banknote neutralisation system (IBNS) should be encouraged and, after a thorough impact assessment by the Commission, should be capable of being developed in a manner entailing harmonisation of IBNS among the participating Member States.Review: four years after the entry into force of the Regulation, the Commission shall on the implementation of the Regulation, having consulted the stakeholders in the sector including the social partners followed by the Member States. The report shall, in particular, (i) examine the possibility of establishing common training requirements for the carrying of arms by CIT security staff and of amending Article 24 in the light of Directive 96/71/EC, take due account of technological progress in the area of IBNS, and (ii) consider the potential added value of granting Union CIT licences on a group basis and assess whether this Regulation needs to be revised accordingly.Delegated acts: the Commission is empowered to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) in respect of the amendment of the technical rules on standards in regard to the IBNS, the armouring of CIT vehicles, bullet-proof vests and weapons strong-boxes.

• 2011/03/22 Committee report tabled for plenary, 1st reading/single reading
  • A7-0076/2011
• 2011/03/16 Vote in committee, 1st reading/single reading
• 2010/09/07 Committee referral announced in Parliament, 1st reading/single reading
• 2010/07/14 Legislative proposal published
  • COM(2010)0377 summary

    PURPOSE: to allow professional cross-border transportation of euro cash by road between participating Member States under conditions that guarantee the security of the transaction, the safety of the staff involved and of the public and the free movement of currency.PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: the introduction of the euro has considerably increased the need for cross-border transportation of cash by road. However, due to incompatibilities between national legislations it is in most cases very difficult for professional cash transporters to move euro cash between euro-area Member States and very little cross-border land transportation therefore takes place. Regulatory differences concern a wide range of issues such as the possession and carrying of firearms by the cash-in-transit (CIT) staff, authorised transport modalities, armouring and equipment of the CIT-vehicles, number of staff in the vehicles etc. The current regulatory obstacles moreover imply a fragmentation of the single market in this sector.The European Central Bank, the banking sector and the large retail sector have repeatedly called for the launch of an initiative aimed at lifting the obstacles to the professional cross border transportation by road of euro cash in Europe. On this basis, the Commission adopted a White Paper on professional cross-border transportation of euro cash by road between Member States in the euro area in May 2009. IMPACT ASSESSMENT: five broad options were considered: Option 1: a baseline no-change scenario; Option 2: bilateral/multilateral agreements between those Member States potentially most concerned by cross-border transports;Option 3: a set of common rules for cross-border transports only; Option 4: full mutual recognition; and Option 5: full harmonisation of the regulation of all CIT-transport. The detailed analysis of impacts concerns option 3: a set of common rules for cross-border transport. This option would meet the objective of facilitating the free circulation of euro cash. Since it is limited to cross-border transports it would furthermore not go beyond what is necessary to achieve the objectives.Three sub-options are moreover considered: (i) extending the scope of the rules to EU Member States outside the current euro area; (ii) extending the scope to other cash and valuables; and (iii) restricting the scope to point-to-point transports only.As regards the sub-options, it is concluded that the common rules should apply also to the territory of EU Member States that are about to introduce the euro as from the date of the decision of the Council to abrogate their derogation from participating in the euro. LEGAL BASIS: Article 133 of the Treaty on the Functioning of the European Union (TFEU).  Action at EU level brings important economies of scale as compared to bilateral or multilateral action.CONTENT: the proposed Regulation lays down a set of common rules for the professional cross-border transport of euro cash within the euro area. It is based on the principle of a specific cross-border CIT-licence which would be granted by the Member State of origin to CIT-companies whishing to transport euro cash across borders. Seven different authorised transport types are foreseen – five for the transport of banknotes and two for the transport of coins – with possibilities for Member Sates to opt out from specific options for their territory.In terms of scope, the following elements are noteworthy:the proposed Regulation would apply to the professional transport of euro cash by road between euro-area Member States. It is also foreseen that the territory of Member States which have not yet introduced the euro are covered by the Regulation as from the date of the Council decision to abrogate their derogation from participating in the euro. The extension of the scope of the Regulation is the subject of a separate proposed Regulation;the proposed Regulation would apply both to so-called point-to-point transports (i.e. transports from one secure location to another secure location with no intermediate stops) and so-called retail transports of cash (multi-stops transports servicing final customers);for retail transports, the majority of the stops must take place in the host Member State(s), whereas there is no limit to the number of stops that can be made in either the Member State of origin or the host Member State;the transports must as a rule be carried out during daytime, with exceptions foreseen for point-to point transports; the CIT-vehicle must return to its Member State of origin within the same day. The CIT cross-border licence: CIT-companies whishing to undertake cross-border transport of cash under the terms of the Regulation must apply for a specific licence from the granting authority of their Member State of origin. To obtain the licence, the company, its management and its staff will have to meet a certain number of conditions laid down in the Regulation. In case of infringement of the rules, the sanctioning power belongs to the authority that granted the licence, i.e. the authority of the Member State of origin. However, safeguarding powers are granted to the Member State crossed or the host Member State in case of emergency or manifest breaches of the rules (e.g. minimum number of staff not respected, infringement of the rules on the carrying of weapons etc). Member States furthermore have a duty of mutual information on all these aspects.Authorised transport typesFor banknotes, the following five transport types would be authorised for the cross-border transport of cash:transportation of banknotes in an unarmoured vehicle of ordinary appearance equipped with a system of neutralisation of banknotes (IBNS); transportation of banknotes in an unarmoured vehicle with a clear marking indicating that it is equipped with IBNS;transportation of banknotes in a cabin-armoured vehicle equipped with IBNS; transportation of banknotes in a fully-armoured vehicle not equipped with IBNS; transportation of banknotes in a fully-armoured vehicle equipped with IBNS.For coins, the following two transport types are foreseen:transportation of coins in an unarmoured vehicle;transportation of coins in a cabin-armoured vehicle.In all cases, there must be at least two security staff in the vehicle, except for transport in a fully-armoured vehicle without IBNS where three security staff are required. Member States may choose to close down the use of certain options for their territory as long as they accept at least one of the above-listed options for banknotes and one of the above-listed options for coins and as long as they do not allow comparable transport modalities for domestic CIT-transports.Application of national rules: in particularly sensitive areas from the point of view of security, national rules would continue to apply. These areas concern the carrying and use of weapons, the relationship with the police forces and the rules governing the behaviour of the CIT security staff outside the CIT-vehicle as well as the security of the locations where the cash is delivered or picked up.BUDGETARY IMPLICATION: the proposal has no negative impact on the EU budget.

  • DG {'url': 'http://ec.europa.eu/dgs/economy_finance/index_en.htm', 'title': 'Economic and Financial Affairs'}, REHN Olli

Documents

• Legislative proposal published: COM(2010)0377
• Committee report tabled for plenary, 1st reading/single reading: A7-0076/2011
• Results of vote in Parliament: Results of vote in Parliament
• Decision by Parliament, 1st reading/single reading: T7-0405/2011
• : Regulation 2011/1214
• : OJ L 316 29.11.2011, p. 0001

Amendments

Dossier

1

2010/0204(COD) 2011/01/27 ECON 1 amendments... Amendment 11 # Ivari PADAR Proposal for a regulation Article 24 – paragraph 1 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. , 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. source: PE-456.920

History

(these mark the time of scraping, not the official date of the change)