Changes from report parliamentary committee draft to plenary report

AddedProhibition of ex ante unilateral exclusions of payments in cash

AddedAny contractual terms relied on by payees subject to the obligation to accept euro banknotes and coins, which have the object or effect of excluding the use of euro banknotes and coins by payers of monetary debts denominated in euro, shall be negotiated individually. Such contractual terms shall not be regarded as having been negotiated individually where they have been drafted in advance and where the payer has not been able to influence their substance, particularly in the context of a pre-formulated standard form contract.

AddedThe payees referred to in the first subparagraph shall not engage in commercial practices (e.g. ‘no cash’ signs) that have the object or effect of excluding the use of euro banknotes and coins by payers of monetary debts denominated in euro.

AddedContractual terms and commercial practices prohibited pursuant to the first and second subparagraphs shall not be binding on the payer.

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AddedAcceptance of payments in cash

Added1. In order to ensure the acceptance of cash in accordance with Article 4(2), Member States shall monitor on a regular basis the acceptance of payments in cash and the compliance with the prohibition of ex ante unilateral exclusions of payments in cash referred to in Article 5a throughout their territory, in all their different regions, including the outermost regions, in both urban and non-urban, in particular sparsely populated, areas, and shall take immediate remedial measures on the basis of the common indicators drafted in accordance with the Commission guidelines adopted pursuant to Article 9(2)and shall assess the situation.

Added2. Member States shall notify the results of their monitoring and assessment of the situation, and effects of remedial measures, as regards the level of acceptance of payments in cash in accordance with Article 9(3).

Added3. If a Member State considers, on the basis of the monitoring and assessment referred to in paragraph 1 of this Article, that the level of acceptance of payments in cash in their territory or parts thereof undermines mandatory acceptance of euro banknotes and coins established in this Regulation, it shall set out the remedial measures it commits to take in accordance with Article 9(4). To that end, the Member State shall establish an effective, proportionate and coherent enforcement mechanism.

AddedAccess to cash

Added1. Member States shall ensure ▌effective access to cash throughout their territory, in all their different regions, including the outermost regions, in both urban and non-urban, in particular sparsely populated, areas, paying particular attention to the needs of vulnerable groups, such as older persons, persons with disabilities, people with low income or low digital skills and unbanked persons. In order to ensure ▌effective access to cash, Member States shall monitor access to cash throughout their territory, in all their different regions, including the outermost regions, in both urban and non-urban, in particular sparsely populated areas, on the basis of the common indicators drafted in accordance with Article 9(2) and shall assess the situation continuously.

Added2. Member States shall notify the results of their monitoring and assessment of the situation as regards access to cash in accordance with Article 9(3).

AddedIn carrying out the monitoring and assessment referred to in paragraph 1, Member States may be guided, inter alia, by the availability and accessibility of cash services, including the presence of ATMs and over‑the‑counter services, cash-back agreements and mobile offices, with special attention to their geographical distribution, opening hours, affordability and compliance with accessibility requirements.

Added3. If a Member State considers, on the basis of the monitoring and assessment referred to in paragraph 1, that ▌effective access to cash is not ensured, it shall set out the remedial measures it commits to take in accordance with Article 9(4). To that end, the Member State shall establish an effective, proportionate and coherent enforcement mechanism.

Added3a. In order to ensure effective access to cash in a sustainable and cost-effective manner, and with a view to avoiding unnecessary burdens on payment service providers, Member States shall consider the need to promote operational efficiency, including through voluntary guidelines, partnership arrangements with payment service providers, or shared infrastructures. In that context, Member States may take measures to encourage retailers to provide cash-back and cash-in services, without any purchase obligation, at points of sale as a means to enhance cash circulation, with monitoring of such measures integrated into the annual reports under Article 13.

Added3b. Member States may take adequate measures to raise public awareness about the right and benefits, such as security or resilience, of using cash as legal tender and the available means to access cash services, with a focus on persons with disabilities, functional limitations or limited digital skills, and the elderly.

AddedResilience of cash

AddedMember States shall ensure that a cash resilience plan or a combination of measures is established in order to ensure effective access to cash in situations where there is widespread and severe disruption of the continuity of digital means of payments or a credible and imminent risk of such disruption that affects or threatens to affect, in whole or in part, a Member State or the euro area. The resilience plan or the combination of measures, as applicable, shall include different scenarios, including natural or human-made disasters, and address the risk of each scenario.

AddedProcedural aspects

Added1. With a view to implementing the obligations set out in Articles 7, 8 and 8a, Member States shall each designate one or more 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. Those authorities shall have the necessary resources and powers to enable them to receive complaints from citizens about possible infringements of this Regulation. Those authorities shall also ensure that the channels for complaints are easily accessible, transparent and clearly understandable for citizens and businesses.

Added2. For the purposes of Articles 7 and 8, the Commission shall jointly adopt guidelines to define a set of common indicators to be used by Member States ▌to monitor and assess the acceptance of payments in cash and access to cash throughout their territory, in all their different regions, including the outermost regions, in both urban and non-urban, in particular sparsely populated, areas. Those guidelines shall be published … [X months after the entry into force of this Regulation] in accordance with the advisory procedure referred to in Article 11. When preparing those guidelines, the Commission shall consult the European Central Bank and national central banks.

Added3. The designated national competent authorities shall notify 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. The designated national competent authorities shall publish those reports in a manner appropriate to ensure transparency and public accountability.

Added4. If a Member State considers that the level of acceptance of payments in cash undermines mandatory acceptance of euro banknotes and coins or that ▌effective access to cash is not ensured, it shall take remedial measures without imposing excessive financial or operational costs on market participants. The Member State shall indicate in its annual report the remedial measures, including any enforcement mechanisms, that it commits to take or has taken in order to comply with the obligations set out in Articles 7 and 8. The remedial measures shall contain a binding timeline and clear milestones and shall enter into force without undue delay.

Added5. The Commission shall examine the annual reports in close consultation with the European Central Bank. If the remedial measures proposed by a Member State pursuant to paragraph 4 appear insufficient, or if the Commission considers that the acceptance of cash payments or ▌effective access to cash in a Member State is not in compliance with the obligations set out in Articles 7 and 8 despite the remedial measures proposed in the annual report, the Commission shall adopt implementing acts providing for adequate and proportionate measures that shall be adopted by the Member State concerned within the deadline laid down in the respective implementing act. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 11. When preparing those implementing acts, the Commission shall consult the European Central Bank.

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AddedCommittee procedure

Added1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Added2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

AddedPenalties

AddedNational laws, regulations and administrative provisions shall lay down the rules on penalties ▌ applicable to infringements of this Regulation and the administrative sanctions and other administrative measures in respect of the breaching or circumvention of this Regulation. Member States shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. The respective national regulations for the acceptance of coins shall apply. Member States shall, within one year after the entry into force of this Regulation, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

AddedAnnual reports

Added1. Member States shall submit on an annual basis a report to the Commission and the European Central Bank including information on the following aspects:

Added(a) the state of play concerning exceptions to the principle of mandatory acceptance pursuant to Article 5;

Added(b) detailed data and assessment of the situation in the Member State as regards acceptance of payments in cash and access to cash, and the remedial measures to be taken pursuant to Articles 7 and 8;

Added(c) the implemented penalties including financial penalties and non-criminal fines pursuant to Article 12.

Added2. The first annual report shall be submitted one year after the entry into force of this Regulation. Subsequent annual reports shall be submitted yearly after the date of the entry into force of this Regulation.

Added3. The Commission shall examine the annual reports in close consultation with the European Central Bank.

Added3a. All statistical analyses on the acceptance and availability of cash which are presented in detail or in summary form in the annual reports shall be freely available online in an official language of the Member State concerned and also in English. The methods for the statistical collection of that information and for its evaluation shall be explained in detail.

AddedAll complaints submitted to the competent national supervisory authority referred to in Article 9 shall be listed in a manner that complies with data protection requirements, including a sufficient description of the outcome of the subsequent investigation and, in the event of an infringement, the extent to which this Regulation was successfully enforced. That information shall be made available on an EU website.

AddedDuty of Member States to inform about remedies

AddedMember States shall provide payers and payees with clear information on the channels and effective remedies they have at their disposal to lodge complaints with the competent national authority about cases of unlawful refusal to accept cash and insufficient and ineffective access to cash. The information shall be easily accessible, comprehensible and available in English as well as in an official language of the Member State concerned.

AddedInteraction between euro banknotes and coins and the digital euro

Added1. Euro banknotes and coins and the digital euro shall be convertible into each other at par.

Added2. 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. The establishment of the digital euro shall not diminish the relevance of euro cash. Both forms of public money shall coexist and offer citizens complementary means of payment, ensuring choice, resilience and universal access.

AddedAmendment to Directive (EU) 2020/1828

AddedIn Annex I to Directive (EU) 2020/1828, the following point is added:

Added‘(70) Regulation (EU) 20../…. of the European Parliament and of the Council on the legal tender of euro banknotes and coins (OJ L[…], [……….], [p. ..]).’

AddedReview

AddedBy [date-five years after the entry into force], the Commission shall carry out a review on the operation and effects of this Regulation and submit a report to the European Parliament and to the Council. Member States shall provide the Commission with necessary information for the preparation of that report. The report shall be accompanied by a legislative proposal, where appropriate.

AddedEntry into force

AddedThis Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

AddedThis Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.