What changed between the draft committee report of 11 Jan 2024 and the draft committee report of 3 Nov 2025

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

5 unchanged paragraphs

on the proposal for a regulation of the European Parliament and of the Council on the legal tender of euro banknotes and coins

(COM(2023)0364 – C90216/2023 – 2023/0208(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0364),

Changed:– having regard to Article 294(2) and Article 133 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90216/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

Changed:– having regard to Rulethe 59opinion of itsthe RulesEuropean Central Bank of Procedure,13 October 2023,

Changed:– having regard to theRule report60 of the Committee on Economic andits MonetaryRules Affairsof (A90000/2024),Procedure,

Added:– having regard to the report of the Committee on Economic and Monetary Affairs (A100000/2025),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 1

Removed:Recital 4 a (new): (4a) This Regulation should apply to payment obligations that give rise to pecuniary debts to be settled in cash. This Regulation should not apply to payments for goods or services purchased at a distance, whether online or through any means of distance communication.

Added:Recital 6: (6) In order to ensure that the principle of mandatory acceptance of payments in euro banknotes and coins is not effectively undermined by widespread and structural refusals of cash payments, it is necessary for Member States to monitor the level of ex ante unilateral exclusions of payments in cash when transactions are performed in physical premises, such as commercial practices or pre-formulated standard contract terms not individually negotiated, having the object or the effect of excluding the use of cash. Therefore, Member States should regularly monitor the level of unilateral ex ante exclusions of payments in cash when payments are performed in physical premises throughout their territory, in all their different regions, including the outermost regions, covering both urban and non-urban areas, with special attention to sparsely populated areas, on the basis of common indicators which allow for comparisons between the Member States. In conducting their monitoring activities, Member States should take into account citizens’ effective demand for cash and payment habits resulting from changes in their preferences and technological developments. If in light of their assessment acceptance of payments in cash is ensured on their territory, Member States would not need to adopt specific measures in relation to their respective obligation. However, they would need to continuously monitor the situation. If a Member State concludes that ex ante unilateral exclusions of cash under…

Removed: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 situation. If a Member State concludes that access to cash is not sufficient and effective in all or part of its territory, or is at risk of deteriorating in the absence of action, appropriate remedial measures should be taken to remedy the situation, such as geographic access requirements on payment service providers providing cash withdrawal services to maintain cash services at a sufficient number of their branch offices where they conduct business, or through an appointed agent for online only cr…

Added:Recital 6 a (new): (6a) Member States should provide payers and payees with clear information on the channels and effective remedies they have at their disposal to lodge complaints with competent national authorities about cases of unlawful refusal to accept cash and insufficient and ineffective access to cash.

Removed:Recital 9: (9) The Commission should be empowered to adopt implementing acts addressed to a specific Member State when the measures proposed by that Member State appear insufficient or in cases where, in spite of the findings of the annual report sent by that Member State, ex ante unilateral exclusions of cash are undermining the principle of mandatory acceptance of payments in euro banknotes and coins and/or where access to cash is not sufficient and effective. Such an implementing act could require the Member State concerned to take measures such as those outlined in recitals 7 and 8, or measures that have been considered effective in other Member States in ensuring that the principles of mandatory acceptance of payments in cash or sufficient and effective access to cash are not undermined. When preparing those implementing acts, the Commission should consult the European Central Bank.

Added:Recital 7: (7) With a view to an effective implementation of their obligation to ensure sufficient and effective access to cash in proportion with citizens’ demand, Member States should regularly monitor the level of access to cash throughout their territory, in all their different regions, including the outermost regions, covering both urban and non-urban areas, with special attention to sparsely populated areas, on the basis of common indicators which allow for comparisons between the Member States. In conducting their monitoring activities, Member States should take into account citizens’ effective demand for cash and payment habits resulting from changes in their preferences and technological developments. 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, non-urban and low populated areas, and the outermost regions, 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 continuously monitor the situation. If a Member State concludes that access to cash is not sufficient and effective in all or part of …

Removed:Recital 11: deleted

Added:Recital 8: (8) The Commission should be empowered to adopt implementing acts on a set of common indicators of general application in the euro area, which should take into account the location and scale of cash-access infrastructure vis-à-vis citizens’ effective demand for cash and payment habits resulting from changes in their preferences and technological developments. Those indicators would allow 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 the outermost regions, covering both urban and non-urban areas, with special attention to sparsely populated areas. In view of the preparation of such implementing acts, the Commission should consult the European Central Bank.

Removed:Recital 11 a (new): (11a) Unilateral practices, such as the non-acceptance of cash payments by public entities, including public hospitals and public museums, have not been regulated procedures for the settlement of pecuniary obligations provided for in the national law of a Member State. They should be considered ex ante unilateral exclusions of cash.

Added:Recital 9: (9) The Commission should be empowered to adopt implementing acts addressed to a specific Member State when the measures proposed by that Member State appear insufficient or in cases where, in spite of the findings of the annual report sent by that Member State, ex ante unilateral exclusions of cash are undermining the principle of mandatory acceptance of payments in euro banknotes and coins and/or where access to cash is not sufficient and effective. Such an implementing act could require the Member State concerned to take measures such as those outlined in recitals 7 and 8, or measures that have been considered effective in other Member States in ensuring that the principles of mandatory acceptance of payments in cash or sufficient and effective access to cash in proportion with citizens’ demand are not undermined.

Removed:Recital 12 a (new): (12a) In order to ensure that people and businesses benefit from a wide acceptance network and are able to use the digital euro effectively in their day-to-day payments, payees who are subject to the mandatory acceptance of payments in digital euro should not unilaterally exclude payments in cash through contractual terms that have not been individually negotiated or through commercial practices.

Added: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 insufficient 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 cash and sufficient and effective access to cash.

Removed:Article 3 – paragraph 1 – point 4: 4. ‘ex ante unilateral exclusions of cash’ means a situation when a retailer or service provider unilaterally excludes cash as a payment method for example by introducing a ‘no cash’ sign or by using a pre-formulated standard form contract. In this case, the payer and payee do not freely agree to a means of payment for a purchase;

Added:Recital 11: (11) In order to ensure other adequate exceptions to the mandatory acceptance of euro cash may be introduced at a later stage if they are required, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation by introducing other adequate exceptions to the principle of mandatory acceptance for the euro area as a whole. The Commission may only adopt such other adequate exceptions if they are necessary, proportionate to their aim, and preserve the effectiveness of the legal tender status of euro cash. The power of the Commission to adopt delegated acts for the introduction of other adequate exceptions to the mandatory acceptance of accept euro cash should be without prejudice to the possibility for Member States, pursuant to their own powers in areas of shared competence, to adopt national legislation introducing exceptions to the mandatory acceptance deriving from the legal tender status in accordance with the conditions laid down by the Court of Justice of the European Union in the judgment in Joined Cases C-422/19 and C-423/19. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, t…

Removed:Article 5 – paragraph 1 – subparagraph 1 – point b: (b) where, prior to the payment, the payee has agreed with the payer on a different means of payment, in accordance with Article 5a.

Added: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 payers legitimately may choose to settle their debts. Thus, the measures in this Regulation only concern the way enterprises receive payments. The interference with those fundamental rights is therefore indirect and very limited. It is justified by the general interest objective of ensuring the effectiveness of legal tender, and is proportionate to this objective.

Removed:Article 5 – paragraph 1 – subparagraph 2 a (new): For the purposes of point (b), the burden of proof to establish that such an agreement existed in a particular case shall be on the payee.

Added:Recital 14: (14) The share of cash payments compared to electronic payments could vary across certain vulnerable groups including older age groups, persons with disabilities, and people with limited digital skills and lower income levels. This proposal is consistent with the European Accessibility Act18, which covers automated teller machines (ATMs). Furthermore, financially excluded people, such as the unbanked, asylum seekers and migrants, who may not be able or willing to use means of payment supplied by the private sector, rely on cash as their payment method. Cash is considered to provide for a clear overview of expenses, with high degrees of ease of use, speed, safety and privacy. Vulnerable groups are more at risk of losing their access to a method of payment if their access to cash deteriorates. Thus, this Regulation would aim to preserve financial inclusion of vulnerable groups with a dependency on cash payments by ensuring that everyone in the euro area would be free to choose the preferred payment method and has access to basic cash services, while supporting Member States in continuing their policy efforts to promote digital financial inclusion, for example through measures aimed to increase financial and specifically digital finance literacy in education and training systems, as well as to address gaps in digital infrastructure, including in rural areas.

Removed:Article 5 a (new): Article 5a / Prohibition of ex ante unilateral exclusions of cash / Payees subject to the obligation to accept euro banknotes and coins shall not use contractual terms that have not been individually negotiated or commercial practices, including ‘no cash’ signs, that have the object or the effect of excluding the use of euro banknotes and coins by payers of monetary debts denominated in euro. Such contractual terms or commercial practices shall not be binding on the payer. A contractual term shall be regarded as not having been individually negotiated where it has been drafted in advance and where the payer has therefore not been able to influence the substance of the term, particularly in the context of a pre-formulated standard form contract.

Added:Article 2 – paragraph 1: 1. This Regulation applies, in the Member States whose currency is the euro, to the settlement of pecuniary debts in so far as they are to be settled in cash, in whole or in part, where a payment obligation exists in accordance with the applicable law or established legal practices. To ensure the effectiveness of the legal tender of cash, this Regulation applies also to ex ante unilateral exclusion of payments in cash and to the access to cash.

Removed:Article 6: deleted / (deleted) / (deleted)

Added:Article 3 – paragraph 1 – point 4: 4. ‘ex ante unilateral exclusions of cash’ means a situation when a retailer or service provider unilaterally excludes cash as a payment method for example by introducing a ‘no cash’ sign or by using a pre-formulated standard form contract, creating a situation where the payer and payee do not freely agree to a means of payment for a purchase;

Removed:Article 8 – paragraph 1: 1. Member States shall ensure sufficient and effective access to cash throughout their territory, in all their different regions, including urban and non-urban areas. In order to ensure sufficient and effective access to cash, Member States shall monitor access to cash throughout their territory, in all their different regions, including urban and non-urban areas, on the basis of the common indicators adopted by the Commission, weighted according to individual national indicators connected with national cash demand, and shall assess the situation. Common indicators shall assess at least the following criteria:

Added:Article 3 – paragraph 1 – point 8: 8. ‘enterprise’ means an entity engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity.

Change 2

Changed:Article 85 – paragraph 1 – pointsubparagraph a1 (new):– (a)point theb: access(b) where, prior to ATMsthe includingpayment, the geographicalpayee distancehas byagreed roadwith andthe publicpayer transporton anda thedifferent numbermeans of ATMspayment, inwithout relationprejudice to populationArticle density;5a.

Change 3

Changed:Article 85 – paragraph 1 – pointsubparagraph b2 a (new): (b)For the availabilitypurposes of ATMspoint for(b), cashthe depositspayee andshall cashhave fundingthe burden of digitalproof euroto accounts;establish that such an agreement existed in a particular case.

Change 4

Removed:Article 8 – paragraph 1 – point c (new): (c) the availability of banknotes of different values at ATMs;

Added:Article 5 – paragraph 2 – introductory part: 2. For the purposes of the application of paragraph 1, point (a), such legitimate grounds may include:

Removed:Article 8 – paragraph 1 – point d (new): (d) the availability of cash services over the counter including opening hours of bank branches;

Added:Article 5 a (new): Article 5a / Prohibition of ex ante unilateral exclusions of cash / Payees subject to the obligation to accept euro banknotes and coins shall use only contractual terms that have been individually negotiated or commercial practices (e.g. ‘no cash’ signs) that have the objective or effect of excluding the use of euro banknotes and coins by payers of monetary debts denominated in euro. / Contractual terms or commercial practices as referred to in the first subparagraph shall not be binding on the payer. / Contractual terms shall not be regarded as having been individually negotiated 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.

Removed:Article 8 – paragraph 1 – point e (new): (e) the accessibility of ATMs and bank branches in line with Directive (EU) 2019/882; and

Added:Article 6 – title: Other adequate exceptions to the principle of mandatory acceptance of euro banknotes and coins of a monetary law nature

Removed:Article 8 – paragraph 1 – point f (new): (f) the charges for cash services at ATMs and over the counter.

Added:Article 6 – paragraph 1: The Commission is empowered to adopt delegated acts in accordance with Article 10 to supplement this Regulation by identifying other adequate exceptions of a monetary law nature to the principle of mandatory acceptance. Those exceptions shall be justified by an objective of public interest and proportionate to that aim, shall not undermine the effectiveness of the legal tender status of euro cash, and shall only be permitted provided that other means for the payment of monetary debts are available. When preparing those delegated acts, the Commission shall consult the European Central Bank.

Removed:Article 8 – paragraph 1 a (new): 1a. ATM providers and payment service providers who intend to close a bank branch or an ATM shall perform a detailed impact assessment based on the common indicators to ensure that sufficient and effective access to cash remains guaranteed after the closure of the bank branch or ATM. They shall notify their findings to their national competent authority in writing. Where the level of access to cash is not sufficient and effective, the provider responsible for the closure shall take measures to remedy that situation.

Added:Article 7 – paragraph 1: 1. In order to ensure the acceptance of cash in accordance with Article 4(2), Member States shall monitor the acceptance of payments in cash and the level of ex ante unilateral exclusions of payments in cash throughout their territory, in all their different regions, including the outermost regions, in both urban and non-urban, in particular sparsely populated, areas, on the basis of the common indicators adopted by the Commission and shall assess the situation.

Removed: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 consider together with individual national indicators to monitor and assess the acceptance of payments in cash and 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.

Added: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 undermines mandatory acceptance of euro banknotes and coins, it shall set out the remedial measures it commits to take in accordance with Article 9(4). To that end, the Member State shall establish an effective, proportionate and coherent enforcement mechanism.

Removed:Article 9 – paragraph 4: 4. If a Member State considers that the mandatory acceptance of payments in cash is undermined 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.

Added:Article 8 – paragraph 1: 1. Member States shall ensure sufficient and effective access to cash in proportion with citizens’ demand throughout their territory, in all their different regions, including the outermost regions, in both urban and non-urban, in particular sparsely populated, areas. In order to ensure sufficient and effective access to cash, Member States shall monitor access to cash throughout their territory, in all their different regions, including the outermost regions, in both urban and non-urban, in particularsparsely populated, areas, on the basis of the common indicators adopted by the Commission and shall assess the situation.

Change 5

Changed:Article 98 – paragraph 5: 5. The Commission shall examine the annual reports in close consultation with the European Central3: Bank.3. 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 sufficient and effective access to cash in a Member State is not in line withensured, theit obligationsshall set out in Articles 7 and 8 despite the findings of the annual report, theremedial Commissionmeasures shallit adoptcommits implementingto actstake providingin foraccordance adequatewith andArticle proportionate9(4). measuresTo that shall be adopted byend, 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, theestablish Commissionan shalleffective, consultproportionate theand Europeancoherent Centralenforcement Bank.mechanism.

Change 6

Changed:Article 109 – paragraph 2: 2. The powerFor tothe adoptpurposes delegatedof actsArticles referred7 toand in8, Articlethe 6Commission shall beadopt conferredimplementing onacts theof Commissiongeneral forapplication on a periodset of fivecommon yearsindicators fromMember [dateStates ofshall entryuse intoto forcemonitor ofand thisassess Regulation].the Theacceptance Commissionof shallpayments drawin upcash aand reportaccess to cash in respectproportion ofwith thecitizens’ delegationdemand ofthroughout powertheir notterritory, laterin thanall ninetheir monthsdifferent beforeregions, including the endoutermost ofregions, eachin five-yearboth period.urban Theand delegationnon-urban, ofin powerparticular sparsely populated, areas. Those implementing acts shall be tacitlyadopted extended[within forX periodsmonths ofafter anthe identicalentry duration,into unlessforce theof Europeanthis ParliamentRegulation] orin accordance with the Counciladvisory opposesprocedure suchreferred extensionto notin laterArticle than11. threeWhen monthspreparing beforethose implementing acts, the endCommission ofshall eachconsult period.the European Central Bank.

Change 7

Removed:Article 10 – paragraph 3: deleted

Added:Article 9 – paragraph 3: 3. 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 in proportion with citizens’ demand, 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.

Added:Article 9 – paragraph 4: 4. If a Member State considers that the level of acceptance of payments in cash undermines mandatory acceptance of euro banknotes and coins or that sufficient and effective access to cash in proportion with citizens’ demand is not ensured, it shall take remedial measures. It 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 enter into force without undue delay. Financial intermediaries shall not incur losses for the application of such remedial measures. The Member State concerned shall compensate financial intermediaries for any remedial measures that give rise to additional costs.

Added:Article 9 – paragraph 5: 5. 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 sufficient and effective access to cash in proportion with citizens’ demand in a Member State is not in line with the obligations set out in Articles 7 and 8 despite the findings of 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.