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amendment list, 19 December 2025

Legal tender of euro banknotes and coins

Document ECON-AM-781237 · (COM(2023)0364 – C9-0216/2023 – 2023/0208(COD))

Committee on Economic and Monetary Affairs

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Text 1,025 paragraphs

Amendment 33

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Recital 5

Text proposed by the CommissionAmendment
(5) The acceptance of euro banknotes and coins tendered as means of payment can exceptionally be refused if the refusal is made in good faith, based on legitimate grounds and concrete circumstances, which are beyond the control of the payee, and if the refusal is proportionate. For example, the refusal can be justified if for the settlement of a monetary debt the tendered euro banknote is disproportionate compared to the amount owed to the payee, such as the tendering of a two hundred euro banknote for the settlement of a debt of less than five euro. In accordance with Council Regulation 974/98, except for the issuing authority and for those persons specifically designated by the national legislation of the issuing Member State, no party should be obliged to accept more than 50 coins in any single payment.(5) The acceptance of euro banknotes and coins tendered as means of payment can exceptionally be refused if the refusal is made in good faith, based on legitimate grounds and concrete circumstances, which are beyond the control of the payee, and if the refusal is proportionate. These criteria shall be exceptional and interpreted strictly. For example, the refusal can be justified if for the settlement of a monetary debt the tendered euro banknote is disproportionate compared to the amount owed to the payee, such as the tendering of a two hundred euro banknote for the settlement of a debt of less than five euro. In accordance with Council Regulation 974/98, except for the issuing authority and for those persons specifically designated by the national legislation of the issuing Member State, no party should be obliged to accept more than 50 coins in any single payment.

Or. es

Amendment 34

Markus Ferber

Proposal for a regulation

Recital 5

Text proposed by the CommissionAmendment
(5) The acceptance of euro banknotes and coins tendered as means of payment can exceptionally be refused if the refusal is made in good faith, based on legitimate grounds and concrete circumstances, which are beyond the control of the payee, and if the refusal is proportionate. For example, the refusal can be justified if for the settlement of a monetary debt the tendered euro banknote is disproportionate compared to the amount owed to the payee, such as the tendering of a two hundred euro banknote for the settlement of a debt of less than five euro. In accordance with Council Regulation 974/98, except for the issuing authority and for those persons specifically designated by the national legislation of the issuing Member State, no party should be obliged to accept more than 50 coins in any single payment.(5) The acceptance of euro banknotes and coins tendered as means of payment can exceptionally be refused if the refusal is made in good faith, based on legitimate grounds and concrete circumstances, which are beyond the control of the payee, if the refusal is proportionate or if the transaction occurs in the context of a distance sale. For example, the refusal can be justified if for the settlement of a monetary debt the tendered euro banknote is disproportionate compared to the amount owed to the payee, such as the tendering of a two hundred euro banknote for the settlement of a debt of less than five euro. In accordance with Council Regulation 974/98, except for the issuing authority and for those persons specifically designated by the national legislation of the issuing Member State, no party should be obliged to accept more than 50 coins in any single payment.

Or. en

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Amendment 35

Billy Kelleher, Gilles Boyer

Proposal for a regulation

Recital 5 a (new)

Text proposed by the CommissionAmendment
(5 a) There are certain goods and services that all population groups need and have a right to access and therefore should be able to pay for these in cash. In cases where the payee is a public body, a health care provider or pharmacy, an essential utilities provider, or a retail grocery provider, there should be an obligation to accept cash. Member States may extend this list of entities to which access is essential. Member States may, however, choose to permit micro enterprises falling within these categories of payee to justify the refusal of cash for reasons of proportionality.

Or. en

Amendment 36

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Recital 6

Text proposed by the CommissionAmendment
(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. 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 urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. 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 continue monitoring the situation. If a Member State concludes that ex ante unilateral exclusions of cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation, such as a prohibition or restrictions on ex ante unilateral exclusions of cash in all or parts of its territory, for example in rural areas, or in certain sectors which are deemed essential such as post offices, supermarkets, pharmacies or healthcare, or for certain types of payments which are deemed essential.(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. 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 urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. 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 continue monitoring the situation. If a Member State concludes that ex ante unilateral exclusions of cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation, such as a prohibition or restrictions on ex ante unilateral exclusions of cash in all or parts of its territory, for example in rural areas, or in certain sectors which are deemed essential. The ability to obtain a sufficient and proportionate amount of cash and to use it in an unrestricted and non-discriminatory manner in everyday life and for the payment of essential goods and services, e.g. in post offices, supermarkets, pharmacies, health-care facilities and other branches of public services, must be ensured as a matter of priority.

Or. de

Amendment 37

Fabio De Masi

Proposal for a regulation

Recital 6

Text proposed by the CommissionAmendment
(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. 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 urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. 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 continue monitoring the situation. If a Member State concludes that ex ante unilateral exclusions of cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation, such as a prohibition or restrictions on ex ante unilateral exclusions of cash in all or parts of its territory, for example in rural areas, or in certain sectors which are deemed essential such as post offices, supermarkets, pharmacies or healthcare, or for certain types of payments which are deemed essential.(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. 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 urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. 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 continue monitoring the situation. If a Member State concludes that ex ante unilateral exclusions of payments in cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation.

Or. de

Amendment 38

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Eero Heinäluoma

Proposal for a regulation

Recital 6

Text proposed by the CommissionAmendment
(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. 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 urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. 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 continue monitoring the situation. If a Member State concludes that ex ante unilateral exclusions of cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation, such as a prohibition or restrictions on ex ante unilateral exclusions of cash in all or parts of its territory, for example in rural areas, or in certain sectors which are deemed essential such as post offices, supermarkets, pharmacies or healthcare, or for certain types of payments which are deemed essential.(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 ex ante unilateral exclusions of payments in cash when transactions are performed in physical premises. 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 urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. If a Member State concludes that ex ante unilateral exclusions of cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to enforce the prohibition of ex ante unilateral exclusions of cash in all or parts of its territory. To this end, Member States should equip national competent authorities with all the required competencies and resources to ensure the mandatory acceptance by payees.

Or. en

Amendment 39

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Recital 6

Text proposed by the CommissionAmendment
(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. 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 urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. 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 continue monitoring the situation. If a Member State concludes that ex ante unilateral exclusions of cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation, such as a prohibition or restrictions on ex ante unilateral exclusions of cash in all or parts of its territory, for example in rural areas, or in certain sectors which are deemed essential such as post offices, supermarkets, pharmacies or healthcare, or for certain types of payments which are deemed essential.(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. 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 urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. 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 continue monitoring the situation. If a Member State concludes that ex ante unilateral exclusions of cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation, such as a prohibition or restrictions on ex ante unilateral exclusions of cash in all or parts of its territory.

Or. es

Amendment 40

Markus Ferber

Proposal for a regulation

Recital 6

Text proposed by the CommissionAmendment
(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. 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 urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. 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 continue monitoring the situation. If a Member State concludes that ex ante unilateral exclusions of cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation, such as a prohibition or restrictions on ex ante unilateral exclusions of cash in all or parts of its territory, for example in rural areas, or in certain sectors which are deemed essential such as post offices, supermarkets, pharmacies or healthcare, or for certain types of payments which are deemed essential.(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. Therefore, Member States should continuously 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 urban and non-urban areas, on the basis of common indicators which allow for comparisons between the Member States. 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 continue monitoring the situation. If a Member State concludes that ex ante unilateral exclusions of cash undermine the mandatory acceptance of payments in euro banknotes and coins in all or part of its territory, that Member State should take effective and proportionate measures to remedy the situation, such as a prohibition or restrictions on ex ante unilateral exclusions of cash in all or parts of its territory, for example in rural areas, or in certain sectors which are deemed essential such as post offices, supermarkets, pharmacies or healthcare, or for certain types of payments which are deemed essential.

Or. en

Amendment 41

Markus Ferber

Proposal for a regulation

Recital 6 a (new)

Text proposed by the CommissionAmendment
(6 a) 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.

Or. en

Amendment 42

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Eero Heinäluoma

Proposal for a regulation

Recital 7

Text proposed by the CommissionAmendment
(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 credit institutions, or maintain a sufficient density of automated teller machines (ATMs) where they conduct business taking into account a good geographic spread in relation to population, also taking into account possible pooling of ATMs. Other remedial measures could include recommendations addressed to non-credit institutions, such as independent ATM operators, retailers or post offices, encouraging to complement the cash services of banks.(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 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 credit institutions, or maintain a sufficient density of automated teller machines (ATMs) where they conduct business taking into account a good geographic spread in relation to population, also taking into account possible pooling of ATMs. Other remedial measures could include recommendations addressed to non-credit institutions, such as independent ATM operators, retailers or post offices, encouraging to complement the cash services of banks. To facilitate monitoring by Member States, payment services providers and ATM providers should notify the national competent authority in writing of the closure of each ATM or bank branch and share an assessment of whether the sufficient and efficient access to cash is still guaranteed as defined by the common indicators. Where gaps in the access to cash appear, the provider responsible for the closure should take remedial measures to maintain efficient access to cash.

Or. en

Amendment 43

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Recital 7

Text proposed by the CommissionAmendment
(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 credit institutions, or maintain a sufficient density of automated teller machines (ATMs) where they conduct business taking into account a good geographic spread in relation to population, also taking into account possible pooling of ATMs. Other remedial measures could include recommendations addressed to non-credit institutions, such as independent ATM operators, retailers or post offices, encouraging to complement the cash services of banks.(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 a Member State concludes, in accordance with the criteria laid down in Article 7(3a), 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 credit institutions, or maintain a sufficient density of automated teller machines (ATMs) where they conduct business taking into account a good geographic spread in relation to population, also taking into account possible pooling of ATMs. Other remedial measures could include recommendations addressed to non-credit institutions, such as independent ATM operators, retailers or post offices, encouraging to complement the cash services of banks. Along with applying appropriate sanctions.

Or. es

Amendment 44

Billy Kelleher, Gilles Boyer

Proposal for a regulation

Recital 7

Text proposed by the CommissionAmendment
(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 credit institutions, or maintain a sufficient density of automated teller machines (ATMs) where they conduct business taking into account a good geographic spread in relation to population, also taking into account possible pooling of ATMs. Other remedial measures could include recommendations addressed to non-credit institutions, such as independent ATM operators, retailers or post offices, encouraging to complement the cash services of banks.(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. To facilitate the assessment, Member States should establish a mechanism to allow individuals and businesses to notify potential local deficiencies. 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 credit institutions, or maintain a sufficient density of automated teller machines (ATMs) where they conduct business taking into account a good geographic spread in relation to population, also taking into account possible pooling of ATMs. Remedial measures, where necessary, may be framed to address particular local deficiencies and demands for access to cash. Other remedial measures could include recommendations addressed to non-credit institutions, such as independent ATM operators, retailers or post offices, encouraging to complement the cash services of banks.

Or. en

Amendment 45

Pasquale Tridico

Proposal for a regulation

Recital 7 a (new)

Text proposed by the CommissionAmendment
(7 a) In ensuring sufficient and effective access to cash, the costs associated with maintaining essential cash services, such as automated teller machines, withdrawal services and other means of cash distribution, should not give rise to financial compensation mechanisms for financial intermediaries. The contraction of withdrawal services and ATM networks stems largely from the commercial decisions of those institutions themselves. As key intermediaries through which citizens obtain access to cash, banks and other financial institutions should not be reimbursed for fulfilling this public function fairly, including in sparsely populated or commercially less attractive areas. In this regard, cash-related services form part of the essential payment account services defined under Directive 2014/92/EU (Payment Accounts Directive), which explicitly recognises deposit and withdrawal of cash as core functions of a payment account and does not provide for any compensation mechanism for intermediaries. Similarly, under Directive (EU) 2015/2366 (PSD2), payment service providers are subject to obligations ensuring availability and continuity of payment services, without the possibility of public reimbursement. This principle should apply consistently across both digital and cash infrastructures, as both constitute essential components of citizens’ access to money. Compensation would only be justified under the Altmark judgment (C-280/00) where obligations qualify as services of general economic interest outside the operator’s ordinary economic mission, which is not the case here.

Or. en

Amendment 46

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Recital 7 b (new)

Text proposed by the CommissionAmendment
(7 b) Member States should ensure that retailers offer to consumers cash withdrawals with or without a purchase. This possibility, however, should not be considered by Member States to satisfy access to cash requirements under this Regulation.

Or. en

Amendment 47

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Recital 8

Text proposed by the CommissionAmendment
(8) The Commission should be empowered to adopt implementing acts on a set of common indicators of general application in the euro area, which would allow the Member States to effectively monitor and assess the acceptance of payments in cash and access to cash throughout their territory, in all their different regions, including urban and non-urban areas. In view of the preparation of such implementing acts, the Commission should consult the European Central Bank.(8) Given its role in the supervision of monetary policy and financial stability, the ECB has significant data resources relating to banking infrastructures and services in the EU Member States. Member States should monitor the level of access to cash taking into account the Commission’s indicative guidance on indicators considered relevant in the light of the data collected by the ECB. Collaboration between the Commission, the Member States and the ECB will help to ensure that the monitoring framework is based on available and relevant information. Recognising the diversity of EU Member States, each will have the possibility to define and adapt the monitoring methodology on the basis of existing data and local specificities. This flexibility is essential to maintain the relevance and applicability of the monitoring framework in different national contexts, in order to support the development of effective policies.

Or. en

Amendment 48

Billy Kelleher

Proposal for a regulation

Recital 8

Text proposed by the CommissionAmendment
(8) The Commission should be empowered to adopt implementing acts on a set of common indicators of general application in the euro area, which would allow the Member States to effectively monitor and assess the acceptance of payments in cash and access to cash throughout their territory, in all their different regions, including urban and non-urban areas. In view of the preparation of such implementing acts, the Commission should consult the European Central Bank.(8) The Commission should be empowered to adopt implementing acts on a set of common indicators of general application in the euro area, which would allow the Member States to effectively monitor and assess the acceptance of payments in cash and access to cash throughout their territory, in all their different regions, including urban and non-urban areas. The common indicators should be developed in a transparent and equitable manner and the indicators should be made public. In view of the preparation of such implementing acts, the Commission should consult the European Central Bank.

Or. en

Amendment 49

Katri Kulmuni

Proposal for a regulation

Recital 8 a (new)

Text proposed by the CommissionAmendment
(8 a) Cash is a particularly resilient and effective means of payment in contingency situations, as it can be used to pay when there is no electricity or internet. It also requires no third party or technology to settle an in-person payment and it is instant. In this respect, it is essential to ensure that Member States are prepared appropriately to respond in different exceptional circumstances where the demand for cash could rapidly increase or cashless payments are significantly disrupted. This could be due to different exceptional situations that may affect both citizens and businesses. These could include military conflicts, geopolitical tensions, natural, environmental or technological disasters, hybrid or cyber-attacks, power outages or several such reasons at the same time. To achieve overall EU resilience in terms of stable circulation and money flow, it is important that all Member States prepare for such scenarios by adopting a cash resilience plan or a combination of measures to respond in exceptional circumstances. Such plans or combinations of measures should, as far as possible, be aligned with existing plans, measures and strategies in place and be in accordance with applicable national law.

Or. en

Justification

Recital 8a clarifies that a Member State is prepared to ensure access to cash or have combinations of measures when electronic payment systems fail or are at serious risk of failing.

Amendment 50

Eero Heinäluoma, Marina Kaljurand, Sven Mikser

Proposal for a regulation

Recital 8 a (new)

Text proposed by the CommissionAmendment
(8 a) Cash is a particularly resilient and effective means of payment in contingency situations, as it can be used to pay when there is no electricity or internet. It also requires no third party or technology to settle an in-person payment and it is instant. In this respect, it is essential to ensure that Member States are prepared appropriately to respond in different exceptional circumstances where the demand for cash could rapidly increase or cashless payments are significantly disrupted. This could be due to different exceptional situations that may affect both citizens and businesses. These could include military conflicts, geopolitical tensions, natural, environmental or technological disasters, hybrid or cyber-attacks, power outages or several such reasons at the same time. To achieve overall EU resilience in terms of stable circulation and money flow, it is important that all Member States prepare for such scenarios by adopting a cash resilience plan or a combination of measures to respond in exceptional circumstances. Such plans or combinations of measures should, as far as possible, be aligned with existing plans, measures and strategies in place and be in accordance with applicable national law.

Or. en

Amendment 51

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Recital 8 a (new)

Text proposed by the CommissionAmendment
(8 a) Cash is a particularly resilient and effective means of payment in contingency situations, as it can be used to pay when there is no electricity or internet. It also requires no third party or technology to settle an in-person payment and it is instant. In this respect, it is essential to ensure that Member States are prepared appropriately to respond in different exceptional circumstances where the demand for cash could rapidly increase or cashless payments are significantly disrupted. This could be due to different exceptional situations that may affect both citizens and businesses. These could include military conflicts, geopolitical tensions, natural, environmental or technological disasters, hybrid or cyber-attacks, power outages or several such reasons at the same time. To achieve overall EU resilience in terms of stable circulation and money flow, it is important that all Member States prepare for such scenarios by adopting a cash resilience plan or a combination of measures to respond in exceptional circumstances. Such plans or combinations of measures should, as far as possible, be aligned with existing plans, measures and strategies in place and be in accordance with applicable national law.

Or. en

Amendment 52

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 7 a (new)

Text proposed by the CommissionAmendment
(7 a) Cash plays a critical role as a reliable and resilient means of payment in the event of electricity and internet outages, cyberattacks or natural disasters such as floods and wild fires which may affect the continuity and availability of digital payment methods. In order to ensure the preparedness and continuity of payments in emergency situations, Member States should establish strategies, communication campaigns and enforce measures to ensure the widest and effective access and distribution of cash in different crisis scenarios.

Or. en

Amendment 53

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Recital 7 a (new)

Text proposed by the CommissionAmendment
(7 a) Cash has an essential role as a payment system in the event of natural or human-made disasters such as floods, wild fires, cyberattacks and internet outages as other digital payment methods are likely not working in the event of a disaster. Member States should set up strategies to ensure efficient distribution and cash management processes adapted to different crisis scenarios.

Or. en

Amendment 54

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Recital 9

Text proposed by the CommissionAmendment
(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.(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.

Or. en

Amendment 55

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Recital 11

Text proposed by the CommissionAmendment
(11) In order to ensure that additional 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 additional exceptions to the principle of mandatory acceptance for the euro area as a whole. The Commission may only adopt such additional 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 additional 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, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted

Or. es

Amendment 56

Markus Ferber

Proposal for a regulation

Recital 11

Text proposed by the CommissionAmendment
(11) In order to ensure that additional 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 additional exceptions to the principle of mandatory acceptance for the euro area as a whole. The Commission may only adopt such additional 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 additional 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, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted

Or. en

Justification

Additional exceptions to the mandatory acceptance of cash should not be introduced via level 2 legislation.

Amendment 57

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 11

Text proposed by the CommissionAmendment
(11) In order to ensure that additional 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 additional exceptions to the principle of mandatory acceptance for the euro area as a whole. The Commission may only adopt such additional 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 additional 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, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted

Or. en

Amendment 58

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Recital 11

Text proposed by the CommissionAmendment
(11) In order to ensure that additional 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 additional exceptions to the principle of mandatory acceptance for the euro area as a whole. The Commission may only adopt such additional 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 additional 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, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted

Or. en

Amendment 59

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Recital 11

Text proposed by the CommissionAmendment
(11) In order to ensure that additional 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 additional exceptions to the principle of mandatory acceptance for the euro area as a whole. The Commission may only adopt such additional 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 additional 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, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.(11) Necessary exceptions to the mandatory acceptance of euro cash, which should be introduced at a later stage, must be granted under the ordinary legislative procedure due to their far-reaching significance for citizens and businesses. The Commission should, however, be empowered to adopt acts in accordance with Article 290 TFEU to ensure the effective enforcement of this Regulation in the Member States and to impose appropriate penalties for infringements. This ability of Member States to adopt, within the scope of their own powers in areas of shared competence, national legislation introducing exceptions to the mandatory acceptance of euro cash pursuant to the essential principle of Article 128 (1) TFEU and 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. Member States must nevertheless ensure that public authorities always enable cash payments to be made for fee-paying services to citizens, and that essential branches of public services, such as water, electricity and telecommunications, always accept cash payments in an effective manner.

Or. de

Amendment 60

Markus Ferber

Proposal for a regulation

Recital 11 a (new)

Text proposed by the CommissionAmendment
(11 a) As the acceptance of cash is a key consideration for many citizens, public entities in particular should accept cash as a means of payments wherever this is possible without undue burden.

Or. en

Amendment 61

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Recital 11 a (new)

Text proposed by the CommissionAmendment
(11a) Public authorities providing public services shall always accept cash payments.

Or. es

Amendment 62

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Recital 12 a (new)

Text proposed by the CommissionAmendment
(12 a) In order to ensure that people and businesses benefit from a wide acceptance network and are able to effectively use the digital euro 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 commercial practices.

Or. en

Amendment 63

Stephen Nikola Bartulica, Nicolas Bay, Diego Solier, Nora Junco García, Marlena Maląg, Geadis Geadi

Proposal for a regulation

Recital 13

Text proposed by the CommissionAmendment
(13) This Regulation ensures full respect for the fundamental right of freedom to conduct a business and the fundamental right of consumer protection enshrined in Article 16 and 38 of the Charter of Fundamental Rights of the European Union respectively. This Regulation concerns the preferred payment method of the currency that has legal tender status, which citizens legitimately may choose to settle their debts. Thus, the 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.(13) This Regulation ensures full respect for the fundamental right of freedom to conduct a business and the fundamental right of consumer protection enshrined in Article 16 and 38 of the Charter of Fundamental Rights of the European Union respectively. This Regulation concerns the preferred payment method of the currency that has legal tender status, which citizens legitimately may choose to settle their debts. Thus, the 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. This Regulation further recognizes that the mandatory acceptance and sufficient access to euro cash contribute to the protection of fundamental rights under the Charter of Fundamental Rights of the European Union, including the right to respect for private and family life (Article 7) and the protection of personal data (Article 8), by enabling anonymous payments that safeguard individual privacy and autonomy, as well as supporting social inclusion for vulnerable groups in line with Article 21 (non-discrimination). Member States should interpret these provisions in a manner that upholds cash as an essential element of monetary freedom.

Or. en

Justification

It reinforces the legal tender status of cash by explicitly linking it to EU fundamental rights under the Charter, ensuring its role in preserving privacy, autonomy, and social inclusion. By mandating Member States' interpretation in line with subsidiarity (Article 5 TEU), it upholds national democratic choices on monetary access, preventing disproportionate digital substitution and aligning with ECR priorities for balanced innovation that complements—rather than erodes—traditional cash usage, as evidenced in the package's impact assessments on vulnerable groups.

Amendment 64

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Recital 14

Text proposed by the CommissionAmendment
(14) The share of cash payments compared to electronic payments is higher for 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. These 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.(14) The share of cash payments compared to electronic or digital payments is higher for 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. These vulnerable groups are more at risk of losing their access to a method of payment if their access to cash deteriorates. Thus, this Regulation complements the Regulation establishing the digital euro in its aim to preserve financial inclusion of vulnerable groups 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.
18 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L151, 7.6.2019, p.70).18 Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L151, 7.6.2019, p.70).

Or. en

Amendment 65

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Recital 14 a (new)

Text proposed by the CommissionAmendment
(14 a) Member States should ensure that the geographical availability of cash withdrawal points remains adequate, including in rural, remote or structurally disadvantaged areas, in order to guarantee that access to euro cash remains universal alongside the introduction of the digital euro.

Or. en

Amendment 66

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the CommissionAmendment
This Regulation lays down detailed rules on the scope and effects of the legal tender of, and access to, euro banknotes and coins, as provided for, respectively, by Article 128(1) TFEU and by Article 11 of Regulation (EC) No 974/98, in order to ensure its effective use as a single currency.This Regulation applies in the Member States whose currency is the euro. It lays down detailed rules on the scope and effects of the legal tender of, and access to, euro banknotes and coins, as provided for, respectively, by Article 128(1) TFEU and by Article 11 of Regulation (EC) No 974/98, in order to ensure its effective use as a single currency.

Or. en

Amendment 67

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 3 – paragraph 1 – point 3 a (new)

Text proposed by the CommissionAmendment
3 a. ‘cash withdrawal points’ means Automated Teller Machines (ATMs) or over the counter cash withdrawal points operated by a credit institution, enabling customers to withdraw cash;

Or. en

Amendment 68

Billy Kelleher

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Text proposed by the CommissionAmendment
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. In this case, the payer and payee do not freely agree to a means of payment for a purchase;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 stipulating in a pre-formulated, non-negotiable, standard form contract. In this case, the payer and payee do not freely agree to a means of payment for a purchase;

Or. en

Amendment 69

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Text proposed by the CommissionAmendment
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. In this case, the payer and payee do not freely agree to a means of payment for a purchase;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.’

Or. en

Amendment 70

Markus Ferber

Proposal for a regulation

Article 3 – paragraph 1 – point 8

Text proposed by the CommissionAmendment
8. ‘enterprise’ means a person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity.8. ‘enterprise’ means a legal person engaged in an economic activity, irrespective of its legal form, including partnerships or associations regularly engaged in an economic activity.

Or. en

Amendment 71

Billy Kelleher, Gilles Boyer

Proposal for a regulation

Article 3 – paragraph 1 – point 8 a (new)

Text proposed by the CommissionAmendment
8 a. ‘provider of essential utilities’ means a provider of an essential good or service including energy, water or telecommunications;

Or. en

Amendment 72

Billy Kelleher, Gilles Boyer

Proposal for a regulation

Article 3 – paragraph 1 – point 8 b (new)

Text proposed by the CommissionAmendment
8 b. ‘retail grocery provider’ means an enterprise that has as its primary economic activity the provision of everyday foodstuffs on a retail basis, excluding catering services and the provision of hot food;

Or. en

Amendment 73

Billy Kelleher, Gilles Boyer

Proposal for a regulation

Article 3 – paragraph 1 – point 8 c (new)

Text proposed by the CommissionAmendment
8 c. ‘microenterprise’ means an enterprise as defined in Article 2 point (3) of the Annex to Commission Recommendation of 6 May 20231a concerning the definition of micro, small and medium-sized enterprises;
1a Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (2003/361/EC), (OJ L 124, 20.5.2003, pp. 36–41 , ELI: http://data.europa.eu/eli/reco/2003/361/oj

Or. en

Amendment 74

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 4 – paragraph 4 a (new)

Text proposed by the CommissionAmendment
(4a) Relative discrimination against cash payments in euros in favour of digital payment methods, whether financial, time-related or via bonus systems, is only permissible for valid reasons and must be proportionate to the additional costs incurred by the payee. The burden of proof to establish the existence of such reasons and proportionality shall lie with the payee. Discrimination against cash may not be made on the basis of contractual agreements with payment service providers.

Or. de

Justification

The possibility of indirect discrimination against cash payments should be addressed. The use of cash is liable to being gradually discouraged through various incentives. Large companies and oligopolies could use bonuses, monetary benefits or time-saving incentives to push for the de facto replacement of cash. The additional costs incurred by the payer should be proportionate to the additional costs incurred by the payee for offering cash rather than digital payments.

Amendment 75

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 4 – paragraph 4 b (new)

Text proposed by the CommissionAmendment
(4b) The obligation to accept and not discriminate against euro cash in favour of digital payment methods also applies to public authorities for fee-paying services to citizens. Public authorities may not exclude or impede cash payments on a de facto basis via organisational requirements or technical procedures.

Or. de

Amendment 76

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the CommissionAmendment
By way of derogation from Article 4(2), a payee shall be entitled to refuse euro banknotes and coins in any of the following cases:By way of derogation from Article 4(2), a payee shall be entitled to refuse euro banknotes and coins when both the following circumstances arise:

Or. es

Amendment 77

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – point a

Text proposed by the CommissionAmendment
(a) where a refusal is made in good faith and where such refusal is based on legitimate and temporary grounds in line with the principle of proportionality in view of concrete circumstances beyond the control of the payee;(a) where a refusal is made in good faith and where such refusal is based on legitimate and temporary grounds in line with the principle of proportionality in view of concrete circumstances beyond the control of the payee; all of these conditions must be fulfilled cumulatively.

Or. de

Justification

Without explicitly stating that these reasons must be cumulative, the payee can rely solely on the argument of ‘proportionality’, which could lead to a situation whereby this Regulation actually contributes to circumventing Article 128 TFEU, which, given the purpose of the Regulation, would have the opposite effect to what was officially intended.

Amendment 78

Fabio De Masi

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – point a

Text proposed by the CommissionAmendment
(a) where a refusal is made in good faith and where such refusal is based on legitimate and temporary grounds in line with the principle of proportionality in view of concrete circumstances beyond the control of the payee;(a) where a refusal is made in good faith and where such refusal is based on legitimate and temporary grounds in line with the principle of proportionality in view of concrete circumstances beyond the control of the payee – all of these conditions must be met simultaneously;

Or. de

Amendment 79

Gilles Boyer, Anouk Van Brug, Stéphanie Yon-Courtin

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – point a

Text proposed by the CommissionAmendment
(a) where a refusal is made in good faith and where such refusal is based on legitimate and temporary grounds in line with the principle of proportionality in view of concrete circumstances beyond the control of the payee;(a) where a refusal is made in good faith and where such refusal is based on legitimate grounds in line with the principle of proportionality in view of concrete circumstances beyond the control of the payee;

Or. en

Amendment 80

Martin Schirdewan, Özlem Demirel, Martin Günther

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – point b

Text proposed by the CommissionAmendment
(b) where, prior to the payment, the payee has agreed with the payer on a different means of payment.(b) where, prior to the payment, the payee has agreed with the payer on a different means of payment, subject to Article 5a.

Or. en

Amendment 81

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – point b

Text proposed by the CommissionAmendment
(b) where, prior to the payment, the payee has agreed with the payer on a different means of payment.(b) where, prior to the payment, the payee has agreed with the payer on a different means of payment, subject to Article 5a.

Or. en

Amendment 82

Markus Ferber

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – point b

Text proposed by the CommissionAmendment
(b) where, prior to the payment, the payee has agreed with the payer on a different means of payment.(b) where, prior to the payment, the payee has agreed with the payer on a different means of payment via contractual terms that have been individually negotiated between payee and payer;

Or. en

Amendment 83

Billy Kelleher

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – point b

Text proposed by the CommissionAmendment
(b) where, prior to the payment, the payee has agreed with the payer on a different means of payment.(b) where, prior to the payment, the payee has agreed with the payer on a different means of payment, including by way of unilateral ex ante exclusion by the payee.

Or. en

Amendment 84

Engin Eroglu

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – point b a (new)

Text proposed by the CommissionAmendment
(b a) where the point of sale is an unmanned point of sale. An unmanned point of sale means a physical device or system via which goods or services are provided directly to the payer by or on behalf of the payee, in return for payment, without the presence of any staff or agents of the payee. This includes vending machines, ticketing machines, parking meters, self-service fuel and charging stations, and other similar systems.

Or. en

Amendment 85

Gilles Boyer, Anouk Van Brug, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – point b c (new)

Text proposed by the CommissionAmendment
(b c) where a point of sale is unmanned and neither the payee nor any person that performs services for the payee is continuously physically present in the public premises.

Or. en

Amendment 86

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – point b a (new)

Text proposed by the CommissionAmendment
(b a) where, prior to the payment, the payee realizes that the characteristics of the banknotes or coins tendered by the payer do not comply with current Union law or that those banknotes or coins are not fit for circulation according to Union law;

Or. en

Amendment 87

Markus Ferber

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – point b a (new)

Text proposed by the CommissionAmendment
(b a) where the transaction is a distance sale.

Or. en

Amendment 88

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1 – point b b (new)

Text proposed by the CommissionAmendment
(b b) where the payer refuses to top up;

Or. en

Amendment 89

Gilles Boyer, Anouk Van Brug, Stéphanie Yon-Courtin

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
For the purposes of point (a), the burden of proof to establish that such legitimate and temporary grounds existed in a particular case and that the refusal was proportionate shall be on the payee.For the purposes of point (a), the burden of proof to establish that such legitimate grounds existed in a particular case and that the refusal was proportionate shall be on the payee.

Or. en

Amendment 90

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 2

Text proposed by the CommissionAmendment
For the purposes of point (a), the burden of proof to establish that such legitimate and temporary grounds existed in a particular case and that the refusal was proportionate shall be on the payee.Payees subject to the obligation to accept cash shall not use contractual terms that have not been individually negotiated or commercial practices which have the objective or the effect to exclude the use of cash by the payers of monetary debts denominated in euros. Such contractual terms or commercial practices shall not be binding on the payer. A contractual term shall be regarded as not 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 contract. For the purposes of point (a), the burden of proof to establish that such legitimate and temporary grounds existed in a particular case and that the refusal was proportionate shall be on the payee; contractual requirements or technical restrictions imposed by third parties – in particular payment service providers or terminal providers – shall not constitute legitimate grounds.

Or. de

Justification

There is no reason not to apply the clear wording of Article 10 of the Regulation on the creation of the digital euro to cash payments as well, in order to ensure that the use of cash is not discouraged in this way.

Amendment 91

Billy Kelleher

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the CommissionAmendment
For the purposes of point (b), a unilateral ex ante exclusion of cash is only justified when the payer is informed in a clear and transparent manner upon entering the payee's establishment or before engaging the services of the payee. The payee should take due account of the accessibility requirements of the payer.

Or. en

Amendment 92

Markus Ferber

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the CommissionAmendment
For the purposes of point (b), 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.

Or. en

Amendment 93

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 2 a (new)

Text proposed by the CommissionAmendment
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.

Or. en

Amendment 94

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 5 – paragraph 2 – point ii a (new)

Text proposed by the CommissionAmendment
(iia) The transaction is executed exclusively via a machine, whereby the latter provides a non-essential service or good – local factors may also play a role here – and excluding cash payments does not appear inappropriate or disproportionate in view of the consideration paid via the machine. Discrimination against cash may thus not be made on the basis of contractual requirements with payment service providers.

Or. de

Justification

‘Local factors’ – such as suddenly discovering that parking meters do not accept cash. Local factors create a certain ‘indispensability’ or a local monopoly that cannot be circumvented, making it essential in certain situations.

Amendment 95

Gilles Boyer, Anouk Van Brug, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 5 – paragraph 2 – point ii a (new)

Text proposed by the CommissionAmendment
ii a. In exceptional cases, if the acceptance of cash payments present significant security risks.

Or. en

Amendment 96

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 1 a (new)

Text proposed by the CommissionAmendment
In all the above cases, the burden of proof shall lie with the beneficiary of the payments.

Or. es

Amendment 97

Billy Kelleher, Gilles Boyer

Proposal for a regulation

Article 5 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2 a. By way of derogation:
(a) paragraph 1 shall not apply in cases where the payee is:
(i) a healthcare provider or pharmacy;
(ii) a public body; or
(iii) a provider of essential utilities;
(b) point (b) of paragraph 1 shall not apply in cases where the payee is a retail grocery provider.

Or. en

Amendment 98

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Article 5 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2a. Suppliers of essential goods and services; service and petrol stations; car park operators; public transport companies; self-service establishments and vending machines must accept cash payments in all cases.

Or. es

Amendment 99

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 5 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2 a. Article 4 is without prejudice to actions taken by the payer or the payee in order to comply with Union law on the prevention of money laundering and terrorist financing.

Or. en

Amendment 100

Billy Kelleher, Gilles Boyer

Proposal for a regulation

Article 5 – paragraph 2 b (new)

Text proposed by the CommissionAmendment
2 b. Member States may apply the derogation in paragraph 2a to additional categories of payee when justified by reasons of public interest.
Member States may decide that paragraph 2a does not apply to payees that are micro enterprises for reasons of proportionality.

Or. en

Amendment 101

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Eero Heinäluoma

Proposal for a regulation

Article 5 a (new)

Text proposed by the CommissionAmendment
Article 5a
Prohibition of ex ante unilateral exclusions of cash
In order to ensure that people and businesses benefit from a wide acceptance network and are able to effectively use the digital euro 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 commercial practices. 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 (e.g. ‘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.

Or. en

Amendment 102

Martin Schirdewan, Özlem Demirel, Martin Günther

Proposal for a regulation

Article 5 a (new)

Text proposed by the CommissionAmendment
Article 5a
Prohibition of the ex-ante unilateral exclusion of payments in euro banknotes and coins
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 that are not based on legitimate and temporary grounds as referred to in Article 5 (1), point (a), which have the object or the effect to exclude the use of euro banknotes and coins by the 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 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 contract.

Or. en

Justification

Payees should be prohibited to use contractual terms that have not been individually negotiated as this would result in undermining the mandatory acceptance by payees and the contractual freedom of payers.

Amendment 103

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 5 a (new)

Text proposed by the CommissionAmendment
Article 5a
Prohibition of the unilateral exclusion of payments in the digital euro
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 (e.g. ‘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.

Or. en

Justification

mirrors provision in digital euro proposal

Amendment 104

Gilles Boyer, Stéphanie Yon-Courtin

Proposal for a regulation

Article 5 a (new)

Text proposed by the CommissionAmendment
Article 5a
Prohibition of unilateral exclusions of payments in 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 which 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.

Or. en

Amendment 105

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Eero Heinäluoma

Proposal for a regulation

Article 5 b (new)

Text proposed by the CommissionAmendment
Article 5b
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 (e.g. ‘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.

Or. en

Amendment 106

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 6

Text proposed by the CommissionAmendment
Article 6deleted
Additional exceptions to the principle of mandatory acceptance of euro banknotes and coins of a monetary law nature
The Commission is empowered to adopt delegated acts in accordance with Article 10 to supplement this Regulation by identifying additional 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.

Or. en

Amendment 107

Markus Ferber

Proposal for a regulation

Article 6

Text proposed by the CommissionAmendment
Article 6deleted
Additional exceptions to the principle of mandatory acceptance of euro banknotes and coins of a monetary law nature
The Commission is empowered to adopt delegated acts in accordance with Article 10 to supplement this Regulation by identifying additional 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.

Or. en

Justification

Additional exceptions to the mandatory acceptance of cash should not be introduced via level 2 legislation.

Amendment 108

Sibylle Berg

Proposal for a regulation

Article 6

Text proposed by the CommissionAmendment
Article 6deleted
Additional exceptions to the principle of mandatory acceptance of euro banknotes and coins of a monetary law nature
The Commission is empowered to adopt delegated acts in accordance with Article 10 to supplement this Regulation by identifying additional 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.

Or. en

Amendment 109

Fabio De Masi

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the CommissionAmendment
The Commission is empowered to adopt delegated acts in accordance with Article 10 to supplement this Regulation by identifying additional 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.deleted

Or. de

Amendment 110

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the CommissionAmendment
The Commission is empowered to adopt delegated acts in accordance with Article 10 to supplement this Regulation by identifying additional 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.deleted

Or. en

Amendment 111

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the CommissionAmendment
The Commission is empowered to adopt delegated acts in accordance with Article 10 to supplement this Regulation by identifying additional 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.deleted

Or. en

Justification

Any additional exemptions should be subject to legislative review.

Amendment 112

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the CommissionAmendment
The Commission is empowered to adopt delegated acts in accordance with Article 10 to supplement this Regulation by identifying additional 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.deleted

Or. es

Amendment 113

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 6 – paragraph 1

Text proposed by the CommissionAmendment
The Commission is empowered to adopt delegated acts in accordance with Article 10 to supplement this Regulation by identifying additional 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.The Commission is empowered to adopt delegated acts in accordance with Article 10 to support Member States in the uniform and effective practical implementation of this Regulation, including the establishment of guidelines on monitoring and enforcement standards, without creating new substantive obligations or penalties. When preparing those delegated acts, the Commission shall consult the European Central Bank.

Or. de

Justification

The implications of exceptions are too significant for citizens and businesses to simply be delegated to the Commission in delegated acts. Instead, the Commission should ensure that the Member States comply this rather tame and vaguely worded regulation, and adopt delegated acts to that end. It should enforce them without the EP’s help, not water them down. The provision of cash is as important as the provision of stairs for a building with a lift.

Amendment 114

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the CommissionAmendment
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 urban and non-urban areas, on the basis of the common indicators adopted by the Commission and shall assess the situation.1. 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 cash and the non-compliance with the prohibition of ex ante unilateral exclusions of cash throughout their territory, in all their different regions, including the outermost regions, in both urban and non-urban areas, in particular sparsely populated and should take immediate remedial measures.

Or. en

Amendment 115

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the CommissionAmendment
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 urban and non-urban areas, on the basis of the common indicators adopted by the Commission and shall assess the situation.1. In order to ensure the acceptance of cash in accordance with Article 4(2), Member States shall on a regular basis monitor the acceptance of payments in cash and the non-compliance with the prohibition of ex ante unilateral exclusions of payments in 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 and shall assess the situation.

Or. en

Amendment 116

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the CommissionAmendment
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 urban and non-urban areas, on the basis of the common indicators adopted by the Commission and shall assess the situation.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 urban and non-urban areas, on the basis of the common indicators drafted in accordance with Article 9(2) and shall assess the situation.

Or. en

Amendment 117

Sibylle Berg

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the CommissionAmendment
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 urban and non-urban areas, on the basis of the common indicators adopted by the Commission and shall assess the situation.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 ex ante unilateral exclusion of payments in 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 and shall assess the situation.

Or. en

Amendment 118

Fabio De Masi

Proposal for a regulation

Article 7 – paragraph 1

Text proposed by the CommissionAmendment
(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 urban and non-urban areas, on the basis of the common indicators adopted by the Commission and shall assess the situation.(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 ex ante unilateral exclusions of payments in 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 and shall assess the situation.

Or. de

Amendment 119

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 7 – paragraph 2

Text proposed by the CommissionAmendment
2. Member States shall notify the results of their monitoring and assessment of the situation as regards the level of acceptance of payments in cash in accordance with Article 9(3).2. 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).

Or. en

Amendment 120

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the CommissionAmendment
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).3. If a Member State determines, in accordance with the criteria laid down in Article 7(3a), inter alia, 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).

Or. es

Amendment 121

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the CommissionAmendment
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).3. If a Member State considers that the mandatory acceptance of payments in cash in their territory or parts thereof is undermined, it shall set out the remedial measures it commits to take in accordance with Article 9(4).

Or. en

Amendment 122

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the CommissionAmendment
(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).(3) Complaints to the competent national supervisory authority within the meaning of Article 9 shall be investigated independently by that authority and, in clearly defined and minor cases, the authority shall endeavour to provide a prompt and appropriate remedy. 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).

Or. de

Justification

Other authorities are often equipped and encouraged by the EU to gather such complaints and then take immediate action. Why should this authority only monitor in silence, especially given the importance of cash? Minor problems could be addressed quickly without waiting years for reports, further reports, proposals and then – only possibly – action. This would also have a more immediate deterrent effect, preventing certain issues from escalating in the first place.

Amendment 123

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 7 – paragraph 3

Text proposed by the CommissionAmendment
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).3. If a Member State considers, on the basis of their monitoring and assessment, 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).

Or. en

Amendment 124

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Article 7 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3a. Member States shall, in any event, take appropriate corrective action where, in the course of their monitoring, they identify any of the following circumstances:
(a) cash not being accepted by at least 99 % of enterprises and public service providers in part or all of their territory;
(b) the absence of sufficient statistical records to draw conclusions on the acceptance of cash in a sector or the economy as a whole;
(c) cash payments being subject to a longer waiting time than for digital payments in at least 5 % of recorded cases.

Or. es

Amendment 125

Stephen Nikola Bartulica, Diego Solier, Nora Junco García, Marlena Maląg, Geadis Geadi

Proposal for a regulation

Article 7 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3 a. Member States shall, as part of the remedial measures under paragraph 3, promote public awareness campaigns to educate citizens on the benefits of cash payments, including privacy, reliability, and financial inclusion, with a focus on vulnerable groups such as the elderly and low-income populations.

Or. en

Justification

This amendment requires Member States to launch targeted public awareness campaigns on cash's benefits—privacy via anonymity, reliability in disruptions, and inclusion for vulnerable groups—as part of remedial actions to ensure sufficient cash access and acceptance. It promotes subsidiarity by empowering national authorities to tailor initiatives, countering digital-only trends that risk excluding elderly, low-income, or rural populations, in line with the package's objectives on financial inclusion (as highlighted in the Q&A factsheet and impact assessments).

Amendment 126

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 7 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3 a. Member States shall take measures to ensure the continued presence of sufficient cash acceptance points, including through requirements for essential service providers or public bodies to accept euro cash.

Or. en

Amendment 127

Stephen Nikola Bartulica, Diego Solier, Nora Junco García, Marlena Maląg, Geadis Geadi

Proposal for a regulation

Article 7 – paragraph 3 b (new)

Text proposed by the CommissionAmendment
3 b. To ensure widespread acceptance, Member States may introduce fiscal incentives, such as tax deductions or grants, for enterprises that maintain cash acceptance infrastructure, provided these measures do not distort the internal market and are notified to the Commission in accordance with Article 108 TFEU.

Or. en

Justification

This amendment enables Member States to offer voluntary fiscal incentives for cash-accepting businesses, promoting widespread acceptance under subsidiarity while respecting internal market rules (Article 108 TFEU notification). It counters unilateral "no-cash" policies eroding consumer choice and privacy.

Amendment 128

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 7 a (new)

Text proposed by the CommissionAmendment
Article 7a
Integrated Merchandise Vending Systems
1. Due to the mechanical and security constraints inherent in automated merchandise dispensing, Integrated Merchandise Vending Systems in unmanned points of sale may be exempted from legal tender acceptance requirements.
2. "Integrated Merchandise Vending System" means an automated retail device in which:
(a) the saleable goods are physically contained within or form an integral part of the payment-accepting apparatus;
(b) the device automatically dispenses, releases, or provides access to the goods upon successful payment processing;
(c) products are loaded into the device in advance;
(d) the device operates without human intervention at the time of transaction.
3. The definition referred to in the previous paragraph shall not include:
(a) self-checkout systems on any unmanned retail premises or points of sale, unless a cash payment option exists;
(b) kiosks that dispense only tickets, receipts, or digital access codes;
(c) fuel dispensers or utility payment terminals;
(d) payment terminals located within otherwise staffed retail environments".

Or. en

Amendment 129

Markus Ferber

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the CommissionAmendment
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 and shall assess the situation.1. Member States shall ensure effective access to cash throughout their territory, in all their different regions, including urban and non-urban areas. In order to ensure 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 and shall assess the situation continuously.

Or. en

Amendment 130

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the CommissionAmendment
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 and shall assess the situation.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 drafted in accordance with Article 9(2) and shall assess the situation.

Or. en

Amendment 131

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the CommissionAmendment
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 and shall assess the situation.1. Member States shall ensure sufficient and effective access to cash withdrawal points 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, which shall include:
a) the access to ATMs including the geographical distance by road and public transport and the number of ATMs in relation to population density;
b) the availability of ATMs for cash deposits and cash funding of digital euro accounts;
c) the availability of banknotes of different values at ATMs;
d) the availability of cash services over the counter including opening hours of bank branches;
e) the accessibility of ATMs and bank branches in line with the EU Accessibility Act; and
f) charges for cash services at ATMs and over the counter.

Or. en

Amendment 132

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the CommissionAmendment
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 and shall assess the situation.1. Member States shall take the necessary measures to ensure and maintain sufficient and effective access to cash throughout their territory, in all their different regions, including urban and non-urban areas, including in areas where consumers demand is low. 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 and shall assess the situation.
Common indicators shall include at least the following criteria:
(a) the minimal number of ATMs in relation to population density;
(b) the access to ATMs including the geographical distance by road and public transport;
(c) the availability of ATMs for cash deposits and cash funding of digital euro accounts;
(d) the availability of banknotes of different values at ATMs;
(e) the availability of cash services over the counter including opening hours of bank branches;
(f) the accessibility of ATMs and bank branches in line with the EU Accessibility Act;
(g) charges for cash services at ATMs and over the counter.
Member States shall put in place and maintain operational contingency plans to ensure sufficient and effective access to cash, including in areas with lower consumer demand, in emergency situations where there is a disruption of the continuity of digital payments or a credible and imminent risk of disruption that affects or threatens to affect, in whole or in part, a Member State or the euro area.

Or. en

Amendment 133

Pasquale Tridico

Proposal for a regulation

Article 8 – paragraph 1

Text proposed by the CommissionAmendment
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 and shall assess the situation.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, paying particular attention to the needs of vulnerable groups, such as older persons, persons with disabilities, people with low income or low digital skills, unbanked persons and persons with a migrant background. 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 and shall assess the situation.

Or. en

Amendment 134

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
(1a) Member States shall ensure that the basic services relevant to this Regulation, which banks are required to provide under Article 17 of Directive 2014/92/EU (the Payment Accounts Directive), namely cash payments as well as the possibility for citizens to deposit banknotes and businesses to deposit banknotes and coins, are guaranteed nationwide, effectively and without imposing disproportionate time-related, financial or other burdens. If banks continue to fail to achieve sufficient coverage, Member States must introduce an additional network of ATMs providing cash withdrawal and deposit services, financed by all banks, including online banks, with mandatory contributions based on their numbers of national customer, in order to ensure the blanket availability of an easily accessible supply of cash in sufficient amounts for citizens and businesses.

Or. de

(Directive 2014/92/EU, Article 17)

Justification

The recent case of Oberbank in Austria, which completely stopped supplying cash and referred customers to supermarkets, stands in contrast to Directive 2014/92 and should serve as a warning. Additional cash machines, financed by all banks, could provide a solution a regional level, since the supply of cash (including coins) to citizens and businesses is important for citizens and their individual freedom. Furthermore, it should be seen as an obligation incumbent on banks to ensure sufficient supply: it is up to banks to create money, not supermarkets.

Amendment 135

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Eero Heinäluoma

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1 a. 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 is still guaranteed after the closure of the bank branch or ATM. They shall notify their findings to the national competent authority in writing. Where gaps in the access to cash appear, the provider responsible for the closure shall take remedial measures to maintain efficient access to cash.

Or. en

Amendment 136

Markus Ferber

Proposal for a regulation

Article 8 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
1 a. Maintaining an effective access to cash shall also encompass ensuring the maintenance of an adequate network of automated teller machines that allow for cash withdrawals and cash deposits, whereby the card-issuing credit institutions must ensure compliance with the anti-money-laundering customer due-diligence measures with respect to the users of such automated teller machines.

Or. en

Justification

A broad and accessible infrastructure for cash withdrawals and cash deposits at ATMs is essential to ensure the continued acceptance of cash by merchants and to safeguard effective access to cash for consumers.

Amendment 137

Markus Ferber

Proposal for a regulation

Article 8 – paragraph 1 b (new)

Text proposed by the CommissionAmendment
1 b. In order to ensure sufficient incentives to operate ATMs, Member States shall ensure that ATM operators have the option to agree on a transaction charge with the user of the ATM (cardholder). The transaction charge shall be displayed by the ATM transparently and that cardholder shall have the option to cancel free of charge before the transaction is made. In case of a transaction charge from the cardholder no additional fee shall be charged to the card-issuing credit institution for the transaction to avoid double charging by the ATM operator.

Or. en

Justification

Excluding/capping transaction charges would constitute an excessive interference in national legislation and contractual autonomy while removing the necessary incentives to continue operating ATMs and to invest in new ATMs.

Amendment 138

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 8 – paragraph 1 b (new)

Text proposed by the CommissionAmendment
1 b. Member States shall set up strategies to guarantee sufficient and effective access to cash in the event of a natural or human-made disaster.

Or. en

Amendment 139

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Eero Heinäluoma

Proposal for a regulation

Article 8 – paragraph 1 c (new)

Text proposed by the CommissionAmendment
1 c. Member States shall ensure that retailers subject to the principle of mandatory cash acceptance under this Regulation, offer to consumers cash withdrawals without a purchase up to EUR 150. This possibility, however, shall not be considered by Member States to satisfy access to cash requirements under paragraph 1 of this Article.

Or. en

Amendment 140

Markus Ferber

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the CommissionAmendment
3. If a Member State considers that sufficient and effective access to cash is not ensured, it shall set out the remedial measures it commits to take in accordance with Article 9(4).3. If a Member State considers 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).

Or. en

Amendment 141

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 8 – paragraph 3

Text proposed by the CommissionAmendment
3. If a Member State considers that sufficient and effective access to cash is not ensured, it shall set out the remedial measures it commits to take in accordance with Article 9(4).3. If a Member State considers, on the basis of their monitoring and assessment, that sufficient and effective access to cash is not ensured, it shall set out the remedial measures it commits to take in accordance with Article 9(4).

Or. en

Amendment 142

Stephen Nikola Bartulica, Diego Solier, Nora Junco García, Marlena Maląg, Geadis Geadi

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3 a. Member States shall encourage retailers to provide cash-back services at points of sale as a means to enhance cash circulation, including through voluntary guidelines or partnerships with payment providers, with monitoring integrated into the annual reports under Article 13.

Or. en

Justification

This amendment encourages cash-back services at retailers to improve decentralized cash access and circulation, drawing on successful national practices highlighted in the impact assessment (SWD(2023)233). It supports subsidiarity through voluntary measures and monitoring, while promoting financial inclusion and regional equity in cash-dependent areas.

Amendment 143

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3 a. Member States shall ensure that adequate measures are in place to raise awareness among the public about the right to use cash as legal tender and the available means to access cash services.

Or. en

Amendment 144

Fabio De Masi

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
(3a) Bank customers can withdraw cash at least four times a month free of charge from the institutions at which they are customers.

Or. de

Amendment 145

Sibylle Berg

Proposal for a regulation

Article 8 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
3 a. Cash withdrawals are free of charge for customers at the credit institutions where they hold accounts, at least once a week.

Or. en

Amendment 146

Stephen Nikola Bartulica, Diego Solier, Nora Junco García, Marlena Maląg, Geadis Geadi

Proposal for a regulation

Article 8 – paragraph 3 b (new)

Text proposed by the CommissionAmendment
3 b. Member States shall require credit institutions and payment service providers to obtain prior approval from the designated national competent authority before removing or relocating ATMs, based on an assessment demonstrating no adverse impact on local cash access, particularly in underserved areas.

Or. en

Justification

This amendment mandates prior national approval for ATM removals/relocations, ensuring assessments protect cash access in underserved/rural areas without undue private sector reductions. It upholds subsidiarity through Member State authorities, financial inclusion, and preventing erosion of cash's legal tender role amid digital shifts.

Amendment 147

Stephen Nikola Bartulica, Diego Solier, Nora Junco García, Marlena Maląg, Geadis Geadi

Proposal for a regulation

Article 8 – paragraph 3 c (new)

Text proposed by the CommissionAmendment
3 c. Member States shall establish and maintain minimum standards for the density and geographic coverage of ATMs and other cash withdrawal points, such as a specified number per population unit or geographic area, differentiated between urban and non-urban regions to ensure equitable access. Where monitoring under paragraph 2 reveals deficiencies in meeting these standards, Member States shall enforce compliance through penalties laid down in accordance with Article 12.

Or. en

Justification

This amendment requires Member States to set tailored minimum standards for ATM density and geographic coverage, differentiated by urban/rural areas, to guarantee equitable cash access across the territory. It directly addresses the declining cash infrastructure highlighted in the proposal's recitals (e.g., recital 7) and impact assessments, while fully respecting subsidiarity by leaving implementation and enforcement to national authorities.

Amendment 148

Stephen Nikola Bartulica, Diego Solier, Nora Junco García, Marlena Maląg, Geadis Geadi

Proposal for a regulation

Article 8 – paragraph 3 d (new)

Text proposed by the CommissionAmendment
3 d. Member States shall oblige payment service providers to integrate cash access obligations into their licensing conditions, ensuring maintenance of services unless justified by exceptional circumstances, with oversight by national authorities and reporting to the Commission.

Or. en

Justification

This amendment requires Member States to incorporate cash access obligations into PSP licensing conditions, preventing unjustified reductions in services and ensuring oversight. It directly supports the proposal's financial inclusion objectives (recital 3) and cash access safeguards, while respecting subsidiarity through national implementation.

Amendment 149

Katri Kulmuni

Proposal for a regulation

Article 8 a (new)

Text proposed by the CommissionAmendment
Article 8a
Resilience of cash
Member States shall ensure a cash resilience plan or combination of measures is established in order to ensure access to cash in situations where there is widespread and severe disruption of the continuity of electronic 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 combination of measures shall include different scenarios and address the risk of each scenario. If the national central bank is not the authority or one of the authorities responsible to prepare the plan or measures, it shall be consulted on any measures requiring its involvement.

Or. en

Justification

Article 8a clarifies that a Member State is prepared to ensure access to cash or have combinations of measures when electronic payment systems fail or are at serious risk of failing.

Amendment 150

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 8 a (new)

Text proposed by the CommissionAmendment
Article 8a
Resilience of cash
Member States shall ensure a cash resilience plan or combination of measures is established in order to ensure access to cash in situations where there is widespread and severe disruption of the continuity of electronic 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 combination of measures shall include different scenarios and address the risk of each scenario. If the national central bank is not the authority or one of the authorities responsible to prepare the plan or measures, it shall be consulted on any measures requiring its involvement.

Or. en

Amendment 151

Eero Heinäluoma, Marina Kaljurand, Sven Mikser

Proposal for a regulation

Article 8 a (new)

Text proposed by the CommissionAmendment
Article 8a
Member States shall ensure a cash resilience plan or combination of measures is established in order to ensure access to cash in situations where there is widespread and severe disruption of the continuity of electronic 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 combination of measures shall include different scenarios and address the risk of each scenario. If the national central bank is not the authority or one of the authorities responsible to prepare the plan or measures, it shall be consulted on any measures requiring its involvement.

Or. en

Amendment 152

Jussi Saramo

Proposal for a regulation

Article 8 a (new)

Text proposed by the CommissionAmendment
Article 8a
Cash resilience plan
To ensure the availability of cash and access to it during severe disruption to the electronic payment system, or where there is a credible risk of such disruption, Member States shall have a cash resilience plan in place. This plan shall include various scenarios and address the risks present in each one.

Or. en

Amendment 153

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Article 8 a (new)

Text proposed by the CommissionAmendment
Article 8a
Measures to ensure access to cash
To provide sufficient access to cash, Member States shall:
(a) ensure that cash machines always offer the option of depositing cash;
(b) push for the existence of at least one cash machine in all municipalities or sub-municipalities with a population of 1 000 or more;
(c) ensure that cash deposits and withdrawals are offered free of charge in all cases;
(d) promote that at least 90 % of the urban population and 80 % of the rural population has access to at least one ATM within a radius of two kilometres.

Or. es

Amendment 154

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the CommissionAmendment
(1) With a view to implementing the obligations set out in Articles 7 and 8, Member States shall 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.(1) With a view to implementing the obligations set out in Articles 7 and 8, Member States shall designate one competent authority 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. Above and beyond the other requirements of this Article, this authority shall have the necessary resources and powers to enable it to receive complaints from citizens about possible breaches of the provisions of this Regulation, to record them in a standardised manner, to process them in a timely manner and to follow them up where necessary. The authority shall also ensure that channels for complaints are easily accessible, transparent and clearly understandable for citizens and businesses.

Or. de

Justification

Having multiple authorities only leads to unnecessary chaos and bureaucracy for citizens, complaints, the Commission, reports, etc. The authority should also be able to record complaints in a standardised manner and, if possible, resolve them and issue sanctions, provided that the problem is manageable. The gathering of information on infractions should also be outsourced in part, as without information from the public/businesses, dangerous developments cannot be identified in a timely or sufficient manner. The quality of statistics is dependent upon the quality of data collection.

Amendment 155

Fabio De Masi

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the CommissionAmendment
(1) With a view to implementing the obligations set out in Articles 7 and 8, Member States shall 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.(1) With a view to implementing the obligations set out in Articles 7 and 8, Member States shall designate one national competent authority 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.

Or. de

Amendment 156

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the CommissionAmendment
2. For the purposes of Articles 7 and 8, the Commission shall adopt implementing acts of general application on a set of common indicators Member States shall use to monitor and assess the acceptance of payments in cash and access to cash 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.2. For the purposes of Articles 7 and 8, the ECB and the Commission shall jointly adopt guidelines to define a set of common indicators to be used by Member States shall use to monitor and assess the acceptance of payments in cash and access to cash throughout their territory, in all their different regions, including urban and non-urban areas. Those guidelines shall be published [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 guidelines, the ECB and Commission shall consult national central banks.

Or. en

Amendment 157

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the CommissionAmendment
2. For the purposes of Articles 7 and 8, the Commission shall adopt implementing acts of general application on a set of common indicators Member States shall use to monitor and assess the acceptance of payments in cash and access to cash 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.2. For the purposes of Articles 7 and 8, the Commission shall, by means of delegated act, establish a set of common indicators which Member States shall use to ensure effective access to cash throughout their territory as well as to monitor and assess the acceptance of payments in cash and access to cash throughout their territory, in all their different regions, including urban and non-urban areas. Those delegated acts shall be adopted [within X months after the entry into force of this Regulation] in accordance with Article 10. When preparing those delegated acts, the Commission shall consult the European Central Bank.

Or. en

Amendment 158

Markus Ferber

Proposal for a regulation

Article 9 – paragraph 2

Text proposed by the CommissionAmendment
2. For the purposes of Articles 7 and 8, the Commission shall adopt implementing acts of general application on a set of common indicators Member States shall use to monitor and assess the acceptance of payments in cash and access to cash 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.2. For the purposes of Articles 7 and 8, the Commission shall adopt delegated acts of general application on a set of common indicators Member States shall use to monitor and assess the acceptance of payments in cash and access to cash throughout their territory, in all their different regions, including urban and non-urban areas. Those delegated acts shall be adopted within 12 months after the entry into force of this Regulation in accordance to Article 10. When preparing those delegated acts, the Commission shall consult the European Central Bank.

Or. en

Amendment 159

Sibylle Berg

Proposal for a regulation

Article 9 – paragraph 1

Text proposed by the CommissionAmendment
1. With a view to implementing the obligations set out in Articles 7 and 8, Member States shall 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.1. With a view to implementing the obligations set out in Articles 7 and 8, Member States shall designate one national competent authority 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.

Or. en

Amendment 160

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 9 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
(2a) The indicators and their systems for recording cash availability and acceptance must not be designed in such a way as to encourage negative feedback, that is to say they must not systematically lead to a gradual reduction in the cash supply deemed ‘necessary’ or the lower threshold for cash usage deemed ‘critical’. The review of cash acceptance must also be carried out in a suitably sector-specific manner. Key areas for the payment of public services or essential everyday goods must be specifically recorded. Similarly, relative disadvantages of cash use in comparison to digital payment methods and spatial, quantitative or temporal barriers to cash availability must be recorded, including indirect factors that may give rise to a de facto disadvantage for cash.

Or. de

Justification

It might be useful to define some important points and not leave this entirely up to the Commission. Negative feedback effects due to the type of recording are to be avoided: banks reduce the number of cash machines, make access to cash more difficult, and then statistics tell us that people are using less cash, then the ‘required’ amount is reduced again – a race to the bottom. Some important industry-specific insights could also be useful, as could indirect influences on the acceptance and availability of cash.

Amendment 161

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 9 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2 a. For the purposes of Articles 7 and 8, a Member State may use in its annual report, in addition to common indicators, specific indicators in order to present more detailed information on the specificities of its territory, regions and urban areas. These specific indicators shall allow for a common approach to the assessment and comparability of data.

Or. en

Amendment 162

Billy Kelleher

Proposal for a regulation

Article 9 – paragraph 2 a (new)

Text proposed by the CommissionAmendment
2 a. The Commission shall prepare these implementing acts in a transparent and equitable manner. The Commission and Member States shall make the common indicators public and easily accessible.

Or. en

Amendment 163

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the CommissionAmendment
(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, 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.(3) The designated national competent authority 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, and shall publish that report in a manner appropriate to ensure transparency and public accountability.

Or. de

Amendment 164

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the CommissionAmendment
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 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.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.

Or. en

Amendment 165

Markus Ferber

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the CommissionAmendment
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 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.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 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 come with a binding timeline and clear milestones. The remedial measures shall enter into force without undue delay.

Or. en

Amendment 166

Fabio De Masi

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the CommissionAmendment
(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 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.(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 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 include the installation of ATMs by the respective national central bank. The remedial measures shall enter into force without undue delay.

Or. de

Amendment 167

Markus Ferber

Proposal for a regulation

Article 9 – paragraph 5

Text proposed by the CommissionAmendment
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 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 11.5. 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 a Member State is not in line 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.

Or. en

Amendment 168

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 9 – paragraph 5

Text proposed by the CommissionAmendment
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 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 11.5. 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 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. When preparing those implementing acts, the Commission should consult the European Central Bank.

Or. en

Amendment 169

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher

Proposal for a regulation

Article 10

Text proposed by the CommissionAmendment
Article 10deleted
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
3. The power to adopt delegated acts referred to in Article 6 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 6 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.

Or. en

Amendment 170

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Article 10

Text proposed by the CommissionAmendment
Article 10deleted
Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].
3. The power to adopt delegated acts referred to in Article 6 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Article 6 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of one month of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by one month at the initiative of the European Parliament or of the Council.

Or. es

Amendment 171

Markus Ferber

Proposal for a regulation

Article 10 – paragraph 2

Text proposed by the CommissionAmendment
2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].2. The power to adopt delegated acts referred to in Article 6 shall be conferred on the Commission for five years from [date of entry into force of this Regulation].

Or. en

Amendment 172

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the CommissionAmendment
Member States shall lay down the rules on penalties [including financial penalties and non-criminal fines] applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 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.National laws, regulations and administrative provisions shall lay down the administrative sanctions and other administrative measures in respect of the breaching or circumvention of this Regulation. In accordance with Regulation (EU) [please insert reference – proposal for a Regulation on payment services in the internal market and amending Regulation (EU) No 1093/2010 - COM(2023) 367 final], Article 96, Article 97 (2) – (4), 98, 99, 100, 101, 102 and 103 of that Regulation shall apply as rules on penalties applicable to infringements of this Regulation. 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.

Or. en

Amendment 173

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the CommissionAmendment
Member States shall lay down the rules on penalties [including financial penalties and non-criminal fines] applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 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.Member States shall lay down the rules on penalties [including financial penalties and non-criminal fines] applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive and must in any event impose financial sanctions for infringements entailing the ex ante exclusion of cash payments by retailers or the de facto and substantial discrimination against cash payments vis-à-vis digital payments. The Commission shall set out non-binding guidelines on minimum requirements for national penalties for typical categories of infringements and may adopt delegated acts pursuant to Article 6 to that end. 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.

Or. de

Amendment 174

Fabio De Masi

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the CommissionAmendment
Member States shall lay down the rules on penalties [including financial penalties and non-criminal fines] applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 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.Member States shall lay down the rules on penalties [including financial penalties and non-criminal fines] applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. This applies in particular to sanctions against the unilateral and disproportionate refusal of cash, namely a sign on the shop door or similar measures. 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.

Or. de

Amendment 175

Sibylle Berg

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the CommissionAmendment
Member States shall lay down the rules on penalties [including financial penalties and non-criminal fines] applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. 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.Member States shall lay down the rules on penalties [including financial penalties and non-criminal fines] applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. This applies in particular to penalties against the unilateral and disproportionate refusal of cash with a sign on the shop door or similar measures. The respective national regulations for the acceptance of coins 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.

Or. en

Amendment 176

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 12 – paragraph 1 a (new)

Text proposed by the CommissionAmendment
Member States shall ensure that when penalties are to be imposed, they include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4 % of the annual turnover of the payee, credit institution or non-credit institution involved of an infringement of this Regulation.

Or. en

Amendment 177

Sibylle Berg

Proposal for a regulation

Article 13 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
1. Member States shall submit on an annual basis a report to the Commission and the European Central Bank including information on the following aspects:1. Member States shall submit on an annual basis a report to the Commission and the European Central Bank, which shall be freely accessible on the Internet in both the national language and in English and contain information on the following aspects:

Or. en

Amendment 178

Fabio De Masi

Proposal for a regulation

Article 13 – paragraph 1 – introductory part

Text proposed by the CommissionAmendment
(1) Member States shall submit on an annual basis a report to the Commission and the European Central Bank including information on the following aspects:(1) Member States shall submit on an annual basis a report to the Commission and the European Central Bank, which must be freely accessible on the internet in both the national language and English, including information on the following aspects:

Or. de

Amendment 179

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 13 – paragraph 3 a (new)

Text proposed by the CommissionAmendment
(3a) All statistical analyses on the acceptance and availability of cash which have been presented in detail or in summary form in these reports must be freely accessible on the internet in the respective national language and in English. The methods for statistical collection and evaluation must be explained in detail. Similarly, all complaints submitted to the competent national supervisory authority referred to in Article 9 must be listed in a manner compliant with data protection requirements, including a sufficient description of the outcome of the subsequent investigation and the how successfully this Regulation has been enforced in the event of an infringement. This information shall be made available on an EU website.

Or. de

Justification

Recent years have revealed repeated and serious shortcomings in the integrity and quality of assessments made by central authorities. To ensure that these authorities are subject to proper public scrutiny and fulfil the EU’s and scientific community's requirements for transparency, the quantitative methods used to make statements in the reports should be verifiable, as should the complaints and the authority's commitment.

Amendment 180

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 14 – title

Text proposed by the CommissionAmendment
Duty of Member States to inform about remediesRemedies

Or. en

Amendment 181

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the CommissionAmendment
Member States shall provide natural persons and enterprises 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.Member States shall provide natural persons and enterprises 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 must be easily accessible, comprehensible and available in English as well as in the national language.

Or. de

Amendment 182

Sibylle Berg

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the CommissionAmendment
Member States shall provide natural persons and enterprises 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.Member States shall provide natural persons and enterprises 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.

Or. en

Amendment 183

Fabio De Masi

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the CommissionAmendment
Member States shall provide natural persons and enterprises 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.Member States shall provide natural persons and enterprises 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.

Or. de

Amendment 184

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the CommissionAmendment
Member States shall provide natural persons and enterprises 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.Member States shall lay down the rules on remedies applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The remedies provided for shall be effective and proportionate. 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. Member States shall provide natural persons and enterprises 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.

Or. en

Amendment 185

Jorge Martín Frías, Jorge Buxadé Villalba, Mireia Borrás Pabón, Margarita de la Pisa Carrión, Hermann Tertsch, Juan Carlos Girauta Vidal

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the CommissionAmendment
Member States shall provide natural persons and enterprises 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.Member States shall provide natural persons and enterprises 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. Member States shall establish a central authority which shall serve as a contact point for complaints regarding payment or cash deposit refusals.

Or. es

Amendment 186

Markus Ferber

Proposal for a regulation

Article 14 – paragraph 1

Text proposed by the CommissionAmendment
Member States shall provide natural persons and enterprises 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.Member States shall provide natural persons and enterprises with clear and easily accessible 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.

Or. en

Amendment 187

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 15 – paragraph 2

Text proposed by the CommissionAmendment
2. Payees of a monetary debt denominated in euro shall accept payments in euro banknotes and coins according to the provisions of this Regulation, irrespective of whether they accept payments in digital euro in accordance with Regulation [XXX on the establishment of the digital euro]. Where the acceptance of euro banknotes and coins and the digital euro is mandatory in accordance with the provisions of this Regulation and Regulation (XXX on the establishment on the Digital Euro), the payer is entitled to choose the means of payment2. 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 a future 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.

Or. en

Amendment 188

Nikos Papandreou, Evelyn Regner, Aurore Lalucq, Carla Tavares, Jonás Fernández, Thomas Bajada, Matthias Ecke, Eero Heinäluoma

Proposal for a regulation

Article 15 a (new)

Text proposed by the CommissionAmendment
Article 15a
Amendment to Directive (EU) 2020/1828
In Annex I the following point is added: ‘(68) Regulation (EU) 20../…. of the European Parliament and of the Council on the legal tender of euro banknotes and coins (OJ L[…], [……….], [p. ..]).’

Or. en

Justification

Consumers should be able to collectively defend their right to access to cash and cash acceptance. Therefore, this legislative proposal should be included in the annex of files covered by the Representative Action Directive.

Amendment 189

Markus Ferber

Proposal for a regulation

Article 16 – paragraph 1

Text proposed by the CommissionAmendment
By [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.By [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 legislative proposals where appropriate.

Or. en