Sittings · Document

Draft report (COM(2023)0369 – C9-0219/2023 – 2023/0212(COD)) 2025-12-19

Establishment of the digital euro

Committee on Economic and Monetary Affairs

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AM_Com_LegReport

Amendment 1153

Sibylle Berg

Proposal for a regulation

Article 25 - title

Text proposed by the Commission

Amendment

Article 25

deleted

European Digital Identity Wallets

Or. en

Justification

The EDIW does not foresee payments and 'payment service providers' are not mentioned in eIDAS.

Amendment 1154

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 25 - title

Text proposed by the Commission

Amendment

Article 25

deleted

European Digital Identity Wallets

Or. en

Amendment 1155

Sibylle Berg

Proposal for a regulation

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

1. Front-end services shall be interoperable with or integrated in the European Digital Identity Wallets.

deleted

Or. en

Justification

The EDIW does not foresee payments and 'payment service providers' are not mentioned in eIDAS.

Amendment 1156

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

1. Front-end services shall be interoperable with or integrated in the European Digital Identity Wallets.

deleted

Or. en

Amendment 1157

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 25 – paragraph 1

Text proposed by the Commission

Amendment

1. Front-end services shall be interoperable with or integrated in the European Digital Identity Wallets.

1. Authentication for digital euro services, such as for the purposes of onboarding users and authorising transactions, shall be possible with the European Digital Identity Wallets ('EUDI wallet').

Or. en

Amendment 1158

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 25 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. Member States shall ensure that the European Digital Identity Wallets support the digital euro payment functionality in accordance with the rules, standards and processes established by the European Central Bank.

Or. en

Amendment 1159

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

2. On request by digital euro users, payment service providers distributing the digital euro shall ensure that those users can rely on the functionalities of their European Digital Identity Wallets in accordance with Article 6a of Regulation (EU) [please insert reference – proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity – COM(2021) 281 final];

deleted

Or. en

Amendment 1160

Sibylle Berg

Proposal for a regulation

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

The EDIW does not foresee payments and 'payment service providers' are not mentioned in eIDAS.

Amendment 1161

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 25 – paragraph 2

Text proposed by the Commission

Amendment

2. Payment service providers providing digital euro payment services shall offer their users the possibility to rely on the functionalities of their European Digital Identity Wallets in accordance with Article 5a of Regulation (EU) [please insert reference – proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 910/2014 as regards establishing a framework for a European Digital Identity – COM(2021) 281 final];

Or. en

Amendment 1162

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 25 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. Payment services providers shall offer their users the possibility of integrating their digital euro payment account in their EUDI Wallet;

Or. en

Justification

This would allow users to use the EUDI Wallet in their mobile with strong privacy safeguards, as an alternative to current digital wallet services for contactless payment such as Apple Pay or Google Pay

Amendment 1163

Christophe Gomart

Proposal for a regulation

Article 26 – title

Text proposed by the Commission

Amendment

Interoperability

Existing infrastructure and interoperability

Or. fr

Amendment 1164

Christophe Gomart

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

1. The European Central Bank shall seek to ensure to the extent possible the interoperability of standards governing digital euro payment services with relevant standards governing private digital means of payment. The European Central Bank shall seek to enable, to the extent possible and where appropriate, private digital means of payment to use rules, standards and processes governing the digital euro payment services.

1. The European Central Bank shall use the infrastructure, protocols and standards governing digital euro payment services with relevant standards governing private digital means of payment and especially those underpinning instant payments.

Or. fr

Amendment 1165

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

The European Central Bank shall seek to use to the extent possible and where appropriate the existing infrastructures, protocols and standards governing private digital means of payment and especially those underpinning instant payments.

Or. en

Amendment 1166

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

The European Central Bank shall ensure, to the extent possible, the interoperability of standards and infrastructures governing digital euro payment services with relevant standards and infrastructures governing private digital means of payment. The European Central Bank shall enable, to the extent possible, private digital means of payment to use rules, standards and processes governing the digital euro payment services.

Or. en

Amendment 1167

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

Proposal for a regulation

Article 26 – paragraph 1

Text proposed by the Commission

Amendment

The European Central Bank shall seek to ensure to the extent possible the interoperability of standards governing digital euro payment services with relevant standards governing private digital means of payment. The European Central Bank shall enable and encourage, to the extent possible and where appropriate, private digital means of payment to use rules, standards and processes governing the digital euro payment services, including the full implementation of the principles of data protection by design and by default, as defined in Regulation (EU) 2016/679. For the purpose of the first subparagraph the European Central Bank shall promote and where available give preference to the use of open standards.

Or. en

Amendment 1168

Christophe Gomart

Proposal for a regulation

Article 26 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1a. The European Central Bank shall ensure the interoperability of standards governing digital euro payment services with relevant standards governing private digital means of payment and especially those underpinning instant payments. The European Central Bank shall seek to enable, to the extent possible and where appropriate, private digital means of payment to use rules, standards and processes governing the digital euro payment services.

Or. fr

Amendment 1169

Sibylle Berg

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

For the purpose of the first subparagraph, interoperability may be supported inter alia by the use of open standards.

The European Central Bank shall give preference to the use of open standards where such standards are available.

Or. en

Amendment 1170

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

For the purpose of the first subparagraph, interoperability may be supported inter alia by the use of open standards.

For the purpose of the first subparagraph and support interoperability, the European Central Bank shall give preference to the use of open standards, in line with Open Source Software Strategy.

Or. en

Amendment 1171

Christophe Gomart

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

2. For the purpose of the first subparagraph, interoperability may be supported inter alia by the use of open standards.

2. For the purpose of subparagraph 1a, interoperability may be supported inter alia by the use of open standards.

Or. fr

Amendment 1172

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

For the purpose of the first subparagraph, interoperability may be supported inter alia by the use of open standards.

For the purpose of the first subparagraph, interoperability shall be supported inter alia by the use of open standards.

Or. en

Amendment 1173

Luděk Niedermayer

Proposal for a regulation

Article 26 – paragraph 2

Text proposed by the Commission

Amendment

For the purpose of the first subparagraph, interoperability may be supported inter alia by the use of open standards.

For the purpose of the first subparagraph, interoperability may be supported inter alia, by the preferred use of open standards wherever feasible.

Or. en

Amendment 1174

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 26 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

For the purpose of funding and defunding digital euro accounts from non-digital euro accounts, the European Central Bank shall ensure that only the use of established European arrangements is required, including but not limited to the European infrastructure for instant credit transfer (‘SEPA instant credit transfer’) and the open banking payment initiation functionalities as prescribed by Directive (EU) 2015/2366 (‘Open banking payment initiation’).

Or. en

Justification

Important to reuse existing infrastructures, protocols and standards governing private digital means of payment while ensuring the interoperability of the digital euro standards with those of the market solutions.

Amendment 1175

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 27 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to the disputes concerning the lawfulness of the processing of personal data, disputes shall be governed by Directive 2015/2366. Directive (EU) 2020/1828 shall apply to the representative actions brought against infringements of provisions of this Regulation that harm or may harm the collective interests of consumers.

1. The European Central Bank and the national central banks may make mechanisms available to facilitate the exchange of messages between payment service providers for the resolution of pre-disputes and disputes related to digital euro payment transactions including but not limited to, technical and fraud-related disputes, as referred to in Article 5(3). Those mechanisms may be operated directly by the European Central Bank and the national central banks or by providers of support services designated by the European Central Bank.

Or. en

Amendment 1176

Pasquale Tridico

on behalf of The Left Group

Proposal for a regulation

Article 27 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to any disputes relating to the lawfulness of personal data processing, payment service providers shall establish and apply appropriate and effective procedures for handling and resolving complaints from digital euro users. Those procedures shall offer a level of protection that is at least equivalent to that available for comparable payment instruments. Directive (EU) 2020/1828 shall apply to representative actions concerning infringements of this Regulation that harm or may harm the collective interests of consumers.

Or. en

Amendment 1177

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 27 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to the disputes concerning the lawfulness of the processing of personal data, payment service providers shall put in place and apply adequate and effective complaint resolution procedures for the settlement of complaints of digital euro users that are at least as favourable to digital euro users as the procedures that are provided for comparable means of payment. Directive (EU) 2020/1828 shall apply to the representative actions brought against infringements of provisions of this Regulation that harm or may harm the collective interests of consumers.

Or. en

Amendment 1178

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 27 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. Consumers shall have access to alternative dispute resolution procedures [ADR]. Member States shall ensure that such alternative dispute resolution procedures are easily accessible, free of charge, inclusive for vulnerable users, and available through both digital and non-digital interfaces.

Or. en

Amendment 1179

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 27 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1 b. The participation of payment service providers in ADR procedures for consumers shall be mandatory unless the Member State demonstrates to the Commission that other mechanisms are equally effective.

Or. en

Amendment 1180

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

2. The European Central Bank and the national central banks may make mechanisms available for payment services providers to facilitate the exchange of messages for the resolution of disputes. Those mechanisms may be operated directly by the European Central Bank or by the providers of support services designated by the European Central Bank.

2. The European Central Bank and the national central banks shall not act as a party in any of the disputes related to digital euro payment transactions.

Or. en

Amendment 1181

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

Proposal for a regulation

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

2. The European Central Bank and the national central banks shall ensure that mechanisms are available for digital euro users and payment services providers to facilitate the exchange of messages for the resolution of disputes, including commercial disputes. Those mechanisms may be operated directly by the European Central Bank or by the providers of support services designated by the European Central Bank. Dispute mechanisms shall be easily accessible and usable for digital euro users and offered free of charge to them.

Or. en

Amendment 1182

Regina Doherty

Proposal for a regulation

Article 27 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 1183

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 27 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. Dispute mechanisms shall be easily accessible and usable for users and offered free of charge to them.

Or. en

Amendment 1184

Markus Ferber

Proposal for a regulation

Article 27 – paragraph 3

Text proposed by the Commission

Amendment

3. The European Central Bank shall not act as a party in any of the disputes referred to in paragraphs 1 and 2.

deleted

Or. en

Justification

As the infrastructure provider, the ECB cannot be excluded per se from any dispute settlement cases.

Amendment 1185

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 27 – paragraph 3

Text proposed by the Commission

Amendment

3. The European Central Bank shall not act as a party in any of the disputes referred to in paragraphs 1 and 2.

deleted

Or. en

Amendment 1186

Giovanni Crosetto, Denis Nesci, Francesco Ventola, Mariateresa Vivaldini, Marco Squarta

Proposal for a regulation

Article 27 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. The European Central Bank shall identify, as part of the governance framework, its own areas of liability in relation with the functionalities directly or indirectly operated by the ECB or the national central banks.

Or. en

Amendment 1187

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Payment service providers distributing the digital euro shall provide digital euro users with the choice of using the following digital front-end services to allow digital euro users to access and use digital euro payment services:

deleted

Or. en

Amendment 1188

Fernando Navarrete Rojas, Markus Ferber, Stefan Berger, Daniel Caspary, Ralf Seekatz, Isabel Benjumea Benjumea, Antonio López-Istúriz White

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Payment service providers distributing the digital euro shall provide digital euro users with at least one front-end service, whether developed by the European Central Bank or their own front-end services or front-end services offered by other payment service providers to allow digital euro users to access and use digital euro payment services in accordance with Annexes II and IIa.

Or. en

Amendment 1189

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Payment service providers distributing the digital euro shall always provide digital euro users with the freedom to choose between of using the following digital front-end services to allow digital euro users to access and use digital euro payment services:

Or. en

Amendment 1190

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

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Payment service providers distributing the digital euro shall provide digital euro users with the choice of using a physical device (such as a card) and digital front-end services. In the latter situations, a choice shall be offered to users for using the following digital front-end services to allow digital euro users to access and use digital euro payment services, in full accordance with Article 22(1) of this Regulation:

Or. en

Amendment 1191

Sirpa Pietikäinen

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Payment service providers distributing the digital euro shall provide digital euro users with at least one digital euro front-end service for accessing and using at minimum all basic digital euro payment services. To that end, they shall provider users with the choice of using the following digital front-end services to allow digital euro users to access and use digital euro payment services:

Or. en

Amendment 1192

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Payment service providers distributing the digital euro shall provide digital euro users with at least one digital front-end service for accessing and using at a minimum all mandatory digital euro payment services. To that end, they shall provide users with the choice of using the following digital front-end services to allow digital euro users to access and use digital euro payment services:

Or. en

Amendment 1193

Fernando Navarrete Rojas, Markus Ferber, Stefan Berger, Daniel Caspary, Ralf Seekatz, Isabel Benjumea Benjumea, Antonio López-Istúriz White

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) front-end services developed by payment service providers; and

deleted

Or. en

Amendment 1194

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) front-end services developed by payment service providers; and

deleted

Or. en

Amendment 1195

Michalis Hadjipantela

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) front-end services developed by payment service providers; and

(a) the digital euro user interface they make available displays the official digital euro logo;

Or. en

Amendment 1196

Sirpa Pietikäinen

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) front-end services developed by payment service providers; and

(a) front-end services that the payment service provider may make available; and

Or. en

Amendment 1197

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) front-end services developed by payment service providers; and

(a) front-end services that the payment service providers may make available; and

Or. en

Amendment 1198

Pasquale Tridico

on behalf of The Left Group

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) front-end services developed by payment service providers; and

(a) front-end services developed by payment service providers, which shall adhere to high requirements in terms of accessibility, ease of use, simplicity, inclusiveness and robustness. They shall also enable users to access all digital euro services in one place, covering both online and offline functionalities;

Or. en

Amendment 1199

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) front-end services developed by payment service providers; and

(a) front-end services developed by payment service providers, which shall comply with the highest standards of accessibility, user-friendliness, simplicity, inclusivity, and resilience. These front-end services should allow users to access in a single place all digital euro services, including both the online and offline functionalities; and

Or. en

Amendment 1200

Fernando Navarrete Rojas, Markus Ferber, Stefan Berger, Daniel Caspary, Ralf Seekatz, Isabel Benjumea Benjumea, Antonio López-Istúriz White

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) front-end services developed by the European Central Bank.

deleted

Or. en

Amendment 1201

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) front-end services developed by the European Central Bank.

deleted

Or. en

Amendment 1202

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) front-end services developed by the European Central Bank.

(b) front-end services made available by the European Central Bank.

Or. en

Amendment 1203

Sirpa Pietikäinen

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) front-end services developed by the European Central Bank.

(b) front-end services made available by the European Central Bank.

Or. en

Amendment 1204

Pasquale Tridico

on behalf of The Left Group

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) front-end services developed by the European Central Bank.

(b) front-end services developed by the European Central Bank, which shall continue to be available to users as an alternative at all times.

Or. en

Amendment 1205

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) front-end services developed by the European Central Bank.

(b) front-end services developed by the European Central Bank, which shall always remain an option available to users at any point in time.

Or. en

Amendment 1206

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

Designated entities under Article 14b shall provide digital euro users with the front-end services developed by the European Central Bank.

Or. en

Amendment 1207

Sirpa Pietikäinen

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where a payment service provider does not offer a digital euro front-end service, a European Central Bank’s service shall be used by such payment service provider.

deleted

Or. en

Amendment 1208

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where a payment service provider does not offer a digital euro front-end service, a European Central Bank’s service shall be used by such payment service provider.

deleted

Or. en

Amendment 1209

Fernando Navarrete Rojas, Markus Ferber, Stefan Berger, Daniel Caspary, Ralf Seekatz, Isabel Benjumea Benjumea, Antonio López-Istúriz White

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where a payment service provider does not offer a digital euro front-end service, a European Central Bank’s service shall be used by such payment service provider.

deleted

Or. en

Amendment 1210

Engin Eroglu

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where a payment service provider does not offer a digital euro front-end service, a European Central Bank’s service shall be used by such payment service provider.

deleted

Or. en

Amendment 1211

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where a payment service provider does not offer a digital euro front-end service, a European Central Bank’s service shall be used by such payment service provider.

deleted

Or. en

Amendment 1212

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where a payment service provider does not offer a digital euro front-end service, a European Central Bank’s service shall be used by such payment service provider.

Where a payment service provider does not offer a digital euro front-end service, a European Central Bank’s interface shall be used by such payment service provider.

Or. en

Amendment 1213

Pasquale Tridico

on behalf of The Left Group

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where a payment service provider does not offer a digital euro front-end service, a European Central Bank’s service shall be used by such payment service provider.

Where a payment service provider does not offer a digital euro front-end service, or where the relevant digital euro user interface is not temporarily operational, a European Central Bank’s service shall be used by such payment service provider as the mandatory front-end solution for accessing digital euro services.

Or. en

Amendment 1214

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

Proposal for a regulation

Article 28 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

Where a payment service provider does not offer a digital euro front-end service, a European Central Bank’s service shall be used by such payment service provider.

Front-end services developed by payment service providers shall use a harmonised and recognisable brand identity developed by the European Central Bank. Where a payment service provider does not offer a digital euro front-end service, a European Central Bank’s service shall be used by such payment service provider.

Or. en

Amendment 1215

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

2. Front-end services provided by the European Central bank referred to in paragraph 1, point (b), shall not provide for customer relationships, that shall solely be provided by payment service providers in their role in the digital euro distribution as laid down in Article 13 and under Directive 2015/2366. The European Central Bank shall not have access to any personal data in relation to the front-end services developed by the European Central Bank and used by the payment services providers.

2. Payment service providers distributing the digital euro may offer their own front-end services or front-end services offered by other payment service providers, on top of the front-end services provided by the European Central Bank.

Or. en

Amendment 1216

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

2. The European Central Bank shall not have access to any personal data in relation to the front-end services developed by the European Central Bank and used by the payment services providers.

Or. en

Amendment 1217

Fernando Navarrete Rojas, Markus Ferber, Stefan Berger, Daniel Caspary, Ralf Seekatz, Isabel Benjumea Benjumea, Antonio López-Istúriz White

Proposal for a regulation

Article 28 – paragraph 2

Text proposed by the Commission

Amendment

2. Front-end services provided by the European Central bank referred to in paragraph 1 of this Article, shall not provide for customer relationships, that shall solely be provided by payment service providers in their role in the digital euro distribution as laid down in Article 13 and under Directive (EU) 2015/2366, without prejudice to any right of recourse or indemnification of payment service providers against the European Central Bank for any loss or damage attributable to the ECB-provided front-end service. The European Central Bank shall not have access to any personal data in relation to the front-end services developed by the European Central Bank and used by the payment services providers.

Or. en

Amendment 1218

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

Proposal for a regulation

Article 28 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. Where a payment service provider offers a digital euro front-end service, it shall conduct and publish an analysis of how it is going to fulfil the accessibility requirements laid down in Article 22(1) of this Regulation.

Or. en

Amendment 1219

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

Proposal for a regulation

Article 28 – paragraph 3 – introductory part

Text proposed by the Commission

Amendment

3. Payment service providers distributing the digital euro shall ensure that:

3. The European Central Bank and payment service providers distributing the digital euro shall, when offering front-end services, ensure that:

Or. en

Amendment 1220

Fernando Navarrete Rojas, Markus Ferber, Stefan Berger, Daniel Caspary, Ralf Seekatz, Isabel Benjumea Benjumea, Antonio López-Istúriz White

Proposal for a regulation

Article 28 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) digital euro payment services use the official digital euro logo;

(a) digital euro payment services use the official digital euro logo and comply with the technical and security standards set up or certified by the European Central Bank;

Or. en

Amendment 1221

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

Proposal for a regulation

Article 28 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) digital euro payment accounts can be quickly and easily accessed to and used by digital euro users.

(b) digital euro payment accounts can be quickly and easily accessed to and used by digital euro users and have accessible and clear customable account settings for the purpose of budgeting and automatic functions.

Or. en

Amendment 1222

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

Proposal for a regulation

Article 28 – paragraph 3 – point b a (new)

Text proposed by the Commission

Amendment

(b a) dedicated assistance is offered allowing vulnerable consumers to use all basic services.

Or. en

Amendment 1223

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

Proposal for a regulation

Article 28 – paragraph 3 – point b a (new)

Text proposed by the Commission

Amendment

(b a) digital euro payment services are aligned with the objectives under the code of conduct for accessibility laid down in Article 47 of Regulation 2022/2065 (Digital Services Act).

Or. en

Amendment 1224

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

Proposal for a regulation

Article 28 – paragraph 3 – point b b (new)

Text proposed by the Commission

Amendment

(b b) digital euro payment services are, when requested by the user, also made available in an accessible, easy and recognisable physical form free of charge.

Or. en

Amendment 1225

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 28 – paragraph 3 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

With reference to point (b), the user shall be offered the choice to use his digital euro account with automatic funding and defunding as a "pass-through mechanism" for initiating and receiving transactions on the digital euro payment infrastructure, without maintaining a separate payment account on its app interface.

Or. en

Amendment 1226

Fernando Navarrete Rojas, Markus Ferber, Stefan Berger, Daniel Caspary, Ralf Seekatz, Isabel Benjumea Benjumea, Antonio López-Istúriz White

Proposal for a regulation

Article 28 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. The European Central Bank shall develop the technical, operational and security standards, including the certification process where applicable, to the offline digital euro devices and the digital euro payment accounts to ensure the resilient, safe and smooth execution of payments.

Or. en

Amendment 1227

Fernando Navarrete Rojas, Markus Ferber, Stefan Berger, Daniel Caspary, Ralf Seekatz, Isabel Benjumea Benjumea, Antonio López-Istúriz White

Proposal for a regulation

Article 28 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3 b. For the purpose of Chapter VI, payment services providers outside the euro area shall distribute only offline digital euro devices certified by the European Central Bank pursuant to paragraph 3a or by the corresponding national central bank if that is provided for in the arrangements referred to in Articles 18(1) and 19(1).

Or. en

Amendment 1228

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 29 – paragraph 1

Text proposed by the Commission

Amendment

1. Payment Service Providers executing digital euro payment transactions shall verify whether any of their digital euro users are listed persons or entities. Payment service providers shall carry out such verifications immediately after the entry into force of any new or amended restrictive measures adopted in accordance with Article 215 TFEU providing for asset freeze or prohibition of making funds or economic resources available, and at least once every calendar day.

1. Payment Service Providers offering digital euro payment transactions shall verify whether any of their digital euro users are persons or entities subject to targeted financial restrictive measures. Payment service providers shall carry out such verifications immediately after the entry into force of any new restrictive measures, and immediately after the entry into force of any amendment to such targeted financial measures, and at least once every calendar day.

Or. en

Amendment 1229

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 29 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. Paragraph 1 is without prejudice to actions taken by payment service providers in order to comply with restrictive measures, other than targeted financial restrictive measures, adopted in accordance with Article 215 TFEU, with restrictive measures that are not adopted in accordance with Article 215 TFEU, or with Union law on the prevention of money laundering and terrorist financing.

Or. en

Amendment 1230

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 29 – paragraph 2

Text proposed by the Commission

Amendment

2. During the execution of a digital euro payment transaction, the payer’s payment service provider and the payee’s payment service provider involved in the execution of that transaction shall not verify whether the payer or the payee whose digital euro payment accounts are used for the execution of that digital euro payment transaction are listed persons or entities in addition to carrying out verifications under paragraph 1.

2. During the execution of a digital euro payment transaction, the payer’s payment service provider and the payee’s payment service provider involved in the execution of that transaction shall not verify whether the payer or the payee whose digital euro payment accounts are used for the execution of that digital euro payment transaction are persons or entities subject to targeted financial restrictive measures in addition to carrying out verifications under paragraph 1.

Or. en

Amendment 1231

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 30 – paragraph 2

Text proposed by the Commission

Amendment

2. Final settlement of online digital euro payment transactions shall occur at the moment of recording the transfer of the digital euros concerned from the payer to the payee in the digital euro settlement infrastructure approved by the Eurosystem. The settlement infrastructure shall be designed in such a way that neither the European Central Bank nor national central banks can attribute data to an identified or identifiable digital euro user.

Or. en

Amendment 1232

Sibylle Berg

Proposal for a regulation

Article 30 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Justification

From Recital 71, but turned into a legal obligation. EDPB/EDPS Joint Opinion 02/2023 para 54

Amendment 1233

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 30 – paragraph 3

Text proposed by the Commission

Amendment

3. Final settlement of offline digital euro payment transactions shall occur at the moment when the records of the digital euro holdings concerned in the local storage devices of the payer and payee are updated.

3. Final settlement of offline digital euro payment transactions shall occur at the moment when the records of the digital euro holdings concerned in the certified local storage devices of the payer and payee are updated.

Or. en

Amendment 1234

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 30 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. The settlement infrastructure shall be designed in such a way that neither the European Central Bank nor national central banks can attribute data to an identified or identifiable digital euro user.

Or. en

Amendment 1235

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 31 – paragraph 1

Text proposed by the Commission

Amendment

1. Payment service providers shall enable digital euro users at their request to switch their digital euro payment accounts to other payment service providers while maintaining the same account identifiers.

deleted

Or. en

Justification

The provision of free-of-charge basic services, including defunding of digital euro and the opening or closing of digital euro accounts, enables already users to change account providers while maintaining control over the sharing of their data.

Amendment 1236

Paulius Saudargas, Sandra Kalniete, Liudas Mažylis

Proposal for a regulation

Article 31 – paragraph 1

Text proposed by the Commission

Amendment

1. At the request of digital euro users, payment service providers shall switch the provision of digital euro payment services to other payment service providers without undue delay. When switching is carried out in accordance with this Article, the digital euro access number shall be maintained.

Or. en

Amendment 1237

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 31 – paragraph 1

Text proposed by the Commission

Amendment

1. Payment service providers shall enable digital euro users at their request to switch free of charge their digital euro payment accounts to other payment service providers while maintaining the same account identifiers.

Or. en

Amendment 1238

Paulius Saudargas, Sandra Kalniete, Liudas Mažylis

Proposal for a regulation

Article 31 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. In cases where the digital euro payment account is held jointly by two or more legal account holders, request for switching shall be made by all of them.

Or. en

Amendment 1239

Paulius Saudargas, Sandra Kalniete, Liudas Mažylis

Proposal for a regulation

Article 31 – paragraph 1 b (new)

Text proposed by the Commission

Amendment

1 b. Without prejudice to Directive (EU) 2015/2366, the payment service provider to which the provision of digital euro payment services is switched shall, prior to the switching, make available to the digital euro user a list of the digital euro payment services, other than basic services, that it offers and that the user currently receives and that are eligible for switching. The digital euro user shall explicitly select any such additional services they wish to switch and shall be informed in advance of any fees applicable to services other than the basic services.

Or. en

Amendment 1240

Paulius Saudargas, Sandra Kalniete, Liudas Mažylis

Proposal for a regulation

Article 31 – paragraph 1 c (new)

Text proposed by the Commission

Amendment

1 c. Payment service providers shall exchange only the information necessary to enable the switching of digital euro services.

Or. en

Amendment 1241

Markus Ferber

Proposal for a regulation

Article 31 – paragraph 2

Text proposed by the Commission

Amendment

2. In exceptional circumstances where a payment service provider is operationally not in a position to provide digital euro payment services to digital euro users for a prolonged period of time, or has lost the digital euro payment account-related data concerned, the European Central Bank and national central banks may authorise the switching of digital euro payment accounts held with that payment service provider to another payment service provider designated by the digital euro user. That switching shall enable the new payment service provider to complete the switching without relying on the unavailable payment service provider.

deleted

Or. en

Justification

This provision would require the ECB to have information about individual accounts, including transaction data.

Amendment 1242

Paulius Saudargas, Sandra Kalniete, Liudas Mažylis

Proposal for a regulation

Article 31 – paragraph 2

Text proposed by the Commission

Amendment

2. Where a payment service provider is operationally not in a position to provide switching services to digital euro users upon their request as set out in paragraph 1, or has lost the digital euro payment account-related data concerned, the European Central Bank and national central banks may authorise the switching of digital euro payment services held with that payment service provider to another payment service provider designated by the digital euro user. This shall enable the new payment service provider to complete the switching without the need to exchange information with the unavailable payment service provider.

Or. en

Amendment 1243

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 31 – paragraph 2

Text proposed by the Commission

Amendment

2. In exceptional circumstances where a payment service provider is operationally not in a position to provide digital euro payment services to digital euro users, or has lost the digital euro payment account-related data concerned, the European Central Bank and or the relevant national central banks may authorise, upon request of the user, the switching of digital euro payment accounts held with that payment service provider to another payment service provider designated by the digital euro user. That switching shall enable the new payment service provider to complete the switching without relying on the unavailable payment service provider.

Or. en

Amendment 1244

Sibylle Berg

Proposal for a regulation

Article 31 – paragraph 2

Text proposed by the Commission

Amendment

Or. en

Amendment 1245

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 31 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. Where a payment service provider hosting digital euro payment accounts fails to comply with this Regulation or other applicable Union law in a manner that affects or threatens to affect the integrity, availability or continuity of digital euro payment services, the competent authority may request the European Central Bank or the relevant national central bank to enforce the switching of the digital euro account to a payment service provider designated by the user and, within a reasonable time frame, if no payment services provider has been designated, to one of the designated entities referred to in Article 14b.

Or. en

Amendment 1246

Paulius Saudargas, Sandra Kalniete, Liudas Mažylis

Proposal for a regulation

Article 31 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. Payment service providers shall request the user’s authorisation to share, with other payment service providers or relevant third parties, the information necessary to identify the direct liability in digital euro of the European Central Bank or of the national central banks towards that user, for the purpose of facilitating switching under the conditions set out in paragraph 2 of this Article. Digital euro users may grant or withdraw such authorisation at any time.

Or. en

Amendment 1247

Giovanni Crosetto, Denis Nesci, Francesco Ventola, Mariateresa Vivaldini, Marco Squarta

Proposal for a regulation

Article 31 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. The ECB shall define common templates that payment service providers shall use in case the digital euro user requests to switch.

Or. en

Amendment 1248

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 31 a (new)

Text proposed by the Commission

Amendment

Article 31a

The ECB shall define common templates that payment service providers shall use in case the digital euro user requests to switch.

Or. en

Amendment 1249

Paulius Saudargas, Sandra Kalniete, Liudas Mažylis

Proposal for a regulation

Article 31 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2 b. The payment service providers shall inform digital euro users about the consequences of not authorising the sharing of the information necessary to identify the direct liability in digital euro of the European Central Bank or of national central banks towards the digital euro user in the conditions established in paragraph 2 of this Article.

Or. en

Amendment 1250

Paulius Saudargas, Sandra Kalniete, Liudas Mažylis

Proposal for a regulation

Article 31 a (new)

Text proposed by the Commission

Amendment

Article 31a

Emergency switching in exceptional circumstances

1. Upon a reasoned request from a Member State, the European Central Bank or the relevant national central bank shall authorise emergency switching in the circumstances referred to in Article 14a, where, on the basis of the information provided, the measure is justified and proportionate for the achievement of one or more of the following objectives:

(a) ensuring the continuity of digital euro payment functions;

(b) protecting users’ access to their digital euro holdings.

For the purposes of this Article, “emergency switching” shall mean the authorisation to transfer the provision of basic digital euro payment services, as referred to in Annex II, from one payment service provider or providers to another payment service provider or providers designated by the Member State. The receiving provider shall perform the switching upon notification of such authorisation, without the need to exchange information with the unavailable provider.

2. The European Central Bank or the relevant national central bank may consult with the requesting Member State on the proportionate measures to be adopted. Authorisation shall be refused only where the emergency switching is not justified in view of the objectives set out in paragraph 1.

3. Emergency switching pursuant to this Article shall be a temporary measure and shall apply only for as long as it remains justified for the achievement of the objectives set out in paragraph 1.

4. Where emergency switching is carried out in accordance with this Article, the digital euro access account number shall remain unchanged.

5. Upon the opening of a digital euro payment account, payment service providers shall request from digital euro users their authorisation to share, with authorities or entities designated to provide temporary digital euro payment services pursuant to Article 16b, or with other payment service providers or relevant third parties, the information necessary to identify the direct liability in digital euro of the European Central Bank or of national central banks towards the user, for the purposes of facilitating emergency switching under this Article. Users may grant or withdraw such authorisation at any time.

6. Payment service providers shall inform digital euro users of the consequences of not granting the authorisation referred to in paragraph 5, including the impossibility to carry out emergency switching under this Article.

7. Any outsourcing arrangements or arrangements between payment service providers and third parties for the storage of the information referred to in Article 34(5) shall include adequate safeguards to ensure a high level of data protection in accordance with Regulation (EU) 2016/679 and shall comply with the cyber-security requirements laid down in Regulation (EU) 2022/2554.

Or. en

Amendment 1251

Jussi Saramo

Proposal for a regulation

Article 31 b (new)

Text proposed by the Commission

Amendment

Article 31b

Emergency switching

In order to ensure continuity of digital euro payment functions and protect access to digital euro holdings in the event of a widespread and severe disruption to the digital payment system or a credible risk of such disruption, the European Central Bank or the relevant national central bank may, after receiving a request from one or more Member States, authorise the emergency switching of digital euro payment and acquiring services from one payment service provider to another.

Or. en

Amendment 1252

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 31 – paragraph 2 b (new)

Text proposed by the Commission

Amendment

2 b. In exceptional circumstances of a disruption affecting or threatening to affect the orderly functioning, availability or continuity of digital payments, in whole or in part, a Member State or the euro area, the European Central Bank or the relevant national central banks may authorise the emergency switching of digital euro payment accounts held at private payment services providers to the designated entities in accordance with Article 14b in order to preserve access of digital euro users to their digital euro payment services and holdings without interruption. That switching shall enable the designated entities to complete the switching without relying on the other payment services providers. The digital euro payment access number shall be maintained.

Or. en

Amendment 1253

Jussi Saramo

Proposal for a regulation

Article 31 a (new)

Text proposed by the Commission

Amendment

Article 31a

Distribution of the digital euro during severe payment system disruptions

In the event of severe disruption to digital payments, including digital euro payments, in a Member State or the euro area, or where there is a credible risk of such disruption, Member States may decide that one or more of the authorities or other entities referred to in Article 1(1), points (a) to (d) and (f), of Directive (EU) 2015/2366 shall provide temporary digital euro payment services.

Or. en

Amendment 1254

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 32 – paragraph 1

Text proposed by the Commission

Amendment

1. The European Central Bank may facilitate the fraud detection and prevention tasks that payment service providers shall perform under Directive 2015/2366 by establishing a general fraud detection and prevention mechanism for online digital euro transactions to ensure the smooth and efficient functioning of the digital euro. That general fraud detection and prevention mechanism may be operated directly by the European Central Bank or by the providers of support services designated by the European Central Bank.

1. Before the issuance of the digital euro, the European Central Bank shall establish a general fraud detection and prevention mechanism for online digital euro transactions in order to facilitate and support the fraud detection and prevention tasks that payment service providers are required to perform under the Payment Services Regulation and to ensure the smooth and efficient functioning of the digital euro ecosystem. That general fraud detection and prevention mechanism may be operated directly by the European Central Bank and the national central banks or by the providers of support services designated by the European Central Bank.

Or. en

Amendment 1255

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 32 – paragraph 2

Text proposed by the Commission

Amendment

2. The European Central Bank shall consult the European Data Protection Supervisor prior to developing the details on the operational elements of the fraud detection and prevention mechanism.

2. The European Central Bank shall consult the European Data Protection Supervisor and AMLA prior to developing the details on the technical and operational elements of the fraud detection and prevention mechanism.

Or. en

Amendment 1256

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 32 – paragraph 3 – point a

Text proposed by the Commission

Amendment

(a) assess the exposure to fraud risk of online digital euro transactions in real-time at the exclusive use of payment service providers before the transaction is introduced into the digital euro settlement infrastructure;

Or. en

Amendment 1257

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 32 – paragraph 3 – point b

Text proposed by the Commission

Amendment

(b) support payment service providers in detecting fraudulent transactions in online digital euro payment transactions that have been settled.

(b) support payment service providers in securing payment information and in detecting fraudulent transactions in online digital euro payment transactions that have been settled.

Or. en

Justification

The amendment aims at strengthening the resilience of the digital euro by enabling proactive and coordinated fraud-prevention intelligence, ensuring that security remains a core and future-proof element of the digital euro infrastructure.

Amendment 1258

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 32 – paragraph 3 – point b a (new)

Text proposed by the Commission

Amendment

(b a) proactively provide aggregated intelligence anonymised data and regular reports on fraud patterns and on coordinated or emerging threats across the digital euro ecosystem;

Or. en

Amendment 1259

Markus Ferber

Proposal for a regulation

Article 32 – paragraph 3 – point b a (new)

Text proposed by the Commission

Amendment

(b a) offer an information sharing arrangement in line with Articles 83(3) and 83(4) of Regulation [PSR];

Or. en

Justification

The fraud detection and prevention mechanism should include a possibility for payment service providers to exchange relevant information on fraud trends. This mirrors provisions contained in the Payment Services Regulation.

Amendment 1260

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 32 – paragraph 3 – point b b (new)

Text proposed by the Commission

Amendment

(b b) enable the implementation of state-of-the-art technical features, including risk-based control triggers, that enhance the security and usability of online digital euro transactions, while ensuring that any automated measures are strictly limited to fraud prevention purposes.

Or. en

Amendment 1261

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 32 – paragraph 4

Text proposed by the Commission

Amendment

4. For the purpose of this Article, payment service providers shall provide the fraud detection and prevention mechanism with information referred to in Annex 5. Payment service providers shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the support service shall not be able to directly identify the digital euro users on the basis of the information provided to the fraud detection and prevention mechanism.

4. For the purpose of this Article, payment service providers shall provide the fraud detection and prevention mechanism with information referred to in Annex 5. Payment service providers shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the support service shall not be able to directly identify or indirectly the digital euro users on the basis of the information provided to the fraud detection and prevention mechanism.

Or. en

Amendment 1262

Regina Doherty

Proposal for a regulation

Article 32 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. By three years from the first issuance of the digital euro, the European Central Bank shall submit a report to the European Parliament and to the Council assessing the use of digital euro in fraudulent or illicit transactions, as well as the effectiveness of safeguards and mitigation measures applied.

Or. en

Amendment 1263

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 32 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. The general fraud detection and prevention mechanism shall not replace the fraud and risk management obligations on payment service providers under Payment Service Regulation.

Or. en

Amendment 1264

Regina Doherty

Proposal for a regulation

Article 32 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4 b. Digital euro users shall not be personally identified by the central fraud detection and prevention mechanism. The measures in place shall aim for a continued reduction in fraud levels over time and ensure that any detected activity is addressed swiftly and effectively.

Or. en

Amendment 1265

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Article 6 paragraph (7) of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, original equipment manufacturers of mobile devices and providers of electronic communication services within the meaning of Article 2 (1) Directive (EU) 2018/197247 shall allow providers of front end services and providers of European Digital Identity Wallets effective interoperability with, and access for the purposes of interoperability to, the hardware features and software features necessary for storing and transferring data to process online or offline digital euro transactions, on fair, reasonable and non-discriminatory terms.

1. Original equipment manufacturers shall ensure that devices allow access on fair, reasonable and non-discriminatory terms to hardware and software features necessary to process online or offline digital euro transactions. All core components necessary for storing, securing or transmitting digital euro data shall be hosted within the European Union or the European Economic Area and shall not be controlled by entities subject to third-country jurisdictions whose legal obligations may conflict with Union law.

_________________

47 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code, OJ L 17.12.2018, p. 36.

Or. en

Justification

Strengthens technological sovereignty by requiring that essential digital euro infrastructure be hosted within, and remain under the exclusive jurisdiction of, the EU/EEA. This prevents exposure to third-country legal regimes, reduces reliance on foreign providers and enhances security and strategic autonomy.

Amendment 1266

Pasquale Tridico

on behalf of The Left Group

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Article 6(7) of Regulation (EU) 2022/1925, original equipment manufacturers of mobile devices and providers of electronic communications services as defined in Article 2(1) of Directive (EU) 2018/1972 47shall ensure that providers of front-end services for European Digital Identity Wallets, as well as third-party technical service providers acting on their behalf, are able to interoperate effectively with, and obtain access for interoperability purposes to, the hardware and software functionalities required for the secure processing and execution of digital euro payment transactions in both online and offline modes. Access shall not be subject to any fee and shall not be conditional on the use of services supplied by original equipment manufacturers of mobile devices or electronic communications service providers.

_________________

47 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code, OJ L 17.12.2018, p. 36.

Or. en

Amendment 1267

Giovanni Crosetto, Denis Nesci, Francesco Ventola, Mariateresa Vivaldini, Marco Squarta

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Article 6 paragraph (7) of Regulation (EU) 2022/1925, original equipment manufacturers of mobile devices and providers of electronic communication services within the meaning of Article 2 (1) Directive (EU) 2018/197247 of the European Parliament and of the Council shall allow, free of charge, providers of front end services and providers of European Digital Identity Wallets effective interoperability with, and access for the purposes of interoperability to, the hardware features and software features necessary for storing and transferring data to process online or offline digital euro transactions, on fair, reasonable and non-discriminatory terms.

_________________

47 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code, OJ L 17.12.2018, p. 36.

Or. en

Amendment 1268

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Article 6 paragraph (7) of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, original equipment manufacturers of mobile devices and providers of electronic communication services within the meaning of Article 2 (1) Directive (EU) 2018/19727 shall allow providers of front end service providers of European Digital Identity Wallets and third-party technical support providers acting on their behalf effective interoperability with, and access for the purposes of interoperability to, the hardware features and software features that are necessary for the secure processing and execution of online or offline digital euro payment transactions. The terms of access shall not include any charge and shall not depend on the services offered by original equipment manufacturers of mobile devices and providers of electronic communication services.

_________________

47 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code, OJ L 17.12.2018, p. 36.

Or. en

Amendment 1269

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

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Article 6 paragraph (7) of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, original equipment manufacturers of mobile devices and providers of electronic communication services within the meaning of Article 2 (1) Directive (EU) 2018/1972[30] shall allow providers of digital euro user interfaces and providers of European Digital Identity Wallets and third-party technical support providers acting on their behalf effective interoperability with, and access for the purposes of interoperability to, the hardware features and software features that are necessary for the secure processing and execution of online or offline digital euro payment transactions., on the terms access shall be fair, reasonable and non-discriminatory terms and shall not depend on the services offered by original equipment manufacturers of mobile devices and providers of electronic communication services.

_________________

47 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code, OJ L 17.12.2018, p. 36.

Or. en

Amendment 1270

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

_________________

47 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code, OJ L 17.12.2018, p. 36.

Or. en

Amendment 1271

Sirpa Pietikäinen

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Article 6 (7) of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, original equipment manufacturers of mobile devices and providers of electronic communication services within the meaning of Article 2 (1) Directive (EU) 2018/1972[1] shall allow providers of front end services and providers of European Digital Identity Wallets and third-party technical support providers acting on their behalf effective interoperability with, and access for the purposes of interoperability to, the hardware features and software features that are necessary for the secure processing and execution of online or offline digital euro payment transactions, on fair, reasonable and non-discriminatory terms, and without any fee. The terms of access shall not depend on the services offered by original equipment manufacturers of mobile devices and providers of electronic communication services1a.

_________________

1a Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code, OJ L 17.12.2018, p. 36.

47 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code, OJ L 17.12.2018, p. 36.

Or. en

Amendment 1272

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Article 6 paragraph (7) of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, original equipment manufacturers of mobile devices and providers of electronic communication services within the meaning of Article 2 (1) Directive (EU) 2018/197247 shall allow providers of front end services and providers of European Digital Identity Wallets and third-party technical support providers acting on their behalf effective interoperability with, and access for the purposes of interoperability to, the hardware features and software features necessary for the secure processing and execution of online or offline digital euro payment transactions.

The terms of access shall not include any charges, and shall not depend on the services offered by original equipment manufacturers of mobile devices and providers of electronic communication services. Proprietary device features, including functions enabling the opening of a wallet through a dedicated button or similar ‘tap to pay‘ processes, shall be made accessible to all wallet providers, ensuring equal and non-discriminatory access to essential capabilities.

Any wallet accepting comparable means of payment to the digital euro shall also enable the integration and interoperability of online digital euro payment services;

_________________

47 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code, OJ L 17.12.2018, p. 36.

Or. en

Amendment 1273

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 33 – paragraph 1

Text proposed by the Commission

Amendment

1. Without prejudice to Article 6 paragraph (7) of Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828, original equipment manufacturers of mobile devices and providers of electronic communication services within the meaning of Article 2 (1) Directive (EU) 2018/197247 shall allow providers of front end services and providers of European Digital Identity Wallets and third-party technical support providers acting on their behalf effective interoperability with, and access for the purposes of interoperability to, the hardware features and software features that are necessary for the secure processing and execution of online or offline digital euro payment transactions, on fair, reasonable and non-discriminatory terms and without any fee. The terms of access shall not depend on the services offered by original equipment manufacturers of mobile devices and providers of electronic communication services.

_________________

47 Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018, establishing the European Electronic Communications Code, OJ L 17.12.2018, p. 36.

Or. en

Amendment 1274

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 33 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. Core components of the digital euro infrastructure shall allow for transparency and independent security auditing.

Or. en

Justification

This amendment enhances transparency, auditability and security of the digital euro infrastructure. Core components enablement for independent verification, reduces systemic technology risks, and contributes to the technological sovereignty and resilience of the Union.

Amendment 1275

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 33 – paragraph 2

Text proposed by the Commission

Amendment

2. Original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 shall not be prevented from taking strictly necessary and proportionate measures to ensure that interoperability does not compromise the integrity of the hardware and software features concerned by the interoperability obligation provided that such measures are duly justified.

deleted

Or. en

Amendment 1276

Pasquale Tridico

on behalf of The Left Group

Proposal for a regulation

Article 33 – paragraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1277

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 33 – paragraph 2

Text proposed by the Commission

Amendment

2. As part of the detailed measures, rules and standards referred to in Article 5(2), the European Central Bank, shall adopt reference standards, technical specifications and procedures concerning software and hardware that ensure that payment service providers can securely process online and offline digital euro payment transactions. The European Central Bank shall adopt the reference standards, technical specifications and procedures within six months after the entry into force of the Regulation.

Or. en

Amendment 1278

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

Proposal for a regulation

Article 33 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. As part of the detailed measures, rules and standards referred to in Article 5(2), the European Central Bank, shall adopt reference standards, technical specifications and procedures concerning software and hardware that ensure that payment service providers can securely process online and offline digital euro payment transactions. The European Central Bank shall adopt the reference standards, technical specifications and procedures within six months after the entry into force of the Regulation.

Or. en

Amendment 1279

Michalis Hadjipantela

Proposal for a regulation

Article 33 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

Or. en

Amendment 1280

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 33 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

Or. en

Amendment 1281

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 33 a (new)

Text proposed by the Commission

Amendment

Article 33a

As part of the detailed measures, rules and standards referred to in Article 5(2), the European Central Bank, shall adopt reference standards, technical specifications and procedures concerning software and hardware that ensure that payment service providers can securely process online and offline digital euro payment transactions. The European Central Bank shall adopt the reference standards, technical specifications and procedures within six months after the entry into force of the Regulation.

Or. en

Amendment 1282

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

Proposal for a regulation

Article 33 – paragraph 3

Text proposed by the Commission

Amendment

3. For the purpose of applying fair, reasonable and non-discriminatory terms pursuant to paragraph 1, original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 shall publish general conditions of effective interoperability and access. They shall make publicly available the general conditions of interoperability and access referred to in this paragraph no later than twelve months from the entry into force of this Regulation. Such general conditions shall include a European Union-based alternative dispute settlement mechanism. The decision of the dispute settlement mechanism shall be without prejudice to the right to seek redress before judicial authorities in accordance with Union and national law. The relevant dispute settlement body shall adopt its decision on a matter referred to it within 90 days of receipt of a request submitted in accordance with this paragraph. The decision shall be in writing or on a durable medium and shall be supported by a statement of reasons.

Or. en

Amendment 1283

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 33 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. For the purpose of ensuring effective interoperability and access for providers of front-end services, providers of European Digital Identity Wallets and third-party technical support providers acting on their behalf in accordance with paragraph 1, the Commission, with the technical assistance of the European Central Bank, is empowered to adopt implementing acts, specifying the measures that the original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 are to implement in order to effectively comply with the obligations laid down in paragraph 1.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39.

Original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 shall comply with the standards, technical specifications and procedures referred to in paragraph 3a and with the implementing acts referred to in paragraph 3b.

Or. en

Amendment 1284

Michalis Hadjipantela

Proposal for a regulation

Article 33 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3 b. For the purpose of ensuring effective interoperability and access for providers of front-end services, providers of European Digital Identity Wallets and third-party technical support providers acting on their behalf in accordance with paragraph 1, the Commission, with the technical assistance of the European Central Bank, is empowered to adopt implementing acts, specifying the measures that the original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 are to implement in order to effectively comply with the obligations laid down in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39. The Commission shall adopt implementing acts within six months after the entry into force of the Regulation.

Or. en

Amendment 1285

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 33 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

Or. en

Amendment 1286

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

Proposal for a regulation

Article 33 – paragraph 3 b (new)

Text proposed by the Commission

Amendment

3 b. For the purpose of ensuring effective interoperability and access for providers of digital euro user interfaces, providers of European Digital Identity Wallets and third-party technical support providers acting on their behalf in accordance with paragraph 1, the Commission, with the technical assistance of the European Central Bank, is empowered to adopt implementing acts, specifying the measures that the original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 are to implement in order to effectively comply with the obligations laid down in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39. The Commission shall adopt implementing acts within six months after the entry into force of the Regulation.

Or. en

Amendment 1287

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 33 b (new)

Text proposed by the Commission

Amendment

Article 33b

For the purpose of ensuring effective interoperability and access for providers of front-end services, providers of European Digital Identity Wallets and third-party technical support providers acting on their behalf in accordance with paragraph 1, the Commission, with the technical assistance of the European Central Bank, is empowered to adopt implementing acts, specifying the measures that the original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 are to implement in order to effectively comply with the obligations laid down in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39. The Commission shall adopt implementing acts within six months after the entry into force of the Regulation.

Or. en

Amendment 1288

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 33 c (new)

Text proposed by the Commission

Amendment

Article 33c

Original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 shall comply with the standards, technical specifications and procedures referred to in paragraph 4 and with the implementing acts referred to in paragraph 4a.

Or. en

Amendment 1289

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 33 – paragraph 3 c (new)

Text proposed by the Commission

Amendment

3 c. Original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 shall comply with the standards, technical specifications and procedures referred to in paragraph 3a and with the implementing acts referred to in paragraph 3b.

Or. en

Amendment 1290

Michalis Hadjipantela

Proposal for a regulation

Article 33 – paragraph 3 c (new)

Text proposed by the Commission

Amendment

Or. en

Amendment 1291

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 33 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. The Commission shall supervise compliance with the obligations on original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 and, for that purpose, shall cooperate with the European Central Bank.

The Commission shall lay down the rules on penalties applicable to infringements of this Article and shall take all measures necessary to ensure that these rules are implemented, including getting access to the necessary data.

The penalties provided for shall be effective, proportionate and dissuasive.

Or. en

Amendment 1292

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

Proposal for a regulation

Article 33 – paragraph 3 c (new)

Text proposed by the Commission

Amendment

3 c. In addition to the implementing acts referred to in paragraphs 5 and 7, original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 shall comply with the standards, technical specifications and procedures referred to in paragraph 4 and with the implementing acts referred to in paragraph 5.

Or. en

Amendment 1293

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

Proposal for a regulation

Article 33 – paragraph 3 d (new)

Text proposed by the Commission

Amendment

3 d. For the purpose of applying fair, reasonable and non-discriminatory terms pursuant to paragraph 1, the Commission shall, within eight months from the entry into force of this Regulation adopt implementing acts further specifying the meaning and concrete application of fair, reasonable and non-discriminatory terms referred to in paragraph 1, including the further specification of the criteria to be respected when determining whether terms are fair, reasonable and non-discriminatory. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39.

Or. en

Amendment 1294

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

Proposal for a regulation

Article 33 – paragraph 3 e (new)

Text proposed by the Commission

Amendment

3 e. The Commission shall, in cooperation with the competent authorities designated to ensure compliance with this Article pursuant to Article 6, coordinate at Union level the supervision and enforcement of this Article. For that purpose, the Commission shall facilitate cooperation and the exchange of information between those authorities and may, where appropriate, issue guidelines, recommendations or opinions to ensure the consistent application of this Article throughout the Union.

Or. en

Amendment 1295

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 33 – paragraph 3 e (new)

Text proposed by the Commission

Amendment

3 e. The Commission shall lay down the rules on penalties applicable to infringements of this Article and shall take all measures necessary to ensure that these rules are implemented, including getting access to the necessary data. The penalties provided for shall be effective, proportionate and dissuasive.

Or. en

Amendment 1296

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 33 d (new)

Text proposed by the Commission

Amendment

Article 33d

The Commission shall supervise compliance with the obligations on original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 and, for that purpose, shall cooperate with the European Central Bank. The Commission shall lay down the rules on penalties applicable to infringements of this Article and shall take all measures necessary to ensure that these rules are implemented, including getting access to the necessary data. The penalties provided for shall be effective, proportionate and dissuasive.

Or. en

Amendment 1297

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 33 – paragraph 3 d (new)

Text proposed by the Commission

Amendment

3 d. The Commission shall supervise compliance with the obligations on original equipment manufacturers of mobile devices and providers of electronic communication services referred to in paragraph 1 and, for that purpose, shall cooperate with the European Central Bank.

Or. en

Amendment 1298

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Payment service providers perform a task in the public interest where they process personal data for the following purposes:

Payment service comply with a legal obligation Article 6(1)(c) GDPR where they process personal data that is strictly necessary for the following purposes:

Or. en

Amendment 1299

Sibylle Berg

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Payment service providers perform a task in the public interest where they process personal data for the following purposes:

Payment service providers comply with a legal obligation where they process personal data that is strictly necessary for the following purposes:

Or. en

Justification

Appropriate legal basis under Art. 6(1)(c) GDPR, since PSPs are not public authorities. EDPB/EDPS Joint Opinion 02/2023 para 71

Amendment 1300

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

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Payment service providers perform a task in the public interest where they process personal data for the following purposes:

Payment service providers shall solely process personal data where they perform a task in the public interest, which shall be limited to the following purposes:

Or. en

Amendment 1301

Markus Ferber

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Payment service providers perform a task in the public interest where they process personal data for the following purposes:

Payment service providers perform a task in the public interest where they process personal data only for the following purposes:

Or. en

Amendment 1302

Sibylle Berg

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) the enforcement of limits, including the verification of whether prospective or existing digital euro users have digital euro accounts with another PSP, as referred to in Article 16;

deleted

Or. en

Justification

No limits, like cash

Amendment 1303

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) the enforcement of limits, including the verification of whether prospective or existing digital euro users have digital euro accounts with another PSP, as referred to in Article 16;

(a) the enforcement of limits;

Or. en

Amendment 1304

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

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c) the provision of offline digital euro, including the registration and de-registration of the local storage devices as referred to in letter (b) of Annex I;

(c) the registration and de-registration of the local storage devices as referred to in letter (b) of Annex I for the provision of offline digital euro;

Or. en

Amendment 1305

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

(c) the provision of offline digital euro, including the registration and de-registration of the local storage devices as referred to in letter (b) of Annex I;

Or. en

Amendment 1306

Markus Ferber

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1 – point e a (new)

Text proposed by the Commission

Amendment

(e a) fraud prevention;

Or. en

Amendment 1307

Sibylle Berg

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 1 a (new)

Text proposed by the Commission

Amendment

By derogation from the 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], personal data on digital euro accounts shall not be used, accessed or stored by third parties.

Or. en

Justification

The purposes of processing should be limited to legal obligations and there should not be further processing for other purposes and no data sharing with third parties (open banking).

Amendment 1308

Martin Schirdewan, Martin Günther, Özlem Demirel

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

For the provision of offline digital euro, the processing of personal data by payment service providers is limited to funding and defunding in accordance with Article 37 paragraphs 3, 4 and 5.

For the provision of offline digital euro and online digital euro payment transactions that are below the transaction limit referred to in Article 37(5), the processing of personal data by payment service providers is limited to funding and defunding in accordance with Article 37 paragraphs 3, 4 and 5.

Or. en

Amendment 1309

Regina Doherty

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

For the provision of offline digital euro, the processing of personal data by payment service providers is limited to funding and defunding in accordance with Article 37 paragraphs 3, 4 and 5.

For the provision of offline digital euro, the processing of personal data by payment service providers is limited to funding and defunding in accordance with Article 37 paragraphs 3, 4 and 5. The principle of privacy preservation shall be maintained at all times.

Or. en

Amendment 1310

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 34 – paragraph 1 – subparagraph 2

Text proposed by the Commission

Amendment

For the provision of offline digital euro, the processing of personal data by payment service providers is limited to funding and defunding in accordance with Article 37 paragraphs 3, 4 and 5.

For the provision of offline digital euro, the processing of personal data by payment service providers is limited to funding and defunding in accordance with Article 37 paragraphs 3, 4 and 5. No further processing of personal data shall be allowed.

Or. en

Amendment 1311

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 34 – paragraph 1 a (new)

Text proposed by the Commission

Amendment

1 a. The design of the digital euro infrastructure — whether wholesale or offline — shall ensure that personal data of users is minimised, pseudonymised, or encrypted at all stages. Neither the European Central Bank nor national central banks shall have access to unencrypted transaction data linked to an identified or identifiable natural person.

Or. en

Amendment 1312

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 34 – paragraph 2 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

All personal data not processed for the purposes outlined in paragraph 1, points (a) to (e) shall be managed in accordance with the GDPR Regulation.

Or. en

Amendment 1313

Sibylle Berg

Proposal for a regulation

Article 34 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. For the purposes referred to in paragraph 1 (d) and (e), of this Article, the Commission is empowered to adopt delegated acts in accordance with Article 38 to define the types of data. Those types of data shall be lay down in Annex III.

Or. en

Justification

These data categories should also be spelled out. (EDPB/EDPS Joint Opinion 02/2023 para 76).

Amendment 1314

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 34 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 38 to update the types of personal data listed in Annex III.

deleted

Or. en

Amendment 1315

Markus Ferber

Proposal for a regulation

Article 34 – paragraph 3 – subparagraph 1

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 38 to update the types of personal data listed in Annex III.

deleted

Or. en

Justification

This should be done via level 1 legislation.

Amendment 1316

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 34 – paragraph 3 – subparagraph 2

Text proposed by the Commission

Amendment

Payment service providers shall be considered to be the controllers of personal data as regards the purposes referred to in paragraph 1 of this Article. Where a digital euro payment account held by one payment service provider is linked with a non-digital euro payment account held by another payment service provider in accordance with Article 13(4), these payment service providers shall be joint controllers.

Payment service providers shall be considered to be the controllers of personal data as regards the purposes referred to in paragraph 1 of this Article.

Or. en

Amendment 1317

Sibylle Berg

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Justification

EDPB/EDPS Joint Opinion 02/2023 para 78

Amendment 1318

Markus Ferber

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 1319

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

4. Payment service providers shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that any data communicated to the European Central Bank and the national central banks or to providers of support services do not directly or indirectly identify individual digital euro users. The European Data Protection Board, in consultation with the European Central Bank, shall issue guidelines on the implementation of appropriate technical and organisation measures including of anonymisation techniques to ensure compliance with this Article and Regulation 2016/679. Compliance of such processing with Regulation (EU) 2016/679 shall be demonstrated.

Or. en

Amendment 1320

Regina Doherty

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

4. Payment service providers shall implement appropriate and up-to-date technical and organisational measures including state-of-the-art security and comprehensive privacy-preserving measures to ensure that any data communicated to the European Central Bank and the national central banks or to providers of support services do not directly identify individual digital euro users. These measures shall be subject to regular review and updating to ensure that privacy preservation remains at the most advanced and comprehensive level.

Or. en

Amendment 1321

Dirk Gotink

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 1322

Martin Schirdewan, Martin Günther, Özlem Demirel

Proposal for a regulation

Article 34 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 1323

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 34 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. This Article is without prejudice to additional digital euro payment services developed and provided by payment service providers on top of basic digital euro payment services, for which Article 6(1)(a) or (b) of Regulation (EU) 2016/679 would apply, considering that these services are subject to Directive (EU) 2015/2366.

Or. en

Amendment 1324

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

Proposal for a regulation

Article 34 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. The purposes of processing shall be limited to legal obligations under this Regulation and there shall not be further processing for other purposes and no data sharing with third parties.

Or. en

Amendment 1325

Sibylle Berg

Proposal for a regulation

Article 34 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. For the purpose of authentication and identification and in line with the principles of data minimisation and privacy by design and by default as laid down in 2016/679/EU, payment service providers shall provide by default authentication and identification methods which do not rely on biometric data.

Or. en

Justification

To limit the use of sensitive personal data, in this case biometric data, authentication and identification shall work by default without the use of biometric data.

Amendment 1326

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 34 – paragraph 4 b (new)

Text proposed by the Commission

Amendment

4 b. For the purpose of authentication and identification, and in line with the principles of data minimisation and privacy by design and by default as laid down in 2016/679/EU, payment service providers shall provide by default authentication and identification methods which do not rely on biometric data.

Or. en

Amendment 1327

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 35 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. The European Central Bank and the national central banks perform a task in the public interest or exercise official authority where they process personal data for the following purposes:

1. Digital euro infrastructures shall be designed so that no personal data of natural persons is accessible to the ECB, national central banks, or intermediaries, except where strictly necessary for supervisory or AML/CFT obligations under EU law.

Pseudonymisation, encryption, and — where appropriate — privacy-preserving cryptographic techniques such as zero-knowledge proofs shall be required.

Data processing shall comply fully with Regulation (EU) 2016/679 (GDPR) and Regulation (EU) 2018/1725.

Or. en

Amendment 1328

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 35 – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) settlement of online digital euro payment transactions;

(b) settlement of online digital euro payment transactions, without being able to access or calculate end user balances and without being able to access transaction data;

Or. en

Amendment 1329

Markus Ferber

Proposal for a regulation

Article 35 – paragraph 3

Text proposed by the Commission

Amendment

3. The Commission is empowered to adopt delegated acts in accordance with Article 38 to update the types of personal data listed in Annex IV.

deleted

Or. en

Justification

Updates to the annexes should be done via a change of the regulation, not via a delegated act.

Amendment 1330

Regina Doherty

Proposal for a regulation

Article 35 – paragraph 4

Text proposed by the Commission

Amendment

4. Personal data processed for tasks referred to in paragraph 1 shall be supported by appropriate technical and organisational measures including state-of-the-art security and comprehensive privacy-preserving measures. This shall include the clear segregation of personal data to ensure that the European Central Bank and the national central banks cannot directly identify individual digital euro users. Privacy protection shall be of paramount importance at all times. These aforementioned measures shall be subject to regular review and updating to ensure that privacy preservation remains at the most advanced and comprehensive level.

Or. en

Amendment 1331

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 35 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 1332

Martin Schirdewan, Martin Günther, Özlem Demirel

Proposal for a regulation

Article 35 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 1333

Sibylle Berg

Proposal for a regulation

Article 35 – paragraph 8

Text proposed by the Commission

Amendment

8. For purpose of supporting the task of payment service providers to enforce the holding limits in accordance to Article 16(1) and ensuring the emergency switching upon the request of the user in accordance with Article 31(2), the ECB may alone or jointly with national central banks establish a single access point of digital euro user identifiers and the related digital euro holding limits as referred to in point (4) of Annex 4. The European Central Bank shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the identity of individual digital euro users cannot be inferred from the information accessed via the single access point by entities other than payment service providers whose customer or potential customer is the digital euro user.

8. For purpose of ensuring the emergency switching upon the request of the user in accordance with Article 31(2), the ECB may alone or jointly with national central banks establish a decentralised system based on secure multi-party computation. The European Central Bank shall implement appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures to ensure that the identity of individual digital euro users cannot be inferred from the information accessed via the single access point by entities other than payment service providers whose customer or potential customer is the digital euro user.

Or. en

Justification

Follow-up to deletion of Art 16 and decentralised system according to EDPB/EDPS Joint Opinion 02/2023 para 40

Amendment 1334

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 35 – paragraph 8

Text proposed by the Commission

Amendment

Or. en

Amendment 1335

Regina Doherty

Proposal for a regulation

Article 35 – paragraph 8

Text proposed by the Commission

Amendment

8. For purpose of supporting the task of payment service providers to enforce the holding limits in accordance to Article 16(1) and ensuring the emergency switching upon the request of the user in accordance with Article 31(2), the ECB may alone or jointly with national central banks establish a single access point of digital euro user identifiers and the related digital euro holding limits as referred to in point (4) of Annex 4. The European Central Bank shall implement appropriate technical and organisational measures including state-of-the-art security and comprehensive privacy-preserving measures to ensure that the identity of individual digital euro users cannot be inferred from the information accessed via the single access point by entities other than payment service providers whose customer or potential customer is the digital euro user. These measures shall be subject to regular review and updating to ensure that privacy preservation remains at the most advanced and comprehensive level.

Or. en

Amendment 1336

Sibylle Berg

Proposal for a regulation

Article 36 – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

1. Where the European Central Bank decides to confer tasks referred to in Article 27 and 32 upon providers of support services, providers of support services shall provide payment-related services across PSPs. In such a situation, payment service providers perform a task in the public interest, where they process personal data for the following purposes:

1. Where the European Central Bank decides to confer tasks referred to in Article 27 and 32 upon providers of support services, providers of support services shall provide payment-related services across PSPs. In such a situation, payment service providers shall solely process personal data where they perform a task in the public interest pursuant to Article 6(1)(e) of Regulation (EU) 2016/679, which are limited to the following purposes:

Or. en

Justification

EDPB/EDPS Joint Opinion 02/2023 para 87

Amendment 1337

Sibylle Berg

Proposal for a regulation

Article 36 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. For the purposes referred to paragraph 1(b) processing shall be limited to the data required for the prevention and detection of fraud across payment service providers, the Commission is empowered to adopt delegated acts in accordance with Article 38 to define the types of personal data. Those types of data shall be lay down in Annex V.

Or. en

Justification

EDPB and the EDPS note the absence of listed categories of personal data to be processed by the PSSs when operating the exchange of messages for the resolution of disputes pursuant to Article 27(2) of the Proposal, as well as the absence of clarification as to who would provide this information. Therefore, the EDPB and the EDPS recommend adding these clarifications to Annex V.

Amendment 1338

Regina Doherty

Proposal for a regulation

Article 36 – paragraph 4

Text proposed by the Commission

Amendment

4. The processing of personal data for the purposes referred to in paragraph 1 shall only take place when appropriate technical and organisational measures including state-of-the-art security and comprehensive privacy-preserving measures are implemented to ensure that the providers of support services cannot directly identify individual digital euro users. These measures shall be subject to regular review and updating to ensure that privacy preservation remains at the most advanced and comprehensive level.

Or. en

Amendment 1339

Martin Schirdewan, Martin Günther, Özlem Demirel

Proposal for a regulation

Article 36 – paragraph 4

Text proposed by the Commission

Amendment

4. The processing of personal data for the purposes referred to in paragraph 1 shall only take place when appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures are implemented to ensure that the providers of support services cannot directly or indirectly identify individual digital euro users.

Or. en

Amendment 1340

Sibylle Berg

Proposal for a regulation

Article 36 – paragraph 4

Text proposed by the Commission

Amendment

4. The processing of personal data for the purposes referred to in paragraph 1 shall only take place when appropriate technical and organisational measures including state-of-the-art security and privacy-preserving measures are implemented to ensure that the providers of support services cannot directly or indirectly identify individual digital euro users.

Or. en

Amendment 1341

Sibylle Berg

Proposal for a regulation

Article 36 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. Providers of support services designated under this Article shall be subject to [the Directive and Regulation on digital operational resilience for the financial sector].

Or. en

Justification

Support services will deal with sensitive personal data when managing disputes or fraud. Consumer personal data must be kept secure and therefore support services should be subject to EU legislation on digital operational resilience (DORA)

Amendment 1342

Sibylle Berg

Proposal for a regulation

Article 36 – paragraph 5

Text proposed by the Commission

Amendment

5. The providers of support services shall be considered to be the controllers of personal data as regards the purposes referred to in paragraph 1 of this Article. This paragraph is without prejudice to the European Central Bank and the national central banks appointing the operators of any payment-related services across PSPs and auditing of the service performance level without processing any personal data.

deleted

Or. en

Justification

EDPB/EDPS Joint Opinion 02/2023 para 84: "the co-legislators are invited to remove from Article 36(5) the qualification of the PSSs as controller in all cases, such qualification having to be assessed at a later stage in the light of the actual tasks entrusted by the ECB to the PSSs in relation to Articles 27 and 32 of the Proposal, as well as the EDPB's and EDPS's guidance on the concepts of controller and processor"

Amendment 1343

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 36 a (new)

Text proposed by the Commission

Amendment

Article 36a

Safeguards for offline digital euro

Offline digital euro transactions shall be designed to ensure maximum anonymity, equivalent to cash to the greatest technologically feasible extent.

Devices enabling offline digital euro storage shall:

a) store no long-term transaction history beyond technical safeguards preventing double-spending;

b) not permit profiling, geolocation, behavioural analytics, or cross-use of device identifiers;

c) allow reset or deletion of stored data by the user. Access to any offline-transaction data for AML/CFT purposes may occur only upon judicial authorisation.

Or. en

Amendment 1344

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 36 b (new)

Text proposed by the Commission

Amendment

Article 36b

Data location

All transaction-related data, cryptographic keys, and ledger components must be stored and processed exclusively within the Union. Cross-border transfers are prohibited unless the Commission confirms that an equivalent level of protection exists.

Or. en

Amendment 1345

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 37 – title

Text proposed by the Commission

Amendment

Anti-money laundering rules applying to offline digital euro payment transactions

Anti-money laundering rules applying to online and offline digital euro payment transactions

Or. en

Amendment 1346

Martin Schirdewan, Martin Günther, Özlem Demirel

Proposal for a regulation

Article 37 – title

Text proposed by the Commission

Amendment

Anti-money laundering rules applying to offline digital euro payment transactions

Anti-money laundering rules applying to offline digital euro and low value online digital euro payment transactions

Or. en

Amendment 1347

Markus Ferber

Proposal for a regulation

Article 37 – title

Text proposed by the Commission

Amendment

Anti-money laundering rules applying to offline digital euro payment transactions

Anti-money laundering rules applying to offline and low-value digital euro payment transactions

Or. en

Amendment 1348

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 37 – paragraph -1 (new)

Text proposed by the Commission

Amendment

-1. Payment service providers shall not retain transactions data relating to online digital euro payment transactions that do not exceed a low value threshold, to be defined by means of delegated acts based on a risk assessment in accordance with paragraph 6, provided that they meet the following risk mitigating conditions:

a) the transaction does not appear to be linked with other transactions exceeding the maximum threshold;

b) the funding and defunding was not carried in cash or anonymous electronic money;

c) the payment service provider does not have reasonable grounds for suspecting money laundering or terrorist financing.

Or. en

Amendment 1349

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 37 – paragraph -1 a (new)

Text proposed by the Commission

Amendment

-1 a. Payment service providers shall apply online a tiered approach for onboarding and authorising payments which would apply different levels of scrutiny to transactions according to risk. In order to ensure effective access to the digital euro as for vulnerable groups referred to Article 14 in paragraph 5, payment service providers are exempted from applying, fully or in part, customer due diligence measures referred to in Article 20 of the AML Regulation, where specific risk-mitigating conditions are met:

a) the payment instrument is used and does not exceed the thresholds specified in accordance with paragraph 5 for the maximum aggregated transactions value and maximum euros stored in the account;

b) the payment instrument is not funded by anonymous electronic money;

c) there are no reasonable grounds for suspecting money laundering or terrorist financing.

This is without prejudice to the exclusion from traceability obligations of certain payment instruments or devices under the conditions laid down by Article 2 paragraph 2 of Regulation 2023/1113 [Transfer of Funds Regulation]

Or. en

Amendment 1350

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 37 – paragraph -1 b (new)

Text proposed by the Commission

Amendment

-1 b. Payment service providers and intermediaries offering digital euro wallets shall provide a tiered approach for onboarding and authorising payments which would apply different levels of scrutiny to transactions according to risk.

In order to ensure effective access to the digital euro for vulnerable groups referred to Article 14 in paragraph 5, payment service providers are exempted from applying, fully or in part, customer due diligence measures referred to in Article 20 of the AML Regulation, where specific risk-mitigating conditions are met:

a) the payment instrument is used as a low-value payment instrument and does not exceed the thresholds specified in accordance with paragraph 5 for the maximum aggregated transactions value and maximum euros stored in the account;

b) the payment instrument is not funded by anonymous electronic money;

c) there are no reasonable grounds for suspecting money laundering or terrorist financing.

Or. en

Amendment 1351

Markus Ferber

Proposal for a regulation

Article 37 – paragraph 1

Text proposed by the Commission

Amendment

1. Payment services providers shall apply paragraphs 2 to 6 to offline digital euro payment transactions.

1. Payment services providers shall apply paragraphs 2 to 4 to offline digital euro payment transactions. Payment services providers shall apply paragraphs 2 to 4 to offline digital euro payment transactions and online transactions of less than 100 Euros.

Or. en

Justification

Low value and low-risk online transactions should benefit from a lighter regime.

Amendment 1352

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 37 – paragraph 1

Text proposed by the Commission

Amendment

1. Payment services providers shall apply paragraphs 2 to 6 to offline digital euro payment transactions.

1. Payment services providers shall apply paragraphs 2 to 6 to offline digital euro payment transactions. Payment services providers who have been identified by AMLA or the competent supervisor pursuant to Directive (EU) 2024/1640 as being exposed to a high money laundering/terrorist financing risk shall not provide offline payment services.

Or. en

Amendment 1353

Martin Schirdewan, Martin Günther, Özlem Demirel

Proposal for a regulation

Article 37 – paragraph 1

Text proposed by the Commission

Amendment

1. Payment services providers shall apply paragraphs 2 to 6 to offline digital euro payment transactions.

1. Payment services providers shall apply paragraphs 2 to 6 to offline digital euro payment transactions and to online digital euro payment transactions that are below the transaction limit referred to in paragraph 5.

Or. en

Amendment 1354

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 37 – paragraph 2

Text proposed by the Commission

Amendment

2. Transaction data shall not be retained by payment service providers or by the European central banks and the national central banks.

2. Transaction data relating to offline digital euro transactions shall not be accessed, stored and processed by payment service providers or by the European central banks and the national central banks and shall not be stored on the local storage device.

Or. en

Amendment 1355

Markus Ferber

Proposal for a regulation

Article 37 – paragraph 2

Text proposed by the Commission

Amendment

2. Transaction data shall not be retained by payment service providers or by the European central banks and the national central banks.

2. Payment transaction data pertaining to offline digital euro payment transactions shall not be processed by payment service providers or by the European Central Bank and the national central banks.

Or. en

Amendment 1356

Sibylle Berg

Proposal for a regulation

Article 37 – paragraph 2

Text proposed by the Commission

Amendment

2. Transaction data shall not be retained by payment service providers or by the European central banks and the national central banks.

2. Transaction data shall not be accessed, stored or processed by payment service providers or by the European central banks and the national central banks.

Or. en

Amendment 1357

Sibylle Berg

Proposal for a regulation

Article 37 – paragraph 3

Text proposed by the Commission

Amendment

3. Payment service providers shall retain data of funding and defunding for storing digital euros on payment instruments in accordance with Article 40 of Directive (EU) 2015/849 and national provisions transposing that Article. Payment service providers shall, upon request, make those data available to the Financial Intelligence Unit and other competent authorities as referred in Article 2(31) of Regulation [please insert reference – proposal for Anti-Money Laundering Regulation - COM/2021/420 final].

deleted

Or. en

Justification

Article 40 of Directive (EU) 2015/849 only applies to obliged entities such as banks, not to cash transactions in general. The same should apply to offline digital euro payments

Amendment 1358

Sibylle Berg

Proposal for a regulation

Article 37 – paragraph 4

Text proposed by the Commission

Amendment

4. For the purposes of paragraph 3, the funding and defunding data means the following:

deleted

(a) the amount funded or defunded;

(b) the identifier of the local storage device for offline digital euro payment;

(d) the accounts numbers used for funding and defunding.

Or. en

Justification

following deletion of para 3

Amendment 1359

Markus Ferber

Proposal for a regulation

Article 37 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission is empowered to adopt implementing acts setting offline digital euro payment transaction limits and holding limits. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39.

deleted

Or. en

Justification

Transaction and holding limits should be determined by the legislator.

Amendment 1360

Sibylle Berg

Proposal for a regulation

Article 37 – paragraph 5

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

For cash there are no holding or transaction limits imposed by EU law, either

Amendment 1361

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 37 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission is empowered to adopt delegated acts to set:

(a) the threshold for low value digital euro payment transactions and mitigating conditions;

(b) offline digital euro payment transaction limits and holding limits.

The Commission shall regularly review the delegated acts on a regular basis to ensure that related thresholds remain appropriate to the level of money laundering risk and the objective of ensuring the usability and acceptance of the digital euro.

Or. en

Amendment 1362

Martin Schirdewan, Martin Günther, Özlem Demirel

Proposal for a regulation

Article 37 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission is empowered to adopt delegated acts in accordance with Article 38 setting offline digital euro payment transaction limits and holding limits. For the purpose of defining the transaction limit for online digital euro payment transactions referred to in paragraph 1, the Commission is empowered to adopt delegated acts in accordance with Article 38.

Or. en

Amendment 1363

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 37 – paragraph 5

Text proposed by the Commission

Amendment

5. The Commission is empowered to adopt delegated acts setting offline digital euro payment transaction limits and holding limits. Those delegated acts shall be adopted in accordance with Article 38.

Or. en

Amendment 1364

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 37 – paragraph 5 a (new)

Text proposed by the Commission

Amendment

5 a. No later than six months after the entry into force of this Regulation, AMLA shall issue a recommendation to the European Commission to specify:

(a) the recommended threshold and risk-mitigating measures for low value online digital euro payment transactions;

(b) the recommended maximum amount per offline transaction;

(c) the recommended aggregate limits on the total value of offline transactions over a defined period, including monthly thresholds;

(d) the recommended maximum holdings permitted offline;

(e) risk-mitigating conditions under which simplified due diligence or exemption from simplified due diligence obligations may be applied with respect to the offline payment instrument.

Or. en

Amendment 1365

Markus Ferber

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

6. Transaction and holding limits shall take into account the need to prevent money laundering and terrorist financing while not unduly restricting the use of the offline digital euro as a means of payment. The Commission, when drawing up the implementing acts referred to in paragraph 5, shall take into account in particular the following:

deleted

Or. en

Justification

Transaction and holding limits should be determined by the legislator.

Amendment 1366

Sibylle Berg

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

For cash there are no holding or transaction limits imposed by EU law, either

Amendment 1367

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Transaction and holding limits shall take into account the need to prevent money laundering and terrorist financing while not unduly restricting the use of the offline digital euro as a means of payment. The Commission, when drawing up the implementing acts referred to in paragraph 5, shall take into account the assessment of money laundering and terrorist financing risks, relevant international recommendations, and the objective of ensuring the usability and acceptance of the digital euro as a legal tender instrument. The processing of personal data for digital euro transactions shall be strictly limited to what is technically indispensable for settlement. Any form of profiling, behavioural analysis or long-term tracking of individual payment behaviour shall be explicitly prohibited. Offline digital euro transactions shall ensure a level of privacy equivalent to cash payments.

Or. en

Justification

This amendment strengthens the fundamental rights protections of digital euro users by introducing strict data minimisation obligations and explicitly prohibiting profiling, behavioural analysis and long-term tracking. It prevents the creation of centralised behavioural datasets while maintaining AML/CFT objectives.

Amendment 1368

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Or. en

Amendment 1369

Martin Schirdewan, Martin Günther, Özlem Demirel

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Transaction and holding limits shall take into account the need to prevent money laundering and terrorist financing while not unduly restricting the use of the offline and online digital euro as a means of payment. The Commission, when drawing up the delegated acts referred to in paragraph 5, shall take into account in particular the following:

Or. en

Amendment 1370

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – introductory part

Text proposed by the Commission

Amendment

Or. en

Amendment 1371

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) an assessment of the money laundering and terrorist financing threats, vulnerabilities and risks of the digital euro when funding and defunding their payment instrument;

deleted

Or. en

Justification

not needed as it was incorporated into amendment 15

Amendment 1372

Markus Ferber

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) an assessment of the money laundering and terrorist financing threats, vulnerabilities and risks of the digital euro when funding and defunding their payment instrument;

deleted

Or. en

Amendment 1373

Sibylle Berg

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – point a

Text proposed by the Commission

Amendment

(a) an assessment of the money laundering and terrorist financing threats, vulnerabilities and risks of the digital euro when funding and defunding their payment instrument;

deleted

Or. en

Amendment 1374

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) relevant recommendations and reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing;

deleted

Or. en

Justification

not needed as it was incorporated into amendment 15

Amendment 1375

Sibylle Berg

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) relevant recommendations and reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing;

deleted

Or. en

Amendment 1376

Markus Ferber

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – point b

Text proposed by the Commission

Amendment

(b) relevant recommendations and reports drawn up by international organisations and standard setters with competence in the field of preventing money laundering and combating terrorist financing;

deleted

Or. en

Amendment 1377

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Justification

not needed as it was incorporated into amendment 15

Amendment 1378

Sibylle Berg

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1379

Markus Ferber

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1380

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 1 – point c a (new)

Text proposed by the Commission

Amendment

(c a) the objective of introducing a payment instrument offering a similar level of privacy to banknotes and coins.

Or. en

Amendment 1381

Sibylle Berg

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 2

Text proposed by the Commission

Amendment

For the purposes of point (a), the Commission may request AMLA to adopt an opinion assessing the level of money laundering and terrorist financing threats associated with the offline digital euro and its vulnerabilities. The Commission may consult the European Data Protection Board.

deleted

Or. en

Amendment 1382

Markus Ferber

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 2

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1383

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 2

Text proposed by the Commission

Amendment

The Commission shall adopt the delegated acts referred to in paragraphs 1 and 5 by 18 months after the entry into force of this Regulation.

Or. en

Amendment 1384

Martin Schirdewan, Martin Günther, Özlem Demirel

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 2

Text proposed by the Commission

Amendment

For the purposes of point (a), the Commission may request AMLA to adopt an opinion assessing the level of money laundering and terrorist financing threats associated with the offline and online digital euro and its vulnerabilities. The Commission shall consult the European Data Protection Board.

Or. en

Amendment 1385

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 37 – paragraph 6 – subparagraph 2 a (new)

Text proposed by the Commission

Amendment

By one year after the first issuance of the digital euro and after consulting the AMLA and the EDPB, the Commission shall present a report to the European Parliament and the Council on the application of this Article and on the money laundering and terrorist financing vulnerabilities and risks of the digital euro transactions, accompanied, where appropriate, by a legislative proposal.

The report shall contain, inter alia:

(a) an assessment of the money laundering and terrorist financing remaining vulnerabilities and risks associated with digital euro transactions benefitting from enhanced privacy;

(b) an assessment of the money laundering and terrorist financing remaining vulnerabilities and risks of the digital euro when funding and defunding their payment instrument;

Or. en

Amendment 1386

Katri Kulmuni

Proposal for a regulation

Chapter IX a (new)

Text proposed by the Commission

Amendment

Chapter IX a

Resilience and preparedness in digital euro payments

Article 37a

Possibility to adopt certain measures in exceptional circumstances

One or more of the following measures may be adopted pursuant to the provisions of this chapter, as appropriate, in situations where there is widespread and severe disruption of the continuity of digital payments, including digital euro 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:

a) raising offline digital euro holding and payment transaction limits;

b) emergency switching;

c) enhancing the distribution of the digital euro.

The measures listed in the first subparagraph, points (a), (b), and (c), shall be limited in time, duly justified and proportionate. The measures shall be applied during the period of time that is necessary in view of the exceptional circumstances in question.

Article 37b

Procedures for raising the offline digital euro holding and transaction limits

1. In the circumstances set out in Article 37a one or more Member States may submit a request to the Commission for a temporary increase of the applicable offline digital euro payment transaction limits and offline digital euro holding limits, within the limits to the use of the digital euro as a store of value set out in accordance with Article 16. Such a request shall specify, and be limited to, the relevant categories of users under the jurisdiction of the requesting Member State or Member States, and shall contain the grounds justifying that measure and the envisaged start date and end date for its application. The duration of the measure shall not exceed three months. Upon expiry of that period, the Member State concerned may submit a renewed request in accordance with this Article, where duly justified.

2. The European Central Bank and the Member States other than those requesting the measure envisaged in paragraph 1 may submit their opinion on the proposed measure without undue delay and in any event within a limit of 24 hours from the notification of the request by the Commission.

3. If the circumstances as referred to in Article 37a are present and the conditions set out in this Article for the adoption of the measure are met, the Commission, after duly considering the opinions referred to in paragraph 2, shall adopt its implementing act setting out the temporary increase of the digital euro offline payment transaction and holding limits, the scope of its application, including the territorial application and the timeframe of that increase, without undue delay and in any event within 48 hours after receiving the request referred to in paragraph 1. In case of a negative decision, the Commission shall provide grounds for it. In adopting such an implementing act, the Commission shall take into account the principles referred to in Article 37(6).

4. The Commission may adopt such a measure also on its own initiative. Paragraph 2 shall apply mutatis mutandis.

5. The measure shall cease to apply at the end of the timeframe provided for in the Commission implementing act. In duly justified cases, where the circumstances set out in Article 37a justifying the adoption of the measure continue to exist, change or cease to exist, the Commission shall on its own initiative or after request from the Member State concerned, without undue delay, adopt a new implementing act under paragraph 3 amending or repealing the measure. Paragraph 2 shall also apply.

Article 37c

Emergency switching in exceptional circumstances

1. In the circumstances set out in Article 37a one or more Member States may submit a reasoned request to the European Central Bank or the relevant national central bank to authorise the emergency switching to the entity or entities designated by those Member States under Article 37d if, on the basis of the information provided by the requesting Member State, the measure is justified and proportionate for the achievement of one or more of the following objectives:

(a) to ensure the continuity of digital euro payment functions;

(b) to protect the access of digital euro users to their digital euro holdings.

2. For the purpose of this Article, emergency switching shall mean an authorisation of the switching of the provision of mandatory digital euro payment and mandatory acquiring services, as referred to in Annex II and Annex IIa, from one payment service provider or providers to another payment service provider or providers designated by the Member State in accordance with Article 37d(1). The receiving payment service provider shall perform the emergency switching upon notification of such authorisation, without undue delay and without the need to exchange information with the unavailable payment service provider.

3. The European Central Bank or the relevant national central bank may discuss with the requesting Member State the proportionate measures to be adopted. They shall only refuse to authorise emergency switching if such authorisation is not justified in view of the achievement of the objectives set out in paragraph 1.

4. The emergency switching under this Article shall be a temporary measure. It shall only apply for as long as the measure is justified in view of the achievement of the objectives set out in paragraph 1. Where the circumstances set out in Article 37a justifying the adoption of the measure change or cease to exist, the measure shall be amended or repealed according to the same methods and procedures that led to its adoption. The duration of the measure shall not exceed three months. Before expiration of that period, the Member State concerned may submit a renewed request in accordance with this Article, where duly justified.

5. When the emergency switching is carried out in accordance with this Article, the digital euro payment access number shall be maintained.

6. Upon the opening of a digital euro payment account, payment service providers shall request from digital euro users their authorisation to share, with other authorities or entities designated to provide temporary digital euro payment services according to Article 37d, the information necessary to identify the direct liability in digital euro of the European Central Bank or of national central banks towards the digital euro user in order to facilitate the emergency switching in the conditions established in this article. Digital euro users may also decide not to give that authorisation to share the information necessary to identify the direct liability in digital euro of the European Central Bank or of national central banks towards the digital euro user or withdraw it at any time thereafter.

7. The payment service providers shall inform digital euro users about the consequences of not authorising the sharing of the information necessary to identify the direct liability in digital euro of the European Central Bank or of national central banks towards the digital euro user in the conditions established in this article, in particular the impossibility to carry out the emergency switching foreseen in this Article.

Article 37d

Enhancing the distribution of the digital euro in exceptional circumstances

In the circumstances set out in Article 37a, and only for as long as it is justified, Member States may decide that one or more of the authorities or other entities referred to in Article 1(1) points (a) to (d), and (f) of the Directive (EU) 2015/2366 shall provide temporary digital euro payment services to the persons and entities referred to in Article 12a(1), points (a) to (f) that are necessary to facilitate the continuity of daily mandatory digital euro payment services.

Article 37e

Digital euro settlement infrastructure, recovery procedures, reporting and testing

1. The digital euro settlement infrastructure shall consist of physically separate processing sites, which all together form a resilient digital euro payment system.

2. A processing site shall:

a) be physically located in the Union within an appropriate geographical distance from another processing site;

b) have adequate resources, capabilities, functions and staffing arrangements to ensure its operability; and

c) be capable of ensuring the continuity of important or critical settlement functions in the event of a disruption, an incident or an attack compromising the security, availability, authenticity, integrity or confidentiality of data, or the services provided by another processing site.

3. The digital euro settlement infrastructure shall have in place documented policies, procedures and methods for quick and efficient restoration and recovery of a processing site. The activation of policies, procedures and methods shall not jeopardize the security, availability, authenticity, integrity or confidentiality of data related to the digital euro settlement infrastructure.

4. The digital euro settlement infrastructure shall have in place processes to assess whether the disruption, incident or attack affecting a processing site has a significant impact on the operability of the digital euro settlement infrastructure and, without undue delay, inform relevant national and Union authorities of such significant disruption, indecent or attack.

5. The resilience of the digital euro settlement infrastructure shall periodically be tested comprehensively. The conducted tests shall reflect the evolving threat landscape and the emergence of new risks.

Or. en

Justification

Article 37a ensures that digital euro payments can continue even during major disruptions such as natural disasters or serious cyber incidents. Article 37b ensures that people and businesses can keep using the digital euro during exceptional situations by allowing temporary increases to offline payment and holding limits. This makes the digital euro more practical when normal digital payment systems are disrupted. Article 37c keeps digital euro payments functioning during exceptional disruptions by allowing a temporary switch to backup payment service providers. Article 37d ensures that citizens can continue using the digital euro during exceptional disruptions by allowing Member States to appoint certain authorities or entities to temporarily provide vital digital euro payment services.

Amendment 1387

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 38 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 11, 33, 34 and 35 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 Articles 11, 14, 34, 35, 36, 37 and 38 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].

Or. en

Amendment 1388

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 38 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 11, 16, 33, 34, 35 and 37 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].

Or. en

Amendment 1389

Martin Schirdewan, Martin Günther, Özlem Demirel

Proposal for a regulation

Article 38 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 11, 33, 34, 35 and 37 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].

Or. en

Amendment 1390

Fabio De Masi

Proposal for a regulation

Article 38 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 33, 34 and 35 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].

Or. de

Amendment 1391

Luděk Niedermayer

Proposal for a regulation

Article 38 – paragraph 2

Text proposed by the Commission

Amendment

2. The power to adopt delegated acts referred to in Articles 11, 16, 33, 34 and 35 shall be conferred on the Commission for an indeterminate period of time from [date of entry into force of this Regulation].

Or. en

Amendment 1392

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 38 – paragraph 3

Text proposed by the Commission

Amendment

3. The power to adopt the delegated acts referred to in Articles 11, 33, 34 and 35 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.

3. The power to adopt the delegated acts referred to in Articles 11, 16, 33, 34, 35 and 37 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.

Or. en

Amendment 1393

Martin Schirdewan, Martin Günther, Özlem Demirel

Proposal for a regulation

Article 38 – paragraph 3

Text proposed by the Commission

Amendment

3. The power to adopt the delegated acts referred to in Articles 11, 33, 34, 35 and 37 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.

Or. en

Amendment 1394

Fabio De Masi

Proposal for a regulation

Article 38 – paragraph 3

Text proposed by the Commission

Amendment

3. The power to adopt the delegated acts referred to in Articles 33, 34 and 35 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.

Or. de

Amendment 1395

Sibylle Berg

Proposal for a regulation

Article 38 – paragraph 4

Text proposed by the Commission

Amendment

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.

4. Before adopting a delegated act, the Commission shall consult the European Data Protection Supervisor pursuant to Article 42 of Regulation (EU) 2018/1725 and 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.

Or. en

Justification

EDPB/EDPS Joint Opinion 02/2023 para 99

Amendment 1396

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 38 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 1397

Martin Schirdewan, Martin Günther, Özlem Demirel

Proposal for a regulation

Article 38 – paragraph 4

Text proposed by the Commission

Amendment

Or. en

Amendment 1398

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 38 – paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Articles 11, 33, 34 and 35 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 two months at the initiative of the European Parliament or of the Council.

6. A delegated act adopted pursuant to Articles 11, 16, 33, 34, 35 and 37 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 two months at the initiative of the European Parliament or of the Council.

Or. en

Amendment 1399

Fabio De Masi

Proposal for a regulation

Article 38 – paragraph 6

Text proposed by the Commission

Amendment

6. A delegated act adopted pursuant to Articles 33, 34 and 35 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 two months at the initiative of the European Parliament or of the Council.

Or. de

Amendment 1400

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 40 – paragraph 1 – subparagraph 2 – introductory part

Text proposed by the Commission

Amendment

For that purpose, the European Central Bank shall report on the digital euro development and its use. The report shall cover the contribution of the European Central Bank in the implementation of the provisions of this Regulation, including on the following elements:

Before the planned issuance of the digital euro and ahead of the implementation of any changes of the parameters and use of the instruments referred to in Article 16 or at least every three years after the issuance of the digital euro, the European Central Bank shall provide comprehensive and transparent information about its analysis underpinning the calibration of these parameters to the European Parliament, the Council and the Commission. These requirements shall include, but are not limited to:

(a) information on the instruments to limit the use of the digital euro as referred to in Article 16. This disclosure must take into account the prevailing financial and monetary environment and any anticipated changes that may arise as a result of the digitalisation of the financial sector, including the implications of a growing use of private digital assets like stablecoins;

(b) an analysis on how the instruments and the parameters referred to in point (a) are expected to meet the objectives set out in Article 15(1). This analysis shall include clear justification for the proposed instruments and parameters, supported by robust data and evidence, an evaluation of potential risks and benefits to financial stability across the euro area and consideration of the broader economic implications;

(c) information regarding the application of the principle of proportionality. The ECB shall explicitly demonstrate how the principle of proportionality has been applied in the design and implementation of the instruments and parameters. This includes ensuring that the measures proposed are appropriate and necessary to achieve their objectives without exceeding what is required and balancing the need to safeguard financial stability with the rights and interests of individuals, particularly in terms of accessibility and usability of the digital euro;

(d) detailed assessment of alternative options: The ECB shall provide a comparative analysis of alternative options considered for achieving the same objectives.

Or. en

Amendment 1401

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 40 – paragraph 1 – subparagraph 2 – point a

Text proposed by the Commission

Amendment

(a) the level of fees or charges to be paid by merchants to payment service providers, or paid between payment service providers;

deleted

Or. en

Amendment 1402

Auke Zijlstra

Proposal for a regulation

Article 40 – paragraph 1 – subparagraph 2 – point a a (new)

Text proposed by the Commission

Amendment

(a a) the costs incurred by the European Central Bank and the national central banks for the establishment, the operation, and the management of the digital euro payment system, including the operation of the settlement infrastructure;

Or. en

Amendment 1403

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 40 – paragraph 1 – subparagraph 2 – point b

Text proposed by the Commission

Amendment

(b) the interoperability of the digital euro with other currencies in Member States whose currency is not the euro and in third countries;

deleted

Or. en

Amendment 1404

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 40 – paragraph 1 – subparagraph 2 – point c

Text proposed by the Commission

Amendment

(c) the development of central bank digital currencies other than the digital euro in Member States whose currency is not the euro and in relevant third countries, and the relevance of these developments for the euro area;

deleted

Or. en

Amendment 1405

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 40 – paragraph 1 – subparagraph 2 – point d

Text proposed by the Commission

Amendment

(d) market trends in payments and relevance of such trends for innovative use cases.

deleted

Or. en

Amendment 1406

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 40 – paragraph 1 – subparagraph 2 – point d a (new)

Text proposed by the Commission

Amendment

(d a) the state of implementation of privacy-enhancing features in the design and operation of the digital euro, including data minimisation and data protection by design and by default and the assessment of zero-knowledge proof systems and other privacy enhancing technologies;

Or. en

Amendment 1407

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

Proposal for a regulation

Article 40 – paragraph 1 – subparagraph 2 – point d a (new)

Text proposed by the Commission

Amendment

(d a) the development of existing and emergence of new technologies which might be of relevance for the digital euro infrastructure.

Or. en

Amendment 1408

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 40 – paragraph 1 – subparagraph 2 – point d b (new)

Text proposed by the Commission

Amendment

(d b) the operational resilience of the digital euro infrastructure, including cybersecurity incidents, fraud patterns and contingency measures;

Or. en

Amendment 1409

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 40 – paragraph 1 – subparagraph 2 – point d c (new)

Text proposed by the Commission

Amendment

(d c) the environmental and energy efficiency performance of the digital euro infrastructure.

Or. en

Amendment 1410

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 40 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Before the planned issuance of the digital euro and ahead of the implementation of any changes of the parameters and use of the instruments referred to in Article 16 or at least every three years after the issuance of the digital euro, the European Central Bank shall provide to the European Parliament, the Council and the Commission:

deleted

Or. en

Amendment 1411

Pasquale Tridico

on behalf of The Left Group

Proposal for a regulation

Article 40 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Before the planned issuance of the digital euro, and ahead of the implementation of any changes to the parameters and use of the instruments referred to in Article 16, or at least every three years after the issuance of the digital euro, the European Central Bank shall provide the European Parliament, the Council and the Commission with comprehensive and transparent information on the analysis underpinning the calibration of these parameters. This information shall include, but not be limited to:

Or. en

Amendment 1412

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 40 – paragraph 2 – introductory part

Text proposed by the Commission

Amendment

2. Before the issuance of the digital euro and ahead of the implementation of any changes of the parameters and use of the instruments referred to in Article 16 or at least every three years after the issuance of the digital euro, the European Central Bank shall provide to the European Parliament, the Council and the Commission:

Or. en

Amendment 1413

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 40 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) information on the instruments to limit the use of the digital euro as referred to in Article 16 and the parameters that the European Central Bank plans to adopt in view of the prevailing financial and monetary environment;

deleted

Or. en

Amendment 1414

Pasquale Tridico

on behalf of The Left Group

Proposal for a regulation

Article 40 – paragraph 2 – point a

Text proposed by the Commission

Amendment

(a) information on the instruments to limit the use of the digital euro as referred to in Article 16. This disclosure shall take into account the prevailing financial and monetary environment, as well as anticipated developments stemming from the digitalisation of the financial sector, including the growing use of private digital assets such as stablecoins.

Or. en

Amendment 1415

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 40 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) an analysis on how the instruments and the parameters referred to in point (a) are expected to meet the objective of safeguarding financial stability.

deleted

Or. en

Amendment 1416

Pasquale Tridico

on behalf of The Left Group

Proposal for a regulation

Article 40 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) an analysis on how the instruments and the parameters referred to in point (a) are expected to meet the objective of safeguarding financial stability.

(b) an analysis on how the instruments and parameters referred to in point (a) are expected to meet the objectives set out in Article 15(1). This explanation shall include a clear justification for the chosen instruments and parameters, based on robust data and evidence, an assessment of potential risks and benefits to financial stability across the euro area, and consideration of wider economic implications;

Or. en

Amendment 1417

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 40 – paragraph 2 – point b

Text proposed by the Commission

Amendment

(b) an analysis on how the instruments and the parameters referred to in point (a) are expected to meet the objective of safeguarding financial stability.

(b) an analysis on how the instruments and the parameters referred to in point (a) are expected to meet the objective of safeguarding financial stability and monetary sovereignty, and support the effective transmission of monetary policy.

Or. en

Amendment 1418

Pasquale Tridico

on behalf of The Left Group

Proposal for a regulation

Article 40 – paragraph 2 – point b a (new)

Text proposed by the Commission

Amendment

(b a) information on how the principle of proportionality has been applied in designing and implementing the instruments and parameters, demonstrating that the measures are appropriate and necessary to achieve their objectives without exceeding what is required, and that they strike a balance between safeguarding financial stability and protecting individuals’ rights, particularly regarding accessibility and usability of the digital euro.

Or. en

Amendment 1419

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Article 40 – paragraph 3

Text proposed by the Commission

Amendment

3. One year after the first issuance of the digital euro and every three years thereafter, the Commission shall submit to the European Parliament and to the Council a report analysing the impact of the parameters and the use of instruments referred to in Article 16 on:

deleted

(a) the role of financial intermediaries in the financing of the economy;

(b) liquidity requirements laid down in Regulation 575/2013 of the European Parliament and the Council.

Or. en

Amendment 1420

Luděk Niedermayer

Proposal for a regulation

Article 40 – paragraph 4 a (new)

Text proposed by the Commission

Amendment

4 a. At the latest by 2028, the Council or the European Parliament may, on the basis of a reasoned opinion that the implementation of the digital euro project is materially deviating from the framework established in this Regulation, request the European Commission to present a report, prepared in cooperation with the European Central Bank, on the progress made towards the establishment of the digital euro. On the basis of the assessment of that report, the Council or the European Parliament may request the European Commission to take appropriate measures.

Or. en

Amendment 1421

Auke Zijlstra, Pierre Pimpie

Proposal for a regulation

Article 40 a (new)

Text proposed by the Commission

Amendment

Article 40a

Pilot Phase

1. The wholesale and offline digital euro introduced by this Regulation shall operate on a pilot basis for at least five years.

2. The Commission and ECB shall publish a comprehensive evaluation report assessing:

a) financial-stability effects;

b) privacy and data-protection compliance;

c) market impact on European payment solutions;

d) technological performance.

3. Any decision to introduce a retail or online digital euro must be adopted only via a new, separate legislative act, subject to full democratic scrutiny.

4. No default transition from wholesale/offline pilots to retail use shall occur.

Or. en

Amendment 1422

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

Proposal for a regulation

Article 40 a (new)

Text proposed by the Commission

Amendment

Article 40a

Possibility to adopt certain measures in exceptional circumstances

a) raising offline digital euro holding and payment transaction limits;

b) emergency switching;

c) enhancing the distribution of the digital euro;

Or. en

Amendment 1423

Eero Heinäluoma, Marina Kaljurand, Sven Mikser

Proposal for a regulation

Article 40 a (new)

Text proposed by the Commission

Amendment

Article 40a

Possibility to adopt certain measures in exceptional circumstances

a) raising offline digital euro holding and payment transaction limits;

b) emergency switching;

c) enhancing the distribution of the digital euro;

Or. en

Amendment 1424

Eero Heinäluoma, Marina Kaljurand, Sven Mikser

Proposal for a regulation

Article 40 b (new)

Text proposed by the Commission

Amendment

Article 40b

Procedures for raising the offline digital euro holding and transaction limits

1. In the circumstances set out in Article 40a one or more Member States may submit a request to the Commission for a temporary increase of the applicable offline digital euro payment transaction limits and offline digital euro holding limits, within the limits to the use of the digital euro as a store of value set out in accordance with Article 16. Such a request shall specify, and be limited to, the relevant categories of users under the jurisdiction of the requesting Member State or Member States, and shall contain the grounds justifying that measure and the envisaged start date and end date for its application. The duration of the measure shall not exceed three months. Upon expiry of that period, the Member State concerned may submit a renewed request in accordance with this Article, where duly justified.

3. If the circumstances as referred to in Article 40a are present and the conditions set out in this Article for the adoption of the measure are met, the Commission, after duly considering the opinions referred to in paragraph 2, shall adopt its implementing act setting out the temporary increase of the digital euro offline payment transaction and holding limits, the scope of its application, including the territorial application and the timeframe of that increase, without undue delay and in any event within 48 hours after receiving the request referred to in paragraph 1. In case of a negative decision, the Commission shall provide grounds for it. In adopting such an implementing act, the Commission shall take into account the principles referred to in Article 37(6).

4. The Commission may adopt such a measure also on its own initiative. Paragraph 2 shall apply mutatis mutandis.

5. The measure shall cease to apply at the end of the timeframe provided for in the Commission implementing act. In duly justified cases, where the circumstances set out in Article 40a justifying the adoption of the measure continue to exist, change or cease to exist, the Commission shall on its own initiative or after request from the Member state concerned, without undue delay, adopt a new implementing act under paragraph 3 amending or repealing the measure. Paragraph 2 shall also apply.

Or. en

Amendment 1425

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

Proposal for a regulation

Article 40 b (new)

Text proposed by the Commission

Amendment

Article 40b

Procedures for raising the offline digital euro holding and transaction limits

1. In the circumstances set out in Article 40a by way of derogation one or more Member States may submit a request to the Commission for a temporary increase of the applicable offline digital euro payment transaction limits and offline digital euro holding limits, which must be forwarded duly to the ECB. The request shall specify, and be limited to, the relevant categories of users under the jurisdiction of the requesting Member State or Member States, and shall contain the grounds justifying that measure and the envisaged start date and end date for its application. The duration of the measure shall not exceed three months. Upon expiry of that period, the Member State concerned may submit a renewed request in accordance with this Article, where duly justified.

2. If the circumstances as referred to in Article 40a are present and the conditions for the adoption of the measure are met, the Commission, shall adopt an implementing act proposing the temporary increase of the digital euro offline payment transaction and holding limits and must submit a relevant request to the ECB. In case of a negative decision, the Commission shall provide grounds for it. In adopting such an implementing act, the Commission shall take into account the principles referred to in Article 37(6).

4. The Commission may adopt such a measure also on its own initiative. Paragraph 2 shall apply mutatis mutandis.

5. The measure shall cease to apply at the end of the timeframe provided for in the Commission implementing act. In duly justified cases, where the circumstances set out in Article 40a justifying the adoption of the measure continue to exist, change or cease to exist, the Commission shall on its own initiative or after request from the Member state concerned, without undue delay, adopt a new implementing act under paragraph 3 amending or repealing the measure. Paragraph 2 shall also apply.

Or. en

Amendment 1426

Eero Heinäluoma, Marina Kaljurand, Sven Mikser

Proposal for a regulation

Article 40 c (new)

Text proposed by the Commission

Amendment

Article 40c

Emergency switching in exceptional circumstances

1. In the circumstances set out in Article 40a one or more Member States may submit a reasoned request to the European Central Bank or the relevant national central bank to authorise the emergency switching to the entity or entities designated by those Member States under Article 40d if, on the basis of the information provided by the requesting Member State, the measure is justified and proportionate for the achievement of one or more of the following objectives:

(a) to ensure the continuity of digital euro payment functions;

(b) to protect the access of digital euro users to their digital euro holdings.

2. For the purpose of this Article, emergency switching shall mean an authorisation of the switching of the provision of mandatory digital euro payment and mandatory acquiring services, as referred to in Annex II and Annex IIa, from one payment service provider or providers to another payment service provider or providers designated by the Member State in accordance with Article 40d(1). The receiving payment service provider shall perform the emergency switching upon notification of such authorisation, without undue delay and without the need to exchange information with the unavailable payment service provider.

4. The emergency switching under this Article shall be a temporary measure. It shall only apply for as long as the measure is justified in view of the achievement of the objectives set out in paragraph 1. Where the circumstances set out in Article 40a justifying the adoption of the measure change or cease to exist, the measure shall be amended or repealed according to the same methods and procedures that led to its adoption. The duration of the measure shall not exceed three months. Before expiration of that period, the Member State concerned may submit a renewed request in accordance with this Article, where duly justified.

5. When the emergency switching is carried out in accordance with this Article, the digital euro payment access number shall be maintained.

6. Upon the opening of a digital euro payment account, payment service providers shall request from digital euro users their authorisation to share, with other authorities or entities designated to provide temporary digital euro payment services according to Article 40d, the information necessary to identify the direct liability in digital euro of the European Central Bank or of national central banks towards the digital euro user in order to facilitate the emergency switching in the conditions established in this Article. Digital euro users may also decide not to give that authorisation to share the information necessary to identify the direct liability in digital euro of the European Central Bank or of national central banks towards the digital euro user or withdraw it at any time thereafter.

Or. en

Amendment 1427

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

Proposal for a regulation

Article 40 c (new)

Text proposed by the Commission

Amendment

Article 40c

Emergency switching in exceptional circumstances

(a) to ensure the continuity of digital euro payment functions;

(b) to protect the access of digital euro users to their digital euro holdings.

2. For the purpose of this Article, emergency switching shall mean an authorisation of the switching of the provision of mandatory digital euro payment and mandatory acquiring services, as referred to in Annex II and Annex IIa, from one payment service provider or providers to another payment service provider or providers designated by the Member State in accordance with Article 40d(1). The receiving payment service provider shall perform the emergency switching upon notification of such authorisation, without undue delay and without the need to exchange information with the unavailable payment service provider.

4. The emergency switching under this Article shall be a temporary measure. It shall only apply for as long as the measure is justified in view of the achievement of the objectives set out in paragraph 1. Where the circumstances set out in Article 40a justifying the adoption of the measure change or cease to exist, the measure shall be amended or repealed according to the same methods and procedures that led to its adoption. The duration of the measure shall not exceed three months. Before expiration of that period, the Member State concerned may submit a renewed request in accordance with this Article, where duly justified.

5. When the emergency switching is carried out in accordance with this Article, the digital euro payment access number shall be maintained.

6. Upon the opening of a digital euro payment account, payment service providers shall request from digital euro users their authorisation to share, with other authorities or entities designated to provide temporary digital euro payment services according to Article 40d, the information necessary to identify the direct liability in digital euro of the European Central Bank or of national central banks towards the digital euro user in order to facilitate the emergency switching in the conditions established in this article. Digital euro users may also decide not to give that authorisation to share the information necessary to identify the direct liability in digital euro of the European Central Bank or of national central banks towards the digital euro user or withdraw it at any time thereafter.

Or. en

Amendment 1428

Eero Heinäluoma, Marina Kaljurand, Sven Mikser

Proposal for a regulation

Article 40 d (new)

Text proposed by the Commission

Amendment

Article 40d

Enhancing the distribution of the digital euro in exceptional circumstances

In the circumstances set out in Article 40a, and only for as long as it is justified, Member States may decide that one or more of the authorities or other entities referred to in Article 1 (1) points (a) to (d), and (f) of the Directive (EU) 2015/2366 shall provide temporary digital euro payment services to the persons and entities referred to in Article 12a(1), points (a) to (f) that are necessary to facilitate the continuity of daily mandatory digital euro payment services.

Or. en

Amendment 1429

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

Proposal for a regulation

Article 40 d (new)

Text proposed by the Commission

Amendment

Article 40d

Enhancing the distribution of the digital euro in exceptional circumstances

Or. en

Amendment 1430

Markus Ferber

Proposal for a regulation

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

1. By one year from the first issuance of the digital euro, and every three years thereafter, the Commission shall present to the European Parliament and to the Council a report on the application of this Regulation. When preparing its report, the Commission shall take into account the reports by European Central Bank referred in Article 40 and any opinion and views expressed by the European Central Bank.

In this report, the European Commission shall in particular analyse the following aspects:

(a) the appropriateness of the holding limit, including the implications for financial stability and the effect on banks' deposits and lending capacity;

(b) the possibility for tokenisation of the digital euro and its usability for distributed ledger applications;

(c) the potential use cases for the digital euro in a business-to-business context and the necessary steps needed to make the digital euro work in a business-to-business context.

Or. en

Amendment 1431

Fernando Navarrete Rojas, Markus Ferber, Stefan Berger, Daniel Caspary, Ralf Seekatz, Christophe Gomart, Isabel Benjumea Benjumea, Antonio López-Istúriz White

Proposal for a regulation

Article 41 – paragraph 1

Text proposed by the Commission

Amendment

1. By two years from the first issuance of the digital euro, and every three years thereafter, the Commission shall present to the European Parliament and to the Council a report on the application of this Regulation. When preparing its report, the Commission shall take into account the reports by European Central Bank referred in Article 40 and any opinion and views expressed by the European Central Bank. In this report, the European Commission shall in particular analyse the potential use cases for the digital euro in a business-to-business context and the necessary steps needed to make the digital euro work in a business-to-business context.

Or. en

Amendment 1432

Rada Laykova, Siegbert Frank Droese

on behalf of the ESN Group

Proposal for a regulation

Article 41 – paragraph 2 a (new)

Text proposed by the Commission

Amendment

2 a. This Regulation shall not be interpreted as conferring any power on the Commission to adopt delegated acts. Should delegated acts be introduced in future amendments of this Regulation, such acts shall not alter privacy-relevant, usage-limiting or fundamental-rights-affecting provisions without explicit approval by the European Parliament.

Or. en

Justification

This amendment clarifies that Article 41 does not confer delegated powers on the Commission and ensures strong parliamentary oversight should such powers be introduced in future revisions of the Regulation. It prevents the use of delegated acts to alter essential rights-related or privacy-relevant provisions, thereby safeguarding democratic control and legal certainty.

Amendment 1433

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Article 41 – paragraph 3

Text proposed by the Commission

Amendment

3. By 3 years from the first issuance of the digital euro, the Commission shall present to the European Parliament and to the Council a report on whether there is a sufficient and effective access to and acceptance of the digital euro in the euro area. The report shall also assess the impact of holding limits on the usage of the digital euro and the evolution of the business model of credit institutions.

Or. en

Amendment 1434

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 41 – paragraph 3 a (new)

Text proposed by the Commission

Amendment

3 a. No later than two years after the first issuance of digital euro, the Commission shall, after consulting the ECB and the EBA, assess the impact of the digital euro framework on market concentration and on the risks arising from an increased role of large non-European technology companies in the provision of payment services. The Commission shall review the provisions on open funding for private providers and assess their impact on the effective usability of the digital euro, market competition, innovation and economic security. The Commission shall submit a report on the review to the European Parliament and the Council and may, where appropriate, propose amendments to this Regulation.

Or. en

Amendment 1435

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Article 41 a (new)

Text proposed by the Commission

Amendment

Article 41a

Review of Regulation 2023/1113 on information accompanying transfers of funds and certain crypto-assets

By six months after the entry into force of this Regulation, the Commission shall, after consulting AMLA and the European Data Protection Supervisor, review where appropriate Regulation 2023/1113 to specify the application of traceability obligations to digital euro transactions in a manner that is fully compliant with the privacy-enhancing features laid down in this Regulation.

Or. en

Amendment 1436

Jonás Fernández, Aurore Lalucq, Carla Tavares, Thomas Bajada, Eero Heinäluoma, César Luena, Costas Mavrides, Lara Wolters

Proposal for a regulation

Article 42 – paragraph 1 – subparagraph 1 (new)

Text proposed by the Commission

Amendment

The European Central Bank and the national central banks shall issue the digital euro six months after the entry into force of this Regulation.

Or. en

Amendment 1437

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex I – subheading 1

Text proposed by the Commission

Amendment

Digital euro payment services

deleted

Or. en

Amendment 1438

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex I – subheading 1

Text proposed by the Commission

Amendment

Digital euro payment services

deleted

Or. en

Amendment 1439

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex I – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Digital euro payment services consist in:

deleted

Or. en

Amendment 1440

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex I – paragraph 1 – introductory part

Text proposed by the Commission

Amendment

Digital euro payment services consist in:

deleted

Or. en

Amendment 1441

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex I – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) enabling digital euro users to access and use the digital euro, without prejudice to possible limitations set by the European Central Bank in accordance with Article 16;

deleted

Or. en

Amendment 1442

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex I – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) enabling digital euro users to access and use the digital euro, without prejudice to possible limitations set by the European Central Bank in accordance with Article 16;

deleted

Or. en

Amendment 1443

Markus Ferber

Proposal for a regulation

Annex I – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) enabling digital euro users to access and use the digital euro, without prejudice to possible limitations set by the European Central Bank in accordance with Article 16;

(a) enabling digital euro users to access and use the digital euro;

Or. en

Amendment 1444

Giovanni Crosetto, Denis Nesci, Francesco Ventola, Mariateresa Vivaldini, Marco Squarta

Proposal for a regulation

Annex I – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) enabling digital euro users to access and use the digital euro, without prejudice to possible limitations set by the European Central Bank in accordance with Article 16;

(a) enabling digital euro users to access and use the digital euro, without prejudice to possible limitations set in accordance with Article 16;

Or. en

Amendment 1445

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex I – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) enabling digital euro users to initiate and receive digital euro payment transactions and providing digital euro users with digital euro payment instruments;

deleted

Or. en

Amendment 1446

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex I – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) enabling digital euro users to initiate and receive digital euro payment transactions and providing digital euro users with digital euro payment instruments;

deleted

Or. en

Amendment 1447

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex I – paragraph 1 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1448

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex I – paragraph 1 – point c

Text proposed by the Commission

Amendment

deleted

Or. en

Amendment 1449

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex I – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) conducting funding and defunding operations in accordance with Article 13; and

deleted

Or. en

Amendment 1450

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex I – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) conducting funding and defunding operations in accordance with Article 13; and

deleted

Or. en

Amendment 1451

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex I – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) providing additional digital euro payment services on top of basic digital euro payment services pursuant to Annex II.

deleted

Or. en

Amendment 1452

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex I – paragraph 1 – point e

Text proposed by the Commission

Amendment

(e) providing additional digital euro payment services on top of basic digital euro payment services pursuant to Annex II.

deleted

Or. en

Amendment 1453

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – subheading 1

Text proposed by the Commission

Amendment

Basic digital euro payment services

Mandatory digital euro payment services

Or. en

Amendment 1454

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) opening, holding and closing of a digital euro payment account;

(a) opening, holding, managing and closing one digital euro payment account per payment service provider, including consulting balances and transaction records;

Or. en

Amendment 1455

Sibylle Berg

Proposal for a regulation

Annex II – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) opening, holding and closing of a digital euro payment account;

(a) opening, holding, closing and switching of a digital euro payment account;

Or. en

Amendment 1456

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Annex II – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) opening, holding and closing of a digital euro payment account;

(a) opening, holding, managing and closing of a digital euro payment account, including consulting balances and transaction records;

Or. en

Amendment 1457

Sirpa Pietikäinen

Proposal for a regulation

Annex II – paragraph 1 – point a

Text proposed by the Commission

Amendment

(a) opening, holding and closing of a digital euro payment account;

(a) opening, holding, managing and closing of a digital euro payment account, including consulting balances and transaction records;

Or. en

Amendment 1458

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex II – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(a a) switching of digital euro payment account in exceptional circumstances in accordance with Article 31;

Or. en

Amendment 1459

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(a a) switching of payment service provider as referred to in Article 31 and Article 24b;

Or. en

Amendment 1460

Sirpa Pietikäinen

Proposal for a regulation

Annex II – paragraph 1 – point a a (new)

Text proposed by the Commission

Amendment

(a a) switching of payment service provider that provides digital euro payment services;

Or. en

Amendment 1461

Sirpa Pietikäinen

Proposal for a regulation

Annex II – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) consulting balances and transactions;

deleted

Or. en

Amendment 1462

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) consulting balances and transactions;

deleted

Or. en

Amendment 1463

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

Proposal for a regulation

Annex II – paragraph 1 – point b

Text proposed by the Commission

Amendment

(b) consulting balances and transactions;

(b) consulting balances and transactions through an accessible front-end service in full accordance with Article 28;

Or. en

Amendment 1464

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

Proposal for a regulation

Annex II – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(b a) switching of payment services provider that provides digital euro payment services;

Or. en

Amendment 1465

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Annex II – paragraph 1 – point b a (new)

Text proposed by the Commission

Amendment

(b a) switching of payment service provider that provides digital euro payment services;

Or. en

Amendment 1466

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – paragraph 1 – point c

Text proposed by the Commission

Amendment

(c) manual and automated funding and defunding, including funding and defunding operations referred to in Article 13a(3), from or into a non-digital euro payment account, if the digital euro payment account and the non-digital euro payment account are provided by the same payment service provider;

Or. en

Amendment 1467

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Annex II – paragraph 1 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 1468

Sirpa Pietikäinen

Proposal for a regulation

Annex II – paragraph 1 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 1469

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex II – paragraph 1 – point c

Text proposed by the Commission

Amendment

Or. en

Amendment 1470

Dirk Gotink

Proposal for a regulation

Annex II – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) funding and defunding from/into cash;

deleted

Or. en

Amendment 1471

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

Proposal for a regulation

Annex II – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) funding and defunding from/into cash;

(d) manual funding and defunding from or to euro banknotes and coins if the distributing payment service providers provides such services for non-digital euro payment accounts, and in the same manner, in which it provides such cash services for non-digital euro payment accounts, as referred to 13a(2), point (b);

Or. en

Amendment 1472

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex II – paragraph 1 – point d

Text proposed by the Commission

Amendment

(d) funding and defunding from/into cash;

(d) funding and defunding from/into cash, if the payment service providers already provide cash services;

Or. en

Amendment 1473

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex II – paragraph 1 – point e – introductory part

Text proposed by the Commission

Amendment

(e) initiation and reception of digital euro payment transactions by means of an electronic payment instrument, to the exclusion of conditional digital euro payment transactions other than standing orders, in the following use cases:

(e) initiation and reception of digital euro payment transactions by means of an electronic payment instrument in the following use cases:

Or. en

Amendment 1474

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – paragraph 1 – point e – introductory part

Text proposed by the Commission

Amendment

(e) enabling the initiation and reception of online and offline digital euro payment transactions by means of payment instrument, including standing orders and pre-authorisation service for online digital euro payment transactions.

Or. en

Amendment 1475

Sirpa Pietikäinen

Proposal for a regulation

Annex II – paragraph 1 – point e – introductory part

Text proposed by the Commission

Amendment

(e) initiation and reception of online and offline digital euro payment transactions by means of an electronic payment instrument, including standing orders and pre-authorisation service for online digital euro payment transactions;

Or. en

Amendment 1476

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Annex II – paragraph 1 – point e – introductory part

Text proposed by the Commission

Amendment

Or. en

Amendment 1477

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

Proposal for a regulation

Annex II – paragraph 1 – point e – introductory part

Text proposed by the Commission

Amendment

(e) initiation and reception of online and offline digital euro payment transactions by means of an electronic payment instrument, to the exclusion of conditional digital euro payment transactions other than standing orders, in the following use cases:

Or. en

Amendment 1478

Sirpa Pietikäinen

Proposal for a regulation

Annex II – paragraph 1 – point e – indent 1

Text proposed by the Commission

Amendment

– person-to-person people digital euro payment transactions;

deleted

Or. en

Amendment 1479

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – paragraph 1 – point e – indent 1

Text proposed by the Commission

Amendment

– person-to-person people digital euro payment transactions;

deleted

Or. en

Amendment 1480

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – paragraph 1 – point e – indent 2

Text proposed by the Commission

Amendment

– point-of-interaction digital euro payment transactions, including point-of-sale and e-commerce;

deleted

Or. en

Amendment 1481

Sirpa Pietikäinen

Proposal for a regulation

Annex II – paragraph 1 – point e – indent 2

Text proposed by the Commission

Amendment

– point-of-interaction digital euro payment transactions, including point-of-sale and e-commerce;

deleted

Or. en

Amendment 1482

Sirpa Pietikäinen

Proposal for a regulation

Annex II – paragraph 1 – point e – indent 3

Text proposed by the Commission

Amendment

– government-to-person and person-to-government digital euro payment transactions.

deleted

Or. en

Amendment 1483

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – paragraph 1 – point e – indent 3

Text proposed by the Commission

Amendment

– government-to-person and person-to-government digital euro payment transactions.

deleted

Or. en

Amendment 1484

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – paragraph 1 – point f

Text proposed by the Commission

Amendment

(f) digital euro payment transactions referred to in Article 13(4) and

deleted

Or. en

Amendment 1485

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) provision of at least one electronic payment instrument for the execution of digital euro payment transactions such as referred to in letter (e).

(g) providing, upon request of the user, at least one physical and one non-physical payment instrument for the execution of both online and offline digital euro payment transactions such as referred to in letter (e);

Or. en

Amendment 1486

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Annex II – paragraph 1 – point g

Text proposed by the Commission

Amendment

(g) provision of at least one electronic payment instrument for the execution of digital euro payment transactions such as referred to in letter (e).

(g) provision of two payment instruments for the execution of digital euro payment transactions such as referred to in letter (e), of which at least one should allow for the initiation and reception of both online and offline digital euro payment transactions

Or. en

Amendment 1487

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex II – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

(g a) if the offline modality is offered, provision of a mobile device upon request of the user;

Or. en

Amendment 1488

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

Proposal for a regulation

Annex II – paragraph 1 – point g b (new)

Text proposed by the Commission

Amendment

(g b) pre-dispute and dispute resolution services.

Or. en

Amendment 1489

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – paragraph 1 – point g b (new)

Text proposed by the Commission

Amendment

(g b) providing dispute services on technical and fraud-related disputes as referred to in Article 5(3).

Or. en

Amendment 1490

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex II – paragraph 1 – point g c (new)

Text proposed by the Commission

Amendment

(g c) provision of dispute service as referred to Article 27.

Or. en

Amendment 1491

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Annex II – paragraph 1 – point g b (new)

Text proposed by the Commission

Amendment

(g b) providing dispute services;

Or. en

Amendment 1492

Sirpa Pietikäinen

Proposal for a regulation

Annex II – paragraph 1 – point g b (new)

Text proposed by the Commission

Amendment

(g b) providing dispute services.

Or. en

Amendment 1493

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

(g a) providing pre-dispute services as referred to in Article 2(31a);

Or. en

Amendment 1494

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Annex II – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

(g a) providing pre-dispute services.

Or. en

Amendment 1495

Sirpa Pietikäinen

Proposal for a regulation

Annex II – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

(g a) providing pre-dispute services; and

Or. en

Amendment 1496

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

Proposal for a regulation

Annex II – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

(g a) provision of inclusiveness support in accordance with Articles 14 and 22;

Or. en

Amendment 1497

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex II – paragraph 1 – point g b (new)

Text proposed by the Commission

Amendment

(g b) provision, upon request of the user, of a payment card;

Or. en

Amendment 1498

Sibylle Berg

Proposal for a regulation

Annex II – paragraph 1 – point g a (new)

Text proposed by the Commission

Amendment

(g a) digital inclusion support as laid down in Article 14.

Or. en

Justification

Consumers should not be obliged to pay for getting advice on how to use the digital euro.

Amendment 1499

Gilles Boyer, Stéphanie Yon-Courtin, Billy Kelleher, Ľudovít Ódor

Proposal for a regulation

Annex II a (new)

Text proposed by the Commission

Amendment

ANNEX IIa

Mandatory acquiring services

(a) opening, holding, managing and closing of digital euro payment accounts, including consulting balances and transactions;

(b) funding and defunding operations as referred to in Article 13a (3), points (a) and (b)(4);

(c) enabling the reception of online and offline digital euro payment transactions, including pre-authorisation service for online digital euro payment transactions;

(d) initiating refund transactions;

(e) providing pre-dispute services as referred to in Article 2(31a) (new);

(f) providing dispute services on technical and fraud-related disputes as referred to in Article 5(3);

(g) provide businesses with the possibility to transfer a batch of digital euro funds to their non-digital euro payment accounts only once within a pre-defined time limit (‘batch pay-out’) respecting any limit set in accordance with Articles 16 and 24b.

Or. en

Amendment 1500

Pasquale Tridico

on behalf of The Left Group

Proposal for a regulation

Annex II a (new)

Text proposed by the Commission

Amendment

ANNEX IIa

Mandatory acquiring services

Mandatory acquiring services shall include:

(a) opening, maintaining and closing digital euro payment accounts, and providing access to account balances and transaction information;

(b) performing funding and defunding operations as set out in Article 13(4);

(c) enabling the acceptance and processing of online and offline digital euro payment transactions, including pre-authorisation for online transactions;

(d) initiating refund operations;

(e) providing pre-dispute handling services;

(f) providing dispute resolution services.

Or. en

Amendment 1501

Sirpa Pietikäinen

Proposal for a regulation

Annex II a (new)

Text proposed by the Commission

Amendment

ANNEX IIa

Mandatory acquiring services

(a) opening, holding, managing and closing of digital euro payment accounts, including consulting balances and transactions;

(b) funding and defunding operations as referred to in Article 13(4);

(c) enabling the reception of online and offline digital euro payment transactions, including pre-authorisation service for online digital euro payment transactions;

(d) initiating refund transactions;

(e) providing pre-dispute services, and

(f) providing dispute services.

Or. en

Amendment 1502

Marco Falcone, Fulvio Martusciello, Herbert Dorfmann

Proposal for a regulation

Annex II a (new)

Text proposed by the Commission

Amendment

Annex II a

Mandatory acquiring services (a) opening, holding, managing and closing of digital euro payment accounts, including consulting balances and transactions; (b) funding and defunding operations as referred to in Article 13(4); (c) enabling the reception of online and offline digital euro payment transactions, and pre-authorisation service for online digital euro payment transactions; (d) initiating refunds; (e) providing pre-dispute services; (f) providing dispute services.

Or. en

Amendment 1503

Sibylle Berg

Proposal for a regulation

Annex III – point 1 – point iii

Text proposed by the Commission

Amendment

(iii) information on digital euro payment accounts; including information on digital euro holdings of the digital euro user and the unique digital euro payment account number; and

(iii) information on digital euro holdings of the digital euro user and the unique digital euro payment account number; and

Or. en

Amendment 1504

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex III – point 1 – point iii

Text proposed by the Commission

Amendment

(iii) information on digital euro payment accounts; including information on digital euro holdings of the digital euro user and the unique digital euro payment account number; and

(iii) information on digital euro payment accounts and the unique digital euro payment account number; and

Or. en

Amendment 1505

Sibylle Berg

Proposal for a regulation

Annex III – point 1 – point iv

Text proposed by the Commission

Amendment

(iv) information on online digital euro payment transactions, including the transaction identifier and the transaction amount.

(iv) the transaction identifier and the transaction amount.

Or. en

Amendment 1506

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex III – point 1 – point iv

Text proposed by the Commission

Amendment

(iv) information on online digital euro payment transactions, including the transaction identifier and the transaction amount.

(iv) information on the transaction identifier and the transaction amount.

Or. en

Amendment 1507

Sibylle Berg

Proposal for a regulation

Annex III – point 2 – point iii

Text proposed by the Commission

Amendment

(iii) information on digital euro payment accounts, including the unique digital euro payment account number; and

(iii) the unique digital euro payment account number; and

Or. en

Amendment 1508

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex III – point 2 – point iii

Text proposed by the Commission

Amendment

(iii) information on digital euro payment accounts, including the unique digital euro payment account number; and

(iii) information on the unique digital euro payment account number; and

Or. en

Amendment 1509

Sibylle Berg

Proposal for a regulation

Annex III – point 2 – point iv

Text proposed by the Commission

Amendment

(iv) information of non-digital euro payment accounts, including the account number of the linked non-digital euro payment account.

(iv) the account number of the linked non-digital euro payment account.

Or. en

Amendment 1510

Sibylle Berg

Proposal for a regulation

Annex III – point 3

Text proposed by the Commission

Amendment

3. For the purpose of point (c) of Article 34(1), processing shall be limited to:

deleted

(i) the user identifier; including the name of the local storage device holders; and

(ii) information on the local storage device, including the identifier of the local storage device.

Or. en

Justification

follow-up to deletion of Article 34(1) point (c)

Amendment 1511

Sibylle Berg

Proposal for a regulation

Annex IV – point 1 – point i

Text proposed by the Commission

Amendment

(i) information on digital euro payment accounts, including the unique digital euro payment account number; and

(i) the unique digital euro payment account number; and

Or. en

Amendment 1512

Sibylle Berg

Proposal for a regulation

Annex IV – point 1 – point ii

Text proposed by the Commission

Amendment

(ii) information on online digital euro payment transactions. information linked to an unique digital euro payment account number, including the transaction amount.

(ii) the transaction amount.

Or. en

Amendment 1513

Sibylle Berg

Proposal for a regulation

Annex IV – point 2 – point i

Text proposed by the Commission

Amendment

(i) the user alias;

(i) a one-time identifier created by the payment services provider allowing the European Central Bank and national central banks to settle the payment without allowing them to directly or indirectly identify individual digital euro users;

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Amendment 1514

Sibylle Berg

Proposal for a regulation

Annex IV – point 2 – point iv

Text proposed by the Commission

Amendment

(iv) the reference to digital euro holdings to credit.

deleted

Or. en

Amendment 1515

Sibylle Berg

Proposal for a regulation

Annex IV – point 3

Text proposed by the Commission

Amendment

3. For the purpose of point (c) of Article 35(1), processing shall be limited to the data required for counterfeit analysis of offline digital euro payment transactions: information on the local storage device, including the local storage device number.

3. For the purpose of point (c) of Article 35(1), processing shall be limited to the data required for counterfeit analysis of offline digital euro payment transactions: the local storage device number.

Or. en

Amendment 1516

Sibylle Berg

Proposal for a regulation

Annex IV – point 4 – point ii

Text proposed by the Commission

Amendment

(ii) the user authentication, related to user’s existing digital euro holdings; and

deleted

Or. en

Amendment 1517

Sibylle Berg

Proposal for a regulation

Annex IV – point 4 – point iii

Text proposed by the Commission

Amendment

(iii) information on digital euro payment accounts, including the unique digital euro payment account number, digital euro holdings of the user, the holding limit selected by the user and the type of digital euro account.

(iii) digital euro holdings linked to a specific user identifier, the holding limit selected by the user and the type of digital euro account.

Or. en

Justification

The single access point should not become a central database with sensitive personal data but should be limited to what is strictly needed to verify holding limits and provide the service of emergency switching. In this regard, a solution to provide these services should be based on using the user identifier in combination with the digital holdings linked to a specific user identifier.

Amendment 1518

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex V – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) information on digital euro payment accounts, including the unique digital euro account identifier;

(i) the user alias;

Or. en

Amendment 1519

Sibylle Berg

Proposal for a regulation

Annex V – paragraph 1 – point i

Text proposed by the Commission

Amendment

(i) information on digital euro payment accounts, including the unique digital euro account identifier;

(i) the unique digital euro account identifier;

Or. en

Amendment 1520

Sibylle Berg

Proposal for a regulation

Annex V – paragraph 1 – point ii

Text proposed by the Commission

Amendment

(ii) information on online digital euro payment transactions, including the transaction amount; and

(ii) the transaction amount; and

Or. en

Amendment 1521

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex V – paragraph 1 – point ii

Text proposed by the Commission

Amendment

(ii) information on online digital euro payment transactions, including the transaction amount; and

(ii) the transaction amount; and

Or. en

Amendment 1522

Sibylle Berg

Proposal for a regulation

Annex V – paragraph 1 – point iii

Text proposed by the Commission

Amendment

(iii) information on the transaction session of a digital euro user, including the device internet protocol address-range.

(iii) the device internet protocol address-range providing information on the transaction session of a digital euro user.

Or. en

Amendment 1523

Damian Boeselager

on behalf of the Verts/ALE Group

Proposal for a regulation

Annex V – paragraph 1 – point iii

Text proposed by the Commission

Amendment

(iii) information on the transaction session of a digital euro user, including the device internet protocol address-range.

(iii) the device internet protocol address-range providing information on the transaction session of a digital euro user.

Or. en

Amendment 1524

Gilles Boyer, Stéphanie YonCourtin

Proposal for a regulation

Annex V a (new)

Text proposed by the Commission

Amendment

ANNEX Va

Correspondence table for the [payment] services to be provided in the framework of the DER, Annex II, and the related license required under PSD3/R)

DER Annex II

PSD3/R Annex II

(a) opening, holding, managing and closing one digital euro payment account per payment service provider, including consulting balances and transaction records;

No equivalent separate service

(b) switching of payment service provider as referred to in Article 31 and article 24b

No equivalent service, as this is not considered a payment service

c) manual and automated funding and defunding from or into non-digital euro payment accounts, if the digital euro payment account and the non-digital euro payment account are provided by the same PSPs;

Equivalent to point 2 in Annex II of the PSD3/R concerning execution of payment transactions, including transfers of funds from and to a payment account, including where the funds are covered by a credit line with the user’s payment service provider or with another payment service provider.

(d) manual funding and defunding from or to euro banknotes and coins if the distributing payment service providers provides such services for non-digital euro payment accounts, and only in the same manner, in which it provides such services for non-digital euro payment accounts, as referred to 13a(2b);

Equivalent to point 1 in Annex II of the PSD3/R concerning services enabling cash to be placed on and/or withdrawn from a payment account. Such service would require a Payment institution license.

(e) enabling the initiation and reception of online and offline digital euro payment transactions, including standing orders and pre-authorisation service for online digital euro payment transactions.

(g) providing, upon request of the user, one or more payment instruments for the execution of online or offline digital euro payment transactions, such as referred to in letter (e);

Equivalent to point 3 in Annex II of the PSD3/R concerning issuing of payment instruments. No need for an additional license as already required by (e);

(h) providing pre-dispute services as referred to in Article 2.

No equivalent service, as this is not considered a payment service.

(i) providing dispute services as referred to in Article 27.

No equivalent service, as this is not considered a payment service

Or. en

Amendment 1525

Gilles Boyer, Stéphanie YonCourtin

Proposal for a regulation

Annex V b (new)

Text proposed by the Commission

Amendment

Correspondence table for the services to be provided in the framework of the DER, Annex IIa, and the related license required under PSD3/R

DER Annex IIa

PSD3/R Annex II

(a) opening, holding, managing and closing of digital euro payment accounts, including consulting balances and transactions;

No equivalent separate service

(b) funding and defunding operations as referred to in Article 13a (3) (a) and (b);

Equivalent to point 4 in Annex II of the PSD3/R concerning the acquiring of payment transactions.

(c) enabling the reception of online and offline digital euro payment transactions, including pre-authorisation service for online digital euro payment transactions;

Equivalent to point 4 in Annex II of the PSD3/R concerning the acquiring of payment transactions.

(ca) initiating refund transactions.

Equivalent to point 4 in Annex II of the PSD3/R concerning the acquiring of payment transactions.

(e) providing pre-dispute services as referred to in Article 2

No equivalent service, as this is not considered a payment service

(f) providing dispute services as referred to in Article 27.

No equivalent service, as this is not considered a payment service

Or. en