Upload euro_pages.txt
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euro_pages.txt
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EN
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16
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EN
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2023/0212 (COD)
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Proposal for a
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REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
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on the establishment of the digital euro
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@@ -35,24 +31,6 @@ Central bank money in the form of banknotes and coins cannot be used for online
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payments. Today, online payments rely entirely on commercial bank money. The
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acceptability and fungibility of commercial bank money rely on its convertibility on a
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one-to-one basis to central bank money with legal tender, which serves as a monetary
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OJ C [...], [...], p. [...].
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OJ C […], […], p. […].
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20
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Communication from the Commission to the European Parliament, the Council and the Committee of
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the Regions on a Digital Finance Strategy for the EU (COM/2020/591 final)
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21
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European Parliament’s resolution of 16 February 2022 on the European Central Bank – annual report
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20212021/2063(INI)
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22
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https://data.consilium.europa.eu/doc/document/ST-6301-2022-INIT/en/pdf
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23
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European Central Bank, Report on a digital euro, October 2020.
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EN
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17
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EN
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anchor. That monetary anchor is at the core of the functioning of monetary and
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financial systems. It underpins users’ confidence in commercial bank money and in
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the euro as a currency and is therefore essential to safeguard the stability of the
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@@ -97,18 +75,7 @@ the physical forms of the single currency. As legal tender instruments, both cas
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digital euro are equally important. Regulation (EU) [please insert reference – proposal
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for a Regulation on the legal tender of euro banknotes and coins - COM/2023/364] would
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harmonise legal tender for cash and ensure that cash is widely distributed and effectively
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used.
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24
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https://documents1.worldbank.org/curated/en/806481470154477031/pdf/Payment-Aspects-of-
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Financial-Inclusion.pdf
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25
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Study on New Digital Payment Methods (europa.eu), March 2022. According to the World Bank,
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financial inclusion means that individuals have access to useful and affordable financial products and
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services that meet their needs – transactions, payments, savings, credit and insurance”.
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EN
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(7)
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Future developments in digital payments may affect the role of the euro in retail
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payment markets both in the European Union and internationally. Many central banks
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@@ -162,9 +129,6 @@ such measures, rules and standards have an impact on the protection of individua
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rights and freedoms with regard to the processing of personal data, the European
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Central Bank should consult the European Data Protection Supervisor. To ensure legal
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certainty, the Regulation also clarifies that the digital euro is subject to Directive (EU)
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EN
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19
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2015/849 of the European Parliament and of the Council, of 20 May 2015, on the
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prevention of the use of the financial system for the purposes of money laundering or
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terrorist financing and to Regulation (EU) 2015/847 of the European Parliament and of
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@@ -214,13 +178,6 @@ knowledge of the different aspects of the digital euro.
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According to the case-law of the Court of Justice of the European Union 26, the
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concept of ‘legal tender’ of a means of payment denominated in a currency unit
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signifies, in its ordinary sense, that that means of payment cannot generally be refused
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26
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See judgment of 26 January 2021 in Joined Cases C-422/19 and C-423/19, Hessischer Rundfunk,
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EU:C:2021:63 point 46.
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20
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in settlement of a debt denominated in the same currency unit, at its full-face value,
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with the effect of discharging the debt.
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(15)
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@@ -269,15 +226,6 @@ the obligation to accept payments in digital euro. In such cases, other means fo
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settlement of monetary debts should remain available. Nevertheless, microenterprises
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and non-profit legal entities that accept comparable digital means of payment from
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payers should be subject to the mandatory acceptance of payments in digital euro.
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27
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Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (OJ L 139,
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11.5.1998, p. 1).
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28
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OJ L139, 11.5.1998, p.1.
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EN
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21
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EN
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Comparable digital means of payment should include debit card payment or instant
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payment or other future technological solutions used at the point of interaction, but
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should exclude credit transfer and direct debit that are not initiated at the point of
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@@ -330,9 +278,6 @@ currency is the euro, but no longer reside or are established in such Member Sta
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may still receive digital euro payment services by payment service providers
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established in the European Economic Area, in line with the Agreement on the
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European Economic Area, subject to possible time limitations in relation to the status
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22
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of residence or establishment of these persons that the European Central Bank may
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define.
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(22)
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@@ -386,9 +331,6 @@ together with the national central banks, they should be joint controllers.
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(26)
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To support universal access to the digital euro by the general public in the euro area,
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and to foster innovation and a high level of competition in the retail payment market,
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23
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all the relevant intermediaries should be able to distribute the digital euro. All account
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servicing payment service providers under Directive 2015/2366, including credit
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institutions, electronic money institutions, payment institutions, post office giro
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@@ -435,15 +377,6 @@ and elderly persons, it is essential that public entities, including local or re
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authorities, or postal offices, distribute the digital euro. For that purpose, Member
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States should designate entities that should carry out that task within their territory.
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Such entities, as payment services providers under Directive (EU) 2015/2366, should
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Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets
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in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives
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2013/36/EU and (EU) 2019/1937, OJ L150, 9.6.2023, p. 40
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comply with the provisions of this Regulation, including Directive (EU) 2015/2366
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and Directive (EU) 2015/849.
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(30)
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@@ -496,9 +429,6 @@ identifier of the local storage device used for offline digital euro for the dur
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facilitating the provision of offline digital euro to their customers. The payment
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service providers should implement appropriate technical and organisational measures
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including state-of-the-art security and privacy-preserving measures to ensure that the
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25
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identifier of the device of individual digital euro users cannot be used for other
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purposes other than for the purpose of the provision of offline digital euro.
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(35)
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outside the euro area should not be more favourable than for digital euro users residing
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or established in the euro area, also to cater for monetary sovereignty and financial
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stability concerns both within and outside the euro area.
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(39)
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Any limits to the store of value function that the European Central Bank decided on
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should be binding on and implemented by the payment service providers distributing
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@@ -607,9 +534,6 @@ essential component of the legal tender status. It is therefore essential that a
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charge, as a restriction of the face value of the digital euro, be objectively justified and
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proportionate to the objective of ensuring an effective use of the digital euro as a legal
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tender means of payment.
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(43)
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To ensure that fees and charges are uniform across the euro area and proportionate, the
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European Central Bank should regularly monitor their level and, on this basis, publish
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@@ -716,12 +640,6 @@ territories, under a monetary agreement with the Union.
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(51)
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The use of the digital euro in cross-currency payments would furthermore contribute
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to foster the international use of the euro. This would also bring benefits to the euro
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Agreement on the European Economic Area (OJ L 1, 3.1.1994, p. 3).
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area and other economies by facilitating cross-border payments for the purpose of
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trade or remittances, in line with the G20 agenda.
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(52)
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spare parts upon ordering them, for charging and paying electricity at most favourable
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market conditions, for paying insurance, and leasing and maintenance fees on a usage
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basis.
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Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the
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accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
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(56)
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To facilitate the use of digital euro and the provision of innovative services, the
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Eurosystem should support the provision of conditional digital euro payment
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should ensure that any digital euro user is able to carry out digital euro payment
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transactions with any other digital euro users across the euro area regardless of the
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payment service providers involved and the front-end services used. To reduce the
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fragmentation of the European retail payments market, and to support competition,
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efficiency and innovation in that market, and the development of payment instruments
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across the Union in keeping with the objective of the Commission’s retail payment
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Eurosystem would not have a contractual relationship with digital euro users even if
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those users use the front-end services provided by the European Central Bank. The
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ECB and the payment service providers should implement appropriate technical and
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organisational measures including state-of-the-art security and privacy-preserving
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measures to ensure that the identity of individual digital euro users cannot be accessed
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by the ECB via its front-end solution.
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providers should then enable the switching of the digital euro payment accounts, while
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maintaining the same account identifiers. In exceptional circumstances where a
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payment service provider is unable to perform this task, including due to having lost
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Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement
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finality in payment a
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the relevant digital euro payment account-related data, the European Central Bank
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should be able to authorise the switching of digital euro payment accounts so that the
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new payment service provider designated by the digital euro user can retrieve the
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payment transactions and for storing digital euros on mobile devices for offline digital
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euro payment transactions. This obligation should be without prejudice to Article 6
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paragraph (7) of Regulation (EU) 2022/1925, which obliges gatekeepers to provide,
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free of charge, effective interoperability with, and access for the purposes of
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interoperability to, the operating system, hardware or software features of mobile
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devices, which is applicable to existing and new digital means of payments, including
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personal data for the purposes of the enforcement of holding limits, the initiation of
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the funding and de-funding of a user’s holdings, and the management of local storage
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devices for offline digital euro payments are tasks in the public interest that are
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Statement on the design choices for a digital euro from the privacy and data protection perspective
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adopted on 10 October 2022.
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Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
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protection of natural persons with regard to the processing of personal data and on the free movement of
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such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016,
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p. 1–88.
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Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
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protection of natural persons with regard to the processing of personal data by the Union institutions,
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bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
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45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39–98.
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Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the
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processing of personal data and the protection of privacy in the electronic communications sector, OJ L
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201, 31.07.2002, p. 37.
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essential for the protection of citizens making use of the digital euro as well as for the
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stability and integrity of the Union's financial system. Payment service providers will
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be the controller of personal data as regards these tasks. In addition, payment service
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of digital euro payment accounts in emergency situations upon the request of the
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digital euro user, a single access point of digital euro user identifiers and the related
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digital euro holding limits is necessary to ensure the efficient functioning of the digital
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euro across the entire euro area, as digital euro users may hold digital euro payment
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accounts in different Member States. When establishing the single access point, the
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European Central Bank and national central banks should ensure that the processing of
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Article 290 of the Treaty on the Functioning of the European Union should be
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delegated to the Commission to supplement this Regulation by adopting delegated acts
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in respect of additional exceptions to mandatory acceptance and the types of personal
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Proposal for a regulation on the prevention of the use of the financial system for the purposes of money
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laundering or terrorist financing (COM/2021/420 final); Proposal for a Directive establishing the
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mechanisms that Member States should put in place to prevent the use of the financial system for
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ML/TF purposes, and repealing Directive (EU) 2015/849 ( COM/2021/423 final); Proposal for a
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Regulation creating an EU Authority for anti-money laundering and countering the financing of
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terrorism (‘AMLA’) (COM/2021/421 final); and Proposal for the recast of Regulation (EU) 2015/847
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expanding traceability requirements to crypto-assets (COM/2021/422 final)
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Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on
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information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (OJ L 141,
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5.6.2015, p. 1).
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data processed by payment services providers, the European Central Bank and the
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national central bank and providers of support services. It is of particular importance
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that the Commission carry out appropriate consultations during its preparatory work,
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were consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the
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European Parliament and of the Council41 and delivered a joint opinion on [XX XX
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2023].
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HAVE ADOPTED THIS REGULATION:
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CHAPTER I
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SUBJECT MATTER AND DEFINITIONS
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Article 1
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Subject matter
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With a view to adapting the euro to technological changes and to ensuring its use as a single
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currency, this Regulation establishes the digital euro and lays down rules concerning in
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particular its legal tender status, distribution, use, and essential technical features.
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Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011
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laying down the rules and general principles concerning mechanisms for control by Member States of
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the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
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Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
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protection of natural persons with regard to the processing of personal data by the Union institutions,
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bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
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45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
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Proposal for a
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REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
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on the establishment of the digital euro
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payments. Today, online payments rely entirely on commercial bank money. The
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acceptability and fungibility of commercial bank money rely on its convertibility on a
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one-to-one basis to central bank money with legal tender, which serves as a monetary
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anchor. That monetary anchor is at the core of the functioning of monetary and
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financial systems. It underpins users’ confidence in commercial bank money and in
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the euro as a currency and is therefore essential to safeguard the stability of the
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digital euro are equally important. Regulation (EU) [please insert reference – proposal
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for a Regulation on the legal tender of euro banknotes and coins - COM/2023/364] would
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harmonise legal tender for cash and ensure that cash is widely distributed and effectively
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(7)
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Future developments in digital payments may affect the role of the euro in retail
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payment markets both in the European Union and internationally. Many central banks
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rights and freedoms with regard to the processing of personal data, the European
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Central Bank should consult the European Data Protection Supervisor. To ensure legal
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certainty, the Regulation also clarifies that the digital euro is subject to Directive (EU)
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2015/849 of the European Parliament and of the Council, of 20 May 2015, on the
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prevention of the use of the financial system for the purposes of money laundering or
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| 134 |
terrorist financing and to Regulation (EU) 2015/847 of the European Parliament and of
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| 178 |
According to the case-law of the Court of Justice of the European Union 26, the
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| 179 |
concept of ‘legal tender’ of a means of payment denominated in a currency unit
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| 180 |
signifies, in its ordinary sense, that that means of payment cannot generally be refused
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| 181 |
in settlement of a debt denominated in the same currency unit, at its full-face value,
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| 182 |
with the effect of discharging the debt.
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| 183 |
(15)
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| 226 |
settlement of monetary debts should remain available. Nevertheless, microenterprises
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| 227 |
and non-profit legal entities that accept comparable digital means of payment from
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| 228 |
payers should be subject to the mandatory acceptance of payments in digital euro.
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| 229 |
Comparable digital means of payment should include debit card payment or instant
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| 230 |
payment or other future technological solutions used at the point of interaction, but
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| 231 |
should exclude credit transfer and direct debit that are not initiated at the point of
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| 278 |
may still receive digital euro payment services by payment service providers
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| 279 |
established in the European Economic Area, in line with the Agreement on the
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| 280 |
European Economic Area, subject to possible time limitations in relation to the status
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| 281 |
of residence or establishment of these persons that the European Central Bank may
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| 282 |
define.
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| 283 |
(22)
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| 331 |
(26)
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| 332 |
To support universal access to the digital euro by the general public in the euro area,
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| 333 |
and to foster innovation and a high level of competition in the retail payment market,
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| 334 |
all the relevant intermediaries should be able to distribute the digital euro. All account
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| 335 |
servicing payment service providers under Directive 2015/2366, including credit
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| 336 |
institutions, electronic money institutions, payment institutions, post office giro
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| 377 |
authorities, or postal offices, distribute the digital euro. For that purpose, Member
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| 378 |
States should designate entities that should carry out that task within their territory.
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| 379 |
Such entities, as payment services providers under Directive (EU) 2015/2366, should
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| 380 |
comply with the provisions of this Regulation, including Directive (EU) 2015/2366
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| 381 |
and Directive (EU) 2015/849.
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| 382 |
(30)
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| 429 |
facilitating the provision of offline digital euro to their customers. The payment
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| 430 |
service providers should implement appropriate technical and organisational measures
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| 431 |
including state-of-the-art security and privacy-preserving measures to ensure that the
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| 432 |
identifier of the device of individual digital euro users cannot be used for other
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| 433 |
purposes other than for the purpose of the provision of offline digital euro.
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| 434 |
(35)
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| 481 |
outside the euro area should not be more favourable than for digital euro users residing
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| 482 |
or established in the euro area, also to cater for monetary sovereignty and financial
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| 483 |
stability concerns both within and outside the euro area.
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| 484 |
(39)
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| 485 |
Any limits to the store of value function that the European Central Bank decided on
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| 486 |
should be binding on and implemented by the payment service providers distributing
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| 534 |
charge, as a restriction of the face value of the digital euro, be objectively justified and
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| 535 |
proportionate to the objective of ensuring an effective use of the digital euro as a legal
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| 536 |
tender means of payment.
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| 537 |
(43)
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| 538 |
To ensure that fees and charges are uniform across the euro area and proportionate, the
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| 539 |
European Central Bank should regularly monitor their level and, on this basis, publish
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| 640 |
(51)
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| 641 |
The use of the digital euro in cross-currency payments would furthermore contribute
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| 642 |
to foster the international use of the euro. This would also bring benefits to the euro
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| 643 |
area and other economies by facilitating cross-border payments for the purpose of
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| 644 |
trade or remittances, in line with the G20 agenda.
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| 645 |
(52)
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| 688 |
spare parts upon ordering them, for charging and paying electricity at most favourable
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| 689 |
market conditions, for paying insurance, and leasing and maintenance fees on a usage
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| 690 |
basis.
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| 691 |
(56)
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| 692 |
To facilitate the use of digital euro and the provision of innovative services, the
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| 693 |
Eurosystem should support the provision of conditional digital euro payment
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| 741 |
should ensure that any digital euro user is able to carry out digital euro payment
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| 742 |
transactions with any other digital euro users across the euro area regardless of the
|
| 743 |
payment service providers involved and the front-end services used. To reduce the
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| 744 |
fragmentation of the European retail payments market, and to support competition,
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| 745 |
efficiency and innovation in that market, and the development of payment instruments
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| 746 |
across the Union in keeping with the objective of the Commission’s retail payment
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| 793 |
Eurosystem would not have a contractual relationship with digital euro users even if
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| 794 |
those users use the front-end services provided by the European Central Bank. The
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| 795 |
ECB and the payment service providers should implement appropriate technical and
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| 796 |
organisational measures including state-of-the-art security and privacy-preserving
|
| 797 |
measures to ensure that the identity of individual digital euro users cannot be accessed
|
| 798 |
by the ECB via its front-end solution.
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| 843 |
providers should then enable the switching of the digital euro payment accounts, while
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| 844 |
maintaining the same account identifiers. In exceptional circumstances where a
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| 845 |
payment service provider is unable to perform this task, including due to having lost
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| 846 |
the relevant digital euro payment account-related data, the European Central Bank
|
| 847 |
should be able to authorise the switching of digital euro payment accounts so that the
|
| 848 |
new payment service provider designated by the digital euro user can retrieve the
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| 895 |
payment transactions and for storing digital euros on mobile devices for offline digital
|
| 896 |
euro payment transactions. This obligation should be without prejudice to Article 6
|
| 897 |
paragraph (7) of Regulation (EU) 2022/1925, which obliges gatekeepers to provide,
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| 898 |
free of charge, effective interoperability with, and access for the purposes of
|
| 899 |
interoperability to, the operating system, hardware or software features of mobile
|
| 900 |
devices, which is applicable to existing and new digital means of payments, including
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| 935 |
personal data for the purposes of the enforcement of holding limits, the initiation of
|
| 936 |
the funding and de-funding of a user’s holdings, and the management of local storage
|
| 937 |
devices for offline digital euro payments are tasks in the public interest that are
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|
| 938 |
essential for the protection of citizens making use of the digital euro as well as for the
|
| 939 |
stability and integrity of the Union's financial system. Payment service providers will
|
| 940 |
be the controller of personal data as regards these tasks. In addition, payment service
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|
| 988 |
of digital euro payment accounts in emergency situations upon the request of the
|
| 989 |
digital euro user, a single access point of digital euro user identifiers and the related
|
| 990 |
digital euro holding limits is necessary to ensure the efficient functioning of the digital
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| 991 |
euro across the entire euro area, as digital euro users may hold digital euro payment
|
| 992 |
accounts in different Member States. When establishing the single access point, the
|
| 993 |
European Central Bank and national central banks should ensure that the processing of
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|
| 1030 |
Article 290 of the Treaty on the Functioning of the European Union should be
|
| 1031 |
delegated to the Commission to supplement this Regulation by adopting delegated acts
|
| 1032 |
in respect of additional exceptions to mandatory acceptance and the types of personal
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|
| 1033 |
data processed by payment services providers, the European Central Bank and the
|
| 1034 |
national central bank and providers of support services. It is of particular importance
|
| 1035 |
that the Commission carry out appropriate consultations during its preparatory work,
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|
| 1061 |
were consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the
|
| 1062 |
European Parliament and of the Council41 and delivered a joint opinion on [XX XX
|
| 1063 |
2023].
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