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- EN
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- 16
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- EN
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- 2023/0212 (COD)
5
  Proposal for a
6
  REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
7
  on the establishment of the digital euro
@@ -35,24 +31,6 @@ Central bank money in the form of banknotes and coins cannot be used for online
35
  payments. Today, online payments rely entirely on commercial bank money. The
36
  acceptability and fungibility of commercial bank money rely on its convertibility on a
37
  one-to-one basis to central bank money with legal tender, which serves as a monetary
38
-
39
- 18
40
- OJ C [...], [...], p. [...].
41
- 19
42
- OJ C […], […], p. […].
43
- 20
44
- Communication from the Commission to the European Parliament, the Council and the Committee of
45
- the Regions on a Digital Finance Strategy for the EU (COM/2020/591 final)
46
- 21
47
- European Parliament’s resolution of 16 February 2022 on the European Central Bank – annual report
48
- 20212021/2063(INI)
49
- 22
50
- https://data.consilium.europa.eu/doc/document/ST-6301-2022-INIT/en/pdf
51
- 23
52
- European Central Bank, Report on a digital euro, October 2020.
53
- EN
54
- 17
55
- EN
56
  anchor. That monetary anchor is at the core of the functioning of monetary and
57
  financial systems. It underpins users’ confidence in commercial bank money and in
58
  the euro as a currency and is therefore essential to safeguard the stability of the
@@ -97,18 +75,7 @@ the physical forms of the single currency. As legal tender instruments, both cas
97
  digital euro are equally important. Regulation (EU) [please insert reference – proposal
98
  for a Regulation on the legal tender of euro banknotes and coins - COM/2023/364] would
99
  harmonise legal tender for cash and ensure that cash is widely distributed and effectively
100
- used.
101
-
102
- 24
103
- https://documents1.worldbank.org/curated/en/806481470154477031/pdf/Payment-Aspects-of-
104
- Financial-Inclusion.pdf
105
- 25
106
- Study on New Digital Payment Methods (europa.eu), March 2022. According to the World Bank,
107
- financial inclusion means that individuals have access to useful and affordable financial products and
108
- services that meet their needs – transactions, payments, savings, credit and insurance”.
109
- EN
110
- 18
111
- EN
112
  (7)
113
  Future developments in digital payments may affect the role of the euro in retail
114
  payment markets both in the European Union and internationally. Many central banks
@@ -162,9 +129,6 @@ such measures, rules and standards have an impact on the protection of individua
162
  rights and freedoms with regard to the processing of personal data, the European
163
  Central Bank should consult the European Data Protection Supervisor. To ensure legal
164
  certainty, the Regulation also clarifies that the digital euro is subject to Directive (EU)
165
- EN
166
- 19
167
- EN
168
  2015/849 of the European Parliament and of the Council, of 20 May 2015, on the
169
  prevention of the use of the financial system for the purposes of money laundering or
170
  terrorist financing and to Regulation (EU) 2015/847 of the European Parliament and of
@@ -214,13 +178,6 @@ knowledge of the different aspects of the digital euro.
214
  According to the case-law of the Court of Justice of the European Union 26, the
215
  concept of ‘legal tender’ of a means of payment denominated in a currency unit
216
  signifies, in its ordinary sense, that that means of payment cannot generally be refused
217
-
218
- 26
219
- See judgment of 26 January 2021 in Joined Cases C-422/19 and C-423/19, Hessischer Rundfunk,
220
- EU:C:2021:63 point 46.
221
- EN
222
- 20
223
- EN
224
  in settlement of a debt denominated in the same currency unit, at its full-face value,
225
  with the effect of discharging the debt.
226
  (15)
@@ -269,15 +226,6 @@ the obligation to accept payments in digital euro. In such cases, other means fo
269
  settlement of monetary debts should remain available. Nevertheless, microenterprises
270
  and non-profit legal entities that accept comparable digital means of payment from
271
  payers should be subject to the mandatory acceptance of payments in digital euro.
272
-
273
- 27
274
- Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (OJ L 139,
275
- 11.5.1998, p. 1).
276
- 28
277
- OJ L139, 11.5.1998, p.1.
278
- EN
279
- 21
280
- EN
281
  Comparable digital means of payment should include debit card payment or instant
282
  payment or other future technological solutions used at the point of interaction, but
283
  should exclude credit transfer and direct debit that are not initiated at the point of
@@ -330,9 +278,6 @@ currency is the euro, but no longer reside or are established in such Member Sta
330
  may still receive digital euro payment services by payment service providers
331
  established in the European Economic Area, in line with the Agreement on the
332
  European Economic Area, subject to possible time limitations in relation to the status
333
- EN
334
- 22
335
- EN
336
  of residence or establishment of these persons that the European Central Bank may
337
  define.
338
  (22)
@@ -386,9 +331,6 @@ together with the national central banks, they should be joint controllers.
386
  (26)
387
  To support universal access to the digital euro by the general public in the euro area,
388
  and to foster innovation and a high level of competition in the retail payment market,
389
- EN
390
- 23
391
- EN
392
  all the relevant intermediaries should be able to distribute the digital euro. All account
393
  servicing payment service providers under Directive 2015/2366, including credit
394
  institutions, electronic money institutions, payment institutions, post office giro
@@ -435,15 +377,6 @@ and elderly persons, it is essential that public entities, including local or re
435
  authorities, or postal offices, distribute the digital euro. For that purpose, Member
436
  States should designate entities that should carry out that task within their territory.
437
  Such entities, as payment services providers under Directive (EU) 2015/2366, should
438
-
439
- 29
440
- Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets
441
- in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives
442
- 2013/36/EU and (EU) 2019/1937, OJ L150, 9.6.2023, p. 40
443
-
444
- EN
445
- 24
446
- EN
447
  comply with the provisions of this Regulation, including Directive (EU) 2015/2366
448
  and Directive (EU) 2015/849.
449
  (30)
@@ -496,9 +429,6 @@ identifier of the local storage device used for offline digital euro for the dur
496
  facilitating the provision of offline digital euro to their customers. The payment
497
  service providers should implement appropriate technical and organisational measures
498
  including state-of-the-art security and privacy-preserving measures to ensure that the
499
- EN
500
- 25
501
- EN
502
  identifier of the device of individual digital euro users cannot be used for other
503
  purposes other than for the purpose of the provision of offline digital euro.
504
  (35)
@@ -551,9 +481,6 @@ Limits to the use of the digital euro for digital euro users residing or establi
551
  outside the euro area should not be more favourable than for digital euro users residing
552
  or established in the euro area, also to cater for monetary sovereignty and financial
553
  stability concerns both within and outside the euro area.
554
- EN
555
- 26
556
- EN
557
  (39)
558
  Any limits to the store of value function that the European Central Bank decided on
559
  should be binding on and implemented by the payment service providers distributing
@@ -607,9 +534,6 @@ essential component of the legal tender status. It is therefore essential that a
607
  charge, as a restriction of the face value of the digital euro, be objectively justified and
608
  proportionate to the objective of ensuring an effective use of the digital euro as a legal
609
  tender means of payment.
610
- EN
611
- 27
612
- EN
613
  (43)
614
  To ensure that fees and charges are uniform across the euro area and proportionate, the
615
  European Central Bank should regularly monitor their level and, on this basis, publish
@@ -716,12 +640,6 @@ territories, under a monetary agreement with the Union.
716
  (51)
717
  The use of the digital euro in cross-currency payments would furthermore contribute
718
  to foster the international use of the euro. This would also bring benefits to the euro
719
-
720
- 31
721
- Agreement on the European Economic Area (OJ L 1, 3.1.1994, p. 3).
722
- EN
723
- 29
724
- EN
725
  area and other economies by facilitating cross-border payments for the purpose of
726
  trade or remittances, in line with the G20 agenda.
727
  (52)
@@ -770,14 +688,6 @@ where those machines are programmed to automatically trigger payments for their
770
  spare parts upon ordering them, for charging and paying electricity at most favourable
771
  market conditions, for paying insurance, and leasing and maintenance fees on a usage
772
  basis.
773
-
774
- 32
775
- Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the
776
- accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
777
-
778
- EN
779
- 30
780
- EN
781
  (56)
782
  To facilitate the use of digital euro and the provision of innovative services, the
783
  Eurosystem should support the provision of conditional digital euro payment
@@ -831,9 +741,6 @@ processes that the European Central Bank may adopt pursuant to its own competenc
831
  should ensure that any digital euro user is able to carry out digital euro payment
832
  transactions with any other digital euro users across the euro area regardless of the
833
  payment service providers involved and the front-end services used. To reduce the
834
- EN
835
- 31
836
- EN
837
  fragmentation of the European retail payments market, and to support competition,
838
  efficiency and innovation in that market, and the development of payment instruments
839
  across the Union in keeping with the objective of the Commission’s retail payment
@@ -886,9 +793,6 @@ and the payment infrastructures of payment service providers. In particular, the
886
  Eurosystem would not have a contractual relationship with digital euro users even if
887
  those users use the front-end services provided by the European Central Bank. The
888
  ECB and the payment service providers should implement appropriate technical and
889
- EN
890
- 32
891
- EN
892
  organisational measures including state-of-the-art security and privacy-preserving
893
  measures to ensure that the identity of individual digital euro users cannot be accessed
894
  by the ECB via its front-end solution.
@@ -939,13 +843,6 @@ payment service providers. At the request of the digital euro users, payment ser
939
  providers should then enable the switching of the digital euro payment accounts, while
940
  maintaining the same account identifiers. In exceptional circumstances where a
941
  payment service provider is unable to perform this task, including due to having lost
942
-
943
- 33
944
- Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement
945
- finality in payment a
946
- EN
947
- 33
948
- EN
949
  the relevant digital euro payment account-related data, the European Central Bank
950
  should be able to authorise the switching of digital euro payment accounts so that the
951
  new payment service provider designated by the digital euro user can retrieve the
@@ -998,9 +895,6 @@ hardware and software features in mobile devices to process online digital euro
998
  payment transactions and for storing digital euros on mobile devices for offline digital
999
  euro payment transactions. This obligation should be without prejudice to Article 6
1000
  paragraph (7) of Regulation (EU) 2022/1925, which obliges gatekeepers to provide,
1001
- EN
1002
- 34
1003
- EN
1004
  free of charge, effective interoperability with, and access for the purposes of
1005
  interoperability to, the operating system, hardware or software features of mobile
1006
  devices, which is applicable to existing and new digital means of payments, including
@@ -1041,27 +935,6 @@ pursuant to this Regulation. In the framework of this regulation, the processing
1041
  personal data for the purposes of the enforcement of holding limits, the initiation of
1042
  the funding and de-funding of a user’s holdings, and the management of local storage
1043
  devices for offline digital euro payments are tasks in the public interest that are
1044
-
1045
- 34
1046
- Statement on the design choices for a digital euro from the privacy and data protection perspective
1047
- adopted on 10 October 2022.
1048
- 35
1049
- Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
1050
- protection of natural persons with regard to the processing of personal data and on the free movement of
1051
- such data, and repealing Directive 95/46/EC (General Data Protection Regulation), OJ L 119, 4.5.2016,
1052
- p. 1–88.
1053
- 36
1054
- Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
1055
- protection of natural persons with regard to the processing of personal data by the Union institutions,
1056
- bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
1057
- 45/2001 and Decision No 1247/2002/EC, OJ L 295, 21.11.2018, p. 39–98.
1058
- 37
1059
- Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the
1060
- processing of personal data and the protection of privacy in the electronic communications sector, OJ L
1061
- 201, 31.07.2002, p. 37.
1062
- EN
1063
- 35
1064
- EN
1065
  essential for the protection of citizens making use of the digital euro as well as for the
1066
  stability and integrity of the Union's financial system. Payment service providers will
1067
  be the controller of personal data as regards these tasks. In addition, payment service
@@ -1115,9 +988,6 @@ For the purpose of enforcing the holding limits and ensuring the exceptional swi
1115
  of digital euro payment accounts in emergency situations upon the request of the
1116
  digital euro user, a single access point of digital euro user identifiers and the related
1117
  digital euro holding limits is necessary to ensure the efficient functioning of the digital
1118
- EN
1119
- 36
1120
- EN
1121
  euro across the entire euro area, as digital euro users may hold digital euro payment
1122
  accounts in different Member States. When establishing the single access point, the
1123
  European Central Bank and national central banks should ensure that the processing of
@@ -1160,22 +1030,6 @@ pace with technological developments, the power to adopt acts in accordance with
1160
  Article 290 of the Treaty on the Functioning of the European Union should be
1161
  delegated to the Commission to supplement this Regulation by adopting delegated acts
1162
  in respect of additional exceptions to mandatory acceptance and the types of personal
1163
-
1164
- 38
1165
- Proposal for a regulation on the prevention of the use of the financial system for the purposes of money
1166
- laundering or terrorist financing (COM/2021/420 final); Proposal for a Directive establishing the
1167
- mechanisms that Member States should put in place to prevent the use of the financial system for
1168
- ML/TF purposes, and repealing Directive (EU) 2015/849 ( COM/2021/423 final); Proposal for a
1169
- Regulation creating an EU Authority for anti-money laundering and countering the financing of
1170
- terrorism (‘AMLA’) (COM/2021/421 final); and Proposal for the recast of Regulation (EU) 2015/847
1171
- expanding traceability requirements to crypto-assets (COM/2021/422 final)
1172
- 39
1173
- Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on
1174
- information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (OJ L 141,
1175
- 5.6.2015, p. 1).
1176
- EN
1177
- 37
1178
- EN
1179
  data processed by payment services providers, the European Central Bank and the
1180
  national central bank and providers of support services. It is of particular importance
1181
  that the Commission carry out appropriate consultations during its preparatory work,
@@ -1207,21 +1061,3 @@ The European Data Protection Supervisor and the European Data Protection Board
1207
  were consulted in accordance with Article 42 of Regulation (EU) 2018/1725 of the
1208
  European Parliament and of the Council41 and delivered a joint opinion on [XX XX
1209
  2023].
1210
- HAVE ADOPTED THIS REGULATION:
1211
- CHAPTER I
1212
- SUBJECT MATTER AND DEFINITIONS
1213
- Article 1
1214
- Subject matter
1215
- With a view to adapting the euro to technological changes and to ensuring its use as a single
1216
- currency, this Regulation establishes the digital euro and lays down rules concerning in
1217
- particular its legal tender status, distribution, use, and essential technical features.
1218
-
1219
- 40
1220
- Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011
1221
- laying down the rules and general principles concerning mechanisms for control by Member States of
1222
- the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
1223
- 41
1224
- Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
1225
- protection of natural persons with regard to the processing of personal data by the Union institutions,
1226
- bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No
1227
- 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
 
 
 
 
 
1
  Proposal for a
2
  REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
3
  on the establishment of the digital euro
 
31
  payments. Today, online payments rely entirely on commercial bank money. The
32
  acceptability and fungibility of commercial bank money rely on its convertibility on a
33
  one-to-one basis to central bank money with legal tender, which serves as a monetary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
34
  anchor. That monetary anchor is at the core of the functioning of monetary and
35
  financial systems. It underpins users’ confidence in commercial bank money and in
36
  the euro as a currency and is therefore essential to safeguard the stability of the
 
75
  digital euro are equally important. Regulation (EU) [please insert reference – proposal
76
  for a Regulation on the legal tender of euro banknotes and coins - COM/2023/364] would
77
  harmonise legal tender for cash and ensure that cash is widely distributed and effectively
78
+ used.
 
 
 
 
 
 
 
 
 
 
 
79
  (7)
80
  Future developments in digital payments may affect the role of the euro in retail
81
  payment markets both in the European Union and internationally. Many central banks
 
129
  rights and freedoms with regard to the processing of personal data, the European
130
  Central Bank should consult the European Data Protection Supervisor. To ensure legal
131
  certainty, the Regulation also clarifies that the digital euro is subject to Directive (EU)
 
 
 
132
  2015/849 of the European Parliament and of the Council, of 20 May 2015, on the
133
  prevention of the use of the financial system for the purposes of money laundering or
134
  terrorist financing and to Regulation (EU) 2015/847 of the European Parliament and of
 
178
  According to the case-law of the Court of Justice of the European Union 26, the
179
  concept of ‘legal tender’ of a means of payment denominated in a currency unit
180
  signifies, in its ordinary sense, that that means of payment cannot generally be refused
 
 
 
 
 
 
 
181
  in settlement of a debt denominated in the same currency unit, at its full-face value,
182
  with the effect of discharging the debt.
183
  (15)
 
226
  settlement of monetary debts should remain available. Nevertheless, microenterprises
227
  and non-profit legal entities that accept comparable digital means of payment from
228
  payers should be subject to the mandatory acceptance of payments in digital euro.
 
 
 
 
 
 
 
 
 
229
  Comparable digital means of payment should include debit card payment or instant
230
  payment or other future technological solutions used at the point of interaction, but
231
  should exclude credit transfer and direct debit that are not initiated at the point of
 
278
  may still receive digital euro payment services by payment service providers
279
  established in the European Economic Area, in line with the Agreement on the
280
  European Economic Area, subject to possible time limitations in relation to the status
 
 
 
281
  of residence or establishment of these persons that the European Central Bank may
282
  define.
283
  (22)
 
331
  (26)
332
  To support universal access to the digital euro by the general public in the euro area,
333
  and to foster innovation and a high level of competition in the retail payment market,
 
 
 
334
  all the relevant intermediaries should be able to distribute the digital euro. All account
335
  servicing payment service providers under Directive 2015/2366, including credit
336
  institutions, electronic money institutions, payment institutions, post office giro
 
377
  authorities, or postal offices, distribute the digital euro. For that purpose, Member
378
  States should designate entities that should carry out that task within their territory.
379
  Such entities, as payment services providers under Directive (EU) 2015/2366, should
 
 
 
 
 
 
 
 
 
380
  comply with the provisions of this Regulation, including Directive (EU) 2015/2366
381
  and Directive (EU) 2015/849.
382
  (30)
 
429
  facilitating the provision of offline digital euro to their customers. The payment
430
  service providers should implement appropriate technical and organisational measures
431
  including state-of-the-art security and privacy-preserving measures to ensure that the
 
 
 
432
  identifier of the device of individual digital euro users cannot be used for other
433
  purposes other than for the purpose of the provision of offline digital euro.
434
  (35)
 
481
  outside the euro area should not be more favourable than for digital euro users residing
482
  or established in the euro area, also to cater for monetary sovereignty and financial
483
  stability concerns both within and outside the euro area.
 
 
 
484
  (39)
485
  Any limits to the store of value function that the European Central Bank decided on
486
  should be binding on and implemented by the payment service providers distributing
 
534
  charge, as a restriction of the face value of the digital euro, be objectively justified and
535
  proportionate to the objective of ensuring an effective use of the digital euro as a legal
536
  tender means of payment.
 
 
 
537
  (43)
538
  To ensure that fees and charges are uniform across the euro area and proportionate, the
539
  European Central Bank should regularly monitor their level and, on this basis, publish
 
640
  (51)
641
  The use of the digital euro in cross-currency payments would furthermore contribute
642
  to foster the international use of the euro. This would also bring benefits to the euro
 
 
 
 
 
 
643
  area and other economies by facilitating cross-border payments for the purpose of
644
  trade or remittances, in line with the G20 agenda.
645
  (52)
 
688
  spare parts upon ordering them, for charging and paying electricity at most favourable
689
  market conditions, for paying insurance, and leasing and maintenance fees on a usage
690
  basis.
 
 
 
 
 
 
 
 
691
  (56)
692
  To facilitate the use of digital euro and the provision of innovative services, the
693
  Eurosystem should support the provision of conditional digital euro payment
 
741
  should ensure that any digital euro user is able to carry out digital euro payment
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
 
 
 
744
  fragmentation of the European retail payments market, and to support competition,
745
  efficiency and innovation in that market, and the development of payment instruments
746
  across the Union in keeping with the objective of the Commission’s retail payment
 
793
  Eurosystem would not have a contractual relationship with digital euro users even if
794
  those users use the front-end services provided by the European Central Bank. The
795
  ECB and the payment service providers should implement appropriate technical and
 
 
 
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.
 
843
  providers should then enable the switching of the digital euro payment accounts, while
844
  maintaining the same account identifiers. In exceptional circumstances where a
845
  payment service provider is unable to perform this task, including due to having lost
 
 
 
 
 
 
 
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
 
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,
 
 
 
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
 
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
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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
 
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
 
 
 
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
 
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
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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,
 
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].