The Commission’s bill essentially requires cash to be accepted, with a few exceptions. That obligation would not apply to online purchases.
Two exceptions
There are only two exceptions to the rule. Cash may be refused ‘in good faith’ if there is a good and temporary reason to do so. For example, a shortage of change or if a small amount is paid in very large denominations.
Even if it has been agreed in advance that an amount will be paid by debit card or bank transfer, cash may be refused. “The unilateral refusal of cash, as is now sometimes done via a ‘pin-only’ sticker, for example, is not allowed,” the cabinet writes in a first analysis of the Brussels proposal.
Legal tender
According to the Commission, the new rules are necessary because although the euro is legal tender in all euro countries, what that actually means has not been formally laid down anywhere. If it is up to the Commission, ‘legal tender’ will soon mean that it must be accepted compulsorily at full value, enabling the payer to meet his obligation.
This also means that retailers are not allowed to charge extra costs if the customer wants to pay with cash.
The bill also prescribes that the member states must make rules for punitive measures if shops, service providers or institutions do not comply with the acceptance obligation. Fines must be imposed and an authority must be designated to enforce.
Not entirely positive
The outgoing cabinet is not entirely positive about the Commission’s proposal. Mainly because as far as The Hague is concerned, it is too vague on many fronts. For example, the cabinet writes that it is not clear whether the rules would also apply to payments to governments, such as fines or tax debts. In any case, the government believes that the obligation should not apply to this.
“The cabinet mainly sees the added value of mandatory acceptance of cash for payments at the point of sale and will aim for the regulation to have that scope.”
More exceptions
There are also questions about the grounds for exceptions. For example, the cabinet believes that there should also be permanent grounds for exceptions, for example if safety is at stake. “The cabinet can imagine that some entrepreneurs do not accept cash at all because of real and concrete security risks.” Payments in buses are mentioned as an example.
The Hague also does not want to set up a supervisor to keep an eye on things and to impose fines. If it is up to the cabinet, citizens will simply go to court if they feel that they are being treated injustice.
Negotiate
Whether, when and in what form the law will come into force remains to be seen later. Ultimately, the Member States and the European Parliament will have to agree to the law. The proposal can still be changed considerably during that process.
2023-09-08 05:33:39
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