Procedure : 2010/0204(COD)
Document stages in plenary
Document selected : A7-0076/2011

Texts tabled :

A7-0076/2011

Debates :

Votes :

PV 07/06/2011 - 8.5
CRE 07/06/2011 - 8.5
PV 27/09/2011 - 8.10
Explanations of votes

Texts adopted :


REPORT     ***I
PDF 186kWORD 242k
22 March 2011
PE 454.357v02-00 A7-0076/2011

on the proposal for a regulation of the European Parliament and of the Council on the professional cross-border transportation of euro cash by road between euro-area Member States

(COM(2010)0377 – C7-0186/2010 – 2010/0204(COD))

Committee on Economic and Monetary Affairs

Rapporteur: Sophie Auconie

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council on the professional cross-border transportation of euro cash by road between euro-area Member States

(COM(2010)0377 – C7- 0186/2010 – 2010/0204(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2010)0377),

–   having regard to Article 294(2) and Article 133 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0186/2010),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Central Bank of 5 October 2010(1),

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs (A7-0076/2011),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment  1

Proposal for a regulation

Recital 4

Text proposed by the Commission

Amendment

(4) In view of the particular dangers for health and life of both CIT-staff and the general public that are associated with the activity of transporting cash, it is appropriate that cross-border transport of cash is made subject to a specific cross-border CIT-licence. This licence should come on top of the national CIT-licence that is required in most participating Member States, which this Regulation does not harmonise. In the few Member States that do not have a specific approval procedure for CIT-companies going beyond the general rules for the security or transport sector, and in order to increase the mutual confidence between Member States, it is moreover appropriate that CIT-companies established in these Member States should demonstrate a minimum experience of twelve months of regularly transporting cash in the Member State where they are established without infringements of the national legislation before they may be granted a cross-border licence by this Member State.

(4) In view of the particular dangers for health and life of both CIT-staff and the general public that are associated with the activity of transporting cash, it is appropriate that cross-border transport of cash is made subject to a specific cross-border CIT-licence. This licence should come on top of the national CIT-licence that is required in most participating Member States, which this Regulation does not harmonise. In the few Member States that do not have a specific approval procedure for CIT-companies going beyond the general rules for the security or transport sector, and in order to increase the mutual confidence between Member States, it is moreover appropriate that CIT-companies established in these Member States should demonstrate a minimum experience of 24 months of regularly transporting cash in the Member State where they are established without infringements of the national legislation before they may be granted a cross-border licence by this Member State.

Amendment              2

Proposal for a regulation

Recital 4 a (new)

Text proposed by the Commission

Amendment

(4a) With a view to improving CIT security both for the staff involved and for the public, use of the intelligent banknote neutralisation system (IBNS) should be encouraged and, after a thorough impact assessment by the Commission, should be capable of being developed in a manner entailing harmonisation of IBNS among the participating Member States, without prejudice to the rules set in this Regulation on national authorisations for certain types of cash transportation.

Amendment  3

Proposal for a regulation

Article 11 – paragraph 2

Text proposed by the Commission

Amendment

2. Member States shall keep a register of all the companies to which they have delivered a CIT cross-border licence and shall inform each other about its content. They shall update the register with any change affecting it, including any decision to suspend or withdraw a licence pursuant to Article 22 and shall immediately inform each other of the update.

2. Member States shall keep a register of all the companies to which they have delivered a CIT cross-border licence and shall inform each other and the Commission about its content. They shall update the register with any change affecting it, including any decision to suspend or withdraw a licence pursuant to Article 22, and shall immediately inform each other and the Commission of the update.

Amendment  4

Proposal for a regulation

Article 11 – paragraph 5

Text proposed by the Commission

Amendment

5. Member States shall publish and inform each other of the addresses and other contact details of the national contact points referred to in Article 6 point (5) and of other relevant national legislation.

5. Member States shall publish and inform each other and the Commission of the addresses and other contact details of the national contact points referred to in Article 6 point (5) and of other relevant national legislation.

Amendment  5

Proposal for a regulation

Article 12 – paragraph 1

Text proposed by the Commission

Amendment

1. A company holding a CIT cross-border licence shall inform the granting authority sufficiently in advance about the Member States(s) in which it will carry out CIT-transport. The Member State of origin shall subsequently immediately notify the Member State(s) concerned that the cross-border activity is to start.

1. A company holding a CIT cross-border licence shall inform the granting authority, at least three months before it begins its cross-border activity, about the Member States(s) in which it will carry out CIT-transport. The Member State of origin shall subsequently immediately notify the Member State(s) concerned that the cross-border activity is to start.

Amendment  6

Proposal for a regulation

Article 12 a (new)

Text proposed by the Commission

Amendment

 

Article 12a

 

National authorisation for certain types of cash transportation

1. In relation to the cross-border transportation of euro notes by road on its territory, each Member State shall authorise:

 

(a) at least one of the options set out in Articles 13, 14, 15, 16 and 17; and

 

(b) those options set out in Articles 13, 14, 15, 16 and 17 which are comparable to the transport modalities authorised for national cash transportation.

 

In relation to point-to-point transportation, Article 16 shall apply to all Member States.

 

2. In relation to the cross-border transportation of euro coins by road on its territory, each Member State shall authorise:

 

(a) at least one of the options set out in Articles 18 and 19; and

 

(b) those options set out in Articles 18 and 19 which are comparable to the transport modalities authorised for national cash transportation.

 

3. Transport operations involving both coins and notes shall be covered by the modalities for the cross-border transportation of notes.

 

4. As regards the application of Articles 13, 14, 15 and 17, a Member State may decide that only end-to-end IBNS may be used on its territory for the servicing of off-premises ATMs, provided that the same rules apply for domestic CIT transports.

 

5. The Member States shall notify the Commission of the transport modalities applied in accordance with this Article. The Commission shall publish an information notice accordingly in the Official Journal of the European Union. The transport modalities applicable shall take effect one month after publication of the information notice. The Member States shall use the same procedure when new transport modalities become applicable pursuant to this Article.

 

6. If a host Member State or a Member State crossed finds that an IBNS displays serious deficiencies as regards the technical characteristics normally required, that is to say, that the cash can be accessed without triggering the neutralisation mechanism or that the IBNS has been modified after homologation in such a way that it no longer fulfils the homologation criteria, it shall inform the Commission and the Member State which granted the homologation of this and may ask that new tests be carried out on that IBNS. Pending the results of those new tests, Member States may provisionally prohibit the use of that IBNS on their territory. They shall, without delay, inform the Commission and the other Member States to which this Regulation applies of such provisional prohibition.

Amendment  7

Proposal for a regulation

Article 20

Text proposed by the Commission

Amendment

Article 20

deleted

National derogations

 

(a) A Member State may decide that Articles 13, 14, 15, 16 or 17 does/do not apply for cross-border transportation of banknotes by road carried out on its territory, provided that it does not allow comparable transport modalities for domestic CIT-transports and provided that at least one of these Articles apply on its territory. A possible derogation from Article 16 may not cover point-to-point transports.

 

(b) A Member State may decide that either Article 18 or 19 does not apply for cross-border transportation of coins by road carried out on its territory, provided that it does not allow comparable transport modalities for domestic CIT-transports.

 

(c) As regards the application of Articles 13, 14, 15 and 17, a Member State may decide that only end-to-end IBNS may be used on its territory for the servicing of off-premises ATMs, provided that the same rules apply for domestic CIT-transports.

 

(d) The Member State concerned shall notify its decision to use any of the above derogations in this Article to the Commission, which will ensure that a corresponding information notice is published in the Official Journal of the European Union. The derogation shall take effect one month after publication of the information notice. Member States may lift a derogation using the same procedure.

 

(e) If a host Member State or a Member State crossed finds that an IBNS displays serious deficiencies as regards the technical characteristics normally required, that is to say that the cash can be accessed without triggering the neutralisation mechanism or that the IBNS has been modified after homologation in such a way that it no longer fulfils the homologation criteria, it shall inform the Commission and the Member State having granted the homologation of this and may ask that new tests be carried out on that IBNS. Pending the results of these new tests, Member States may provisionally prohibit the use of that IBNS on its territory. They shall without delay inform the Commission and the other Member States to which this Regulation applies thereof.

 

Amendment  8

Proposal for a regulation

Article 26

Text proposed by the Commission

Amendment

The Commission shall report to the European Parliament and the Council on the implementation of this Regulation two years after its entry into effect at the latest and, thereafter, once every five years. For this purpose, it shall carry out a consultation of the stakeholders in the sector including the social partners. The report shall notably include an examination of the possibility of establishing common training requirements for the carrying of arms by CIT-staff and take due account of technological progress in the area of IBNS and assess whether the Regulation needs to be revised accordingly.

The Commission shall report to the European Parliament and the Council on the implementation of this Regulation four years after its entry into effect at the latest and, thereafter, once every five years. For this purpose, it shall carry out a consultation of the stakeholders in the sector including the social partners. The report shall notably include an examination of the possibility of establishing common training requirements for the carrying of arms by CIT-staff; take due account of technological progress in the area of IBNS; consider the potential added value of granting European CIT licences on a group basis; and assess whether the Regulation needs to be revised accordingly.

Amendment  9

Proposal for a regulation

Article 28 a (new)

Text proposed by the Commission

Amendment

 

Article 28a

Consultation with the social partners

The Commission shall consult the social partners before adopting delegated acts.

Amendment  10

Proposal for a regulation

Article 30 – paragraph 1

Text proposed by the Commission

Amendment

1. The European Parliament and the Council may object to the delegated act within a period of 3 months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by one month.

1. The European Parliament and the Council may object to the delegated act within a period of 3 months from the date of notification. At the initiative of the European Parliament or the Council this period shall be extended by three months.

(1)

OJ C 278, 15.10.2010, p. 1.


EXPLANATORY STATEMENT

Purpose of the proposed regulation

Although euro notes and coins were introduced as long ago as 2002, the market for transporting euro cash is still highly fragmented. Widely diverging national rules make it very difficult for cash-in-transit (CIT) companies to provide cross-border services. The purpose of this regulation is therefore to simplify the regulatory constraints so that euro notes and coins can circulate more easily among the Member States that have adopted the currency.

Rapporteur’s position

The proposal drawn up by the Commission, on the basis of lengthy consultation, is a balanced one. It should serve to facilitate the cross-border transportation of euro cash without prejudice to the Member States’ various chosen approaches to regulation of the CIT sector.

In the rapporteur’s view, there are three major aims.

– Firstly, given that the purpose of the regulation is to facilitate the cross-border transportation of cash, it is important to ensure that the rules it establishes are sufficiently clear and workable for the CIT companies and national authorities. Thus, with regard to the range of cash transportation methods, Member States must be able to select as many options as they wish from the five transportation methods for notes and the two for coins which are set out in the regulation. The rapporteur considers, however, that it would be wrong at this stage to require Member States that have no wish to do so to use a number of cash transportation methods for notes and for coins – thus entailing, in some cases, a major revision of security rules.

– Secondly, because of the particular dangers involved in cash transportation, the regulation must help to reinforce the imperative of safety for both CIT staff and the public. The rapporteur therefore considers that, in order to do cross-border work, companies must have an adequate minimum level of experience. The rapporteur also stresses the need, in future, to encourage use of the intelligent banknote neutralisation system (IBNS) to prevent any worsening of the violence that currently characterises some attacks on CIT vehicles.

– Thirdly, the regulation must not result in an erosion of employment conditions for CIT staff and, in that respect, the rapporteur finds the Commission proposal satisfactory.


PROCEDURE

Title

Professional cross-border transportation of euro cash by road between euro-area Member States

References

COM(2010)0377 – C7-0186/2010 – 2010/0204(COD)

Date submitted to Parliament

14.7.2010

Committee responsible

       Date announced in plenary

ECON

7.9.2010

Committee(s) asked for opinion(s)

       Date announced in plenary

EMPL

7.9.2010

TRAN

7.9.2010

 

 

Not delivering opinions

       Date of decision

EMPL

22.9.2010

TRAN

2.9.2010

 

 

Rapporteur(s)

       Date appointed

Sophie Auconie

6.9.2010

 

 

Discussed in committee

17.1.2011

 

 

 

Date adopted

16.3.2011

 

 

 

Result of final vote

+:

–:

0:

35

0

0

Members present for the final vote

Burkhard Balz, Sharon Bowles, Udo Bullmann, Pascal Canfin, Nikolaos Chountis, George Sabin Cutaş, Rachida Dati, Leonardo Domenici, Derk Jan Eppink, Diogo Feio, Vicky Ford, Ildikó Gáll-Pelcz, José Manuel García-Margallo y Marfil, Jean-Paul Gauzès, Sven Giegold, Sylvie Goulard, Liem Hoang Ngoc, Wolf Klinz, Philippe Lamberts, Astrid Lulling, Íñigo Méndez de Vigo, Ivari Padar, Antolín Sánchez Presedo, Edward Scicluna, Peter Simon, Peter Skinner, Theodor Dumitru Stolojan, Ivo Strejček, Marianne Thyssen, Corien Wortmann-Kool

Substitute(s) present for the final vote

Sophie Auconie, Elena Băsescu, Saïd El Khadraoui, Danuta Jazłowiecka, Olle Ludvigsson, Thomas Mann, Sirpa Pietikäinen, Catherine Stihler

Last updated: 13 October 2011Legal notice