We remind you that in the Official Gazette (Part I) no. 456 of 6 May 2022, Law 128 was published to amend and supplement Government Emergency Ordinance no. 193/2002 on the introduction of modern payment systems.
Thus, according to the document, the obligation to accept payment by card will no longer be conditioned as before by turnover, but by receipts during the year in question.
The new law complements the Emergency Ordinance 193/2002 on the introduction of modern payment systems, with provisions on the obligation of economic operators providing public utility services and public institutions and authorities to accept, in addition to physical payment with debit, credit or prepaid cards, also online card payment.
The novelty of the regulation is that this obligation has been extended to public authorities, and prepaid cards can also be accepted as a means of payment.
It should be recalled that payment by card was mandatory for companies engaged in retail and wholesale trade activities with an annual turnover of more than 50,000 euros in RON equivalent.
Law 128/2022 also stipulates that providers of public utility services (water, electricity, sanitation and others) and public institutions to which taxes and fines are paid are obliged to accept payment by card both at the cash desk and online.
It should be noted that only entities with collection points located in areas not served by electronic communication networks are exempt from this obligation.
“Economic operators providing public utility services, as well as public institutions and authorities that collect taxes, duties, contributions, fines, interest, late payment penalties, penalties, other payment obligations and amounts for services rendered or intermediated, are obliged to accept collections also by means of debit, credit or prepaid cards, through a POS terminal, as well as online, through other modern acceptance solutions, both at their own cash desks and through applications that facilitate the acceptance of electronic payments “, according to Law 128/2022.
Also, legal entities engaged in retail and wholesale trade activities, as defined by Government Ordinance (OG) 99/2000 on the marketing of market products and services, republished, with subsequent amendments and additions, as well as those engaged in the provision of services, with an annual turnover exceeding 50. 000 euro in RON equivalent, are obliged to accept debit, credit or prepaid cards as means of payment, by means of a POS terminal and/or other modern acceptance solutions, including applications facilitating the acceptance of electronic payments. The activity of providing services, for the purposes of this paragraph, means the operation defined in Article 271 paragraph (1) of Law No. 227/2015 on the Fiscal Code, as amended and supplemented.”
Within 6 months from the date of entry into force of Law 128/2022, economic operators providing public utility services and public authorities, regardless of the mode of financing and subordination, were obliged to implement the modern electronic remote payment system.
Please note that the deadline expires today, 9 November.
The obligation for legal entities to accept debit, credit or prepaid cards through a POS terminal and/or other modern acceptance solutions starts with the quarter following the one in which the receipts during the year in question exceeded the threshold of 50,000 euros. The exchange rate for determining the RON equivalent is the one communicated by the BNR on the last day of the previous year.
If the mentioned threshold has not been exceeded for two consecutive years, the entities designated in paragraph (1) – public institutions – are no longer obliged to accept debit, credit or prepaid cards through a POS terminal and/or other modern acceptance solutions.
Entities that do not have any means of internet connection at the point of collection are exempted from the obligation.
Within 60 days from the date of entry into force of this Law, the Ministry of Finance, together with the Ministry of Research, Innovation and Digitalization, the Ministry of Development, Public Works and Administration, the Ministry of Economy, Entrepreneurship and Tourism, in consultation with the National Bank of Romania, shall amend accordingly the methodological rules for the application of the provisions of the EMERGENCY ORDINANCE no.193/2002 on the introduction of modern payment systems, approved by Government Decision no.949/2017.
It is important to point out that, according to the EMERGENCY ORDINANCE 193/2022, failure to comply with these provisions will constitute a contravention and will be sanctioned with a fine from 20,000 lei to 50,000 lei.
Draft law under debate in the Senate (B667/2022):
Please note that there is currently a bill on the Senate table that intends to significantly reduce cash transactions by companies.
The document provides, among other things, a ban on the payment of salaries in cash and the obligation for merchants to accept at least one form of cashless payment.
Firstly, the bill provides for a ban on employers paying wages in cash. It does not specify exactly how wages may be paid, only that the chosen method must be cashless. There will be only one exception to the ban on cash payments, applicable to financially vulnerable consumers (those with a monthly income of up to 60% of average gross earnings in the economy). However, this will only apply on request.
Secondly, it is proposed that all traders should provide customers with at least one cashless payment instrument.
“Natural or legal persons, referred to in Article 1 paragraph (1) of the Law no. 26/1990 on the Trade Register, as amended and supplemented, are obliged to accept at least one non-cash payment instrument,” the draft says.
Legal basis:
- Law 128/2022 for the amendment and completion of Government Emergency Ordinance 193/2002 on the introduction of modern payment systems;
- Government Emergency Ordinance 193/2002 on the introduction of modern payment systems;
- https://senat.ro/legis/lista.aspx?nr_cls=b667&an_cls=2022