programme for non-cash payments development in poland for
TRANSCRIPT
PROGRAMME FOR NON-CASH
PAYMENTS DEVELOPMENT IN
POLAND FOR THE YEARS 2014-2020
Part 3
Recommendations for the Government
Warsaw, December 2013
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Table of Contents
List of abbreviations ................................................................................................................................ 4
Introduction ............................................................................................................................................. 5
Specific Objective 1 ‒ Reduction of financial exclusion ........................................................................ 7
Action 1.1: Taking measures aimed at opening and maintaining free-of-charge or low-cost payment
accounts and commencement of their use by the elderly (above 65 years of age), by the youngest as
well as people not using banking services, especially people with low income, inhabitants of small
towns or villages, the disabled and the unemployed ........................................................................... 7
Action 1.2: Introducing required changes in current legal regulations and regulations promoting the
use of non-cash payments .................................................................................................................... 8
Action 1.3: Actions for the replacement of cash service points and performance and acceptance of
payments in cash in public sector institutions and economic entities, in particular at mass creditors,
by non-cash payments ......................................................................................................................... 9
Specific Objective 2 ‒ Breaking mental barriers and changing of payment habits of consumers,
enterprises and public institutions towards greater use of non-cash payments. .................................... 10
Action 2.1: Educational and promotional actions in non-cash payments aimed at consumers,
entrepreneurs and public institutions. Enhancing knowledge on rights concerning non-cash payment
instruments and banking payment services among bank clients ....................................................... 10
Action 2.4: Introducing required changes in current legal provisions and regulations promoting the
use of non-cash payments .................................................................................................................. 11
Specific Objective 3 ‒ Popularisation of payment infrastructure and non-cash payment instrument
acceptance network ............................................................................................................................. 122
Action 3.1: Facilitating the development of the acceptance market through legal regulations – an
analysis of applicable legal regulations ............................................................................................. 13
Action 3.5: Expansion of the acceptance network of local government payments which may be
made only in non-cash form (e.g. subsidies, payment of grants, social benefits) ........................... 133
Action 3.7: Actions aimed at expanding the ATM network and other customer-operated vending
machines and their functionality ....................................................................................................... 14
Specific Objective 4 ‒ Ensuring security and effectiveness of electronic payment instruments,
expansion of their offer and development of innovative payment instruments ..................................... 15
Action 4.5: Providing technological neutrality of legal regulations concerning payments ............... 15
Specific Objective 5 ‒ Increasing competitiveness on the payment and settlement sservices market .. 17
Action 5.1: Supporting innovative payment schemes aimed at the development of non-cash
payments and competition in the payments market........................................................................... 17
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Action 5.2: Supporting the creation of a pro-innovative and competitive Polish payment ecosystem
– a platform of cooperation of all entities involved in payments ...................................................... 18
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List of abbreviations
BGK – Bank Gospodarstwa Krajowego
BFG – Bank Guarantee Fund
Group – Working Group for the Programme of Non-cash Payments Development
NCF – National Capital Fund
KNF – Polish Financial Supervision Authority
Coalition – Coalition for the Development of Non-cash Payments and Micropayments
MAiC – Ministry of Administration and Digitization
MEN – Ministry of National Education
MF – Ministry of Finance
MG – Ministry of Economy
MNiSW – Ministry of Science and Higher Education
MRR – Ministry of Regional Development
MSW – Ministry of the Interior
NBP – Narodowy Bank Polski
NCN – National Science Centre
PARP – Polish Agency for Enterprise Development
Programme – Programme for non-cash payments development in Poland for the years 2014-2020
UKE– Office of Electronic Communications
UOKiK – Office of Competition and Consumer Protection
ZBP – Polish Bank Association
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Introduction
Chances of success of the Programme prepared under the Coalition depend to a large extent on the
commitment of the Government, government institutions and other public institutions to implement
this programme Despite the fact that the document is intended primarily for entities operating on the
market for payment services, the achievement of the objectives set for the market seems to be
impossible without the cooperation of relevant ministries and other public institutions. Such
cooperation can manifest itself in many ways, more or less formal, or require more active
involvement. The following is a proposal for action by public sector entities, together with an
indication of activities that allow for their implementation. This document is the third, after the
Strategic Document and the Operational Plan for 2014-2016, that together create the Programme for
non-cash payments development in Poland and describes only recommendations for the Government
and state and public institutions marked on the following Map of the Programme.
The Coalition members believe that joint action of both public entities and the private sector will help
to achieve the main objective of the Coalition, which is to promote non-cash payments in Poland.
Recommended actions are not obligatory and should be treated as the expectations of the financial
sector towards the Government, state and other public institutions in terms of changes in applicable
laws relating to the use of non-cash payments, as well as creation of favorable economic and
infrastructural conditions for its development.
Diagram 1. Programme for Non-cash Payments Development in Poland for the Years 2014-2020
Programme for Non-cash Payments Development in Poland for
the Years 2014 – 2020
Part 3 Recommendations for the
Government
Part 2 Operational Plan for
2014-2016
Part 1 Strategic Document
6 | S t r o n a
Diagram 2. Map of the Programme
Cel główny: Upowszechnienie obrotu bezgotówkowego w Polsce
Cel szczegółowy 1:
Ograniczenie wykluczenia finansowego
Cel szczegółowy 2:
Przełamanie barier mentalnościowych oraz zmiana przyzwyczajeń płatniczych konsumentów, przedsiębiorstw i instytucji publicznych w kierunku większego korzystania z obrotu bezgotówkowego
Cel szczegółowy 3:
Upowszechnienie infrastruktury płatniczej oraz sieci akceptacji bezgotówkowych instrumentów płatniczych
Cel szczegółowy 4:
Zapewnienie bezpieczeństwa i efektywności elektronicznych instrumentów płatniczych, poszerzenie ich oferty oraz rozwój innowacyjnych instrumentów płatniczych
Cel szczegółowy 5:
Zwiększenie konkurencyjności na rynku usług płatniczych i rozliczeniowych
Działanie 1.1:Podjęcie działań mających na celu otwieranie i prowadzenie bezpłatnych lub tanich rachunków płatniczych i rozpoczęcie korzystania z bezgotówkowych instrumentów płatniczych wśród osób starszych (powyżej 65 roku), wśród najmłodszych a także wśród osób nieubankowionych, w szczególności osób o niskich dochodach, mieszkańców mniejszych miast i wsi, osób z niepełnosprawnością i bezrobotnych
Działanie 2.1:Działania edukacyjne i promocyjne w zakresie obrotu bezgotówkowego skierowane do konsumentów, przedsiębiorców i instytucji publicznych. Poszerzenie wśród tej grupy osób i podmiotów wiedzy na temat bezgotówkowych instrumentów płatniczych oraz usług płatniczych
Działanie 3.1:Wspomaganie przepisami prawnymi rozwoju rynku akceptacji - analiza obowiązujących przepisów prawa
Działanie 3.2:Analiza możliwości, zasadności i konieczności ingerencji regulatora i nadzorcy w rynek akceptacji kart, w szczególności w odniesieniu do podmiotów podlegających i niepodlegających nadzorowi
Działanie 3.3:Aktywizacja akceptantów w zakresie przyjmowania płatności bezgotówkowych
Działanie 3.4:Działania edukacyjne skierowane do szerokiej grupy odbiorców (konsumenci, zainteresowane podmioty komercyjne, media) na temat problematyki funkcjonowania infrastruktury nowoczesnych płatności
Działanie 3.5:Poszerzenie sieci akceptacji płatności samorządowych, które mogą być dokonywane wyłącznie bezgotówkowo (np. dotacje, wypłaty dofinansowań, świadczeń społecznych)
Działanie 3.6:Podjęcie działań edukacyjno-promocyjnych w zakresie usługi cash-back
Działanie 3.7:Działania mające na celu rozwój sieci bankomatów oraz innych urządzeń samoobsługowych i ich zakresu funkcjonalności
Działanie 2.2:Działania dostawców usług płatniczych mające na celu upraszczanie procedur oraz bardziej przyjazne podejście do klienta, poszerzanie stałej relacji z klientem, pozyskiwanie zaufania i jego pogłębianie
Działanie 2.3:Przeprowadzenie pogłębionych badań i analiz w zakresie obrotu bezgotówkowego i upublicznienie ich wyników
Działanie 4.1:Działania edukacyjne oraz promocyjne w zakresie bezpieczeństwa elektronicznych instrumentów płatniczych
Działanie 4.2:Dokonanie analizy dostępnych/oferowanych przez rynek rozwiązań technologicznych (np. przetwarzanie w chmurze) pod kątem ich bezpieczeństwa zarówno dla dostawców jak i beneficjentów usług płatniczych
Działanie 4.3:Wspieranie i promowanie efektywnych dla beneficjentów (klientów indywidualnych i przedsiębiorców) rozwiązań dotyczących płatności
Działanie 4.4:Tworzenie warunków dla powstawania alternatywnych instrumentów płatności bezgotówkowych, w tym wykorzystujących istniejącą infrastrukturę
Działanie 5.1:Wspieranie innowacyjnych schematów płatniczych służących rozwojowi obrotu bezgotówkowego i konkurencji na rynku płatności
Działanie 5.2:Wspieranie utworzenia proinnowacyjnego i konkurencyjnego polskiego ekosystemu płatniczego – platformy współpracy wszystkich podmiotów zaangażowanych w płatności
Działanie 1.2:Wprowadzenie niezbędnych zmian w obowiązujących przepisach prawnych oraz regulacji promujących korzystanie z obrotu bezgotówkowego
Działanie 1.3:Działania na rzecz zastępowania obsługi kasowej oraz dokonywania i akceptowania płatności gotówkowych w instytucjach sektora publicznego oraz w podmiotach gospodarczych, w szczególności u masowych wierzycieli, przez płatności bezgotówkowe
Działanie 2.4:Wprowadzenie niezbędnych zmian w obowiązujących przepisach prawnych oraz regulacji promujących korzystanie z obrotu bezgotówkowego
Działanie 4.5:Zapewnienie neutralności technologicznej przepisów prawnych dotyczących płatności
Działania zawarte w Planie Operacyjnym na lata 2014-2016 i Rekomendacji dla Rządu na lata 2014-2020
Działania zawarte w Planie Operacyjnym na lata 2014-2016
Działania zawarte w Rekomendacji dla Rządu na lata 2014-2020
Legenda:
Specific Objective 1:
Reduction of
financial exclusion
Specific Objective 2:
Breaking mental
barriers and changing of
payment habits of
consumers, enterprises
and public institutions
towards greater use of
non-cash payments
Main Objective: Popularisation of non-cash payments in Poland
Specific Objective 3:
Popularisation of
payment infrastructure
and non-cash payment
instrument acceptance
network
Specific Objective 4:
Ensuring security and
effectiveness of electronic
payment instruments,
expansion of their offer and
development of innovative
payment instruments
Specific Objective 5:
Increasing
competitiveness on the
payment and settlement
services market
Action 1.1. Taking measures
aimed at opening and
maintaining free-of-charge or
low-cost payment accounts
and commencement of their
use by the elderly (above 65
years of age), by the
youngest, as well as people
not using banking services,
especially people with low
income, inhabitants of small
towns or villages, the
disabled and the
unemployed
Action 2.1. Educational and
promotional actions in non-
cash payments aimed at
consumers, entrepreneurs and
public institutions. Enhancing
knowledge on non-cash
payment instruments and
payment services among these
groups of people
Action 3.1. Facilitating the
development of the
acceptance market through
legal regulations – an
analysis of applicable legal
regulations
Action 4.1. Educational and
promotional actions on
electronic payment
instrument security
Action 5.1. Supporting
innovative payment
schemes aimed at the
development of non-cash
payments and competition
in the payments market
Action 5.2. Supporting the
creation of a pro-innovative
and competitive Polish
payment ecosystem – a
platform of cooperation of
all entities involved in
payments
Action 4.2. Analyzing
available/offered
technological solutions on the
market (e.g. cloud
computing) with regard their
security for both providers
and beneficiaries of payment
services
Action 3.2. The analysis of
the possibility, validity and
necessity of a regulator’s
interference in the card
acceptance market, relating
especially to entities subject
to and not subject to
supervision
Action 2.2. Measures taken
by payment service providers
aimed at simplifying
procedures and a more
client-friendly approach,
broadening fixed relations
with the client, gaining and
strengthening his trust
Action 1.2: Introducing
required changes in current
legal regulations and
regulations promoting the
use of non-cash payments
Action 1.3: Actions for the
replacement of cash service
points and performance and
acceptance of payments in
cash in public sector
institutions and economic
entities, in particular at mass
creditors, by non-cash
payments
Action 2.3. Conducting in-
depth studies and analyses on
non-cash payments and
making the results public
Action 2.4: Introducing
required changes in current
legal provisions and
regulations promoting the use
of non-cash payments
Action 3.3. Activation of
acceptors relating to
acceptance of non-cash
payments
Action 3.4. Educational actions
aimed for a broad group of
respondents (consumers,
interested commercial entities
and media) on the issue of the
functioning of modern
payment infrastructure
Action 3.5. Expansion of the
acceptance network of local
government payments which
may be made only in non-
cash form (e.g. subsidies,
payments of grants, social
benefits)
Action 3.6. Taking
promotional and educational
actions on cash back service
Action 3.7. Actions aimed at
expanding the ATM network
and other customer-
operated vending machines
and their functionality
Action 4.3. Supporting and
promoting solutions
regarding payments effective
for beneficiaries (individual
clients and entrepreneurs)
Action 4.4. Creating
conditions for the emergence
of alternative non-cash
payment instruments,
including those using the
existing infrastructure
Action 4.5: Providing
technological neutrality of
legal regulations concerning
payments
Legend
Actions Contained in the Operational Plan for 2014-2016 and
Recommendations for the Government for 2014-2020
Actions Contained in the Operational Plan for 2014-2020
Actions Contained in Recommendations for the Government
for 2014-2020
7 | S t r o n a
Specific Objective 1 ‒ Reduction of financial exclusion
Surveys of payment habits of Poles, conducted by Narodowy Bank Polski, have shown that the biggest
obstacle to growth in number of new users of banking services of different social groups is generally
the lack of need for an account, lack of income and savings, attachment to possession and payment in
cash, and the conviction of the high cost of banking services. This means that the most financially
excluded are social groups such as students, pensioners, the unemployed, and people with low income
or the disabled. Deprivation of the possibility of using banking services also implies the lack of the
possibility of using non-cash payment instruments, which in turn can lead to the alienation of these
groups in an increasingly digital society.
To prevent this state, as support of the activities described in the Programme, it is proposed that the
following actions will be implemented by public sector entities:
Action 1.1: Taking measures aimed at opening and maintaining free-of-charge or low-
cost payment accounts and commencement of their use by the elderly (above 65 years of
age), by the youngest, as well as people not using banking services, especially people with
low income, inhabitants of small towns or villages, the disabled and the unemployed
On 8 May 2013, the European Commission presented a proposal for a Directive on the comparability
of fees related to payment accounts, payment account switching and access to payment accounts with
basic features, thereby starting the first phase of consultations of the directive.1 The provisions of the
future Directive proposed by the Commission concentrate on three areas:
access to a payment account: create the possibility of opening a payment account in a Member
State other than that in which they live for EU consumers; furthermore the provisions allow
every citizen, regardless of his financial situation, to open an account that enables him to
undertake basic transactions, such as receiving income, pensions or social benefits or paying
utility bills.
comparability of fees charged on consumer’s payment accounts: facilitating the comparison of
fees charged by the banks and other payment service providers in the EU;
switching a payment account: the establishment of a clear and quick procedure for consumers
wishing to change the payment service provider, which is to operate payment accounts.
1 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2013:0266:FIN:EN:PDF
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It is important that Polish government authorities, including the Ministry of Finance, regularly
participate in consultations of the project, where the current situation on the Polish market should be
taken into account. It must be considered, among others, that studies conducted by the Coalition and
the ZBP indicate that already there are accounts in Poland that are compliant with the requirements of
an account with basic functionalities. Imposing the obligation of payment service providers, including
banks, to for example offer a new type of an account would not only be pointless but also expose
providers to unnecessary significant costs. The final wording of the Directive should take that fact into
account and provide an option of using existing products to fulfill requirements stated in the act.
After the release of the Directive, state authorities should implement it into national law in a timely
manner, after wide consultations with the payment service providers’ community, which will ensure a
smooth and rational fulfilling of the objectives that will be set in the future Directive. This will ensure
that payment service providers have clear legal conditions that allow for the effective implementation
of the law implementing the Directive, and thus achieve its objectives.
In should be noted, however, that the mere creation of a basic account, without adequate support
infrastructure to broaden access to the computers for people without such equipment at home, is less
likely to reach the communities and social groups for which this regulation is being prepared.
Therefore, it seems advisable to take following actions by units of public administration and local
governments:
Proposed scope and schedule of implementing Action 1.1:
Item Activities Recipient of the
recommendation
1. Creating computer workstations with Internet access or other
devices enabling making a transfer in municipal offices, post
offices and local community centers
Government, local governments
2. Conducting a programme by local governments to equip the
disabled and the elderly with computer workstations or other
remote means enabling the use of electronic channels, including
electronic banking
Government, local governments
3. Creating platforms enabling remote regulations of public payments Government
4. Increasing the availability to broadband Internet MAiC
Action 1.2: Introducing required changes in current legal regulations and regulations
promoting the use of non-cash payments
One of the main objectives of the Programme is to build a proper legal environment conducive to
development and popularisation of non-cash payments. Applicable law regarding the form of making
(e.g. official fees) and receiving various benefits and claims (e.g. remuneration or tax refunds)
9 | S t r o n a
generally provide a cash payment, occasionally allowing non-cash settlement only after the fulfillment
of additional conditions, such as the consent of the beneficiary or his request. Therefore, it is
appropriate to analyze and revise existing laws regarding the form of payment and receipt of various
types of benefits and receivables towards complete liquidation of preference for cash. In a modern and
increasingly digital society, the principle should be to make any kind of payment in non-cash form and
cash payments should be an alternative to electronic payments.
To accomplish this task, many of the existing laws should be analyzed and be subject to appropriate
amendments, especially those related to labour law, the payment of pensions, premiums for social
insurance of farmers, as well as payment of fees or other monetary claims, or making payments in
connection with business activity. In addition, the law makers should also make provisions for the
basic account, or facilitate the access to payment services for people with disabilities.
Proposed scope and schedule of implementing Action 1.2:
Item Activities Recipient of the
recommendation
1. Preparing proposals of changes in the Labour Code and regulations
concerning social insurance and social assistance on the use of non-
cash money transfers as the preferred form of settlement, while
retaining the possibility of paying out the claims in cash
Relevant ministries
2. Introducing relevant regulations concerning the basic account (in
the case of issuing a Directive in this respect)
MF
Action 1.3: Actions for the replacement of cash service points and performance and
acceptance of payments in cash in public sector institutions and economic entities, in
particular at mass creditors, by non-cash payments
There is no doubt that the introduction of the possibility of non-cash settlements for offices and public
authorities can make a significant contribution to reducing the number of cash service points receiving
cash payments still functioning in these offices. This primarily means a reduction in office cost
associated with cash handling. This issue also applies to large businesses, who are creditors of mass
payments associated with running a household. For those entities, the non-cash payment method also
means faster access to funds that represent payment for rendered services.
Not wishing to impose a particular form of payment contrary to the wishes and habits of the
population, as well as attachment to cash observed in certain social groups, it seems that the most
reasonable solution would be to amend the rules promoting cash payments towards at least equal
treatment of both settlement forms ‒ cash as well as non-cash settlements.
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Another important issue is the possibility of introducing the obligation to pay remuneration for
employees in non-cash form in both state and local government administration. Such action would
have certainly both an educational and promotional character. Importantly, it is not in conflict with the
applicable provisions of the Labour Code concerning the payment of wages. According to the Code,
the payment of wages shall be made in cash, but the payment may be made also in another form,
provided it is used as a collective agreement or an employee previously consented to this form of
settlement with the employer.
Proposed scope and schedule of implementing Action 1.3:
Item Activities Recipient of the
recommendation
1. Introducing recommendations concerning paying out remunerations
or other benefits in non-cash form to employees in state and local
government institutions
Relevant ministries
2. Developing the mechanisms of non-cash payment of benefits to the
citizens by public institutions
Relevant ministries
Specific Objective 2 ‒ Breaking mental barriers and changing of payment habits of
consumers, enterprises and public institutions towards greater use of non-cash
payments
Another very important cause, being also a barrier to the development of non-cash payments, is the
mental beliefs and habits of consumers, entrepreneurs and public institution employees to use specific
payment forms. In order to change them, the following actions are proposed:
Action 2.1: Educational and promotional actions in non-cash payments aimed at
consumers, entrepreneurs and public institutions. Enhancing knowledge among bank
clients concerning laws on non-cash payment instruments and banking payment services
Creating conditions for the development of cashless transactions should be regarded as the sine qua
non for the success of the strategy. Educational activities should be carried out as widely as possible ‒
include all age and professional groups. Lack of the conviction of potential users about the security of
use of electronic instruments, as well as lack of knowledge about their advantages cause resentment,
even if the other conditions necessary for the development of cashless transactions have been fulfilled.
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Taking into account the results of these earlier surveys conducted for NBP, consumer behaviour is
passed from generation to generation. In this context, education of adolescents becomes very
important, especially of primary and secondary education youths. The educational campaign should
involve both financial institutions and the administration, also at the local level, which, as it seems,
today itself needs more information and some change of fixed action patterns. An important force
seem to be the media that perhaps, in addition to information regarding negative events (e.g. theft from
the card, a bank account, problems with the computer system of the bank, etc.), should also show how
a small percentage of negative events takes place in a giant transaction volume, and how modern and
safe the banking system is in Poland.
Proposed scope and schedule of implementing Action 2.1:
Item Activities Recipient of the
recommendation
1. Creating favorable contidions for the development of non-cash
payments
Relevant ministries
2. Preparing and conducting a broad, nation-wide educational
campaign on the security of funds deposited in bank accounts
BFG
In cooperation with NBP and
ZBP
3. Promoting and supporting actions among local governments
aimed at introducing the option of non-cash service for citizens, or
its improvement
Relevant ministries, local
government units, provincial
governors
4. Conducting substantive training for local community leaders on
basic advice on financial inclusion of citizens
Relevant ministries, local
governments
5. Reviewing educational programmes and school handbooks for
issues regarding economics and finances, aimed at broadening
knowledge about modern payment methods
MEN with ZBP and NBP
6. Including “Recommendations for the Government” during the
update of the National Euro Changeover Plan, in particular the
National Communication Strategy
MF
Action 2.4: Introducing required changes in current legal provisions and regulations
promoting the use of non-cash payments
The limit for cash transactions set in the Act on the Freedom of Economic Activity at the equivalent of
EUR 15,000 seems to be far too high in the realities of the Polish financial system.
Taking into account the obligation of a business entity to own a bank account, it would be wise to
consider what to do to cause most of the payments made by the entrepreneur to be in non-cash form. A
significant reduction of this limit, for example to the amount of EUR 1,000 will surely contribute to
12 | S t r o n a
the increase in the volume of non-cash payments and in turn to reduce the gray zone. Introducing such
limits for natural persons or the obligation of non-cash payments when exceeding a specified amount
limit in the case of acquiring luxury goods need to be considered. A non-cash payment could also be
used by natural persons when regulating liabilities under the provisions of agreements providing for
periodical benefits. There are also no provisions regarding civil law contracts, that is tenancy or lease,
the revenues of which are subject to tax which is often not executed, which greatly expands the gray
zone.
It seems, however, that both consumer and entrepreneur groups could be subject to making non-cash
payments in the case of liabilities arising from civil law. However, removing legal barriers that still
exist in some acts, providing for a closed catalogue of payment forms for individual reasons of
payments must follow suit, as well as preparing the administration for the switch to non-cash
payments.
The introduction of the above mentioned obligations or restrictions does not appear to be inconsistent
with applicable law. From the point of view of the state, this brings benefits in the form of a reduction
of the gray zone (increasing budget revenues), as well as the limiting of cash transactions, which in
turn has an impact on reducing administration costs (costs of cash handling).
Proposed scope and schedule of realizing Action 2.4:
Item Activities Recipient of the
recommendation
1. Lowering the amount limit above which there is an obligation to
make payments in non-cash form by entrepreneurs
Relevant ministries
2. Analyzing recommendations for the introduction of the amount
limits for cash payments made by natural persons and
implementation of relevant provisions in this matter to applicable
law
Relevant ministries
3. Analyzing recommendations concerning the possibilities of
limiting cash transactions according to payment type and
transaction volumes. Inserting relevant provisions in this matter to
applicable law
Relevant ministries
Specific Objective 3 – Popularisation of payment infrastructure and non-cash payment
instrument acceptance network
Ensuring the appropriate level of development of the payment infrastructure is one of the basic
conditions for the popularisation of non-cash payments. Only broad access to solutions enabling the
13 | S t r o n a
use of non-cash payments can provide the aforementioned change in habits and mentality barriers in
the society, restricting the use of non-cash instruments.
Action 3.1: Facilitating the development of the acceptance market through legal
provisions – an analysis of applicable legal regulations
Ensuring specific incentives to install devices accepting payments with non-cash payment instruments
is particularly important in this context, similarly as with the situation with fiscal devices (cash
registers and printers). These incentives may range from refunding the costs of the device or granting
specific tax benefits for entities actively participating in the building of the non-cash payment
acceptance infrastructure.
An efficient implementation of changes firstly requires an inventory of areas, where modifying
existing provisions may facilitate the development of non-cash payments. These would include,
among others, tax benefits for entities actively participating in the development of non-cash payments,
tax reliefs for the purchase of relevant devices or the option to introduce the obligation of non-cash
settlements for some settlements of state bodies with the citizens, or employees with employers.
Proposed scope and schedule of implementing Action 3.1:
Item Activities Recipient of the recommendation
1.
Introducing assistance/incentives such as tax reliefs for
expenditure on infrastructure of the acceptors and entities
constructing the infrastructure, associated with installation of
terminals or creation of new acceptance points
Relevant ministries
2. Analyzing proposals of changes regarding the regulation of
card acceptance market and their possible adoption in Polish
law
Relevant ministries
3. Introducing provisions enabling the integration of fiscal cash
registers with a payment terminal
Relevant ministries
Action 3.5: Expansion of the acceptance network of local government payments which
may be made only in non-cash form (e.g. subsidies, payment of grants, social benefits)
It is equally important to ensure the widest possible use of non-cash settlements in all the settlements
between the state, acting through the administration and citizens. This applies to remunerations and
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pensions, social benefits, subsidies, and all forms of compensation and reimbursement of expenses,
paying taxes, etc. Citizens’ settlements with local governments should be made in a similar manner.
Preference for non-cash repayment of liabilities to local governments and non-cash settlement of local
authorities with citizens are areas that can and should be regulated by appropriate legislative
initiatives. Their importance to promote safe non-cash settlements cannot be overstated.
Without appropriate action by the government, developing non-cash payments and providing the
appropriate infrastructure will be significantly impeded. Without that, it will be impossible to reduce
the cost of cash handling and eliminate the gray zone.
Proposed scope and schedule of implementing Action 3.5:
Item Activities Recipient of the recommendation
1. Identifying payment types, where introducing the obligation to
pay in non-cash form would be socially and economically
justified
Local governments and their
associations and local government
units
2. Verifying compliance of an introduction of the obligation to
make payments in non-cash form with applicable provisions
Local governments and their
associations
3. Preparing proposals of amendments to legal regulations Relevant ministries
Action 3.7: Actions aimed at developing the ATM network and other customer-operated
vending machines and their functionality
In addition to the development of traditional infrastructure to handle card payments, customer-
operated machines will also be important for the popularization of non-cash settlements. They will
allow users to have access to goods and services outside working hours of the establishments. The
most common financial self-operated device today is the ATM. The number of such devices per
million inhabitants in Poland is still significantly lower than in other European Union countries. One
should also pay attention to the increasingly widespread use of self-service machines in the daily life
of citizens, such as ticket distribution for public or railway transport. Appropriate action on the part of
government authorities can greatly assist this process. Implementing the recommendations of the
Payment System Council should also help achieving that goal; the Council will discuss the issue of
ATM fees, at the request of the Ministry of Finance, in 2014.
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Proposed scope and schedule of implementing Action 3.7:
Item Activities Recipient of the recommendation
1.
Implementing the recommendations of the Working Group for
ATM fees attached to the Payment System Council regarding
possible regulatory actions
Relevant ministries
Specific Objective 4 ‒ Ensuring security and effectiveness of electronic payment
instruments, expansion of their offer and development of innovative payment
instruments
Action 4.5: Providing technological neutrality of legal regulations concerning payments
The dynamic development of modern technologies results in significant changes in the area regulated
by law. Indicating specific technological solutions in the legislation of (e.g. electronic purses, etc.)
determines their use in the provision of payment services. Undoubtedly, this is a significant barrier to
the introduction of new services that could play an important role in popularizing modern payment
instruments, and thus influence the development of non-cash payments in Poland. The development of
technologies is also an increase in threats. Providing “technological neutrality” of the law will
facilitate and shorten the time needed to introduce measures ensuring a higher level of security. The
optimal course of action in order to ensure the expected popularisation of innovative payment services
is to define only basic requirements for technological solutions in the legislation. In the long term, this
will allow for the efficient adjustment of payment services offered to the expectations of customers
and therefore in increase the number of users and transactions carried out in non-cash form. To
achieve the above, it is necessary to review the provisions in identifying possible barriers to market
entry or provide payment services resulting from the imposition by the legal provision of certain
technological solutions in this regard. The natural consequence is the need to develop good practices
and appropriate procedures to avoid the introduction of legislation regarding payment provisions that
impose technological solutions.
Implementation of these measures will be possible through effective exploitation of the potential of
experience and technical knowledge of industry circles and specialized units in the process of creating
new legislation. It should be borne in mind that not only a referral for an opinion within the framework
of public consultation of draft regulations should be done. It is essential to thoroughly examine the
comments, and in the case of their subtraction, the reasons for that decision. Such an approach, while
respecting the principles of dialogue, provides a better quality of law, and thus more dynamic
development in the area of payment services. Such a dialogue will result in a better understanding of
each other's positions and finding most effective and safe solutions. Therefore, from the perspective of
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the current situation, it is important to change the approach to public consultations of draft legislations
(broader consultation, a deeper analysis of the content of the comments and the reasons for rejection of
comments).
In the face of the entire area described above, the integral issue is the solution to the issue of electronic
identity and authentication. The problem is also important in the context of the draft Regulation of the
European Parliament and of the Council on electronic identification and trust services with respect to
electronic transactions in the internal market (e-IDAS). The implementation of a coherent and
comprehensive solution for e-identity and authentication is an important factor for the development of
modern and user-friendly payment services. Not only will it facilitate the relationship between citizens
and public institutions, but also will give a new impulse for the development of payment services. The
principal advantage will be the introduction of a uniform standard for the confirmation of the client’s
e-identity. Cooperation with entities or institutions with appropriate knowledge and experience is
important to achieve effective solutions in terms of technology and cost-effectiveness in this respect.
For effective implementation and popularisation of innovative payment services is necessary to
provide access to Internet. Therefore, an important complementary activity is to increase the
percentage of households having access to broadband Internet. It is so, because it guarantees the
availability of modern payment services to potential users. In should be remembered that the data
communication network is an important channel for operating modern payment services.
The above mentioned activities should be treated as a coherent and correlated set of actions aimed at
ensuring the security and effectiveness of electronic payment instruments, broadening their offer and
developing innovative payment instruments. Well written law created in dialogue with entities having
the necessary knowledge and experience, and addressing the issue of e-identity and authentication are
the conditions that, when fulfilled, will effectively achieve the objective.
Proposed scope and schedule of implementing Action 4.5:
Item Activities Recipient of the
recommendation
1. Performing a review of regulations for identification of possible
barriers of entry to the market or provision of payment services
resulting from the imposition by the legal provision of certain
technological solutions in this regard
Relevant ministries responsible
for individual legal acts, with
the substantive support of
NBP/ZBP
2. Avoiding the introduction of provisions enforcing technological
solutions into payment regulation legislation
Relevant ministries
3. Improving the process of public consultations considering draft
legislation (broader scope of consultations, deeper analysis of the
comments provided and stating reasons for comment rejection).
Relevant ministries
4. Resolving the issue of electronic identity and authorization
MAiC
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Specific Objective 5 ‒ Increasing competitiveness on the payment and settlement
services market
Action 5.1: Supporting innovative payment schemes aimed at the development of non-
cash payments and competition in the payments market
The necessary condition for the development of non-cash payments is to establish a framework for
competitiveness and stimulate in in the payment services and clearing market, which will provide
optimal selection of payment services to users (consumers and acceptors), as the resultant of quality,
including added value and price. The mere availability of innovative technology and the freedom of
choice of infrastructure solutions is not sufficient for the operation of a fully competitive, yet effective
and consistent market, because the multiplicity of possible solutions does not guarantee by definition
the optimal adaptation of solutions to the needs of users, nor does it guarantee the popularisation to the
extent that will provide a significant contribution to the increase in non-cash payments.
The specificity of payment and settlement services exceeds by its nature beyond purely commercial
activity, acting as a bloodstream of economic turnover subject to specific conditions combining
convenience, availability and security of transferred funds of users of these services – consumers,
businesses, institutions, parties to payment transactions. The crucial importance of these services to the
economy whilst ensuring competitiveness was reflected in EU legislation transposed to regulations of
Member States, including Poland (Act on Payment Services). The competence of regulators,
government institutions, legislative and supervisory bodies include the possibility of actively
influencing the market of the aforementioned services in its scope, through the possibility of creating
legal and economic conditions conducive to competition, innovation and interoperability while
maintaining the security and integrity from a systemic perspective.
In this context, it will be important to use the synergy trend visible not only in financial services,
combining the competence of bodies specialized in the sphere of the so-called new technologies and
the creation of added value that goes beyond the realm of payment services and the market potential of
entities that hitherto created payment services, including their existing, modern and scalable
infrastructure ready to support innovative solutions.
The openness of the payment and settlement services market for business entities to provide freedom
of development, competition and implementation of innovative solutions, created in collaboration with
technology providers would be supported in a manner appropriate to the role and powers of the entities
listed below, through taking the following specific initiatives and activities of a continuous character.,
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One of the most important issues among them is the matter of supporting the building of the incubator
of innovation in the payments industry.
Proposed scope and schedule of implementing Action 5.1:
Item Activities Recipient of the
recommendation
1. Creating legislation supporting competition on the payments
market
Relevant ministries
2. Improving the licensing process
KNF
3. Studying the market for the emergence of innovative projects and
evaluating their potential
UOKiK, UKE
4. Considering the possibility of financial support of chosen
products from the payment area and the infrastructure in this area
BGK, MRR, NCF, NSC, PARP,
MG, Polish Investments for
Development S.A.
5. Supporting the initiative to build an incubator of innovation and
an entity responsible for lease-up of payment projects
MNiSW, PARP
Action 5.2: Supporting the creation of a pro-innovative and competitive Polish payment
ecosystem – a platform of cooperation of all entities involved in payments
The recommended actions listed above in different areas of regulation and of stimulating the
development of payment services would not only promote economic growth based on modern, non-
cash payment and clearing services, but also shape the market to ensure its effectiveness, integrity, and
so-called interoperability, encouraging on the one hand to implementing innovative solutions by
existing and new market entrants, on the other hand preventing its proliferation and niche nature.
Therefore, it is reasonable to simultaneously promote the development of coherent solutions in the
field of user experience on how to conclude and authorize transactions and potentially enabling the
exchange of data on the user verification process and settlement of transactions (that is, verification of
the identity of the client, his payment account number) between the participants of the payment system
on the market, where they compete with each other primarily in the areas of added value, whilst
cooperating in the field of data exchange standards and security.
Proposed scope and schedule of implementing Action 5.2:
Item Activities Recipient of the
recommendation
1. Supporting the initiatives to create new payment systems Relevant ministries
2. Considering the possibility to regulate the method of assigning
payment account numbers by payment institutions
MF