2002

• The Government of Romania – adopts O.U.G. no. 193 of 2002 regarding the mandatory introduction of modern means of payment to public utility service providers, public institutions, as well as traders with an annual turnover of more than 100,000 euros.

2016

• The Romanian Parliament – adopts Law no. 209 of 2016 (cash back law) to amend O.U.G. no. 193/2002 on the introduction of modern means of payment – Lowers the turnover threshold for merchants obliged to accept bank cards for payment from 100,000 euros to 10,000 euros. It also introduces the option of cash advance (cash back).

2017

• The Parliament of Romania – Project to amend Law no. 209/2016 the main object of the draft law is to raise the turnover threshold of merchants who are obliged to accept card payment from 10,000 euros to 50,000 euros.

Law 209 from 2016 represents the natural continuation of O.U.G. 193 from 2002 on the introduction of modern means of payment, a normative act that for the first time introduced the obligation of public utility service providers, public institutions and merchants with a turnover of more than 100,000 euros to accept card payments.

Initially thought of as a measure to reduce the financial blockage that manifested itself in the 2000s in the economic climate in Romania, the expansion of the electronic payment infrastructure demonstrated its positive effects both in terms of reducing the untaxed economy and by increasing the traceability of the monetary mass.

IN RELATION TO MEMBERS, PROJECT PARTNERS AND AUTHORITIES:

• to consolidate the point of view of the industry regarding the provisions of the law and its application rules, in order to present it to the authorities with attributions on the side of implementation;

• to inform the members of the association about the evolution of the legislative process and the implementation calendar;
• to ensure a high level of information among members regarding the provisions of the law;
• to assist members in the implementation process of the law;
• monitor market developments in the implementation process and make available to members its observations;
• to act to protect the interests of association members in case of inconsistencies in the legislative process;
• to support law enforcement authorities with all the information necessary for a good understanding of the realities of the industry;

THE REDUCTION OF SOME SYSTEMIC IMBALANCES

The measures implemented in the early 2000s by the Government and the National Bank of Romania helped Romania to overcome the financial blockade it was facing. The economic climate was characterized in the period 2002-2015 by the expansion of the electronic payment infrastructure and the dissemination in the market of over 10 million cards. The in-depth study of this climate highlighted, however, the deepening of the imbalances between urban and rural areas from the perspective of the population’s access to modern financial means and instruments. Law 209 from 2016 was intended to reconnect the rural environment to the urban environment in terms of electronic payments, by expanding the network of POS terminals and giving cardholders the possibility to use modern payment instruments in rural areas as well. (supporting note)

IN COLLABORATION WITH:

• The National Bank of Romania (BNR)
• Romanian Association of Banks (ARB)

FORMS OF THE LAW:

• O.U.G. no. 193 from 2002
  
  • Initial Norms
• O.U.G. 193 from 2002 updated to 31.08.2013
• O.U.G. 193 from 2002 updated to 12.04.2016
• Legea 209 from 2016 entered into force at 1 January 2017
  
  • Draft Revised Norms
  • Application rules January 2018
• Bill amending the Law 209 from 2016
  
  • Statement of reasons