EN ECB-PUBLIC  
 
OPINION OF THE EUROPEAN CENTRAL BANK 
of 11 July 2017 
on limitation of cash payments 
(CON/2017/27) 
 
Introduction and legal basis 
On 27 June 2017 the European Central Bank (ECB) received a request from the Bulgarian Ministry of 
Finance for an opinion on a draft amendment to the law on limitation of cash payments (hereinafter the 
‘draft law’). 
The ECB’s competence to deliver an opinion is based on Articles 127(4) and 282(5) of the Treaty on the 
Functioning of the European Union and the second indent of Article 2(1) of Council Decision 98/415/EC1, 
as the draft law relates to means of payment. In accordance with the first sentence of Article 17.5 of the 
Rules of Procedure of the European Central Bank, the Governing Council has adopted this opinion. 
 
1. Purpose of the draft law 
1.1 The draft law seeks to gradually decrease the maximum limit for cash payments in Bulgaria from 
the current limit of BGN 10 000 to BGN 1 000 by 2019. The same maximum limit would apply to the 
payment of instalments in performance of a contract ual obligation where the total amount is above 
the maximum limit. 
1.2 As in the currently applicable law, the maximum limit would apply both to payments in BGN, as well 
as payments in foreign currencies which are of equivalent amounts. 
1.3 In the explanatory memorandum accompanying the draft law the consulting authority explains that 
the draft law is in line with the Government’s objectives to reduce the shadow economy and perceives that this is in conformity with the curr ent practice in other Member States. The consulting 
authority also explains that the draft law will help reduce the possibility of concealing accounting 
information concerning revenue generated by the sale of goods and services, and paid salaries 
and wages for which no taxes and social security contributions are deducted. 
 
2. Observations 
2.1 The ECB notes that Bulgaria is a Member State with a derogation pursuant to Article 139 of the 
Treaty, and has obligations regarding the achiev ement of economic and monetary union pursuant 
to Article 140 of the Treaty. Against this backdrop, the ECB has prepared an assessment of the 
                                                 
1  Council Decision 98/415/EC of 29 June 1998 on the consultation of the European Central Bank by national 
authorities regarding draft legislative provisions (OJ L 189, 3.7.1998, p. 42). 
ECB-PUBLIC  
2 draft law’s provisions against relevant practices in the euro area, in particular the legal 
requirements for the euro and the legal tender status of euro banknotes2.  
2.2 Under the Treaty, the European System of Central Banks (ESCB) is required to act, inter alia, in 
accordance with the principle of an open market economy with free competition, favouring an efficient allocation of resources
3. The ESCB has the basic task of promoting the smooth operation 
of payment systems4, and the ECB has the exclusive right to authorise the issue of euro banknotes 
within the Union5. The euro banknotes issued by the ECB and the national central banks of the 
euro area shall be the only banknotes to have the status of legal tender status within the euro 
area6. 
2.3 The Commission Recommendation of 22 March 2 010 on the scope and effects of legal tender of 
euro banknotes and coins7 (hereinafter the ‘Commission Recommendation’) states that the 
acceptance of payments in cash should be the rule, but acknowledges that cash may be refused 
for reasons related to the ‘good faith principle’, without this constituting a breach of the legal tender 
status of cash. Neither Union law nor the Commission Recommendation explicitly address whether, nor to what extent, it may be permissible to introduce a more general limitation to the obligation to 
accept euro cash payments. Therefore, Union law must be interpreted in order to ascertain the conditions that a limitation on payments in eur o notes and coins should fulfil, including the 
conditions that should be fulfilled to comply wi th the legal tender stat us of euro banknotes and 
coins when general limitations to the obligation to accept cash payments are introduced
8. 
2.4 Recital 19 of Council Regulation (EC) No 974/989, which states that ‘limitations on payments in 
notes and coins, established by Member States for public reasons, are not incompatible with the status of legal tender of euro banknotes and coins, provided that other lawful means for the 
settlement of monetary debts are available’
10, has been taken into account in previous ECB 
opinions considering the introduction of cash limitations under draft national laws. While other 
lawful means for the settlement of monetary debts, which ensure similar benefits to those of cash, are available in Bulgaria for business involving transactions with consumers, their general 
availability to all parts of society, at comparable costs as cash, should be closely verified by the 
consulting authority. 
2.5 In this respect, Directive 2014/92/EU of the European Parliament and of the Council
11 has made it 
easier for Union citizens to obtain payment accounts and related electronic payment services as 
                                                 
2  See paragraph 2.1 of Opinion CON/2017/8 and paragraph 2.1 of Opinion CON/2010/79. All ECB opinions are 
published on the ECB’s website at www.ecb.europa.eu 
3  See Article 127(1) of the Treaty and Article 2 of the Statute of the European System of Central Banks and of the 
European Central Bank (hereinafter the ‘Statute of the ESCB’). 
4  Article 127(2) of the Treaty and Article 3.1 of the Statute of the ESCB. 
5  Article 128(1), first sentence of the Treaty and Article 16, first sentence of the Statute of the ESCB. 
6  Article 128(1), third sentence of the Treaty and Article 16, third sentence of the Statute of the ESCB. 7  OJ L 83, 30.3.2010, p. 70. 
8  See paragraph 2.1 of Opinion CON/2017/18 and paragraph 3.1 of Opinion CON/2017/20. 
9  Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (OJ L 139, 11.5.1998, p. 1). 
10  See, for example, Opinions CON/2013/18, CON/2014/4 and CON/2014/37.  
11  Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees 
related to payment accounts, payment account switching and access to payment accounts with basic features 
(OJ L 257, 28.8.2014, p. 214). 
ECB-PUBLIC  
3 alternatives to cash12. In Bulgaria the law on payment services and payment systems aims to 
create the conditions for making a minimum set of banking services accessible to all citizens. However, such banking services and electronic payment services offered by commercial entities 
may be subject to charges. 
2.6 The ECB acknowledges that the  draft law’s objectives of limiting the share of the shadow economy 
and combating tax evasion might, in general, constitute ‘public reasons’ justifying the establishment 
of limitations on cash payments. However, any li mitation needs to comply with the legal tender 
status of euro banknotes. Therefore, it would need to be demonstrated that the proposed cash 
payment limitations affecting the legal tender status of euro banknotes would be effective as regards the achievement of the public objectives that are being legitimately pursued by the 
limitations. Hence, there should be clear evidence that such limitations are likely, in fact, to achieve the stated public goal of reducing the size of the shadow economy and combating tax evasion. 
2.7 Limitations on cash payments should also be proportionate to the objectives pursued and should 
not go beyond what is necessary to achieve such objectives, especially in view of the fact that the measures set out in the draft law affect transactions between natural persons and involve 
payments for relatively small amounts. Any negative impact of the proposed limitations should therefore be carefully weighed against the anticipated public benefits. When considering whether a 
limitation is proportionate, the adverse impact of the limitation in question should always be 
considered, as well as whether alternative measures could be adopted that would fulfil the relevant 
objective and have a less adverse impact
13. Cashless means of payments that provide similar 
advantages as payments in cash are currently not available for transactions between private persons.  
2.8 Furthermore, it should be borne in mind that the ability to pay in cash remains particularly important 
for certain groups in society that, for various legitimate reasons, prefer to use cash rather than 
other payment instruments. Cash is generally also  appreciated as a payment instrument because it 
is, as legal tender, widely accepted, fast and facilitates control over the payer’s spending. 
Moreover, it is still the only means of payment that allows citizens to instantly settle a transaction in 
central bank money and at face value, without the legal possibility to impose a fee for the use of 
this means of payment. Additionally, cash payment s facilitate the inclusion of the entire population 
in the economy by allowing it to settle any kind of financial transaction in this way.  
2.9 Establishing a cash limit for all transactions between private individuals (as opposed to only sector-
specific cash limitations over taxable transactions) does not mitigate the risk of tax evasion as in many circumstances such transactions are not taxable. Instead, it only makes it more difficult to 
settle legitimate private transactions using cash as a means of payment, thus endangering the 
concept of legal tender enshrined in the Treaty.  
                                                 
12  Within the framework previously created by Directive 2 007/64/EC of the European Parliament and of the Council of 
13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 
2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC (OJ L 319, 5.12.2007, p. 1), which introduced the legal 
basis for the creation of an internal market for payments within the Union and allowed for the creation of the Single 
Euro Payments Area (SEPA). 
13  See, for example, paragraph 2.3 of Opinion CON/2014/4, paragraph 2.3 of Opinion CON/2014/37 and paragraphs 
2.6 and 2.7 of Opinion CON/2017/8. 
ECB-PUBLIC  
4 2.10 In particular, the decreasing limits on cash payments proposed by the draft law need to take into 
account the advantages of having limits on cash payments in place and the potential inconvenience thereof for citizens’ regular transactions in certain market segments. Setting the 
limitation at these levels may make it difficult to implement the limit in practice. In this regard, it 
should be noted that Directive (EU) 2015/849 of the European Parliament and of the Council
14, 
whilst confirming the vulnerability of large cash payments to money laundering and terrorist 
financing, nevertheless applied cust omer due diligence measures to cash payments of EUR 10 000 
or more. This implies that the draft law should establish a proportionate threshold for limits to cash 
payments, taking into account the objectives of such limits. 
2.11 Against this background, the ECB considers the lowering of the limit on cash payments to BGN 
1000 (approximately EUR 500) by the 1st of January 2019 as disproportionate, in the light of the 
potentially adverse impact on the cash payment system. In case the legislator wishes to pursue the 
proposed cash payment limitations a higher th reshold should be chosen and a degree of flexibility 
should be introduced in the draft laws by, for example, allowing the delivery and receipt of cash payments for compelling reasons or for reasons that are outside the individual’s control
15, such as 
where no payment service provider is available at the place or time of the payment. It might also be advisable to allow cash transactions above the defined thresholds as long as the parties are able to 
ensure that the payment is traceable by identifying the amount, the reason for the transaction and 
the parties involved. 
 
This opinion will be published on the ECB’s website.  
 Done at Frankfurt am Main, 11 July 2017. 
 
[signed]  
The President of the ECB Mario DRAGHI 
                                                 
14  Directive (EU) 2015/849 of the European Parliament and of the Council of 29 May 2015 on the prevention of the use 
of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 
648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73). 
15  See Opinions CON/2013/18 and CON/2014/37.