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What it is

New rules for ATM cash withdrawal fees

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 5 October 2015. Introduced by: Gobierno.

Official title: Royal Decree-Law 11/2015, of October 2, to regulate commissions for cash withdrawals at automatic teller machines.

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Source: Congreso de los Diputados, file 130/000075· updated 11 Nov

Automatic summary, not yet reviewed

  1. The owner of the ATM cannot charge the user anything for withdrawing cash, but it can charge a fee to the bank that issued the card. If the banks do not agree, the fee must be the same nationwide, non-discriminatory, and can only be reviewed once a year.
  2. For debit withdrawals, the card-issuing bank can pass on to the customer at most the fee it paid to the ATM owner, with no extras. For credit withdrawals it may apply an extra amount, but only a limited one.
  3. Before a debit withdrawal, the ATM must disclose the fee and get the user's consent. Banks must also report interbank fees to the Bank of Spain. Breaking these rules is a serious or minor offense.
  4. The National Markets and Competition Commission will issue an annual report on fee agreements. Banks had to adapt by January 1, 2016, the Bank of Spain had two months to develop the rules, and the law took effect upon publication in the official gazette.

Who it affects

  • ATM users: No longer pay a double fee for debit withdrawals and must be informed before withdrawing.
  • Banks that own ATMs: Cannot charge the user, only the card-issuing bank, and must report their fees to the Bank of Spain.
  • Card-issuing banks: Pay the fee to the ATM owner and can pass on only a limited amount to the customer.
  • Bank of Spain: Receives fee information and develops the implementing rules.
  • National Markets and Competition Commission: Prepares an annual report on fee agreements.

Words worth knowing

Entidad emisora
The bank that issues your card.
Entidad titular del cajero
The bank that owns the ATM.
Retirada a débito
Withdrawing money taken directly from your account.
Retirada a crédito
Withdrawing money charged as a loan, for example with a credit card.
Real decreto-ley
A rule with the force of law that the Government can pass on an urgent basis.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced5 October 2015Someone registers the text in the Congreso.
  2. Admitted13 October 2015The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary13 October 2015All 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Oct 201511. 5 October 2015: Presentación22. 13 October 2015: Calificación33. 13 October 2015: Pleno Convalidación desde 13/10/2015 hasta 14/10/201544. 14 October 2015: Concluido - (Convalidado) desde 14/10/2015 hasta 22/10/2015

14 October 2015

How did the plenary vote?

More votes against 122 yes · 167 no · 1 abst.

Voted on: Processing as a Government bill by urgent procedure of Royal Decree-Law 11/2015, of October 2, to regulate commissions for cash withdrawals at automatic teller machines.

This law had 2 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 2 of sitting 291· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Socialista, Vasco (EAJ-PNV), Mixto, GC-CiU, GIP and GUPyD. Against, most of Popular en el Congreso. 9 deputies voted differently from their group.

By province: in 8 most voted in favour; in 33, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 8
  • Against: 33
  • Abstained: 1
  • Tie: 10
Result by parliamentary group
GroupSeatsHow it voted
Socialista110
91 in favour · 19 did not vote
Vasco (EAJ-PNV)5
2 in favour · 3 did not vote
Mixto18
7 in favour · 1 against · 10 did not vote
GC-CiU16
9 in favour · 5 against · 2 did not vote
GIP11
8 in favour · 1 against · 2 did not vote
GUPyD5
4 in favour · 1 did not vote
Popular en el Congreso185
1 in favour · 160 against · 1 abst. · 23 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Royal Decree-Law 11/2015, of October 2, regulating commissions for cash withdrawals at automated teller machines.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

Read the full method · Report an error