02003O0005 — EN — 15.12.2020 — 002.001
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GUIDELINE OF THE EUROPEAN CENTRAL BANK of 20 March 2003 on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes (ECB/2003/5) (OJ L 078 25.3.2003, p. 20) |
Amended by:
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Official Journal |
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No |
page |
date |
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L 118 |
43 |
30.4.2013 |
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GUIDELINE (EU) 2020/2091 OF THE EUROPEAN CENTRAL BANK of 4 December 2020 |
L 423 |
65 |
15.12.2020 |
GUIDELINE OF THE EUROPEAN CENTRAL BANK
of 20 March 2003
on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes
(ECB/2003/5)
(2003/206/EC)
Article 1
Definitions
For the purposes of this Guideline:
a ‘non-compliant reproduction’ means any reproduction referred to in Article 2(1) of Decision ECB/2013/10 of the European Central Bank ( 1 ) that:
does not comply with the criteria set out in Article 2(3) of Decision ECB/2013/10 and is not exempted by the ECB or the relevant NCB under Article 2(5) of Decision ECB/2013/10; or
infringes the ECB’s copyright on euro banknotes for instance by adversely affecting the standing of euro banknotes;
a ‘non-compliant activity’ means the production, possession, transportation, dissemination, selling, promotion, import into the Union and use or attempted use for transactions of non-compliant reproductions.
Article 2
Enforcement of measures to counter non-compliant activities
The ECB shall take the steps described in this Article acting on its own if:
the origin of the non-compliant activity cannot reasonably be established; or
the non-compliant activity has been or will be engaged in within the territories of several participating Member States; or
the non-compliant activity has been or will be engaged in outside the territories of the participating Member States.
Article 3
Requests for an exemption for reproductions
All requests for an exemption in accordance with Article 2(5) of Decision ECB/2013/10 shall be dealt with:
by the respective NCB, on the ECB’s behalf, if the reproductions have only been or will only be produced in the territory of its Member State; or
by the ECB in all other cases described in Article 2(5) of Decision ECB/2013/10.
Article 4
Exchange of damaged euro banknotes
Article 5
Withdrawal of euro banknotes
The NCBs shall announce any decision of the Governing Council to withdraw an euro banknote type or series in the national media at their own expense in accordance with any instructions that may be issued by the Executive Board.
Article 6
Amendments to Guideline ECB/1999/3
Articles 1, 2 and 4 of Guideline ECB/1999/3 are hereby repealed. References to the repealed Articles shall be construed respectively as references to Articles 2, 4 and 5 of this Guideline.
Article 7
Final provisions
( 1 ) Decision ECB/2013/10 of 19 April 2013 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (OJ L 118, 30.4.2013, p. 37).
( 2 ) Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions (OJ L 318, 27.11.1998, p. 4).
( 3 ) OJ L 118, 30.4.2013, p. 37.