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Document 02001R1338-20090123
Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting
Consolidated text: Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting
Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting
02001R1338 — EN — 23.01.2009 — 001.003
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COUNCIL REGULATION (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 181 4.7.2001, p. 6) |
Amended by:
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L 17 |
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22.1.2009 |
Corrected by:
COUNCIL REGULATION (EC) No 1338/2001
of 28 June 2001
laying down measures necessary for the protection of the euro against counterfeiting
CHAPTER 1
PURPOSE AND DEFINITIONS
Article 1
Purpose
For the purpose of applying this Regulation, ‘counterfeiting’ shall mean the following activities:
any fraudulent making or altering of euro notes or euro coins, whatever means are employed;
the fraudulent uttering of counterfeit euro notes or counterfeit euro coins;
the import, export, transport, receiving or obtaining of counterfeit euro notes or counterfeit euro coins with a view to uttering the same and with knowledge that they are counterfeit;
the fraudulent making, receiving, obtaining or possession of:
Article 2
Definitions
Within the meaning of this Regulation:
‘counterfeit notes’ and ‘counterfeit coins’ shall mean notes and coins denominated in euro or which have the appearance of euro notes or coins and which have been fraudulently made or altered;
‘competent national authorities’ shall mean the authorities designated by the Member States for:
‘credit institutions’ shall mean the credit institutions referred to in Article 4(1)(a) of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions ( 9 );
‘technical and statistical data’ shall mean data by means of which counterfeit notes or counterfeit coins may be identified (technical description of type of counterfeit) and data on the number of counterfeit notes and counterfeit coins by their origin, in particular geographical;
‘Geneva Convention’ shall mean the International Convention for the Suppression of Counterfeiting Currency, signed at Geneva on 20 April 1929 ( 10 );
‘Europol Convention’ shall mean the Convention of 26 July 1995 on the establishment of Europol ( 11 );
‘payment service providers’ shall mean the payment service providers referred to in Article 1(1) of Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market ( 12 ).
CHAPTER 2
TECHNICAL AND STATISTICAL DATA
Article 3
Gathering and access
Article 4
►M1 Obligation to transmit counterfeit notes ◄
Article 5
►M1 Obligation to transmit counterfeit coins ◄
CHAPTER 3
OBLIGATIONS AND SANCTIONS
Article 6
►M1 Obligations relating to credit institutions engaged in the processing and distribution to the public of notes and coins ◄
Credit institutions, and, within the limits of their payment activity, other payment service providers, and any other institutions engaged in the processing and distribution to the public of notes and coins, including:
shall be obliged to ensure that euro notes and coins which they have received and which they intend to put back into circulation are checked for authenticity and that counterfeits are detected.
For euro notes, this check shall be carried out in line with procedures defined by the ECB ►C1 ( 13 ). ◄
The institutions and economic agents referred to in the first subparagraph shall be obliged to withdraw from circulation all euro notes and coins received by them which they know or have sufficient reason to believe to be counterfeit. They shall immediately hand them over to the competent national authorities.
By way of derogation from the second subparagraph of paragraph 1, in Member States that do not have the euro as their single currency, checks on the authenticity of euro notes and coins shall be carried out:
CHAPTER 4
COOPERATION AND MUTUAL ASSISTANCE
Article 7
Cooperation to protect the euro against counterfeiting
In particular, the competent national authorities, the Commission and the European Central Bank, in the performance of their respective tasks, shall cooperate in:
Article 8
Centralisation of information at national level
Article 9
External relations
CHAPTER 5
FINAL PROVISIONS
Article 10
Competent national authorities
Article 11
Unauthorised notes
As far as possible the provisions laid down in Articles 3, 4, 7, 8 and 9 shall apply to notes denominated in euro which have been produced with the use of lawful facilities or equipment in violation of the provisions in accordance with which the competent authorities may issue currency, or uttered in violation of the conditions in accordance with which the competent authorities may utter currency and without the consent of those authorities.
Article 12
Applicability
Articles 1 to 11 shall have effect in those Member States which have adopted the euro as their single currency.
Article 13
Entry into force
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.
It shall apply from 1 January 2002. However, it shall apply from the date of its publication to notes and coins which have not yet been issued but which it is intended to issue.
This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.
( 1 ) OJ C 337 E, 28.11.2000, p. 264.
( 2 ) Opinion delivered on 3 May 2001 (not yet published in the Official Journal).
( 3 ) OJ C 19, 20.1.2001, p. 18.
( 4 ) OJ L 139, 11.5.1998, p. 1. Regulation as last amended by Regulation (EC) No 2596/2000 (OJ L 300, 29.11.2000, p. 2.)
( 5 ) OJ C 316, 27.11.1995, p. 1.
( 6 ) OJ C 149, 28.5.1999, p. 16 and corrigendum in OJ C 229, 12.8.1999, p. 14.
( 7 ) OJ L 140, 14.6.2000, p. 1.
( 8 ) European Central Bank Guideline of 26 August 1998 on certain provisions regarding euro banknotes, as amended on 26 August 1999 (OJ L 258, 5.10.1999, p. 32).
( 9 ) OJ L 177, 30.6.2006, p. 1.
( 10 ) League of Nations Treaty Series No 2623 (1931), p. 372.
( 11 ) OJ C 316, 27.11.1995, p. 2.
( 12 ) OJ L 319, 5.12.2007, p. 1.
►C1 ( 13 ) See the framework for the detection of counterfeits and fitness sorting by credit institutions and other professional cash handlers, available on the ECB website at the following address: http://www.ecb.europa.eu/euro/cashprof/html/index.en.html ◄
►C1 ( 14 ) The list published by the ECB is available at the following address: http://www.ecb.europa.eu/euro/cashprof/html/index.en.html ◄
( 15 ) The list published by the Commission is available at the following address: http://ec.europa.eu/anti_fraud/pages_euro/euro-coins/machines.pdf