# CE2009286EN.01007601.xml

| 27.11.2009 | EN | Official Journal of the European Union | CE 286/76 |
| --- | --- | --- | --- |

27.11.2009

EN

Official Journal of the European Union

CE 286/76

---

Tuesday 17 June 2008Protection of the euro against counterfeiting *

P6_TA(2008)0280

European Parliament legislative resolution of 17 June 2008 on the proposal for a Council regulation amending Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting (COM(2007)0525 — C6-0431/2007 — 2007/0192(CNS))

2009/C 286 E/32

(Consultation procedure)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the Council (COM(2007)0525),

having regard to Article 123(4) of the EC Treaty, in particular the third sentence, pursuant to which the Council consulted Parliament (C6-0431/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0230/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS |
| --- | --- |
| Amendment 1 |
| Proposal for a regulation — amending act


  Recital 2 |
| (2) | It is important to ensure that circulating euro notes and coins are authentic. Procedures are now available which enable credit institutions and other related institutions to check authenticity of the euro notes and coins they receive before they put them back into circulation. In order to comply with the obligation to check authenticity and to implement those procedures, these institutions need time to adapt their internal functioning. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS

Amendment 1

Amendment 1

Proposal for a regulation — amending act

Proposal for a regulation — amending act

Recital 2

Recital 2

(2)

It is important to ensure that circulating euro notes and coins are authentic. Procedures are now available which enable credit institutions and other related institutions to check authenticity of the euro notes and coins they receive before they put them back into circulation. In order to comply with the obligation to check authenticity and to implement those procedures, these institutions need time to adapt their internal functioning.

| (2) | It is important to ensure that circulating euro notes and coins are authentic. Procedures are now available which enable credit institutions and other related institutions to check
  the
  authenticity
  and fitness for circulation
  of the euro notes and coins they receive before they put them back into circulation. In order to comply with the obligation to check authenticity
  and fitness for circulation,
  and to implement those procedures, these institutions need time to adapt their internal functioning. |
| --- | --- |

(2)

It is important to ensure that circulating euro notes and coins are authentic. Procedures are now available which enable credit institutions and other related institutions to check
  the
  authenticity
  and fitness for circulation
  of the euro notes and coins they receive before they put them back into circulation. In order to comply with the obligation to check authenticity
  and fitness for circulation,
  and to implement those procedures, these institutions need time to adapt their internal functioning.

the

and fitness for circulation

and fitness for circulation,

Amendment 2

Amendment 2

Proposal for a regulation — amending act

Proposal for a regulation — amending act

Recital 2a (new)

Recital 2a (new)

| (2a) | Small and medium-sized traders lack sufficient resources to carry out checks in accordance with the procedures laid down by the European Central Bank and by the Commission. They should be required to act with due diligence by withdrawing from circulation any euro notes and coins received by them which they know or have sufficient reason to believe to be counterfeit. |
| --- | --- |

(2a)

(2a)

Small and medium-sized traders lack sufficient resources to carry out checks in accordance with the procedures laid down by the European Central Bank and by the Commission. They should be required to act with due diligence by withdrawing from circulation any euro notes and coins received by them which they know or have sufficient reason to believe to be counterfeit.

Amendment 3

Amendment 3

Proposal for a regulation — amending act

Proposal for a regulation — amending act

Recital 2b (new)

Recital 2b (new)

| (2b) | In order to ensure that credit institutions and other related institutions are able to comply with the obligation to check euro notes and coins for authenticity and fitness for circulation, technical procedures and standards for such checking should be defined. Article 106(1) of the EC Treaty assigns competence to define such standards for euro notes to the European Central Bank. With regard to euro coins, related competences have been conferred on the Commission pursuant to Article 211 of the EC Treaty. |
| --- | --- |

(2b)

(2b)

In order to ensure that credit institutions and other related institutions are able to comply with the obligation to check euro notes and coins for authenticity and fitness for circulation, technical procedures and standards for such checking should be defined. Article 106(1) of the EC Treaty assigns competence to define such standards for euro notes to the European Central Bank. With regard to euro coins, related competences have been conferred on the Commission pursuant to Article 211 of the EC Treaty.

Amendment 4

Amendment 4

Proposal for a regulation — amending act

Proposal for a regulation — amending act

Recital 3

Recital 3

| (3) | Appropriate adjustment of equipment is a prerequisite for checking the authenticity of euro notes and coins. In order to adjust the equipment used for the checks for authenticity it is essential that the necessary quantities of counterfeit notes and coins are available at the places where testing is conducted. It is, therefore,
  important
  to permit the transport of counterfeits amongst competent national authorities as well as institutions and bodies of the European Union. |
| --- | --- |

(3)

Appropriate adjustment of equipment is a prerequisite for checking the authenticity of euro notes and coins. In order to adjust the equipment used for the checks for authenticity it is essential that the necessary quantities of counterfeit notes and coins are available at the places where testing is conducted. It is, therefore,
  important
  to permit the transport of counterfeits amongst competent national authorities as well as institutions and bodies of the European Union.

important

| (3) | Appropriate adjustment of equipment is a prerequisite for checking the authenticity of euro notes and coins. In order to adjust the equipment used for the checks for authenticity it is essential that the necessary quantities of counterfeit notes and coins are available at the places where testing is conducted. It is, therefore,
  necessary
  to permit the
  delivery and
  transport of counterfeits amongst competent national authorities as well as institutions and bodies of the European Union. |
| --- | --- |

(3)

Appropriate adjustment of equipment is a prerequisite for checking the authenticity of euro notes and coins. In order to adjust the equipment used for the checks for authenticity it is essential that the necessary quantities of counterfeit notes and coins are available at the places where testing is conducted. It is, therefore,
  necessary
  to permit the
  delivery and
  transport of counterfeits amongst competent national authorities as well as institutions and bodies of the European Union.

necessary

delivery and

Amendment 5

Amendment 5

Proposal for a regulation — amending act

Proposal for a regulation — amending act

Recital 3a (new)

Recital 3a (new)

| (3a) | The authenticity of euros must be guaranteed throughout the European Union, including in those Member States which do not belong to the euro area and those in which euros are used as a transaction currency. |
| --- | --- |

(3a)

(3a)

The authenticity of euros must be guaranteed throughout the European Union, including in those Member States which do not belong to the euro area and those in which euros are used as a transaction currency.

Amendment 6

Amendment 6

Proposal for a regulation — amending act

Proposal for a regulation — amending act

Article 1 — point - 1 (new)

Article 1 — point - 1 (new)

Regulation (EC) No 1338/2001

Regulation (EC) No 1338/2001

Article 2 — point da (new)

Article 2 — point da (new)

| - 1. | The following point shall be inserted in Article 2:









  (da) | ‘other institutions’ shall mean any economic institutions or agents engaged in the sorting and distribution to the public of euro notes and coins, either directly or via cash distribution machines; this definition shall include bureaux de change, large shopping centres and casinos; |
| --- | --- | --- |

- 1.

- 1.

The following point shall be inserted in Article 2:

(da)

(da)

‘other institutions’ shall mean any economic institutions or agents engaged in the sorting and distribution to the public of euro notes and coins, either directly or via cash distribution machines; this definition shall include bureaux de change, large shopping centres and casinos;

‘other institutions’ shall mean any economic institutions or agents engaged in the sorting and distribution to the public of euro notes and coins, either directly or via cash distribution machines; this definition shall include bureaux de change, large shopping centres and casinos;

Amendment 7

Amendment 7

Proposal for a regulation — amending act

Proposal for a regulation — amending act

Article 1 — point - 1a (new)

Article 1 — point - 1a (new)

Regulation (EC) No 1338/2001

Regulation (EC) No 1338/2001

Article 2 — point db (new)

Article 2 — point db (new)

| - 1a. | The following point shall be inserted in Article 2:









  (db) | ‘small and medium-sized trader’ shall mean a retailer operating on small or medium-sized premises and serving the end consumer who is not involved in the sorting and distribution to the public of euro notes and coins other than in the routine handing-over of change; |
| --- | --- | --- |

- 1a.

- 1a.

The following point shall be inserted in Article 2:

(db)

(db)

‘small and medium-sized trader’ shall mean a retailer operating on small or medium-sized premises and serving the end consumer who is not involved in the sorting and distribution to the public of euro notes and coins other than in the routine handing-over of change;

‘small and medium-sized trader’ shall mean a retailer operating on small or medium-sized premises and serving the end consumer who is not involved in the sorting and distribution to the public of euro notes and coins other than in the routine handing-over of change;

Amendment 8

Amendment 8

Proposal for a regulation — amending act

Proposal for a regulation — amending act

Article 1 — point 1 — point b

Article 1 — point 1 — point b

Regulation (EC) No 1338/2001

Regulation (EC) No 1338/2001

Article 4 — paragraph 2 — subparagraph 1a (new)

Article 4 — paragraph 2 — subparagraph 1a (new)

| (b) | at the end of paragraph 2 the following sentence is added:
  For the purpose of facilitating the control for authenticity of circulating euro notes, the transport
  of counterfeit notes
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted. |
| --- | --- |

(b)

at the end of paragraph 2 the following sentence is added:

at the end of

sentence

For the purpose of facilitating the control for authenticity of circulating euro notes, the transport
  of counterfeit notes
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.

of counterfeit notes

| (b) | in paragraph 2 the following subparagraph is added:
  For the purpose of facilitating the control for authenticity of circulating euro notes
  and when the quantity seized so permits, an adequate number of counterfeit euro notes (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies, and
  the transport
  thereof
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted. |
| --- | --- |

(b)

in paragraph 2 the following subparagraph is added:

in

subparagraph

For the purpose of facilitating the control for authenticity of circulating euro notes
  and when the quantity seized so permits, an adequate number of counterfeit euro notes (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies, and
  the transport
  thereof
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.

and when the quantity seized so permits, an adequate number of counterfeit euro notes (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies, and

thereof

Amendment 10

Amendment 10

Proposal for a regulation — amending act

Proposal for a regulation — amending act

Article 1 — point 2 — point b

Article 1 — point 2 — point b

Regulation (EC) No 1338/2001

Regulation (EC) No 1338/2001

Article 5 — paragraph 2 — subparagraph 2a (new)

Article 5 — paragraph 2 — subparagraph 2a (new)

| (b) | at the end of paragraph 2 the following sentence is added:
  For the purpose of facilitating the control for authenticity of circulating euro coins, the transport
  of counterfeit coins
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted. |
| --- | --- |

(b)

at the end of paragraph 2 the following sentence is added:

at the end of

sentence

For the purpose of facilitating the control for authenticity of circulating euro coins, the transport
  of counterfeit coins
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.

of counterfeit coins

| (b) | in paragraph 2 the following subparagraph is added:
  For the purpose of facilitating the control for authenticity of circulating euro coins
  and when the quantity seized so permits, an adequate number of counterfeit euro coins (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies, and
  the transport
  thereof
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted. |
| --- | --- |

(b)

in paragraph 2 the following subparagraph is added:

in

subparagraph

For the purpose of facilitating the control for authenticity of circulating euro coins
  and when the quantity seized so permits, an adequate number of counterfeit euro coins (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies, and
  the transport
  thereof
  amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.

and when the quantity seized so permits, an adequate number of counterfeit euro coins (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies, and

thereof

Amendment 11

Amendment 11

Proposal for a regulation — amending act

Proposal for a regulation — amending act

Article 1 — point 3 — point a

Article 1 — point 3 — point a

Regulation (EC) No 1338/2001

Regulation (EC) No 1338/2001

Article 6 — paragraph 1

Article 6 — paragraph 1

| 1. | Credit institutions, and any other
  institutions
  engaged in the sorting and distribution to the public of notes and coins
  as a professional activity,
  including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, 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 counterfeits are detected. This verification shall be carried out in line with procedures to be defined by the European Central Bank and the Commission for euro notes and coins respectively. |
| --- | --- |

1.

Credit institutions, and any other
  institutions
  engaged in the sorting and distribution to the public of notes and coins
  as a professional activity,
  including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, 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 counterfeits are detected. This verification shall be carried out in line with procedures to be defined by the European Central Bank and the Commission for euro notes and coins respectively.

institutions

as a professional activity,

| 1. | Credit institutions,
  cash transporters
  and any other
  economic agents
  engaged in the sorting and distribution to the public of notes and coins, including establishments whose
  professional
  activity consists in exchanging notes and coins of different currencies, such as bureaux de change,
  and economic agents engaged, as a subsidiary activity, in the sorting and distribution of notes to the public by means of automated teller machines,
  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 fitness for circulation
  and counterfeits are detected.
  Cash transporters shall be required to verify the authenticity of euro notes and coins only where they have direct access to the euro notes and coins which are entrusted to them.
  This verification
  of authenticity and fitness for circulation
  shall be carried out in line with procedures to be defined by the European Central Bank and the Commission for euro notes and coins respectively
  , in accordance with those institutions’ respective competences and taking into account the particular features of euro notes and coins
  .


  In those Member States other than the participating Member States listed in Regulation (EC) No 974/98, a specific control procedure shall be laid down for the purpose of checking the authenticity of euro notes and coins used by the institutions referred to in the first subparagraph. |
| --- | --- |

1.

Credit institutions,
  cash transporters
  and any other
  economic agents
  engaged in the sorting and distribution to the public of notes and coins, including establishments whose
  professional
  activity consists in exchanging notes and coins of different currencies, such as bureaux de change,
  and economic agents engaged, as a subsidiary activity, in the sorting and distribution of notes to the public by means of automated teller machines,
  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 fitness for circulation
  and counterfeits are detected.
  Cash transporters shall be required to verify the authenticity of euro notes and coins only where they have direct access to the euro notes and coins which are entrusted to them.
  This verification
  of authenticity and fitness for circulation
  shall be carried out in line with procedures to be defined by the European Central Bank and the Commission for euro notes and coins respectively
  , in accordance with those institutions’ respective competences and taking into account the particular features of euro notes and coins
  .

cash transporters

economic agents

professional

and economic agents engaged, as a subsidiary activity, in the sorting and distribution of notes to the public by means of automated teller machines,

and fitness for circulation

Cash transporters shall be required to verify the authenticity of euro notes and coins only where they have direct access to the euro notes and coins which are entrusted to them.

of authenticity and fitness for circulation

, in accordance with those institutions’ respective competences and taking into account the particular features of euro notes and coins

In those Member States other than the participating Member States listed in Regulation (EC) No 974/98, a specific control procedure shall be laid down for the purpose of checking the authenticity of euro notes and coins used by the institutions referred to in the first subparagraph.

In those Member States other than the participating Member States listed in Regulation (EC) No 974/98, a specific control procedure shall be laid down for the purpose of checking the authenticity of euro notes and coins used by the institutions referred to in the first subparagraph.

The institutions 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.

The
  credit
  institutions
  and other economic agents
  referred to in the first subparagraph
  and small and medium-sized traders
  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.

credit

and other economic agents

and small and medium-sized traders

Amendment 12

Amendment 12

Proposal for a regulation — amending act

Proposal for a regulation — amending act

Article 1 — point 3 — point b

Article 1 — point 3 — point b

Regulation (EC) No 1338/2001

Regulation (EC) No 1338/2001

Article 6 — paragraph 3

Article 6 — paragraph 3

By way of derogation from the first subparagraph of paragraph 3, the laws, regulations and administrative provisions for applying the first subparagraph of paragraph 1 of this Article shall be adopted by
  31 December 2009
  at the latest. They shall forthwith inform the Commission and the European Central Bank thereof.

31 December 2009

By way of derogation from the first subparagraph of paragraph 3, the laws, regulations and administrative provisions for applying the first subparagraph of paragraph 1 of this Article shall be adopted by
  31 December 2011
  at the latest. They shall forthwith inform the Commission and the European Central Bank thereof.

31 December 2011

Amendment 13

Amendment 13

Proposal for a regulation — amending act

Proposal for a regulation — amending act

Article 1 — point 3 a (new)

Article 1 — point 3 a (new)

Regulation (EC) No 1338/2001

Regulation (EC) No 1338/2001

Article 7 — paragraph 2 — indent 3a (new)

Article 7 — paragraph 2 — indent 3a (new)

| 3a. | The following indent shall be added to Article 7(2):







  — | devising and promoting training and information activities, such as information booklets and training seminars, for citizens and consumers concerning the risks posed by counterfeiting, the basic security measures incorporated into euro notes and coins and the appropriate authorities to be contacted by those who come into possession of suspected counterfeit notes and/or coins. Furthermore, financial institutions and any other institution involved in the sorting and distribution to the public of notes and coins as a professional activity, including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, shall display and make available to consumers information booklets (supplied by the relevant national authorities, the Commission and the European Central Bank) dealing with the abovementioned risks, measures and authorities. |
| --- | --- | --- |

3a.

3a.

The following indent shall be added to Article 7(2):

—

devising and promoting training and information activities, such as information booklets and training seminars, for citizens and consumers concerning the risks posed by counterfeiting, the basic security measures incorporated into euro notes and coins and the appropriate authorities to be contacted by those who come into possession of suspected counterfeit notes and/or coins. Furthermore, financial institutions and any other institution involved in the sorting and distribution to the public of notes and coins as a professional activity, including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, shall display and make available to consumers information booklets (supplied by the relevant national authorities, the Commission and the European Central Bank) dealing with the abovementioned risks, measures and authorities.

devising and promoting training and information activities, such as information booklets and training seminars, for citizens and consumers concerning the risks posed by counterfeiting, the basic security measures incorporated into euro notes and coins and the appropriate authorities to be contacted by those who come into possession of suspected counterfeit notes and/or coins. Furthermore, financial institutions and any other institution involved in the sorting and distribution to the public of notes and coins as a professional activity, including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, shall display and make available to consumers information booklets (supplied by the relevant national authorities, the Commission and the European Central Bank) dealing with the abovementioned risks, measures and authorities.

---