EN
OPINION OF THE EUROPEAN CENTRAL BANK
of 7 June 2002
at the request of the Banque centrale du Luxembourg  on a draft regulation
on the designation of the co mpetent national authorities with regard to counterfeiting
(CON/2002/17)
1. On 21 May 2002 the European Central Bank  (ECB) received a request from the Banque
centrale du Luxembourg (BCL) for an opinion on a draft Grand Ducal regulation on the
designation of the authorities referred to in Article 8 of the Law of 13 January 2002 concerning
(1) the approval of the International Conven tion for the Suppression of Counterfeiting Currency
and the Protocol thereto, sign ed at Geneva on 20 April 19291; and (2) the amendment of certain
provisions of the Criminal Code a nd the Code of Criminal Procedure  (hereinafter the draft
regulation). The aim of the draft regulation is  to ensure compliance with Council Regulation
(EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the  protection of the
euro against counterfeiting2 (hereinafter the Council Regulation).
2. The ECBs competence to deliver an opinion is based on the second indent  of Article 105(4) of
the Treaty establishing the European Comm unity, and on the first and third indents of
Article 2(1) of Council Deci sion 98/415/EC of 29 June 1998 on the consultation of the
European  Central Bank by national authorities regarding draft legislative provisions3, since the
draft regulation contains provisions concer ning both currency matters and the BCL. In
accordance with the first sentence of Article 17.5 of the Rules of Procedure of the European
Central Bank, the Governing Council of  the ECB has adopted this opinion.
3. The Council Regulation required Member States, inter alia , to designate competent national
authorities for the identification of counterfeit euro banknotes and coins, the gathering and
analysis of technical and statistical data rela ting to counterfeit euro banknotes and coins, and
the gathering of data relating to counterfeiting of the euro for their subsequent analysis, in
accordance with its Article 2(b).
Such competent national authorities are to compri se: (1) a National Analysis Centre (NAC) for
counterfeit euro banknotes, designated or establis hed by Member States in agreement with the
ECB, as set forth in Article 4 of the Council Regulation; (2) a Coin National Analysis Centre
                                                          
1League of Nations Treaty Series No. 2623 (1931), p. 372
2 OJ L 181, 4.7.2001, p. 6. 
3 OJ L 189, 3.7.1998, p. 42.
2(CNAC) for counterfeit euro coins,  in accordance with Article 5 of the Council Regulation; and
(3) a national central office, as provided for by Article 12 of the Geneva Convention, charged
with the gathering of data relating to count erfeiting of the euro, and their submission for
analysis.
4. The ECB notes that the draft regulation ensures compliance with the prov isions of the Council
Regulation, which applies from 1 January 2002, in that it provides that:
(1) the national central office, the judicial po lice authorities and the BCL are designated as
the competent national authorities for Luxe mbourg, with the two latter bodies being
jointly responsible for the identification of counterfeit euro banknotes and coins;
(2) the BCL will be the NAC and CNAC for Luxembourg. The BCL will be responsible for
the gathering and analysis of technical and statistical data relating to counterfeit euro
banknotes and coins;
(3) the national central office will be the competen t authority responsible for the gathering of
data relating to counterfeiting of the euro a nd their subsequent submission for analysis.
The national central office and the BCL will enter an agreement whereby the BCL will
put at the disposal of the national central  office its technical expertise concerning
counterfeiting;
The Minister for the Treasury and the Budget and the Minister of Justice will be responsible for
the implementation of the Grand Ducal regulation.
5. The ECB would like to highlight that under Artic le 8 of the Council Regulation Member States
are to ensure that centralisation of informati on on counterfeiting at national level in the national
central office is effected with  a view to its being forwarde d to Europol through the Europol
national unit. Furthermore Member States are to  take all measures necessary to ensure the
exchange of information between the nationa l central office and the Europol national unit.
6. The ECB would finally like to highlight that pursuant to Article 4 of the Council Regulation
Member States are to designate or establish their respective NACs in agreement with the ECB.
Based on a formal communication on the envisage d designation of the BCL as the NAC for
Luxembourg, which the Luxembourg Ministry for the Treasury and the Budget transmitted tothe Secretariat of the Economic and Financial Committee on 12 December 2001, with therequest that the communication be forwarde d both to the ECB and the Commission, the ECB
has already granted on 22 January 2002 its agreement to the envisaged designation by means ofa letter signed by the President. 
37. The ECB confirms that it has no objection to the competent national authorities making this
opinion publicly available at their discretion.
Done at Frankfurt am Main on 7 June 2002.
The President of the ECB
[signed]
Willem F. DUISENBERG