OPINION OF THE EUROPEAN CENTRAL BANK
of 28 August 2000
at the request of the Irish Department of Justice, Equality and Law Reform on a draft
legislative proposal on th e counterfeiting of euro-den ominated notes and coins 
CON/00/16
1. On 7 July 2000 the European Central Bank (ECB)  received a request from the Irish Department
of Justice, Equality and Law Reform for an EC B opinion on a draft Crimin al Justice (Theft and
Fraud Offences) Bill, 2000.
2. The ECB’s competence to deliver an opini on is based on Article 2 of Council Decision
98/415/EC of 29 June 1998 on the consultation of  the European Central Bank by national
authorities regarding draft legislative provisions1, as the legislative proposal contains
provisions concerning currency matters. In accordance with Article 17.5, first sentence, of theRules of Procedure of the European Central Ba nk, this ECB opinion has been adopted by the
Governing Council of the ECB.
3. Part 5 and Section 56 of the draft Bill establish the criminal law regime under Irish law for the
counterfeiting of currency notes and coins, the passing of counterfeit currency notes or coins,
the custody or control of counterfeit currency, the custody or control of any thing used for
making counterfeit currency, the import and export of counterfeits and the criminal liability for
offences committed by artificial legal persons (e .g., bodies corporate and unincorporated). It is
noted, in particular, that the draft Bill makes provision for the following: (1) ‘currency note’
and ‘coin’ are defined to mean, respectively, a currency note and coin lawfully issued or
customarily used as money in the Irish Stat e or in any other State and include a note
denominated in the euro unit and a coin denominated  in euro or in cent, whether issued or not;
(2) a person who outside the Irish State makes a counterfeit of a currency note or coin, with the
intention that he or she or another shall pass or tender it in any Member State of the European
Union as genuine, is guilty of an offence, and is liable on conviction on i ndictment to a fine or
imprisonment for a term not exceeding 10 years or both; and (3) a person who without lawful
authority or excuse imports into, or exports from, a Member State of  the European Union a
counterfeit of a currency note or coin is guilty  of an offence, and is liable on conviction on
indictment to a fine or imprisonment fo r a term not exceeding 10  years or both. 
4. The ECB recalls its recommendation of 7 July 1998 regarding the adoption of certain measures
to enhance the legal protection of euro banknotes and coins (ECB/1998/7)2, and in particular
the ECB’s recommendation that the Council of the European Union, the European Commission
and the Member States should consider a review  of current policies to combat counterfeiting,
inter alia  evaluating the need for harmonisation of pe nal laws in the field of counterfeiting. In
this regard, the ECB notes that Article 12 of Council Regulation (EC) No 974/98 of 3 May
1998 on the introduction of the euro3 obliges the Member States participating in economic and
monetary union to ensure adequate sanctions against counterfeiting and falsification of eurobanknotes and coins. 
5. With respect to the Council Framework Decision of 29 May 2000 on increasing protection by
criminal penalties and other sanctions against counterfeiting in connection with the introduction
of the euro (2000/383/JHA),4 the ECB notes that Member States are required to take the
necessary measures to comply with this framework Decision by 31 December 2000 as far asArticle 5(a) of the framework Decision is c oncerned and not later than 29 May 2001 as far as
the other provisions of the framework Decisi on are concerned. By the same dates the Member
States are required to transmit to the Genera l Secretariat of the Council, the Commission and
the ECB the text of the provisions transposin g into their national law the obligations imposed
on them under this framework Decision, and the Council will, by 30 June 2001 at the latest, onthe basis of this information and a written report by the Commission, assess the extent to whichMember States have taken the necessary measures in order to comply with this frameworkDecision. 
6. Under Article 2 of the framework Decision th e Member States that have not yet done so
undertake to accede to the International Conv ention of 20 April 1929 for the Suppression of
Counterfeiting Currency and its Protocol. Th e ECB understands that Ireland ratified the
Convention and its Protocol on 24 July 1934, and not es that a text evidencing the transposition
of the Convention and its Protocol into Irish la w has to be transmitted to the ECB not later than
29 May 2001. 
                                                                                                                                                                                    
1 OJ L 189, 3.7.1998, p. 42-43.
2 OJ C 246, 6.8.1998, p. 9.
3 OJ L 139, 11.5.1998, pp. 1-5.
7. Article 3(2) of the framework Decision requires each Member State to take the necessary
measures to ensure that participating in and ins tigating the conduct referred to in Article 3(1) of
the framework Decision, and attempting the conduct referred to in points (a) to (c) of said
Article 3(1), are punishable. The ECB notes that a text evidencing the transposition, as a matter
of general Irish criminal law, of the inchoate criminal offences of attempting, conspiring or
inciting the commission of offences covered by sa id Article 3(1) has to be transmitted to the
ECB not later than 29 May 2001.
8. Article 4 of the framework Decision requires that  Member States ensure that conduct referred
to in Article 3 is also punishab le with respect to banknotes or coins being or having been
manufactured by use of legal facilities or material s in violation of the rights of the competent
authorities. Further consideration may need to  be given to whether the scope of Section
31(2)(a) of the draft Bill sufficiently covers this offence by extending the concept of a
counterfeit to a currency note or coin that ‘res embles a currency note or coin (whether on one
side only or both) to such an extent that it is  reasonably capable of passing for a currency note
or coin of that description’.
9. Under Article 5 of the framework Decision each Member State is required to take the necessary
measures to ensure that the conduct under Ar ticles 3 and 4 of the framework Decision is
punishable if (a) it relates to the future banknot es and coins of the euro and is committed before
1 January 2002; and (b) it relates to banknotes and coins which are not yet issued but aredesignated for circulation, and are of a currency which is legal tender. Section 31(1) of the draft
Bill refers to euro banknotes and coins ‘whether  issued or not’. Further consideration may need
to be given to whether this formula should be  more closely tied to the precise wording of
Article 5 of the framework Decision. In this c ontext, it could also be considered whether
Section 31(1) of the draft Bill, which refers to ‘a note denominated in the euro unit ’, could be
simplified by referring to ‘a note denominated in euro ’.
10. The ECB notes that Article 7(2) of the framew ork Decision requires that at least the Member
States in which the euro has been adopted take  the appropriate measures to ensure that the
prosecution of counterfeiting, at least in respect of the euro, is possible, independently of the
nationality of the offender and the place where the offence has been committed (theuniversality principle ). The ECB notes that under the dr aft Bill the only criminal offences
                                                                                                                                                                                    
4 OJ L 140, 14.6.2000, p. 1.
committed outside the Irish State which are pr oposed to constitute punishable offences under
the draft Bill are the offences of (a) a person making a counterfeit of a currency note or coinoutside the State with the intention that he or  she or another shall pass or tender it in any
Member State of the European Union as genui ne (Section 32(2)); and (b) a person importing
into, or exporting from, a Member State of th e European Union a counterfeit currency note or
coin (Section 36(1)). The ECB notes that the of fences listed in the dr aft Bill relating to the
making (with the intention of passing or tende ring it as genuine outside the EU), passing or
tendering of counterfeit currency or of having  custody or control of counterfeit currency or
things to be used for making counterfeit curr ency are not stated to be punishable offences
where committed outside the Irish State.
11. Article 7(3) of the framework Decision provides  that where more than one Member State has
jurisdiction and has the possibility of viable pr osecution of an offence based on the same facts,
the Member States involved shall co-operate in deciding which Member State shall prosecute
the offender or offenders with a view to centralising the prosecution in a single Member State
where possible. The ECB notes that Ireland inte nds to implement such co-operation on the basis
of existing administrative procedures, and a text evidencing the transposition of this provision
into Irish law will therefore not be transmitted to the ECB.
 
12. The ECB confirms that it has no objection to this ECB opinion being made public by the
competent national authorities at their discretion.
Done at Frankfurt am Main on 28 August 2000.
The President of the ECB
[signed]
Willem F. Duisenberg