EN ECB -PUBLIC  
 
 
OPINION OF THE EUROPEAN CENTRAL BANK  
of 20 August 2013  
on the principles and procedure for exchanging banknotes and coins  
(CON/2013/ 64) 
 
Introduction and legal basis  
On 18 July 2013 , the European Central Bank (ECB) received a request from the President of Narodowy 
Bank Polski (NBP) for an opinion on a draft ordinance on detailed principles and procedure concerning 
the exchange of banknotes and coins that have ceased to be legal tender within the territory of the 
Republic of Poland as a result of wear and te ar or damage (hereinafter the ‘draft ordinance’) . 
The ECB’s competence to deliver an opinion is based on Articles 127(4) and 282(5) of the Treaty on the 
Functioning of the European Union and the first, second and third indents  of Article  2(1) 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 draft ordinance  relates to  currency matters, 
means of payment and NBP . In accordance with the first se ntence of Article  17.5 of the Rules of 
Procedure of the European Central Bank, the Governing Council has adopted this opinion.   
 
1. Purpose of the draft  ordinance  
1.1 The draft ordinance  recast s the provisions of NBP President ’s Ordinance No  1/2003 of 15 January 
2003 on the detailed principles and procedure for replacing banknotes and coins which have ceased 
to be legal tender within the territory of the Republic of Poland as a result of wear and tear or 
damage  (hereinafter the ‘ existing ordinance ’)2. The m ain aim of the recast is to align the principles 
for exchanging coins with the principles for sorting coins3. This  includ es aligning the respective 
definitions used in the two legal acts, to ensure the uniform treatment of coins  unfit for circulation . 
1.2 In addition to aligning the principles for exchanging coins with the principles for sorting coins , the 
draft ordinance introduces the following main new elements: (a) rules for exchanging banknotes 
and coins contaminated with various substances ; (b) rules for exchanging banknotes and coins 
presented for exch ange by prosecuting authorities ; (c) fees payable  for exchanging banknotes and 
coins accidentally damaged by anti -theft devices . 
 
                                                 
1 OJ L 189, 3.7.1998, p. 42.  
2 Dziennik Urzędowy Narodowego Banku Polskiego  (Dz. Urz. NBP) of 17 January 2003 No 1, item 1.  
3 As defined in NBP  President Ordinance No 19/2007 of 24 October 2007 on the method and procedure for counting, 
sorting, packaging and labelling packaging uni ts of  banknotes and coins, and o n conducting activities related to the 
supply of banknotes and coins to banks ( Dz. Urz. NBP  of 29 October 2007 No 14, item 28) . 
ECB -PUBLIC  
2 2. General comments  
 The ECB has already been consulted and commented on a previous amendment to the existing 
ordinance , as well as on NBP President ’s Ordinance No 19/2007.  To the extent the draft ordinance 
repeats the provisions  of the existing ordinance , or redrafts these provisions without materially 
changing their content, the ECB reiterates its comments made in past ECB opinions4. 
 
3. Specific comments  
 Fee for exchanging banknotes and coins accidentally damaged by anti -theft devices  
 Paragraph 9(1) of the draft ordinance  provides that  the exchange of banknotes and coins that have 
been accidentally damaged by anti -theft devices will be subject to a fee charged by NBP to th e 
entities or persons presenting the damaged banknotes for exchange5. The level of the fee, set at 
3% of the nominal value of the damaged banknotes and coi ns to be exchanged, seems to be 
substantially higher than the equivalent fee charged by the Eurosystem national central banks6. 
 
This opinion will be published on the ECB’s website.  
 
 
Done at Frankfurt am Main, 20 August 2013.  
 
[signed]  
 
The Vice-President of the ECB 
Vítor CONSTÂNCIO  
                                                 
4 See in particular paragraphs 2.2 and 3.3 of Opinion CON/2008/26  and paragraph 2.1 of Opinion CON/20 07/28 . All ECB 
opinions are published on the ECB’s website at  www.ecb.europa.eu . 
5 Paragr aph 9(2) of the draft ordinance  provides that  the fee will not apply if banknotes and coins presented for exchange 
have been damaged due to actual or attempted robbery  and the entity or person presenting them for exchange is the 
victim of such actual or attempted robbery.  
6 Article 4(2) of 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)  provides that the fee for exchang ing genuine euro banknotes 
that have been damaged by anti -theft devices  amounts to 10 euro cent per damaged euro banknote .