EN ECB -PUBLIC  
 
OPINION OF THE EUROPEAN CENTRAL BANK  
of 11 July 2016  
on the method and procedure for counting, sorting, packaging  and labelling of banknotes and 
coins  
(CON/2016/36)  
 
Introduction and legal basis  
On 13 June 2016 the European Central Bank (ECB) received a r equest from the President of Narodowy 
Bank Polski (NBP) for an opinion on a draft ordinance of the President of NBP on the method and 
procedure to be used in counting, sorting, packaging and labelling packages of banknotes and coins, and 
in conducting acti vities related to the supply of banknotes and coins to banks (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 second indent  of Article  2(1) of Council Decision 98/415/EC1, 
as the draft ordinance  relates to means of payment . In accordance with the first sentence 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  is intended to replace Ordinance No 19/2007 of the President of NBP of                  
24 October 2007 on the method and procedure to be used in counting, sorting, packaging and 
labelling packages of banknotes and coins, and in conducting activities related to the supply of banknotes and coins to banks
2, on which the ECB commented in Opinion CON/2007/283.  
1.2 Particularly in view of the need to update and adapt the legal provisions to new solut ions and 
technologies used in the banking sector , the draft ordinance introduces (1) certain reporting 
requirements for banks regarding amount s of banknotes and coins  subject to currency 
management processes , (2) banknote fitness  assessment  criteria, and (3) requirements for  
banknote handling machines, including the method for classifying banknotes by these machines 
and the requirement to conduct tests on these machines, at  which a representative of NBP may be 
present. The draft ordinance also implements certain solutions aimed at improving the safety of 
cash circulation.  
 
                                                 
1  Council Decision 98/415/EC of 29 June 1998 on the consultation of the European Central Bank by national 
authorities regarding draft legislative provisions ( OJ L 189, 3.7.1998, p. 42) . 
2  Published in Dz. Urz NBP of 2015, item 8.  
3  See Opinion CON/2007/28. All ECB opinions are published on the ECB’s website at www.ecb.europa.eu.  
ECB -PUBLIC  
2 1.3 In addition, t he draft ordinance contains provisions relating to foreign currency . The definition of 
that term means that the provisions of the draft ordinance dealing with foreign cur rency  apply to the 
euro. This include s rules on the method and procedure for counting, sorting, packaging, labelling, 
lodgement and withdrawal of foreign banknotes, and the verification of  the authenticity of 
banknotes and coins.  
 
2. General observations  
2.1 As noted in Opinion CON/2007/284 in relation to the predecessor ordinance, the draft ordinance,  
which forms part of a wider regulatory framework  on currency management , needs to comply with 
the directly applicable provisions of Council Regulation (EC) No 1339/20015 as regards euro 
banknotes and coins .   
2.2 Article 1 of Regulation (EC) No 1339/2001 extends the application of Article 6 of Council 
Regulation (EC) 1338/20016 to Member States which have not adopted the euro as their single 
currency . In accordance with Article 6(1) of Regulation (EC) 1338/2001 cash handlers are obliged 
to carry out check s on the authenticity of euro bank notes in line with the procedures defined by the 
ECB. The ECB has defined these procedures in Decision ECB/2010/147. 
2.3 However, by virtue of Article 6(1a) of Regulation (EC) 1338/2001 Member States which have not 
adopted the euro as their single currency may  make use of a derogation. If these Member States 
make use of this option, they can allow cash handlers to carry out check s on the authenticity of 
euro bank notes by trained personnel. Where a machine is used, this machine however needs to be 
fully compliant with t he ECB recirculation framework . Although the obligation established by Article 
6 of Regulation (EC) 1338/2001 in conjunction with Article 1 of Regulation (EC) 1339/2001 is 
directly applicable in Poland and takes precedence over  national law, the ECB would encourage 
the NBP to include a specific reference to this obligation in the draft ordinance to promote legal 
certainty for its  addressees.  
2.4 Going be yond the provisions of directly applicable Union law, i n view of Poland’s prospects of 
adopti ng the euro in the future and the related obligation to align Polish law with the Eurosystem ’s 
legal framework , the ECB woul d welcome the draft ordinance establishing a legal framework at  
 
 
 
 
                                                 
4  See paragraph 2.2 of Opinion CON/2007/28.  
5  Council Regulation (EC) No 1339/2001 of 28 June 2001 extending the effects of Regulation (EC) No 1338/2001 
laying down measures necessary for the protection of the euro against counterfeiting to those Member States which have not adopted the euro as their single currency (OJ L 181, 4.7.2001, p. 11).  
6  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).  
7  Decision ECB/2010/14 of the European Central Bank of 16 September 2010 on the authenticity and fi tness checking 
and recirculation of euro banknotes (OJ L 267, 9.10.2010, p. 1). For euro coins, the authenticity check procedure is provided for  in Regulation (EU) No 1210/2010 of the European Parliament and of the Council of 15 December 2010 
concerning authentication of euro coins and handling of euro coins unfit for circulation ( OJ L 339, 22.12.2010, p. 1) . 
ECB -PUBLIC  
3 national level that is consistent with the ECB legal framework applicable to the protection of euro 
banknotes .  
 
This opinion will be published on the ECB’s website.  
  
Done at Frankfurt am Main, 11 July  2016.  
 [signed]  
 
The President of the ECB  
Mario DRAGHI