EN Official Journal of the European Union C 317/10

Initiative of the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic and the United Kingdom of Great Britain and Northern Ireland with a view to adopting a Council Decision on protecting the euro against counterfeiting, by designating Europol as the Central Office for combating euro counterfeiting

(2004/C 317/06)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 30(1)(c) and Article 34(2)(c) thereof,

Having regard to the initiative of the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic and the United Kingdom of Great Britain and Northern Ireland (1),

Having regard to the Opinion of the European Parliament (2),

Whereas:

(1) As the legal currency of 12 Member States, the euro has increasingly become a global currency and has therefore become a high-priority target of international counterfeiting organisations.

(2) The euro has also become the target of third-country counterfeiters.

(3) A further increase in the number of counterfeit euros, which would jeopardise the free circulation of euro banknotes and coins, is to be prevented.

(4) The Convention for the Prevention of Counterfeiting Currency, agreed on 20 April 1929 in Geneva (hereinafter referred to as ‘Geneva Convention’), should be applied more effectively under the conditions of European integration.

(5) Third countries need a central contact for information on counterfeit euros and all information on counterfeit euros should be brought together at Europol for purposes of analysis.

(6) In view of Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (3), the Council considers it appropriate for all Member States to become contracting parties to the Geneva Convention and set up central offices within the meaning of Article 12 of the Convention.

(7) The Council considers it appropriate to designate Europol as the central office for combating euro counterfeiting within the meaning of Article 12 of the Geneva Convention,

HAS DECIDED AS FOLLOWS:

Article 1

1. For the Member States which are Contracting Parties to the Geneva Convention, namely Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Spain, Sweden and the United Kingdom, Europol shall, in accordance with the Declaration in the annex hereto (hereinafter referred to as the ‘Declaration’), act as the central office for combating euro counterfeiting within the meaning of the first sentence of Article 12 of the Geneva Convention. For counterfeiting of all other currencies and for central office functions not delegated to Europol pursuant to the Declaration, the existing competencies of the national central offices shall remain in effect.

2. Member States, which are not yet Contracting Parties to the Geneva Convention, namely Cyprus, Estonia, Latvia, Lithuania, Malta, Slovakia and Slovenia, shall accede to the Geneva Convention. Upon acceding to the Geneva Convention, they shall, in accordance with the Declaration, designate Europol as the central office for combating euro counterfeiting in accordance with the first sentence of Article 12 of the Geneva Convention.

Article 2

1. The governments of the Member States which are Contracting Parties to the Geneva Convention shall issue the Declaration and commission the representative of the Federal Republic of Germany to forward the Declarations to the Secretary-General of the United Nations.

2. The governments of the Member States which are not yet Contracting Parties to the Geneva Convention shall, in the event of accession, promptly issue the Declaration and commission the representative of the Federal Republic of Germany to forward the Declaration to the Secretary-General of the United Nations.

Article 3

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

Done at … For the Council The President

(1) OJ C …

(2) Opinion delivered on …… (not yet published in the Official Journal).

(3) OJ L 181, 4.7.2001, p. 6.