Proposal for a COUNCIL REGULATION on the protection of the euro against counterfeiting

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. General context

1.1. Institutional background

In its Recommendation of 7 July 1998 regarding the adoption of certain measures to enhance the legal protection of euro banknotes and coins, [1] the European Central Bank suggests that Community legislation for the legal protection of the euro be put in place.

[1] OJ C 11, 11.5.1999, p.13.

The Commission Communication to the Council, the European Parliament and the European Central Bank of 22 July 1998 on Protection of the euro - Combating counterfeiting [2] spelled out the issues and objectives at stake as regards the protection of the single currency and specified the responsibilities of the European Central Bank, the Commission and Europol, taking the Geneva Convention of 20 April 1929 for the suppression of counterfeiting currency [3] as its starting point.

[2] COM (1998) 474.

[3] League of Nations; Treaty Series 2623 (1931), p. 372.

On 29 April 1999 the Council extended Europol's mandate to measures to combat currency counterfeiting and the falsification of means of payment. [4]

[4] OJ C 149, 28.5.1999, p. 16.

On 29 May 2000 a Council framework Decision on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro was adopted. [5]

[5] OJ L 140, 14.6.2000, p. 1.

1.2. Content of the proposed Regulation

The proposal is based on the third sentence of Article 123(4) and Article 308 of the EC Treaty. It covers three main subjects:

- the processing of technical information on counterfeiting;

- the processing of operational strategic data;

- cooperation and mutual assistance.

1.3. Link with the legal framework of Europol

This Regulation should in due course be amplified by an extension to Europol's mandate to cover more specific aspects of the protection of the euro and by such other adjustments as are found to be necessary, including clarification of the procedures to be complied with for Europol participation in joint investigations. The amendment would be made by the Council, after examination by Europol's Management Board, on the basis of Article 43(3) of the Europol Convention.

The form and content of the enriched and amplified definition could be covered by a preliminary draft to be examined with Europol.

1.4. Cooperation between Europol and the Commission and between Europol and the European Central Bank (ECB)

To define the conditions for access to information and cooperation in the exchange of strategic information between Europol and the Commission and between Europol and the European Central Bank so as to cover raw data, data that are being or have been processed and statistical data, in the light of the respective needs of the Commission and the ECB at the same time, provision should be made, alongside this Regulation, either for a tripartite agreement or for two separate agreements on the basis of Article 42(1) of the Europol Convention and Articles 2 and 7 of the Decision of the Europol Management Board of 15 October 1998 laying down the rules governing Europol's external relations with European Union-related bodies. [6] This agreement could also provide for a structure for coordination between the Commission, the ECB and Europol at departmental level and if necessary at high level.

[6] OJ C 26, 30.1.1999.

The Commission, on the basis of a preliminary draft agreement, could then organise consultations with the ECB and Europol.

1.5. It should also be proposed in due course that a standard clause governing cooperation in combating euro counterfeiting be inserted in future cooperation agreements with non-member countries, including operational cooperation.

1.6. The Commission will secure continuity in work done since 1998 with the euro counterfeiting experts group under the Advisory Committee attached to the Commission, to facilitate the definition and adjustment of the overall Community approach to protection of euro notes and coins. In particular, the experts will be associated with current and future multidisciplinary training measures for all those actively involved in preventing and combating counterfeiting, both in the Community and elsewhere. This work will amplify the work of other advisory groups (notably at Europol and the ECB).

2. Specific commentary on the articles

Article 1

This Article contains the necessary definitions (counterfeit euro notes and coins, technical data and operational and strategic data, Geneva Convention (International Convention for the suppression of counterfeiting currency, 1929)).

In the event of disagreement as to whether notes or coins are counterfeit or not, the European Central Bank and the Member States will have to decide whether there is or is not a risk of confusion with euros circulating lawfully. Information on counterfeit euro notes is coded so as to classify counterfeits by type and variation and details of techniques and specifications for the production of suspect notes.

Article 2

This Article refers to relevant national authorities. These authorities are to be designated by the Member States. Recitals 8 and 9 refer to authorities responsible for analysing and identifying counterfeit euro notes and coins.

Article 3

This Article concerns technical data relating to counterfeit euro notes and coins compiled and indexed by the relevant national authorities and stored and processed by the European Central Bank. The ECB will also gather technical information relating to counterfeit euros from non-member countries.

Article 4

Relevant national authorities for the purposes of this Article relating to the transmission of counterfeit euro notes mean the national central bank or the national analysis centre (NAC). The provision requiring the European Central Bank to notify the authorities concerned of the final result of its analysis without delay means that it must do so once the first administrative report or the first reference to the court has been made. The ECB must give a European code number within two months.

Article 5

On 28 February 2000 the ECOFIN Council approved a technical system responsible for counterfeit euro coins. For the purposes of this Article relating to the transmission of counterfeit euro coins, relevant national authorities means the CNAC (Coin National Analysis Centre). This provision is directly applicable also in the non-participating Member States.

Article 6

A comparative law analysis done by the euro counterfeiting group of the Commission Advisory Committee for the Coordination of the Fight Against Fraud, and the European Central Bank report on the legal protection of banknotes of November 1999, indicate that there are considerable differences in the Member States' legal systems as regards the obligations of credit institutions to cooperate in combating currency counterfeiting. This situation generates a need for rules imposing obligations on credit institutions, with effective, proportionate and dissuasive penalties in the event of negligent or intentional infringement of them.

Article 7

The Unit to combat euro counterfeiting will operate through Europol infrastructures. The establishment of the Unit will require an administrative decision by Europol. Europol can accept the material tasks provided for by this Regulation, in some appropriate form, since the tasks are intimately bound up with its mandate in relation to counterfeiting of currency and means of payment. The independence conferred on the Unit requires its staff to be covered by European rules, excluding liaison officers and members of the Europol national units, rather than national rules.

Article 8

This Article specifies the tasks to be entrusted to the Unit provided for by Article 7. As the euro counterfeiting experts (Commission Advisory Committee) acknowledged, the Unit must be in a position, among other things, to provide all the assistance needed by the authorities of the Member States, in particular scientific support. It must also be able to cooperate with the European Central Bank and the Commission in meeting their respective needs.

Article 9

The Member States must ensure that their national central offices established on the basis of the Geneva Convention 1929 have all the information available at national level regarding euro counterfeiting.

Article 10

The obligation, from the time of the first administrative or judicial report, to report all detected cases of euro counterfeiting to the information system managed by the Unit provided for by Article 7 is imposed on the national central offices via the Europol national units. The national central offices must regularly update the information and notify information relating to stages reached in the procedure and the monitoring of prosecutions; if necessary they are to seek authorisation from the relevant judicial authority. The reports must take account of developments in the procedure (seizures of counterfeit euros, searches, arrests, charges). The objective of the information system managed by the Unit, centred on an operational and strategic database and terminals at each national central office, is to allow direct access for the central offices in the Member States.

Article 11

Combating counterfeiting requires mutual assistance between the relevant authorities involving all useful forms of information, similar to the existing practice in other areas of Community law. The Member States are to ensure that the requested national authorities notify the requesting national authority of any information that may be of assistance to it in detecting and identifying counterfeits and combating euro counterfeiting.

Article 12

The Member States are to ensure that the e-mail system managed by the Unit provided for by Article 7 is established to allow real-time cooperation in the form of immediate European-level action by the relevant authorities (system available 24 hours a day, and interactive with the operational and strategic database).

Article 13

The Member States are to ensure that the Unit provided for by Article 7 gathers operational and strategic information from non-member countries. Cooperation with non-member countries includes technical and administrative assistance, in particular so as to fully apply the cooperation provided for by the Geneva Convention, establish central structures for protection of the euro against counterfeiting, improve the effectiveness of the institutions responsible for combating euro counterfeiting and contribute to training specialised staff. All the relevant authorities of the Member States receiving information on euro counterfeiting occurring in non-member countries, with support from Europol and the Commission, will make their staff available.

Article 14

The principle of the equivalence of the protection offered by Parliament and Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data [7] is recognised; it implies that:

[7] OJ L 281, 23.11.95, p. 31.

- all data gathering and processing operations must be undertaken fairly and lawfully;

- data must be gathered for the purposes defined by the Regulation and may not, therefore, be processed for purposes that are incompatible with its purposes;

- the data must be adequate, relevant and proportionate to the purposes for which they are processed;

- the data must be accurate and, where necessary, updated;

- the data must be stored in such a form that identification of the individuals concerned is possible only during a period not exceeding what is necessary for the attainment of the objectives pursued.

In addition, data relating to technical security is covered by obligations of professional secrecy.

2000/0208 (CNS)

Proposal for a COUNCIL REGULATION on the protection of the euro against counterfeiting

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular the third sentence of Articles 123(4) and Article 308 thereof;

Having regard to the proposal from the Commission;

Having regard to the Opinion of the European Parliament;

Having regard to the Opinion of the European Central Bank;

Whereas:

(1) Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro [8] provides for euro notes and coins to be put into circulation by the European System of Central Banks (ESCB) and the Member States by 1 January 2002 at the latest; a protection system must be adopted rapidly so that it can be operational before euro notes and coins are put into circulation.

[8] OJ L 139, 5.11.1998, p.1.

(2) Certain concepts, such as euro counterfeiting, technical data and operational and strategic data must be defined for the purposes of this Regulation.

(3) In its 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, [9] the Council took measures to ensure that the euro is protected in an appropriate way by the criminal law.

[9] OJ L 140, 14.6.2000, p 1.

(4) The Council Decision of 29 April 1999 extended Europol's mandate to deal with forgery of money and means of payment. [10]

[10] Convention on the establishment of a European Police Office (Europol Convention), OJ C 316, 27.11.1995, p. 2, and Council Decision of 29.4.1999 extending Europol's mandate to deal with forgery of money and means of payment, OJ C 149, 28.5.1999, p. 17.

(5) The counterfeiting analysis centre (CAC) established and managed under the auspices of the European Central Bank (ECB) in accordance with the ECB Guideline [11] centralises the classification and analysis of technical data relating to counterfeit notes.

[11] European Central Bank Guideline of 26 August 1998 on certain provisions regarding euro banknotes, as amended on 26 August 1999 (ECB/1999/3), OJ L 258, 5.10.1999, p. 32 (Article 3).

(6) The technical rules for processing euro coins, approved by the Council on 28 February 2000, provide for the systematic gathering of technical information on euro counterfeiting by the European Central Bank, the establishment at European level of a European Technical and Scientific Centre (ETSC) for the technical analysis and the classification of false euro coins and at national level for national coin analysis centres (CNAC).

(7) Provision is made for the European Technical and Scientific Centre to be established on a temporary basis as a distinct administrative entity within the Paris Mint (exchange of letters between the President of the Council and the French Minister of Finance); its tasks must be defined by this Regulation.

(8) The European Central Bank is to gather and process all technical data relating both to counterfeit euro notes and to counterfeit euro coins.

(9) Counterfeit euro notes held and seized must be handed over for identification to the national central banks or the national analysis centres - NAC); counterfeit coins must be handed over to the national coin analysis centres.

(10) Credit institutions and bureaux de change must be under an obligation to withdraw counterfeit euros from circulation and hand them over to the relevant authorities.

(11) A Unit to combat euro counterfeiting should be established; given Europol's mandate, the Unit should be set up and managed by Europol, which has declared its willingness to act, and its functions should be specified; the Member States should take all necessary measures in the context of the rules applicable to Europol to ensure that the Unit can exercise its functions as defined by this Regulation and enjoy the requisite resources.

(12) There should be a euro counterfeiting information system within the Unit to combat euro counterfeiting; it should consist of an operational and strategic database meeting the objectives of Article 13 of the Geneva Convention of 20 April 1929 in order to boost the effectiveness of activities to prevent and detect euro counterfeiting and facilitate operational cooperation.

(13) The tasks of the European Unit in relation to information for relevant authorities on the analysis of euro counterfeiting should be specified, as should its obligations regarding technical and operational cooperation with the relevant national and European authorities so as to supply them with the information they need as quickly as possible.

(14) To ensure the exchange of full, up-to-date and consistent data, provision should be made for national centralisation of operational and strategic information and for reporting obligations.

(15) Provision must be made for mutual assistance between the relevant authorities and for a mechanism for immediate assistance and rapid information flows (early warning system); this system should be managed by the Unit to combat euro counterfeiting; the Member States should take the requisite measures to that end.

(16) Given that the euro will be used by non-member countries as a currency for international transactions, rules governing cooperation in the event of counterfeiting in non-member countries should be laid down.

(17) Confidentiality and protection of personal data must be ensured by applying the principles of Directive 95/46/EC processing of personal data for the purposes of this Regulation. These principles must also be applied if the processing of personal data falls outside the scope of application of this Directive as laid down in article 3 thereof; data concerned with technical security shall be covered by professional secrecy.

(18) To ensure continuity in the work by the euro counterfeiting experts group that inspired the Commission's preparatory work, regular meetings should continue to be held for exchanges of views and discussion between those most actively involved in preventing and combating counterfeiting; training measures for national authorities and non-member countries will also be taken in this context to ensure that initiatives taken at national and European levels complement each other; to this end the Commission has set up, within the Advisory Committee, a special group for protection of euro notes and coins against counterfeiting, consisting of counterfeiting experts from the Member States and representatives of the European Central Bank, the European Technical and Scientific Centre, the Unit provided for by Article 7, Europol and Interpol.

(19) The centralised exchange of information on cases of euro counterfeiting detected by the relevant national authorities is an additional vital component which will allow the protection scheme, given its dimensions and the effects of the planned action at European level, the operational scope that will optimise all the measures taken to secure the credibility of the euro in Community terms; this is intimately bound up with the measures needed for the rapid introduction of the euro as the single currency of the participating Member States.

(20) The measures to be taken to combat euro counterfeiting concern the Community by virtue of its responsibilities for the single currency; the legal protection of the euro cannot be satisfactorily ensured by the Member States acting alone, since notes and coins will be valid legal tender beyond their borders.

(21) The measures provided for by this Regulation are without prejudice to the power of the Member States to apply national criminal law for the purposes of protecting the euro against counterfeiting and do not affect the independence of the national judicial authorities.

(22) The Member States which have not adopted the euro, as potential participants in the single currency, also have an interest in its legal protection, and their cooperation is necessary for the purposes of effective protection; to ensure that this Regulation applies to them, Article 308 is added as a legal basis in conjunction with the third sentence of Article 123(4);

HAS ADOPTED THIS REGULATION:

Chapter 1 - Definitions and relevant authorities

Article 1 Definitions

For the purposes of this Regulation, the following definitions shall apply:

1. "counterfeit euro notes" and "counterfeit euro coins": notes and coins denominated in euros which have been:

- produced or altered without authorisation from the relevant issuing authorities;

- produced with the use of lawful facilities or equipment in violation of the rights or conditions in accordance with which the relevant authorities may issue currency;

- put into circulation in violation of the rights or conditions in accordance with which the relevant authorities may issue currency;

2. "counterfeiting" of the euro: the conduct described in Articles 3 to 5 of the Council framework Decision of the on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro of 29 May 2000; [12]

[12] OJ L 140, 14.6.2000, p 1.

3. "technical data": data relating to descriptions of the characteristics distinguishing authentic notes and coins from notes and coins of dubious authenticity (technical description of type of counterfeit);

4. "operational data": data linked to counterfeiting offences, including personal data required for assistance to on-the-spot inquiries and investigations to enhance their effectiveness;

5. "strategic data": data linked to risk-evaluation objectives the value of which goes beyond the handling of a specific case already being investigated or likely to be investigated;

6. "Geneva Convention": the International Convention for the Suppression of Counterfeiting Currency, signed at Geneva on 20 April 1929. [13]

[13] League of Nations, Treaty Series 2623 (1931), p. 372.

Article 2 Relevant national authorities

1. For the purposes of this Regulation, "relevant national authorities" means the authorities designated to that end by the Member States:

- for the purposes of gathering and analysing technical data relating to false euro notes, in particular the national central banks or other empowered bodies;

- for the purposes of gathering and analysing technical data relating to false euro coins, in particular the national mints, the national central banks or other empowered bodies;

- for the purposes of gathering and analysing operational and strategic data relating to euro counterfeiting, in particular the national central offices referred to in Article 12 of the Geneva Convention;

- for the purposes of detecting and recording offences, prosecuting and punishing offenders.

2. Each Member State shall send the European Central Bank, the Commission and Europol a list of designated authorities.

Chapter 2 - Technical data

Article 3 Gathering and access

1. Technical data relating to counterfeit euro notes and coins shall be gathered and indexed by the relevant national authorities and notified to the European Central Bank for storage and processing. The European Central Bank shall also be responsible for gathering technical information relating to counterfeit euro notes and coins from non-member countries.

2. The relevant national authorities and the Commission and Europol, in their respective areas of responsibility, shall have direct access to the technical held by the European Central Bank.

Article 4 Obligation to transmit counterfeit euro notes for identification

1. The relevant national authorities for the detection or compilation of counterfeit euro notes shall without delay provide the nationally empowered body with examples of each type of counterfeit euro note for analysis and identification and such technical information and statistical data as are in their possession. The nationally empowered body shall transmit to the European Central Bank every new type of counterfeit note corresponding to the criteria adopted by the European Central Bank.

2. This procedure shall also apply in the course of judicial inquiries, unless there is an overriding need to retain all the counterfeit notes for use as evidence.

3. The European Central Bank shall without delay notify the authorities concerned of the final result of its analysis.

Article 5 Obligation to transmit counterfeit euro coins for identification

1. Each Member State shall establish or designate a national coin analysis centre (CNAC) in accordance with national legislation and practice.

2. The relevant national authorities for the detection or compilation of counterfeit euro coins shall without delay provide the national coin analysis centre with examples of each type of counterfeit euro coin for analysis and identification and such technical information and statistical data as are in their possession. The national coin analysis centre shall transmit to the European Technical and Scientific Centre (ETSC) every new type of counterfeit coin corresponding to the criteria adopted by the European Technical and Scientific Centre; to this end, the European Central Bank shall provide the national coin analysis centres with such technical data relating to counterfeit euro coins as are in their possession.

3. This procedure shall also apply in the course of judicial inquiries, unless there is an overriding need to retain all the counterfeit coins for use as evidence.

4. The European Technical and Scientific Centre shall without delay analyse and classify the counterfeit euro coins and notify the European Central Bank and the authorities concerned of the final result of its analysis.

Article 6 Obligations of credit institutions

1. Credit institutions within the meaning of Directive 2000/12/EC [14] and establishments engaged in the activity of exchanging notes and coins of different currencies, such as bureaux de change, shall withdraw all counterfeit euro notes and coins from circulation and hand them over to the relevant national authorities. To that end, they shall make appropriate checks on the authenticity of euro notes and coins which they receive.

[14] OJ L 126, 26.5.2000, p. 1.

2. Institutions to which paragraph 1 applies which negligently or intentionally fail to discharge their obligations under paragraph 1 shall be subject to effective, proportionate and dissuasive penalties. The Member States shall notify the Council, the Commission and the European Central Bank of the text of the provisions adopted for this purpose within one year following the adoption of this Regulation.

Chapter 3 - Operational and strategic data

Article 7 Unit to combat euro counterfeiting

1. The Member States shall ensure that a Unit to combat euro counterfeiting (the "Unit") is set up by Europol and managed as a Europol administrative entity.

2. The Unit shall manage a system for the exchange, gathering and analysis of operational and strategic information within the Europol information system.

Article 8 Tasks of the Unit

The Member States shall ensure that the Unit:

- lends its support in order to enhance the effectiveness of information exchanges between the relevant authorities of the Member States in the exercise of their tasks of preventing and combating euro counterfeiting;

- regularly provides information to the relevant authorities, the European Central Bank and the Commission on the monitoring of euro counterfeiting activities for the purposes of strategic analysis. The information shall relate in particular to the types of counterfeit, the geographical location of counterfeiting activities and the practices used to commit them;

- on request or of its own motion, provides the relevant authorities of the Member States and of non-member countries with the assistance they need in the exercise of their tasks of preventing and combating euro counterfeiting. Such assistance shall include scientific support;

- cooperates with the European Central Bank and the Commission, acting within the limits of their respective powers, for the purposes of operational and strategic analysis and of protection of the euro against counterfeiting. This cooperation shall include the possibility for the European Central Bank and the Commission, in their respective areas of responsibility, to consult the Unit's system for the exchange, gathering and analysis of operational and strategic information on a permanent basis.

Article 9 National centralisation of information

Each Member State shall ensure by appropriate means that all information at national level relating to euro counterfeiting cases, beginning with the first administrative or judicial record, is transmitted to the national central office provided for by Article 12 of the Geneva Convention.

Article 10 Reporting obligations

1. Each Member State shall ensure that the national central offices referred to in Article 12 of the Geneva Convention transmit all detected euro counterfeiting cases, beginning with the first administrative or judicial record, to the information system provided for by Article 7. The national central offices shall have direct access to the information system.

2. Such information shall concern the identification of the case, the identification of the counterfeit, the circumstances in which the counterfeit was detected, the context of the seizure, the persons involved and the links with other cases (see Annex 1).

3. Each Member State shall ensure that the national central offices regularly update the information and in any event transmit information relating to stages of the procedure and to the monitoring of prosecutions. Where this is required by national law, they shall seek authorisation from the relevant judicial authority.

Chapter 4 - Cooperation and mutual assistance

Article 11 Mutual assistance

The Member States shall ensure that, at the request of the requesting national authority, the requested national authority transmits to the requesting authority, with copy in appropriate cases to the Unit provided for by Article 7, all such information as may be of assistance to it in preventing, detecting and combating euro counterfeiting.

Article 12 Immediate assistance and rapid circulation of information

1. The Member States shall ensure that a communication system is established by the Unit provided for by Article 7 to allow proper action to be taken immediately.

2. The communication system (early warning system) shall be available 24 hours a day every day of the week. It shall be interactive with the operational and strategic information system and shall allow easy transmission of images and photographs and reply messages. Provision shall be made for identification of the message, the type of counterfeit, the persons involved and the action requested (see Annex 2).

Article 13 External aspects

1. The Member States shall ensure that the Unit provided for by Article 7 gathers operational and strategic information relating to cases of euro counterfeiting in non-member countries.

2. Cooperation shall be established with non-member countries. It shall include technical and administrative assistance to prevent and combat euro combating, in accordance with the provisions of the cooperation, association and pre-accession agreements relating to the prevention of unlawful activities,.

3. Where they receive information on euro counterfeiting occurring in non-member countries, the relevant national authorities, with support from Europol and the Commission, shall make their staff, including the liaison officers, available for prevention and detection purposes. This obligation shall apply irrespective of whether the counterfeits are linked to the territory of the Member State providing the assistance.

Chapter 5 - Final provisions

Article 14 Data protection and confidentiality

The Member States, institutions and other bodies shall ensure that, where personal data are processed for the purposes of this Regulation, there is a level of data protection corresponding at least to that which results from application of the Parliament and Council Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data.

Data relating to technical security shall be covered by professional secrecy.

Article 15 Entry into force

This Regulation shall enter into force on 1 January 2001.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

For the Council

The President

ANNEX 1

Operational and strategic information system (Standardised information)

1. File identification

Notification identification number

Date of notification

Body responsible for notification

Internal reference number

Stage in procedure :

O administrative investigations

O police investigations

O legal proceedings

O trial

Contact department name :

telephone number :

fax number :

e-mail address:

2. Identification of forgeries

Notes Coins

Denomination

O EUR 500 O EUR 2

O EUR 200 O EUR 1

O EUR 100 O 50 cents

O EUR 50 O 20 cents

O EUR 20 O 10 cents

O EUR 10 O 5 cents

O EUR 5 O 2 cents

O 1 cent

Series

Counterfeit Class Identifier (ECB)

Machine number

Serial number

Plate number

National head of coin

BE O FR O LUX O

DE O IR O NL O

ES O IT O AU O

PT O FIN O EL O

Quantity

Instruments or objects seized or identified

3. How the forgeries were detected

Date of detection

Place of seizure or recovery

O seized in individual's possession

O seized at place of production

O seized elsewhere

O detected in course of routine commercial banks checks

O detected in circulation

O automatic telling machines, vending machines, etc.

O national bank

Stage at which detected

O production

O import (EC)

O export (outside EC)

O transport

O sale/purchase/exchange

O introduction into circulation

Place of introduction into circulation

O distribution O exchange bureau

O other O bank branch

Place of detection: country :

post code :

town:

4. Circumstances of seizure

Information that led to detection:

Suspected origin or source (other than introduction into circulation):

Modus operandi, particular elements:

Statements by person last in possession

5. Individuals concerned

Surname :

First name : PHOTO

Alias :

Date of birth :

Place of birth : nationality :

Address : street

postcode

town

country

Role :

O producer

O importer

O exporter

O carrier

O in possession

O in bona fide possession

O member of criminal network/organisation

Status of person :

O under arrest

O suspected offender

O questioned as witness

O unidentified

Vehicle used: Number plate:

Specific identity data, or special characteristics (dangerousness ..., name of criminal networks):

6. Connection with other cases :

>REFERENCE TO A GRAPHIC>

Notification No.:

>REFERENCE TO A GRAPHIC>

>REFERENCE TO A GRAPHIC>

>REFERENCE TO A GRAPHIC>

Criminal record:

ANNEX 2

Early Warning System

1. Message identities

Sender ID :

Particulars of contact person :

name:

first name:

office address

telephone number :

fax number :

e-mail address :

Message date :

Recipient ID :

Copies to :

Identification number of report to operational database :

Attachments:

O image of counterfeit (option)

O photo of suspect

O others

2. Identification of forgeries

Notes Coins

Denomination

O EUR 500 O EUR 2

O EUR 200 O EUR 1

O EUR 100 O 50 cents

O EUR 50 O 20 cents

O EUR 20 O 10 cents

O EUR 10 O 5 cents

O EUR 5 O 2 cents

O 1 cent

Counterfeit Class Identifier (ECB) :

Stage :

O production

O first appearance on market

O broader distribution

Provisional assessment of risk :

O very dangerous

O dangerous

O to be monitored

3. Individuals concerned

Surname :

First name :

Alias :

Date of birth :

Place of birth :

Address : street

postcode

town

country

Role :

O producer

O importer

O exporter

O carrier

O in possession

O member of criminal network/organisation

O determining factor

O unknown

Specific identity data or special characteristics (dangerousness, ... name of criminal networks) :

4. Action required

Regarding individuals involved:

O discreet surveillance, close monitoring

O investigation, interception

O questioning as witness

O arrest, warrant number

O mutual assistance request

O prepared

O launched

Regarding the counterfeit:

O alert banks

O alert general public

O active search order