WRITTEN QUESTION E-1418/01

by Luciano Caveri (ELDR) to the Commission

(17 May 2001)

Subject: Measures to prevent the counterfeiting of euro coins and banknotes

The introduction of the euro is now an imminent prospect and in a few months' time, when the coins and banknotes have been issued, they will be distributed and be used from early next year.

What measures are being adopted to prevent forgery and illegal marketing by counterfeiters, in particular at the delicate stage when old national currencies are being replaced by the new European currency?

Answer given by Mr Solbes Mira on behalf of the Commission

(27 September 2001)

Based on a proposal by the Commission the Council adopted on 28 June 2001 a Regulation (EC 1338/2001), laying down measures necessary for the protection of the euro against counterfeiting(1).

This fundamental tool establishes the procedures for collecting, storing and exchanging information on counterfeits and specifies the authorities and bodies responsible at national level; it requires credit institutions to withhold and hand over counterfeits; it organises co-operation at national and Community level, as well as with third countries and international organisations.

Moreover, the Commission has adopted a proposal for a Council Decision establishing a training, exchange and assistance programme for the protection of the euro against counterfeiting on 22 May 2001(2).

A further initiative on the basis of the Treaty on European Union, (involving mainly communication of information), is intended to supplement the above-mentioned Council Regulation and is an initiative by the Government of the French Republic with a view to adopting a Council Decision on the protection of the euro against counterfeiting(3). This Council Decision is to be adopted.

On 29 April 1999 the Council adopted a Decision extending Europol's terms of reference to deal with forgery of money and means of payment(4).

On 29 May 2000 a framework Decision was adopted on increasing protection by way of criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro(5). It requires Member States to protect the euro appropriately against counterfeiting by efficient criminal-law measures, even before the currency is put into circulation on 1 January 2002.

Other action taken at both national and Community level for the effective prevention and combating of euro counterfeiting includes:

- the European Central Bank (ECB) Recommendation of 7 July 1998 regarding the adoption of certain measures to enhance the legal protection of euro banknotes and coins (ECB/1998/7)(6);

- the Commission Communication of 22 July 1998 covering training, an information system, co-operation and protection under criminal law(7);

- the ECB guideline of 7 July 1998, as amended on 26 August 1999, on certain provisions regarding euro banknotes and relating inter alia to enforcement of the copyright on euro banknotes and the establishment of a counterfeit analysis centre and a counterfeit database at the ECB (ECB/1999/3)(8);

- the ECB Recommendation of 7 July 1998 regarding the adoption of certain measures to enhance the legal protection of euro banknotes and coins and addressing, among other things, the control and prohibition of the issuance of unauthorised banknotes (ECB/1998/7)(11);

- the Commission Communication of 13 January 1999 on copyright protection for the common face design of euro coins(9);

- the Commission Recommendation of 13 January 1999 on collector coins, medals and tokens, which recommends practices that would be applicable during the transitional period (1999/63/EC)(10);

- and the Council conclusions (Council meeting of 28 29 May 2001) on Europol's role in protecting the euro.

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

(2) COM(2001) 248 final.

(3) OJ C 75, 7.3.2001.

(4) OJ C 149, 28.5.1999.

(5) OJ L 140, 14.6.2000.

(6) OJ C 11, 15.1.1999.

(7) COM(98) 474.

(8) OJ L 258, 5.10.1999.

(9) SEC(1999) 24.

(10) OJ L 20, 27.1.1999.

(11) OJ C 11, 15.1.1999.