Guideline of the European Central Bank of 26 August 1998 on certain provisions regarding euro banknotes, as amended on 26 August 1999 (ECB/1999/3)
Date: 1998-08-26
Institutions: European Central Bank
Subjects: copyright, euro, industrial counterfeiting, paper money, withdrawal from the market

L 258/32

EN

Official Journal of the European Communities

5. 10. 1999

GUIDELINE OF THE EUROPEAN CENTRAL BANK

of 26 August 1998

on certain provisions regarding euro banknotes, as amended on 26 August 1999

(ECB/1999/3)

(1999/656/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL
BANK,

HAS ADOPTED THIS GUIDELINE:

Having regard to the Treaty establishing the European
Community,
(hereinafter referred to as the ‘Treaty’) and in
particular to Article 106(1) thereof,

Article 1

Enforcement of copyright

Having regard to Articles 12.1, 14.3 and 16 of the Statute of
the European System of Central Banks and of the European
Central Bank (hereinafter referred to as the ‘Statute’),

1.
The NCBs shall take all necessary and feasible measures,
according to their national legal systems, to ensure that there is
no breach of the copyright of the euro banknote designs held
by the ECB.

Having regard to ECB Decision ECB/1998/6 of 7 July 1998 on
the denominations, specifications, reproduction, exchange and
withdrawal of euro banknotes (1) as amended by ECB Decision
of 26 August 1999 (ECB/1999/2) (2),

(1) Whereas the copyright on the designs of the euro bank-
notes was received by the European Central Bank (ECB)
from the European Monetary Institute (EMI); whereas
such copyright needs to be administered and enforced,
inter alia, in all participating Member States according to
the individual national legal systems, and this situation
to the national
warrants entrusting such functions
central banks (NCBs);

(2) Whereas,

in order to enhance the protection of euro
banknotes against counterfeiting, it appears advisable to
establish a Counterfeit Analysis Centre (CAC), in which
the resources of the NCBs of the participating Member
States and of the ECB could be pooled, and which would
require the establishment of certain rules within the
European System of Central Banks (ESCB);

2. Whenever an NCB becomes aware of unauthorised repro-
duction of euro banknotes having occurred on its national
territory,
it shall take immediate action to ensure that such
reproduction ceases and that any copies produced in this
manner are withdrawn, and shall
inform the ECB without
delay.

The Executive Board of the ECB may issue instructions on
3.
whether or not the situation requires the initiation of civil or
criminal proceedings against the person responsible for the
reproduction. For the conduct of legal proceedings, the ECB
shall have recourse to the NCBs: it shall instruct them accord-
ingly and provide them with the necessary powers of attorney.
All

legal costs shall be borne by the ECB.

4.
The NCBs shall inform the ECB of any specific author-
isation to reproduce the euro banknote designs granted under
ECB Decision ECB/1998/6.

Article 2

(3) Whereas, in order to widen the acknowledgement by the
general public of any decision taken by the ECB to
withdraw types or series of banknotes, in addition to the
official publication of that decision by the ECB in the
Official Journal of the European Communities, it is deemed
in the
to be appropriate to make announcements
national media and for this task to be entrusted to the
NCBs;

(4) Whereas, in accordance with Articles 12.1 and 14.3 of
the Statute, ECB Guidelines form an integral part of
Community law,

(1) OJ L 8, 14.1.1999, p. 36.
(2) See page 29 of this Oficial Journal.

Exchange of mutilated or damaged banknotes

The NCBs

1.
ECB/1998/6.

shall

duly

implement

ECB Decision

2. Whem implementing ECB Decision ECB/1998/6, and
subject to any legal constraints, NCBs shall destroy any muti-
lated banknotes or the pieces thereof after a period of six
months, unless
them to be
there are legal grounds
preserved or returned to the applicant.

for

3.
The NCBs shall appoint a single organ or body to adopt
decisions on the exchange of mutilated or damaged banknotes
for the cases foreseen in Article 3(1)(b) of ECB Decision
ECB/1998/6, and shall

inform the ECB accordingly.

5. 10. 1999

EN

Official Journal of the European Communities

L 258/33

Article 3

Counterfeit Analysis Centre and counterfeit currency
database

1.
The Counterfeit Analysis Centre (CAC) and the counter-
feit currency database (CCD) of the ESCB will be established by
and run under the aegis of the ECB. The establishment of the
CAC is intended to centralise the technical analysis of and data
relating to the counterfeiting of euro banknotes issued by the
ECB and the NCBs. All relevant technical and statistical data
concerning the counterfeiting of euro banknotes shall be
centrally stored in the CCD.

2.
The location of the CAC and the CCD shall be Frankfurt
am Main. The Governing Council shall appoint the head of the
staffing and
CAC, approve its budget and organise its
resources.

3.
Subject to legal constraints, the NCBs shall provide the
CAC with originals of new types of counterfeit euro banknotes
in their possession, for the purposes of technical investigation
and central classification. The preliminary assessment of
whether a specific counterfeit belongs to a classified type or to
a new category shall be carried out by the NCBs.

4.
All the technical data within the CCD shall be available to
the ECB and to the NCBs of participating Member States. The
CAC shall cooperate with the police forces of the participating
Member States, with Europol and with the European Commis-
sion, as appropriate, regarding their respective areas of exper-
tise. The individual staff members of the CAC may appear in

judicial proceedings to offer technical expertise in cases of
counterfeiting,
if requested. Any contacts established by the
CAC with individual national authorities shall be effected
together with the relevant NCB.

Article 4

Withdrawal of banknotes

The NCBs shall announce the withdrawal of a euro banknote
type or series decided by the Governing Council in national
newspapers at their own cost, following any instructions that
may be issued by the Executive Board.

Article 5

Final provisions

This Guideline is addressed to the national central banks of
participating Member States and shall have immediate effect.

This Guideline shall be published in the Official Journal of the
European Communities.

Done at Frankfurt am Main on 26 August 1999.

On behalf of the Governing Council of the
ECB

Willem F. DUISENBERG