Opinion of the European Central Bank of 15 September 1999 at the request of the Euro Changeover Board of Ireland on a draft legislative proposal for a Copyright and Related Rights Bill, 1999 (CON/99/12)
Date: 1999-09-15
Institutions: European Central Bank
Subjects: Ireland, copyright, euro, issuing of currency, money, national law

OPINION OF THE EUROPEAN CENTRAL BANK

of 15 September 1999

at the request of the Euro Changeover Board of Ireland 

on a draft legislative proposal for a Copyright and Related Rights Bill, 1999

(CON/99/12)

1.  On  3  August  1999  the  European  Central  Bank  (ECB)  received  a  request  from  the  Euro

Changeover  Board  of  Ireland  for  an  ECB  Opinion  on  a  draft  legislative  proposal  entitled

“Copyright and Related Rights Bill, 1999” and in particular on Section 189 thereof. 

2.  The  ECB’s  competence to  deliver  an opinion is  based  on  Article 105 (4), second  indent,  of  the

Treaty  establishing  the  European  Community  and  Article 2  (1),  first  indent,  of  the  Council

Decision  (98/415/EC)  of  29 June  1998  on  the  consultation  of  the  European  Central  Bank  by

national  authorities  regarding  draft  legislative  provisions,  as  the  legislative  proposal  contains

provisions  concerning  currency  matters.  In  accordance  with  Article 17.5,  first  sentence,  of  the

Rules  of  Procedure  of  the  European  Central  Bank,  this  ECB  Opinion  has  been  adopted  by  the

Governing Council of the ECB. 

3.  The draft legislative proposal represents a comprehensive restatement and amendment of the Irish

law  on  copyright.  Of  particular  relevance  to  the  ECB  are  the  provisions  contained  in  the  draft

legislative proposal concerning the copyright in legal tender banknotes denominated in the euro

unit,  the  common  face  and  national  face  of  coins  denominated  in  euro  or  in  cent  and

commemorative  coins  issued  by  the  Minister  for  Finance.  The  draft  legislative  proposal

complements  and  amends  the  Economic  and  Monetary  Union  Act,  1998,  which  contained

provisions relating to the issuance of such coins and the copyright in euro banknotes and coins,

and on which the European Monetary Institute rendered its Opinion CON/98/18. 

4.  Section 189 of the draft legislative proposal on which the ECB is being consulted contains nine

sub-sections  replacing 

the  existing  copyright 

legislation.  Section  189(2)  provides 

that

notwithstanding  anything  contained  in  the  relevant  part  of  the  draft  legislative  proposal,  the

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copyright in legal tender notes denominated in the euro unit shall  be  perpetual  and  vests in  the

ECB. Section 189(5)(a) provides that notwithstanding anything contained in the relevant part of

the draft legislative proposal, the copyright in the common face of coins denominated in euro or

in  cent  and  issued  by  the  Minister  for  Finance  under  the  Economic  and  Monetary  Union  Act,

1998, and the copyright in the artistic work defining the design of any such face shall be perpetual

and vest in the European Community and may be assigned by the Commission of the European

Communities  on  behalf  of  the  European  Community.  Sections  189(5)(b)  and  (c)  provide  that

notwithstanding  anything  contained  in  the  relevant  part  of  the  draft  legislative  proposal,  the

copyright in any national face of such coins denominated in euro or in cent and the copyright in

all commemorative coins issued by the Minister for Finance under the Economic and Monetary

Union Act, 1998, and the copyright in the artistic work defining the design of any such face or

coin shall be perpetual and vest in the Minister for Finance.

5.  The ECB notes that the draft legislative proposal provides for copyright in both legal tender and

non-legal tender banknotes and coins. It might be worth considering whether this point should be

expressly clarified in the draft legislative proposal.

6.  The  ECB  recalls  that  in  its  Recommendation  of  7  July  1998  regarding  the  adoption  of  certain

measures to enhance the legal  protection  of  euro  banknotes and  coins  (ECB/1998/7),1  the  ECB

recommended that Member States should ensure that banknote designs may legally benefit from

copyright  protection.  The  ECB  therefore  recognises  the  desirability  of  explicitly  confirming  in

Irish legislation the existence of the ECB’s copyright in legal tender  banknotes  denominated in

the euro unit.  However, the ECB  questions  whether,  as  a  matter  of  Irish law, it is  necessary  to

achieve  such  legislative  clarity  by  providing  that  the  copyright  in  legal  tender  banknotes

denominated  in the euro  unit  shall  be  perpetual  and  vest  in  the  ECB.  Any  intellectual  property

rights enjoyed by the ECB with regard to such banknotes are not directly established under Irish

legislation. Similarly, any intellectual property rights enjoyed by the European Community in the

common  face  of  coins  denominated  in  euro  or  in  cent,  and  the  copyright  in  the  artistic  work

defining  the  design  of  any  such  face,  are  not  directly  established  under  Irish  legislation.  By

extension, the right of the Commission of the European Communities to assign such copyright on

behalf of the European Community does not arise directly under Irish legislation. 

7.  The  ECB  confirms  that  it  has  no  objection  to  this  ECB  Opinion  being  made  public  by  the

competent national authorities at their discretion.

1 OJ C 11, 15.1.98, p. 1ff.

                                                     
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Done at Frankfurt am Main on 15 September 1999.

The President of the ECB 

[signed]

Willem F. Duisenberg