2001/912/EC: Decision of the European Central Bank of 8 November 2001 on certain conditions regarding access to the Counterfeit Monitoring System (CMS) (ECB/2001/11)
Date: 2001-11-08
Institutions: European Central Bank
Subjects: European Central Bank, access to information, database, euro, fraud, industrial counterfeiting

20.12.2001

EN

Official Journal of the European Communities

L 337/49

EUROPEAN CENTRAL BANK

DECISION OF THE EUROPEAN CENTRAL BANK

of 8 November 2001

on certain conditions regarding access to the Counterfeit Monitoring System (CMS)

(ECB/2001/11)

(2001/912/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL
BANK,

Having regard to the Treaty establishing the European
Community and in particular to Article 106(1) thereof,

Having regard to the Statute of the European System of Central
Banks and of the European Central Bank, and in particular to
Article 16 thereof,

Whereas:

(1)

(2)

(3)

(4)

Council Regulation (EC) No 1338/2001 of 28 June
2001 laying down measures necessary for the protection
of the euro against counterfeiting (1) establishes certain
measures in connection with the collection and storage
of data related to counterfeit banknotes and coins and
with access to these data.

The fight against counterfeiting cannot be dealt with
only at a euro area level; to this effect, the Council of the
European Union has taken measures in relation to the
euro under Title VI of the Treaty on European Union
(i.e. the third pillar); also, Council Regulation (EC) No
1339/2001 extends the effects of Council Regulation
(EC) No 1338/2001 to those Member States which have
not adopted the euro as their single currency (2).

The processes and systems already in place for the
analysis of counterfeits and for the collection of infor-
mation relating to counterfeiting need to be built on; the
ECB had established the Counterfeit Analysis Centre and
the Counterfeit Currency Database; it has become appro-
priate to reorganise and rename the latter as the ‘Coun-
terfeit Monitoring System’ (CMS) and define its charac-
teristics.

The ECB provides for the conditions that ensure the
appropriate procedures for access to the relevant data of
the CMS in compliance with Regulations (EC) No 1338/
2001 and (EC) No 1339/2001. For this purpose, all
national central banks (NCBs) of the European System of
Central Banks need to establish their respective National

(1) OJ L 181, 4.7.2001, p. 6.
(2) OJ L 181, 4.7.2001, p. 11.

Counterfeit Centres (NCCs) within each NCB and create
the role of security administrator of the NCC. The ECB
also reaches the necessary arrangements and agreements
with the Commission and Europol in order to provide
for their appropriate access to the data of the CMS and
for the access of the European Technical and Scientific
Centre also in compliance with Regulation (EC) No
1338/2001. Any access should respect
the relevant
minimum security standards. This respect is essential
because of the confidential nature of the data of the
CMS. The confidential nature of the data means that the
information that each of the users of the CMS obtains
from the CMS should be used exclusively for
the
purpose of fulfilling their responsibilities in the fight
against counterfeiting of the euro. Limiting access to the
data of the CMS helps to ensure confidentiality.

(5)

A manual of procedures and the minimum security
standards in connection with the CMS are in the process
of being approved by the Governing Council of the ECB.
They will not be published due to the confidential nature
of the data to be introduced and to be accessible in the
CMS and to the importance of maintaining a confiden-
tial environment for the use of the CMS,

HAS DECIDED AS FOLLOWS:

Article 1

Definitions

The definitions contained in Regulation (EC) No 1338/2001
shall apply in this Decision.

Article 2

Counterfeit Monitoring System

1.
The Counterfeit Currency Database (CCD) is renamed as
the Counterfeit Monitoring System (CMS). All references to the
CCD contained in any previous legal acts are now deemed to
be made to the CMS.

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Official Journal of the European Communities

20.12.2001

The CMS consists of a central database containing all
2.
technical and statistical information on counterfeiting, both on
euro banknotes and coins, whether originated in the Member
States or in third countries. The CMS includes,
inter alia,
browsing and editing applications and facilities for the down-
loading and uploading of data and networks linking the
different users of the CMS to the CMS.

3.
The organisation and management of the CMS are the
competence of the Executive Board of the ECB, which takes
account
the Banknote
Committee.

for these purposes of

the views of

Article 3

Access to the data of the Counterfeit Monitoring System

1.
Apart from the access of the NCBs to the CMS, access to
the relevant data of the CMS is granted to the other competent
national authorities,
including the National Analysis Centres
(NACs) and the Coin National Analysis Centres (CNACs), as
regards data related to coins, in accordance with Regulation
(EC) No 1338/2001. For this purpose, the conditions estab-
lished in Articles 5 to 9 of this Decision apply.

2.
Access by the European Commission, the European Tech-
nical and Scientific Centre (ETSC) and Europol to the relevant
data of the CMS is granted in accordance with Regulation (EC)
No 1338/2001. The procedures for this access are specified in
bilateral arrangements and agreements with the ECB, as appro-
priate.

3.
Subject to any agreements concerning monetary relations
between the Community and third parties, the ECB may grant
access to the relevant data of
the CMS to the designated
authorities or centres of these third parties.

In addition to paragraph 3 above and on the basis of
4.
Article 9 of Regulation (EC) No 1338/2001, the ECB may grant
access to the relevant data of
the CMS to the designated
authorities or centres of third countries. They may also be
provided with ad hoc data of the CMS when this is deemed
necessary by the Counterfeit Analysis Centre (CAC) of the ECB.

Article 4

Introduction of data into the Counterfeit Monitoring
System by National Analysis Centres and Coin National
Analysis Centres

The introduction by any and all NACs into the CMS of data
relating to counterfeit euro banknotes which are discovered
and the sending of every new type of suspected counterfeit
euro banknotes to the CAC of the ECB takes place in accord-
ance with Regulation (EC) No 1338/2001 and with the relevant
manual of procedures approved by the Governing Council of
the ECB with the contribution of the General Council of the
ECB. Those NACs that are not an NCB or which have not been
established within an NCB are consulted on the manual of

the manual of
procedures. The necessary adaptations of
procedures regarding the introduction of data related to coins
by the ETSC and the CNACs into the CMS will also take place.

Article 5

National Counterfeit Centres

1.
The task of administering access to the CMS referred to in
Article 3 in the Member States is performed by an NCC estab-
lished in each NCB. This NCC also facilitates communication
regarding all CMS-related matters in the Member States. The
role of security administrator is created within each NCC in
connection with these tasks.

Upon agreement of the ECB, the NCC authorises the
2.
different levels of access to the CMS referred to in Article 3, in
accordance with paragraph one above. For this purpose, the
necessary users names and the different categories of users and
different levels of access among these users are created and
established by the security administrator of the NCC referred to
above.

Article 6

Compliance with the security standards of the Counterfeit
Monitoring System

The minimum security standards to be followed by all authori-
ties or centres (NAC and/or CNAC) where there are users of the
CMS and by such users, in connection with access to the CMS,
are adopted by the Governing Council of the ECB with the
contribution of the General Council of the ECB. They are
notified to the NCCs.

Article 7

Confidentiality

1.
Each authority or centre in which there are users of the
CMS informs them of the confidential nature of the data of the
CMS and of any limitations on access applicable to each of the
users of that authority or centre and of the other authorities or
centres, as these limitations are communicated to the latter by
the security administrator of the relevant NCC from time to
time. The relevant NCC may request that each authority or
centre signs a confidentiality declaration in which it states that
it has taken due notice of the content of this Decision. Each
authority or centre consults with the relevant NCC on any
relevant matter in connection with the confidentiality of the
data of the CMS. The NCCs consult with the CAC of the ECB
about the outcome of any such request or consultation.

2.
The relevant NCC is consulted on communications
containing CMS data addressed to the public, to credit institu-
tions and to the manufacturers of relevant equipment. It also
consults with the CAC of the ECB.

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Official Journal of the European Communities

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The ECB consults with the relevant NCC in connection
3.
with any suspension of access. Both the ECB and the relevant
NCC may suspend access to the CMS of any users of the CMS
when this is necessary to preserve the confidential nature of the
data of the CMS. The relevant NCC consults with the authority
or centre to which such users belong in order for the appro-
priate conditions for the utilisation of the CMS to be restored.

4.
The minimum security standards mentioned in Article 6,
as well as the manual of procedures mentioned in Article 4,
once approved by the Governing Council,
shall not be
published due to their confidential nature.

Article 8

Monitoring

NCCs establish, in consultation with the relevant authorities or
centres, procedures allowing the monitoring of their compli-
ance with Articles 6 and Article 7 and the adoption of appro-
priate measures in connection therewith. These procedures also
allow for the participation of the ECB in such monitoring. In
consultation with the NCBs, the ECB also establishes proced-
ures to monitor compliance by the NCCs with this Decision.

Article 9

Implementation

The Executive Board of the ECB shall take any measures to
implement this Decision which are necessary for the efficiency
and the security of the CMS, including any measures relating to
the manual of procedures or the minimum security standards
respectively mentioned in Articles 4 and 6. For these purposes,
it shall take account of the views of the Banknote Committee.
The Executive Board shall inform the Governing Council of any
measures that it takes in application of this Article. In addition,
the ECB may generally provide technical clarifications and
specifications concerning the utilisation or the security of the
CMS.

Article 10

Final provisions

This Decision shall enter into force on 1 December 2001.

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

Done at Frankfurt am Main, 8 November 2001.

The President of the ECB

Willem F. DUISENBERG