2001/887/JHA: Council Decision of 6 December 2001 on the protection of the euro against counterfeiting
Date: 2001-12-06
Institutions: Council of the European Union
Subjects: counterfeiting, euro, exchange of information, fight against crime, fraud

14.12.2001

EN

Official Journal of the European Communities

L 329/1

(Acts adopted pursuant to Title VI of the Treaty on European Union)

COUNCIL DECISION

of 6 December 2001

on the protection of the euro against counterfeiting

(2001/887/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty on European Union, and in partic-
ular Article 31 and Article 34(2)(c) thereof,

Having regard to the initiative by the French Republic (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

Council Regulation (EC) No 974/98 of 3 May 1998 on
the introduction of the euro (3) lays down that currency
denominated in euro shall start to be put into circulation
as from 1 January 2002 and obliges the participating
Member States to ensure adequate sanctions against
counterfeiting and falsification of euro banknotes and
coins.

instruments

the euro put

in place by
The measures to protect
previous
should be supplemented and
strengthened by provisions ensuring close cooperation
between the competent authorities of
the Member
States, the European Central Bank, the national central
to suppress offences
banks, Europol and Eurojust
involving counterfeiting of the euro.

On 29 May 2000 the Council adopted Framework
Decision 2000/383/JHA on increasing protection by
criminal penalties and other sanctions against counter-
feiting in connection with the introduction of
the
euro (4).

On 28 June 2001 the Council adopted Regulation (EC)
No 1338/2001 laying down measures necessary for the
protection of
the euro against counterfeiting (5) and
Regulation (EC) No 1339/2001 extending the effects of
Regulation (EC) No 1338/2001 laying down measures
necessary for the protection of the euro against counter-
feiting to those Member States which have not adopted
the euro as their single currency (6),

(1) OJ C 75, 7.3.2001, p. 1.
(2) Opinion delivered on 23 October 2001 (not yet published in the

Official Journal).

(3) OJ L 139, 11.5.1998, p. 1.
(4) OJ L 140, 14.6.2000, p. 1.
(5) OJ L 181, 4.7.2001, p. 6.
(6) OJ L 181, 4.7.2001, p. 11.

Article 1

Definitions

For the purposes of this Decision:

(a) ‘counterfeit notes’ and ‘counterfeit coins’ mean notes and
coins defined as such by Article 2 of Regulation (EC) No
1338/2001;

(b) ‘counterfeiting and offences related to counterfeiting of the
euro’ means the conduct, in relation to the euro, described
in Articles 3 to 5 of Council Framework Decision 2000/
383/JHA;

(c) ‘competent authorities’ means the authorities designated by
the Member States to centralise information, in particular
the national central offices, and to detect,
investigate or
punish counterfeiting and offences related to counterfeiting
of the euro;

(d) ‘Geneva Convention’ means the International Convention
for the Suppression of Counterfeiting Currency, signed at
Geneva on 20 April 1929 and its Protocol;

(e) ‘Europol Convention’ means the Convention of 26 July
1995 on the establishment of a European police office (7).

Article 2

Expert analysis of notes and coins

Member States shall ensure that in the context of investigations
into counterfeiting and offences related to counterfeiting of the
euro:

(a) the necessary expert analyses of suspected counterfeit notes
are carried out by a National Analysis Centre (NAC) desig-
nated or established pursuant to Article 4(1) of Regulation
(EC) No 1338/2001; and

(b) the necessary expert analyses of suspected counterfeit coins
are carried out by a Coin National Analysis Centre (CNAC)
designated or established pursuant to Article 5(1) of Regu-
lation (EC) No 1338/2001.

(7) OJ C 316, 27.11.1995, p. 2. Convention as last amended by
Protocol of 30 November 2000 (OJ C 358, 13.12.2000, p. 2).

L 329/2

EN

Official Journal of the European Communities

14.12.2001

Article 3

Forwarding of the results of expert analyses

Member States shall ensure that the results of the analyses
carried out by the NAC and the NCAC in accordance with
Article 2 are communicated to Europol in accordance with the
Europol Convention.

Article 4

Obligation to communicate information

1. Member States shall ensure that
the national central
offices referred to in Article 12 of the Geneva Convention
communicate to Europol,
in accordance with the Europol
Convention, centralised information on investigations into
counterfeiting and offences related to counterfeiting of the
euro, including information obtained from third countries. The
Member States and Europol shall cooperate with a view to
determining which information is to be communicated. The
information shall, at least, include the particulars of the persons
involved, the particulars of the offences, the circumstances in
which the offences were discovered, the context of the seizure
and links with other cases.

The competent authorities of the Member States shall,
2.
where appropriate,
in investigations into counterfeiting and
offences related to the counterfeiting of the euro make use of
the facilities offered by the Provisional Judicial Cooperation
Unit and, subsequently, the facilities for cooperation offered by
Eurojust once it has been established, in accordance with the
provisions laid down in the instruments establishing the Provi-
sional Judicial Cooperation Unit and Eurojust.

Article 5

Entry into force

This Decision shall enter into force on the day of its publica-
tion in the Official Journal.

Done at Brussels, 6 December 2001.

For the Council

The President

M. VERWILGHEN