Agreement between the European Police Office (Europol) and the European Central Bank (ECB)
Date: 2001-12-13
Institutions: European Central Bank, Europol
Subjects: European Central Bank, Europol, cooperation agreement, euro, fraud, industrial counterfeiting

25.1.2002

EN

Official Journal of the European Communities

C 23/9

EUROPEAN CENTRAL BANK

AGREEMENT BETWEEN THE EUROPEAN POLICE OFFICE (EUROPOL) AND THE EUROPEAN
CENTRAL BANK (ECB)

(2002/C 23/07)

THIS AGREEMENT is made

BETWEEN

the European Police Office (Europol), which has its seat at
Raamweg 47, 2509 The Hague, the Netherlands, represented
by its Director, Mr. J(cid:252)rgen Storbeck

AND

the European Central Bank (ECB), which has its seat at Kaiser-
stra(cid:223)e 29, D-60311 Frankfurt am Main, represented by its
President, Mr Willem Duisenberg

(hereinafter also,
vidually, the (cid:145)Party(cid:146)).

jointly the (cid:145)Parties(cid:146) and each of them, indi-

Whereas:

The Parties share a joint determination to combat the threats
arising from counterfeiting of the euro and to play a central
role in this fight; and in this context they cooperate, within
their respective competencies, with the national central banks,
the Europol National Units, the National Analysis Centres, the
Coin National Analysis Centres, the European Technical and
Scientific Centre,
the European Commission and other
national and European authorities and international organi-
sations.

The Parties wish to enhance their cooperation in this field since
it
is in their common interest and in the interest of all
participants in the fight against counterfeiting.

Article 3(3) of Council Regulation (EC) No 1338/2001 laying
down measures necessary for the protection of the euro against
counterfeiting (1) provides that Europol and the ECB will enter
into an agreement by means of which Europol has access to
the technical and statistical data held by the ECB relating to
counterfeit banknotes and coins discovered both in Member
States and in non-member countries; also Council Regulation
(EC) No 1339/2001 extends the application of Regulation
1338/2001 to those Member States which have not adopted
the euro as their single currency (2).

The ECB has adopted on 8 November 2001 Decision
ECB/2001/11 on certain conditions regarding access to the
the
Counterfeiting Monitoring
and statistical
ECB-managed system containing technical

System (CMS), which is

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

information on counterfeiting of euro banknotes and coins,
whether originating in Member States or in third countries;
that Decision refers to entering into an agreement between
the Parties in connection with the access of Europol to the
CMS.

Europol will provide the ECB with information related to
including information received
counterfeiting of
from law enforcement agencies,
international organisations
and other third parties, but excluding personal data.

the euro,

The Management Board of Europol authorised Europol on 5
December 2000 to enter into negotiations on an agreement
with the ECB and authorised the signing of this Agreement on
23 October 2001.

The Governing Council of the ECB agreed on the contents of
this Agreement on 25 October 2001 and on that date auth-
orised the President of the ECB to sign it on behalf of the ECB,

The Parties have agreed as follows:

Article 1

Purpose of the Agreement

this Agreement

The purpose of
is to provide for effective
cooperation between the Parties in relation to measures to
combat the threats arising from counterfeiting of the euro,
and to enhance and coordinate any assistance in this area
provided by both Parties to the national and European auth-
orities and to international organisations.

Article 2

Consultation and coordination

The Parties, acting in accordance with their respective
1.
competencies, shall consult each other regularly on policies
to be adopted and implemented on matters of common
interest as indicated in Article 1 in order to achieve their
objectives, coordinate their activities and avoid duplication of
effort. The President of the ECB and the Director of Europol, or
the persons designated by them, shall meet at least once a year
to review the implementation of this Agreement.

training

policies,

In particular, the Parties shall undertake to coordinate
2.
their
information
activities,
campaigns and publications relating to counterfeiting of the
euro. Whenever possible, they shall also consult each other
on their public
communication
statements and external
policy in connection therewith.

public

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Official Journal of the European Communities

25.1.2002

Article 3

Exchange of information

Article 5

Requests for assistance

1.
Exchange of information between the Parties shall take
place for the purpose of and in accordance with the provisions
of this Agreement, and will not include data related to an
identified individual or identifiable individuals.

The Parties

shall provide each other promptly and
2.
regularly with information regarding counterfeiting of
the
euro banknotes and of other currencies. Such information
shall
include, in the case of the information to be provided
by Europol to the ECB, information originating from national,
European and international law enforcement authorities, and in
the case of the information to be provided by the ECB to
Europol,
information obtained from national, European and
international authorities.

Europol shall assist

3.
the ECB in any relationship with
national, European and international law enforcement organi-
related to the counterfeiting of euro
sations
banknotes.

in matters

The Parties

4.
warning system messages.

shall ensure coordination of

their early

Article 4

Access to the CMS database and related provisions

The ECB shall grant online read-only access to the CMS
1.
database to the officials of Europol designated as contact
persons for this purpose under Article 7, which access shall
not allow Europol to directly introduce data into the CMS. The
modalities of access,
including the necessary systems-related
specified by means of an
arrangements,
exchange of letters between the President of the ECB and the
Director of Europol.

shall be further

2.
A specific file with information on euro counterfeit
discoveries and technical descriptions of the classes captured
and introduced into the CMS database shall be produced
regularly by the ECB and sent to Europol.

3.
In addition, Europol shall be promptly informed by the
ECB of the creation of every new class of counterfeit within the
CMS and of the discovery of any large quantity of counterfeit
euro banknotes.

1.
The Parties shall communicate to each other all requests
for the provision of technical expertise or evidence in judicial
the euro and
proceedings with regard to counterfeiting of
establish appropriate procedures
their
respective responses to each such request.

coordinating

for

2.
The Parties shall cooperate to establish a clear channel of
communication for requests for law enforcement assistance
through Europol.

Article 6

Requests for technical analysis

1.
Europol may send to the ECB any relevant request for
technical analysis needed in the context of Europol’s activities
on counterfeit euro banknotes. Europol
shall collect and
forward any such requests originating outside Europol.

The ECB shall decide on the scope of

2.
the analysis,
including the need for technical examination of samples of
counterfeits and the nature of such examination. In order to
facilitate this decision of the ECB, Europol shall inform the ECB
when submitting the request of any appropriate background
information of the case and also of the reasons justifying the
request for examination. The existence of any ongoing exam-
ination shall be reflected on the CMS.

The results of each technical analysis shall be made

3.
directly available by the ECB to Europol.

Article 7

Contact persons

1.
The Parties shall designate contact persons by means of
an exchange of letters between the Director of Europol and the
President of the ECB. Changes to the list of contact persons
may be agreed in writing by means of further correspondence.

Both Parties may,

2.
in accordance with their respective
legal framework, designate representatives who will be based
at the premises of the other Party (liaison officers) for the
purpose of implementation of this Agreement.

Article 8

Confidentiality

The ECB shall provide Europol with one sample of each
4.
counterfeit euro banknote that has been assigned a new class
indicative in the CMS. This provision shall be implemented in
it does not prevent suspected counterfeit
such a way that
banknotes
retained as evidence in
criminal procedures.

from being used or

Each Party shall ensure that information received on the
1.
basis of this Agreement from the other Party will be subject to
its confidentiality and security standards for the processing of
information, and will receive a level of protection which is at
least equivalent
to the level of protection offered by the
measures applied to that information by the other Party.

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The Parties shall establish an equivalence between their
2.
respective confidentiality and security used standards by means
of an exchange of letters.

the appropriate confidentiality level

The Party supplying the information shall be responsible
3.
for
for
the choice of
information supplied and shall ensure that the level is clearly
indicated. In accordance with the principle of proportionality,
confidentiality levels shall be attributed at the lowest possible
level by each Party and amended accordingly wherever
possible.

referred for a definitive decision to one or more arbitrators,
as the Parties may agree. Should they not agree, the arbitrators
shall be three (3) arbitrators, one appointed by Europol, one
other by the ECB and the third, unless the Parties otherwise
agree, by the President of the Court of Justice of the European
Communities. A majority vote of
the arbitrators shall be
sufficient
to reach a binding decision. The third arbitrator
shall have full power to settle all questions of procedure in
any case where the Parties are in disagreement on such
questions.

4.
Both Parties may at any time request an amendment of
the chosen confidentiality level
information supplied,
confidentiality. The
including
receiving Party shall be obliged to amend the confidentiality
level accordingly.

the possible

removal of

for

Either Party may, for reasons of confidentiality, specify
5.
restrictions on the usage of data supplied to the other Party.
The receiving Party shall comply with any such restrictions.

Article 9

Liability

If damage is caused to one Party or to an individual as a result
of unauthorised or incorrect information processing under this
Agreement by the other Party, that Party shall be liable for such
damage. The determination and compensation of damage
between the Parties under this Article shall be established in
accordance with the procedure laid down in Article 10.

Article 10

Settlement of disputes

Article 11

Final provisions

This Agreement may be amended by mutual consent

1.
between the Parties.

Either party may terminate this Agreement with 12

2.
months’ prior notice.

This Agreement shall enter into force on the day after its

3.
signature.

This Agreement shall be published in the C series of the

4.
Official Journal of the European Communities.

Done at Frankfurt am Main on 13 December 2001,
copies in the English language.

in two

Any dispute between the Parties arising out of or in connection
with this Agreement which is not settled amicably shall be

For the ECB

For Europol

Willem F. DUISENBERG

J(cid:252)rgen STORBECK