2001/923/EC: Council Decision of 17 December 2001 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the "Pericles" programme)
Date: 2001-12-17
Institutions: Council of the European Union
Subjects: EU programme, counterfeiting, cross-border cooperation, euro, euro area, exchange of information, fight against crime, technical cooperation

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 17 December 2001

establishing an exchange, assistance and training programme for the protection of the euro against
counterfeiting (the ‘Pericles’ programme)

(2001/923/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular the third sentence of Article
123(4) thereof,

Having regard to the proposal from the Commission (1),

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

Having regard to the opinion of the European Central Bank (3),

Whereas:

deals with exchanges of information, cooperation and
mutual assistance, including external aspects of protec-
tion of the euro, and the withdrawal obligations incum-
bent on financial establishments. Its object is also to set
up a comprehensive cooperation framework applicable
before euro banknotes and coins are introduced in
2002. On the same day the Council also adopted Regu-
lation (EC) No 1339/2001 extending the effects of Regu-
lation (EC) No 1338/2001 laying down measures neces-
sary for the protection of the euro against counterfeiting
to those Member States which have not adopted the
euro as their single currency (6).

(1)

(2)

(3)

(4)

The Treaty calls on the Community to take the measures
necessary for the rapid introduction of the euro as the
single currency.

In its Recommendation of 7 July 1998 regarding the
adoption of certain measures to enhance the legal
protection of euro banknotes and coins (4), the European
Central Bank (ECB) called on the Commission to estab-
lish cooperation to combat the counterfeiting of euro
banknotes and coins. It also suggested that the Council,
the Commission and the Member States consider imple-
the
menting
combating of counterfeiting.

any possible measures

to improve

(5)

In its communication of 22 July 1998 to the Council,
the European Parliament and the European Central Bank
on the protection of the euro, the Commission said it
would examine the possibility of launching a scheme for
all those involved in the system for preventing, detecting
and suppressing currency counterfeiting, which should
allow guidelines to be determined for future planning.

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) which

(6)

(1) OJ C 240 E, 28.8.2001, p. 120.
(2) Opinion delivered on 13 November 2001 (not yet published in the

Official Journal).

(3) OJ C 293, 19.10.2001, p. 3.
(4) OJ C 11, 15.1.1999, p. 13.
(5) OJ L 181, 4.7.2001, p. 6.

Consultations and experience show that a specific, multi-
disciplinary supplementary programme organised at
Community level and carried out over the long term is
likely to be more effective than measures conducted at
national
level. The two abovementioned Regulations
should accordingly be supplemented by the adoption of
an action programme, the aim of which is to raise the
awareness of all the persons concerned with the protec-
tion of
the euro against counterfeiting through the
implementation of measures involving in particular the
exchange of information and staff and technical and
scientific
This
the work
programme will support and complement
done by Member States in compliance with the principle
of subsidiarity provided for in Article 5 of the Treaty.

training measures.

back-up

and

should be ensured that

It
this Community action
programme, which is geared to the protection of the
euro against counterfeiting,
is consistent with, and
complementary to, other existing or future programmes
and activities.

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

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(7) Without prejudice to the ECB's role in the protection of
the euro against counterfeiting, the Commission will
carry out all consultations concerning the evaluation of
needs for the protection of the euro with the principal
parties involved (in particular the competent national
authorities designated by the Member States, the ECB
and Europol) within the appropriate advisory committee
provided for in Regulation (EC) No 1338/2001, particu-
larly as regards exchanges, assistance and training, for
the purpose of implementing this programme.

(8)

(9)

The Community should promote cooperation with non-
member countries in the protection of the euro against
counterfeiting.

A financial reference amount, within the meaning of
point 34 of the Interinstitutional Agreement of 6 May
1999 between the European Parliament, the Council and
the Commission on budgetary discipline and improve-
ment of the budgetary procedure (1), will be included in
this Decision for the entire duration of the programme
without thereby affecting the powers of the budgetary
authority as defined by the Treaty.

(10)

This Decision is without prejudice to initiatives which
may be taken pursuant to the Treaty on European Union
with a view to the establishment of programmes
concerning aspects of criminal

law,

HAS DECIDED AS FOLLOWS:

Article 1

Establishment of the programme

establishes

This Decision

1.
action
programme to support and supplement the measures under-
taken by the Member States and programmes established or to
be established in order to protect the euro against counter-
feiting.

Community

a

2.
This action programme shall be known as the Pericles
programme. It shall run from 1 January 2002 to 31 December
2005.

Programme implementation and evaluation shall be

3.
carried out in accordance with Articles 5 to 13.

Article 2

Objectives of the programme

1.
The Community action programme shall, through the
various measures provided for in Article 3, seek to protect the
euro against counterfeiting. It shall take account of transna-
tional and multidisciplinary aspects.
It shall concentrate on
promoting convergence of the substance of measures so as to
guarantee equivalent levels of protection on the basis of consid-

(1) OJ C 172, 18.6.1999, p. 1.

eration of best practice while also respecting the distinct tradi-
tions of each Member State.

2.

In particular,

its remit shall encompass:

(a) raising awareness of the staff concerned of the Community
dimension of the new currency (also as a reserve currency
and a currency for international transactions);

(b) acting as a catalyst

to encourage closer cooperation
between the structures and staff concerned, the develop-
ment of a climate of mutual trust and satisfactory knowl-
edge,
inter alia of methods of action and difficulties, by
promoting various appropriate measures such as place-
ments, specialist workshops or the involvement of guest
speakers in national training and staff exchanges;

(c) promoting convergence of high-level training activities for
trainers in ways which are compatible with national opera-
tional strategies;

(d) expanding general knowledge,
Community and international

in particular of relevant

law and instruments.

Article 3

Measures

The content of training and of operational support, based
1.
on a multidisciplinary and transnational approach,
shall
embrace not only security aspects but also the exchange of
information, in particular technical and strategic information,
and technical and scientific back-up.

The

2.
setting-up
Community level particularly shall
control and analysis for evaluating:

of

exchanges

of

at
involve methodologies of

information

(a) the economic and financial

impact of counterfeiting;

(b) the operation of databases;

(c) the use of detection tools with computer back-up;

(d) enquiry and investigation methods;

(e) scientific assistance (in particular scientific databases and
technology watch/monitoring of new developments);

(f) operation of early warning systems;

(g) related matters, such as the scope of the obligation to

provide information;

(h) the protection of personal data;

(i) the different aspects of cooperation;

(j) the protection of the euro outside the European Union;

(k) research activities, and

(l) the provision of specific operational expertise.

Such exchanges of information may be reflected in a variety of
measures such as the organisation of workshops, meetings and
seminars, and a targeted policy of placements and exchanges of
staff.

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Technical,
3.
concern in particular:

scientific

and operational back-up shall

(f) specialist bodies concerned, for instance, by duplication
and certification technologies, printers and engravers;

(a) any measure which establishes

teaching resources at
Community level (handbook of EU legislation, information
bulletins, practical manuals, glossaries and lexicons, data-
bases, especially in the area of scientific assistance or tech-
nology watch) or computer support applications (such as
software);

(b) studies with a multidisciplinary and transnational dimen-

sion; and

(c) the development of

instruments and
methods to facilitate detection activities at Community
level.

technical support

Article 4

Target group for actions and contributions

1.

The measures shall target the following groups:

(a) staff of agencies engaged in detecting and combating coun-
terfeiting (in particular police forces and financial adminis-
trations depending on their specific functions at national
level);

(b) intelligence personnel;

(c) representatives of the national central banks, the mints and
intermediaries (particularly as regards the

other financial
obligations of financial

institutions);

(d) representatives of the commercial banks (in particular as

regards the obligations of financial

institutions);

(e) judicial officers and specialist lawyers in this field;

(f) any other group of specialists concerned (such as chambers
of commerce and industry or comparable structures
capable of providing access to small and medium-sized
enterprises, traders and hauliers).

In addition to the Commission's

2.
the
following parties shall be invited to contribute to the attain-
ment of the objectives of the Community action programme
using their respective areas of expertise:

contribution,

(a) the national central banks and the ECB, inter alia as regards

the Counterfeit Monitoring System (CMS);

(b) the National Analysis Centres (NAC) and the Coin National

Analysis Centres (CNAC);

(c) the European Technical and Scientific Centre (ETSC) and

the national mints;

(d) Europol and Interpol;

(e) the national central anti-counterfeiting offices provided for
in Article 12 of
the International Convention for the
Suppression of Counterfeiting Currency signed at Geneva
on 20 April 1929 (1) and other agencies specialising in the
prevention, detection and law-enforcement in connection
with counterfeiting;

(1) League of Nations Treaty Series No 2623 (1931), p. 372.

(g) any other body offering specific expertise, including, where
third countries and in particular accession

appropriate,
candidate countries.

Article 5

Consistency and complementarity

1.
The programme shall be implemented and coordinated
by the Commission and the Member States, working closely
together.

This coordination shall take account of measures undertaken
in particular by the ECB and Europol.
elsewhere,

2.
The Commission shall, in particular with an eye to sound
financial management, seek to ensure consistency and comple-
mentarity between this Community action programme, geared
to the protection of the euro against counterfeiting, and other
existing and future programmes and activities.

Article 6

Reference amount

The financial reference amount for the implementation of the
Community programme of action for the period referred to in
Article 1(2) is hereby set at EUR 4 million.

The annual appropriations shall be authorised by the budgetary
authority within the limits of the financial perspective.

Article 7

International cooperation

In the light of the arrangements for distributing euro banknotes
and coins, operational requirements, evaluation of the threat
and risk analysis, the programme shall be open to the asso-
in accordance with the
ciated accession candidate countries,
conditions laid down in the association agreements and the
additional protocols
thereto concerning participation in
Community programmes concluded or to be concluded with
those countries.

In addition, the programme shall,
if necessary, be open to
non-member countries in so far as appropriations are available
in the Community budget, under conditions and in accordance
with arrangements to be agreed with those countries.

Article 8

Financial provisions for workshops, meetings and semi-
nars

As

regards

1.
the workshops, meetings and seminars
provided for in the second subparagraph of Article 3(2) and
organised by the Commission:

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(a) the following costs shall be borne by the Community:

(i) the travel and accommodation expenses in another
Member State of staff taking part and the general over-
heads associated with organising these events;

(ii) publication and translation costs for the teaching mate-

rials used;

(b) the following costs shall be borne by the Member States:

(i) the costs associated with initial and continuing training
of their staff, particularly as regards technical training;

(ii) certain logistical costs in connection with the work-
shops, meetings and seminars organised on their terri-
tory with Community funding (such as internal trans-
fers, rental of premises, provision of interpreting facili-
ties).

2. Where the workshops, meetings and seminars provided
for in the second subparagraph of Article 3(2) are organised
jointly with other partners such as the ECB, Europol or
Interpol, the ensuing expenses shall be divided between them.
The contribution of those partners may be a contribution in
kind provided it is substantial. In any event, each partner shall
bear the travel and accommodation costs of its own guest
speakers.

Article 9

Financial provisions for staff exchanges

The costs of participation by staff from Member States in
1.
the placements or exchanges provided for in the second
subparagraph of Article 3(2) shall be borne by the Community,
in so far as those activities are in keeping with attainment of
the objectives referred to in Article 2.

2.
However, the costs of participation by staff from Member
States in placements or exchanges which are not covered by
the programme shall be borne by the Member States.

Article 10

form part of

those systems,

the network connections
that
between the Community and the non-Community compo-
nents, and such software and hardware as each Member State
shall deem appropriate for the full operation of those systems
throughout its administration, shall be borne by the Member
States.

Article 11

Financial provisions for external measures

In accordance with the conditions set out in Article 7, apart
from bearing the cost of participation of officials from third
countries in the workshops, meetings and seminars provided
for in Article 8, the Community may co-finance up to 70 % of
the cost of training measures on the territory of non-member
countries and operational support measures in those countries.

Article 12

Presentation and selection of projects

1.
Projects under the programme may emanate from the
Member States' competent authorities or from the Commis-
sion.

Member States may present no more than one project a year
(concerning the workshops, meetings and seminars referred to
in the second subparagraph of Article 3(2)). Projects in connec-
tion with placements, exchanges or assistance may also be
presented.

The Commission shall select projects presented by the
2.
Member States, and projects devised on its own initiative, on
the basis of the following criteria:

(a) compliance with the programme's objectives as defined in

Article 2;

(b) the European dimension,

including in particular aspects

concerning cooperation with the ECB and Europol;

Financial provisions for assistance

(c) complementarity with other previous, current or future

projects;

1.
The Community shall bear up to 70 % of the cost of the
operational support referred to in Article 3(2) by way of co-
financing,

in particular:

(a) the design and production costs of teaching resources and
instruments with a

computer applications or technical
European dimension;

(b) the costs of studies, e.g. comparative law studies, on the

protection of the euro against counterfeiting.

(d) the organiser's capacity to implement the project;

(e) the intrinsic quality of the project and its cost-effectiveness

ratio;

(f) the amount of aid requested and whether it is commensu-

rate with the anticipated results;

(g) the impact of the anticipated results on the attainment of

the programme's objectives.

Exceptionally, where Commission initiatives are concerned,
such operational support measures may, however, be financed
up to 100 %.

The projects which best meet the objectives set out above shall
be selected.

2.
However, all expenses relating to the non-Community
components of teaching resources and of communications and
information-exchange systems, namely the national databases

3.
The Commission shall be responsible for managing and
implementing the programme in cooperation with the Member
States.

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Article 13

Follow-up and evaluation

The beneficiaries of each project selected shall submit an

1.
annual report to the Commission.

2.
On completion of the projects, the Commission shall
evaluate the way in which they have been implemented and the
impact they have had in order to gauge whether the objectives
set at the outset have been achieved.

The Commission shall send to the European Parliament

3.
and the Council:

(a) by 30 June 2005 a report, which shall be independent of
the programme manager, evaluating the relevance, the effi-
the programme and a
ciency and the effectiveness of
communication on whether this programme should be
continued and adapted, accompanied by an appropriate
proposal;

(b) on completion of the programme and no later than 30
June 2006, a detailed report on the implementation and the
results of
in particular the
added value of the Community's financial assistance.

the programme setting out

Article 14

Applicability

This Decision shall be effective in those Member States which
have adopted the euro as the single currency.

Article 15

Operational date

This Decision shall take effect on the day of its publication in
the Official Journal of the European Communities.

It shall apply from 1 January 2002.

Done at Brussels, 17 December 2001.

For the Council

The President

A. NEYTS-UYTTEBROECK