Opinion of the European Central Bank of 7 June 2002 at the request of the Banque centrale du Luxembourg on a draft regulation on the designation of the competent national authorities with regard to counterfeiting (CON/2002/17)
Date: 2002-06-07
Institutions: European Central Bank
Subjects: Luxembourg, counterfeiting, money, national law

EN

OPINION OF THE EUROPEAN CENTRAL BANK

of 7 June 2002

at the request of the Banque centrale du Luxembourg on a draft regulation

on the designation of the competent national authorities with regard to counterfeiting

(CON/2002/17)

1. 

On  21  May  2002  the  European  Central  Bank  (ECB)  received  a  request  from  the  Banque

centrale  du  Luxembourg  (BCL)  for  an  opinion  on  a  draft  Grand  Ducal  regulation  on  the

designation of the authorities referred to in Article 8 of the Law of 13 January 2002 concerning

(1) the approval of the International Convention for the Suppression of Counterfeiting Currency
and the Protocol thereto, signed at Geneva on 20 April 19291; and (2) the amendment of certain

provisions  of  the  Criminal  Code  and  the  Code  of  Criminal  Procedure  (hereinafter  the  ‘draft

regulation’). The aim of the draft regulation is to ensure compliance with Council Regulation

(EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the
euro against counterfeiting2 (hereinafter the ‘Council Regulation’).

2. 

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

the  Treaty  establishing  the  European  Community,  and  on  the  first  and  third  indents  of

Article 2(1)  of  Council  Decision  98/415/EC  of  29  June  1998  on  the  consultation  of  the
European Central Bank by national authorities regarding draft legislative provisions3, since the

draft  regulation  contains  provisions  concerning  both  currency  matters  and  the  BCL.  In

accordance  with  the  first  sentence  of  Article  17.5  of  the  Rules  of  Procedure  of  the  European

Central Bank, the Governing Council of the ECB has adopted this opinion.

3. 

The  Council  Regulation  required  Member  States,  inter  alia,  to  designate  competent  national

authorities  for  the  identification  of  counterfeit  euro  banknotes  and  coins,  the  gathering  and

analysis of technical and statistical data relating to  counterfeit  euro  banknotes  and  coins,  and

the  gathering  of  data  relating  to  counterfeiting  of  the  euro  for  their  subsequent  analysis,  in

accordance with its Article 2(b).

Such competent national authorities are to comprise: (1) a National Analysis Centre (NAC) for

counterfeit euro banknotes, designated or established by Member States in agreement with the

ECB, as set forth in Article 4 of the Council Regulation; (2) a Coin National Analysis Centre

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2 
3 

League of Nations Treaty Series No. 2623 (1931), p. 372
OJ L 181, 4.7.2001, p. 6. 
OJ L 189, 3.7.1998, p. 42.

                                                          
(CNAC) for counterfeit euro coins, in accordance with Article 5 of the Council Regulation; and

(3) a national central office, as provided for by Article 12 of the Geneva Convention, charged

with  the  gathering  of  data  relating  to  counterfeiting  of  the  euro,  and  their  submission  for

analysis.

4. 

The ECB notes that the draft regulation ensures compliance with the provisions of the Council

Regulation, which applies from 1 January 2002, in that it provides that:

(1) 

the national central office, the judicial police authorities and the BCL are designated as

the  competent  national  authorities  for  Luxembourg,  with  the  two  latter  bodies  being

jointly responsible for the identification of counterfeit euro banknotes and coins;

(2) 

the BCL will be the NAC and CNAC for Luxembourg. The BCL will be responsible for

the  gathering  and  analysis  of  technical  and  statistical  data  relating  to  counterfeit  euro

banknotes and coins;

(3) 

the national central office will be the competent authority responsible for the gathering of

data relating to counterfeiting of the euro and their subsequent submission for analysis.

The national central office and the BCL will enter an agreement whereby the BCL will

put  at  the  disposal  of  the  national  central  office  its  technical  expertise  concerning

counterfeiting;

The Minister for the Treasury and the Budget and the Minister of Justice will be responsible for

the implementation of the Grand Ducal regulation.

5. 

The ECB would like to highlight that under Article 8 of the Council Regulation Member States

are to ensure that centralisation of information on counterfeiting at national level in the national

central  office  is  effected  with  a  view  to  its  being  forwarded  to  Europol  through  the  Europol

national  unit.  Furthermore  Member  States  are  to  take  all  measures  necessary  to  ensure  the

exchange of information between the national central office and the Europol national unit.

6. 

The ECB would finally like  to  highlight  that  pursuant  to  Article  4  of  the  Council  Regulation

Member States are to designate or establish their respective NACs in agreement with the ECB.

Based  on  a  formal  communication  on  the  envisaged  designation  of  the  BCL  as  the  NAC  for

Luxembourg, which the Luxembourg Ministry for the Treasury and the Budget transmitted to

the  Secretariat  of  the  Economic  and  Financial  Committee  on  12  December  2001,  with  the

request that the communication be forwarded both to the ECB and the Commission, the ECB

has already granted on 22 January 2002 its agreement to the envisaged designation by means of

a letter signed by the President. 

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7. 

The  ECB  confirms  that  it  has  no  objection  to  the  competent  national  authorities  making  this

opinion publicly available at their discretion.

Done at Frankfurt am Main on 7 June 2002.

The President of the ECB

[signed]

Willem F. DUISENBERG

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