Commission Recommendation of 19 August 2002 concerning medals and tokens similar to euro coins (notified under document number C(2002) 3107)
Date: 2002-08-19
Institutions: European Commission
Subjects: EU trade mark, European symbol, consumer protection, euro

L 225/34

EN

Official Journal of the European Communities

22.8.2002

COMMISSION RECOMMENDATION

of 19 August 2002

concerning medals and tokens similar to euro coins

(notified under document number C(2002) 3107)

(2002/664/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Commu-
nity, and in particular Article 211 thereof,

(1)

(2)

(3)

(4)

(5)

(6)

(7)

The euro became the currency of
the participating
Member States as from 1 January 1999. The euro bank-
notes and coins,
introduction on 1
following their
January 2002, circulate throughout the whole euro area.

The scope of application of the Commission recommen-
dation of 13 January 1999 concerning collector coins,
medals and tokens (1) is limited to the transitional period
from 1 January 1999 to 31 December 2001.

the euro (hereinafter,

Euro circulating coins issued by participating Member
States or by third countries which have concluded an
agreement with the European Community on the intro-
‘participating third
duction of
countries’) have legal tender status in the participating
Member States and in the participating third countries.
Euro collector coins issued by participating Member
States or by participating third countries have legal
tender status in the issuing State.

Citizens could believe that circular metallic objects
bearing the words ‘euro’ or ‘euro cent’ or showing a
design which is similar to the design which appears on
the common or on the national side of the euro coins,
have legal tender status at least in the issuing Member
State or in a participating third country.

It is necessary to avoid confusion for the citizens as
regards the legal tender status of euro coins and ensure
that a minimum level of protection of the euro against
confusion exists in all Member States.

In order to reduce the risk of confusion, it is desirable to
ban from the territory of the European Union all medals
and tokens which bear the words ‘euro’ or ‘euro cent’,
which show the euro symbol or a similar symbol; or
which show a design similar to the one which appears
on the common or on the national side of the euro coin.

In order to achieve this, official minting institutions and
issuing private companies in the Member States should
not produce for the purpose of sale or for commercial

(1) OJ L 20, 27.1.1999, p. 61.

purposes, medals and tokens of the kind referred in this
recommendation.
In order to avoid that medals and
tokens of the kind referred circulating in third countries,
will also circulate in the Community territory, the ban
should also concern the sale, production, stock, import
and distribution for the purpose of sale or for commer-
cial purposes of the said medals and tokens.

(8)

(9)

In several Member States,
legislation on medals and
tokens exists which goes in the direction recommended
herein.

It would be desirable that third countries, including the
participating third countries support the efforts made by
the European Union to protect its citizens against confu-
sion and fraud, and for that purpose avoid issuing
medals, tokens and coins of the kind referred,

HEREBY RECOMMENDS:

Article 1

Definitions

For the purpose of this Recommendation, the following defini-
tions shall apply:

(a) ‘euro’ is the lawful currency of the participating Member
States as defined in Article 2 of Council Regulation (EC) No
974/98 on the introduction of the euro (2) and of those
participating third countries which have concluded an
agreement with the European Community on the introduc-
tion of the euro (3) (hereinafter,
‘participating third coun-
tries’);

(b) ‘euro symbol’ is the symbol representing the euro (€) as
described in the Annex to communication COM(97) 418 of
23 July 1997 on the use of the euro symbol;

(c) ‘medals and tokens’ refer to those metallic objects which
look like a coin but which are neither legal means of
payment nor legal tender or are not issued under national
or participating third countries or other foreign legislative
provisions.

(2) OJ L 139, 11.5.1998, p. 1.
(3) Principality of Monaco, Republic of San Marino, Vatican City.

22.8.2002

EN

Official Journal of the European Communities

L 225/35

Article 2

Recommended practice

The sale and the production, stock, import and distribution for
the purpose of sale or for commercial purposes, of medals and
tokens whose size is close to the one of the euro coins, should
not take place in the following cases:

(a) when they bear the terms ‘euro’ or ‘euro cent’; or

(b) when they bear the euro symbol or a symbol close to the
euro symbol combined with an indication of nominal value;
or

(c) when they show a design, which is similar to the design
which appears on the common or on the national side of
euro coins or which has already been officially laid down
for the minting of such coins in the future.

Article 3

Implementation by Member States

Member States are recommended to take, as soon as possible,
all measures deemed necessary including national legislation, to

ensure, as a minimum standard, the full implementation of the
recommended practice. Member States are invited to communi-
cate to the Commission the measures taken to comply with this
recommendation. On the basis of the measures applied in the
Member States, the Commission will consider the need for
further action at Community level in the course of 2003.

Article 4

Addressees

This recommendation is addressed to the Member States and to
all economic agents, who may produce, distribute, import or
sell medals and tokens.

Done at Brussels, 19 August 2002.

For the Commission

Michaele SCHREYER

Member of the Commission