Guideline of the European Central Bank of 20 March 2003 on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes (ECB/2003/5)
Date: 2003-03-20
Institutions: European Central Bank
Subjects: copyright, euro, financial legislation, industrial counterfeiting, paper money, reprography, withdrawal from the market

L 78/20

EN

Official Journal of the European Union

25.3.2003

GUIDELINE OF THE EUROPEAN CENTRAL BANK

of 20 March 2003

on the enforcement of measures to counter non-compliant reproductions of euro banknotes and
on the exchange and withdrawal of euro banknotes

(ECB/2003/5)

(2003/206/EC)

THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,

Having regard to the Treaty establishing the European Commu-
nity and in particular to Article 106(1) thereof,

Having regard to Articles 12.1, 14.3 and 16 of the Statute of
the European System of Central Banks and of the European
Central Bank,

Having regard to Decision ECB/2003/4 of 20 March 2003 on
the denominations, specifications, reproduction, exchange and
withdrawal of euro banknotes (1),

Whereas:

(1)

(2)

(3)

Guideline of the European Central Bank of 7 July 1998
on certain provisions
regarding euro banknotes, as
amended on 26 August 1999 (ECB/1999/3) (2), provides
for enforcement of the European Central Bank's (ECB's)
copyright on euro banknotes.

The rules on enforcement of the ECB's copyright require
updating and supplementing with a comprehensive set
of rules and procedures ensuring the protection of euro
banknotes against non-compliant reproductions.

Article 106(1) of the Treaty and Article 16 of the Statute
provide that the ECB has the exclusive right to authorise
the issue of euro banknotes within the Community.
These Articles also provide that the ECB and the national
central banks may issue such notes. Pursuant to Article
10 of Council Regulation (EC) No 974/98 of 3 May
1998 on the introduction of the euro (3), the ECB and
the national central banks of the participating Member
States (hereinafter ‘NCBs’) shall put euro banknotes into
circulation. This right
to authorise the issue of euro
banknotes includes the competence to take measures to
protect the integrity of euro banknotes as a means of
payment and to establish a minimum level of protection
in all participating Member States. Where there is no risk
of confusing reproductions of euro banknotes with
genuine euro banknotes however, such reproductions
should be permitted. In order to prevent such confusion
Decision ECB/2003/4 has laid down common rules for
the reproduction of euro banknotes.

ECB and the NCBs and,
if appropriate, between them
and the relevant national authorities, and are to be
laws
applied without prejudice to national criminal
prohibiting the production, uttering or possession of
reproductions of euro banknotes that might be mistaken
by the general public for genuine euro banknotes. In this
context it is appropriate for the ECB to have recourse to
the NCBs in order to prevent or take action against non-
compliant reproductions of euro banknotes. In any case,
the provisions of
the present Guideline should be
without prejudice to the application of criminal law, in
particular regarding counterfeiting.

As an additional safeguard of the integrity of euro bank-
notes as a means of payment, the ECB and the NCBs will
endeavour to raise the general public's awareness of ECB
decisions concerning its rules on the reproduction of
euro banknotes, in particular by publishing such deci-
sions in the national media and in the Official Journal of
the European Union.

The provisions on the exchange and withdrawal of euro
banknotes in Decision ECB/2003/4 need to be imple-
mented by the NCBs.

In order to raise further the general public's awareness
of any ECB decision to withdraw types or series of euro
banknotes, the NCBs will be entrusted with the task of
making announcements in the national media.

(5)

(6)

(7)

(8)

In accordance with Articles 12.1 and 14.3 of the Statute,
ECB guidelines form an integral part of Community law,

HAS ADOPTED THIS GUIDELINE:

Article 1

Definition of non-compliant reproductions

A ‘non-compliant
referred to in Article 2(1) of Decision ECB/2003/4 that:

reproduction’ means

any reproduction

(4)

Such rules on the reproduction of euro banknotes and
the ECB's copyright on euro banknotes need to be
applied and enforced, in close cooperation between the

(a) is unlawful as defined in Article 2 of Decision ECB/2003/4;

or

(1) See page 16 of this Official Journal.
(2) OJ L 258, 5.10.1999, p. 32.
(3) OJ L 139, 11.5.1998, p. 1.

(b) infringes

the ECB's copyright on euro banknotes

for
instance by adversely affecting the standing of euro bank-
notes.

25.3.2003

EN

Official Journal of the European Union

L 78/21

Article 2

(c) the non-compliant
produced outside
Member States.

reproduction has been or will be
the participating
the

territories of

Enforcement of measures

to counter non-compliant

reproductions

1. Where an NCB becomes aware of a non-compliant repro-
duction in its national territory, it shall, by means of a standar-
dised communication provided by the ECB, order the non-
compliant party to stop producing the non-compliant repro-
duction, and shall, where deemed appropriate, order the party
in possession of the non-compliant reproduction to hand over
the non-compliant
reproduction. Where an NCB becomes
aware of a non-compliant reproduction made available electro-
nically on websites, by wire or wireless means or by any other
means that allow members of the public to access the non-
compliant reproduction from a place and at a time individually
chosen by them, it shall notify the ECB without delay. The ECB
shall then take all possible steps to remove the non-compliant
reproduction from the electronic location.

2. Where the non-compliant party does not comply with an
order issued under paragraph 1, the relevant NCB shall inform
the ECB without delay.

A subsequent decision to initiate an infringement proce-
3.
dure on the basis of Article 3(1) of Council Regulation (EC) No
2532/98 of 23 November 1998 concerning the powers of the
ECB to impose sanctions (1) shall be taken by either the Execu-
tive Board of the ECB or the relevant NCB. Prior to taking such
decision, the ECB and the relevant NCB shall consult each other
and the NCB shall inform the ECB whether a separate infringe-
ment procedure has been, or alternatively can be,
initiated
under national criminal law, and moreover, whether there is
any other appropriate legal basis for action against the non-
law. Where an
compliant reproduction, such as copyright
infringement procedure has already been initiated, or alterna-
tively is to be initiated under national criminal law, or there is
any other appropriate legal basis for action against the non-
reproduction, no infringement procedure under
compliant
Regulation (EC) No 2532/98 shall be initiated.

4. Where the ECB decides that an infringement procedure
under Regulation (EC) No 2532/98 shall be initiated, it may
require the NCBs to conduct legal proceedings. In this case, the
ECB shall instruct the relevant NCBs and grant them any neces-
sary powers of attorney. All legal costs shall be borne by the
ECB. To the extent deemed appropriate and possible, the ECB
or the NCB, as the case may be, shall ensure that the non-
compliant reproductions are withdrawn.

The ECB shall take the steps described in this Article

5.
acting on its own if:

Article 3

Requests for confirmation of compliance of reproductions

1.
All inquiries and requests for confirmation as to whether
a reproduction is lawful as defined in Article 2 of Decision
ECB/2003/4 shall be dealt with:

(a) on behalf of the ECB, by the NCB in the national territory
in which such reproductions have been or will be
produced; or

(b) by the ECB in the cases described in Article 2(5).

NCBs shall

2.
inform the ECB of all responses given to
requests for confirmation under the provisions of paragraph 1.
The ECB shall collect this information and shall distribute to
the NCBs
to
requests for confirmation. The ECB may also publish this
consolidated information from time to time.

the consolidated information on responses

Article 4

Exchange of mutilated or damaged euro banknotes

1.

The NCBs shall duly implement Decision ECB/2003/4.

2. When implementing Decision ECB/2003/4, and subject
to any legal constraints, NCBs may destroy any mutilated or
damaged euro banknotes or any parts thereof, unless there are
legal grounds for them to be preserved or returned to the appli-
cant.

3.
The NCBs shall appoint a single organ or body to take
decisions on the exchange of mutilated or damaged euro bank-
notes for the cases provided for in Article 3(1)(b) of Decision
ECB/2003/4, and shall inform the ECB accordingly.

Article 5

Withdrawal of euro banknotes

The NCBs shall announce any decision of
the Governing
Council to withdraw an euro banknote type or series in the
national media at their own expense in accordance with any
instructions that may be issued by the Executive Board.

(a) the origin of

the non-compliant

reproduction cannot

Article 6

reasonably be established; or

(b) the non-compliant

reproduction has been or will be
produced in the territories of several participating Member
States; or

(1) OJ L 318, 27.11.1998, p. 4.

Amendments to Guideline ECB/1999/3

Articles 1, 2 and 4 of Guideline ECB/1999/3 are hereby
repealed. References to the repealed Articles shall be construed
respectively as references to Articles 2, 4 and 5 of this Guide-
line.

L 78/22

EN

Official Journal of the European Union

25.3.2003

Article 7

Final provisions

1.

This Guideline is addressed to the national central banks of participating Member States.

This Guideline shall enter into force on the day following its publication in the Official Journal of the

2.
European Union.

Done at Frankfurt am Main, 20 March 2003.

On behalf of the Governing Council of the ECB

Willem F. DUISENBERG