Opinion of the European Central Bank of 15 August 2003 at the request of the Council of the European Union on a proposal for a Council Decision concerning the analysis and cooperation with regard to counterfeit euro coins (COM(2003) 426 final) (CON/2003/16)
Date: 2003-08-15
Institutions: European Central Bank
Subjects: economic offence, euro, fraud against the EU

27.8.2003

EN

Official Journal of the European Union

C 202/31

EUROPEAN CENTRAL BANK

OPINION OF THE EUROPEAN CENTRAL BANK

of 15 August 2003

at the request of the Council of the European Union on a proposal for a Council Decision
concerning the analysis and cooperation with regard to counterfeit euro coins (COM(2003) 426
final)

(CON/2003/16)

(2003/C 202/10)

1. On 30 July 2003 the European Central Bank (ECB) received
a request from the Council of the European Union for an
opinion on a proposal for a Council Decision concerning
analysis and cooperation with regard to counterfeit euro
coins (COM(2003) 426 final)
(hereinafter the ‘proposed
decision’).

laid down in an exchange of letters between the President of
the Council and the French Minister for Finance of 28
February and 9 June 2000. A status report prepared
under the responsibility of
the EU Mint Directors has
expressed its satisfaction with the work carried out by the
ETSC. The report concluded that the location at which the
ETSC carries out its activities is appropriate and that the
Commission ensures the appropriate administrative and
institutional setting in terms of efficiency and independence.

2. The ECB's competence to deliver an opinion is based on the
first indent of Article 105(4) of the Treaty establishing the
European Community and the first indent of Article 4(a) of
the Statute of the European System of Central Banks and of
the European Central Bank, since the proposed decision
contains provisions with a bearing on cooperation with
regard to counterfeit euro coins. In accordance with the
first sentence of Article 17.5 of the Rules of Procedure of
the ECB, the Governing Council of the ECB has adopted this
opinion.

3. The main objective of the proposed decision is to ensure the
continuity and independence of the protection of euro coins
against counterfeiting. This will be achieved by allocating
the responsibility to the Commission to ensure the func-
tioning of
the European Technical and Scientific Centre
(the ‘ETSC’) and the coordination of the activities of the
competent Member States' technical authorities to protect
the euro coins against counterfeiting. Article 5(2) of Council
Regulation (EC) No 1338/2001 of 28 June 2001 laying
down measures necessary for the protection of the euro
against counterfeiting (1), as complemented by Council
Regulation (EC) No 1339/2001 of 28 June 2001 (2) (here-
inafter the ‘Council Regulation’) provides for the analysis
and classification of counterfeit euro coins by the Coin
National Analysis Centres in each of the Member States
and by the ETSC. The ETSC has carried out its tasks on a
the French Mint with administrative
temporary basis at
support and management provided by the Commission, as

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

4. The ECB shares the EU Mint Directors' positive view of the
work that the ETSC has accomplished so far. It also agrees
that
the
the need for continuity and independence of
protection of euro coins against counterfeiting requires a
final decision regarding the location of the ETSC. Against
this background, the ECB broadly welcomes and supports
the proposed decision that the Commission shall ensure the
functioning of the ETSC and the coordination of Member
technical activities to protect euro coins against
States'
counterfeiting.
the
expression ‘competent
technical authorities’ used in the
proposed decision's sole Article is unclear. It recommends
replacing this with the term ‘competent national authorities’,
as defined in Article 2(b) of the Council Regulation.

the ECB notes that

In this context,

inter alia,

5. The ECB notes that Article 5(4) of the Council Regulation
also requires the ETSC to communicate the final results of
its analyses of counterfeit euro coins,
to the
Commission and the ECB, according to their respective
areas of responsibility. In turn, the ETSC shall have access
to the technical and statistical data on counterfeit euro coins
stored at the ECB. The ECB would like to draw attention to
the fact
in cooperation with the Commission and
ETSC, it is responsible for putting the relevant arrangements
in place implementing Article 5(4) of the Council Regu-
lation.

that,

C 202/32

EN

Official Journal of the European Union

27.8.2003

6. Finally, the ECB notes that the Commission intends to adopt
a subsequent decision implementing the responsibility given
to it in the proposed decision. The ECB will issue a separate
opinion on this decision once
the Commission has
consulted it thereon.

7. This opinion shall be published in the Official Journal of the

European Union.

Done at Frankfurt am Main, 15 August 2003.

Member of the Executive Board
of the ECB

Member of the Executive Board
of the ECB

Tommaso PADOA-SCHIOPPA

Gertrude TUMPEL-GUGERELL