2005/37/EC: Commission Decision of 29 October 2004 establishing the European Technical and Scientific Centre (ETSC) and providing for coordination of technical actions to protect euro coins against counterfeiting
Date: 2004-10-29
Institutions: European Commission
Subjects: EU office or agency, euro, fraud, industrial counterfeiting, technical cooperation

21.1.2005

EN

Official Journal of the European Union

L 19/73

COMMISSION DECISION

of 29 October 2004

establishing the European Technical and Scientific Centre (ETSC) and providing for coordination of
technical actions to protect euro coins against counterfeiting

(2005/37/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

protection of
programme)
adopted the euro as the single currency (6).

the euro against counterfeiting (Pericles
to the Member States which have not

Having regard to the Treaty
Community, and in particular Article 211 thereof,

establishing the European

Having regard to Council Decision 2003/861/EC of 8
December 2003 concerning analysis and cooperation with
regard to counterfeit euro coins (1) and Council Decision
2003/862/EC of 8 December 2003 extending the effects of
Decision 2003/861/EC concerning analysis and cooperation
with regard to counterfeit euro coins to those Member States
which have not adopted the euro as their single currency (2),

Whereas:

(1)

(2)

(3)

Council Regulation (EC) No 1338/2001 of 28 June 2001
laying down measures necessary for the protection of the
euro against counterfeiting (3), and in particular Article 5
thereof, provides for the analysis and classification of
counterfeit coins by the Coin National Analysis Centre
(CNAC) in each of the EU Member States and by the
European Technical
(ETSC).
Council Regulation (EC) No 1339/2001 (4) extends the
effects of Articles 1 to 11 of Regulation (EC)
No 1338/2001 to the Member States which have not
adopted the euro as the single currency.

Scientific Centre

and

Since October 2001, the ETSC has been carrying out its
tasks on a temporary basis at
the French Mint with
administrative support and management provided by
letters
the Commission,
between the President of the Council and the French
Finance Minister of 28 February and 9 June 2000.

in line with an exchange of

The ETSC contributes to the fulfilment of the objectives
of the ‘Pericles’ programme pursuant to Council Decision
2001/923/EC of 17 December 2001 establishing an
exchange, assistance and training programme for the
the euro against counterfeiting (5) and
protection of
Council Decision 2001/924/EC of 17 December 2001
extending the effects of
the Decision establishing an
exchange, assistance and training programme for the

(1) OJ L 325, 12.12.2003, p. 44.
(2) OJ L 325, 12.12.2003, p. 45.
(3) OJ L 181, 4.7.2001, p. 6.
(4) OJ L 181, 4.7.2001, p. 11.
(5) OJ L 339, 21.12.2001, p. 50.

(4)

(5)

(6)

(7)

(8)

the
Article 1 of Decision 2003/861/EC provides that
Commission shall establish the ETSC and ensure its func-
tioning and the coordination of
the
technical authorities to protect euro coins
competent
against
Decision
2003/862/EC extends Decision 2003/861/EC to the
Member States which have not adopted the euro as the
single currency.

the activities of

counterfeiting.

Article

of

1

the relevant costs. An exchange of

The French authorities have taken the commitment,
from the French Finance Minister,
through a letter
to maintain the current
dated 6 September 2004,
sharing of
letters
the Commission responsible
between the Member of
for
fraud and the French Finance
the fight against
Minister, regarding the establishment of the ETSC on a
permanent basis for the analysis and classification of
counterfeit euro coins, will reiterate the principles that
emerged from the ETSC’s activities during the period it
was temporarily hosted at the French Mint, based on the
exchange of letters between the Council Presidency and
the French Finance Minister on 28 February and 9 June
2000.

The Economic and Financial Committee (EFC),
the
European Central Bank, Europol and the competent
national authorities should be informed regularly of the
activities of the ETSC and of the situation regarding euro
coin counterfeiting.

Therefore,
the ETSC should be established within the
Commission in Brussels, attached to the European Anti-
Fraud Office (OLAF).

The coordination by the Commission of the measures
taken by the competent technical authorities to protect
euro coins against counterfeiting includes methods for
analysing counterfeit euro coins, the study of new cases
of coin counterfeiting and assessment of
the conse-
quences, exchanges of information on the activities of
the CNACs and the ETSC, external communication on
counterfeit coins, the detection of such coins by coin
processing equipment and the study of any technical
problems relating to these coins.

(6) OJ L 339, 21.12.2001, p. 55.

L 19/74

EN

Official Journal of the European Union

21.1.2005

(9)

(10)

This coordination requires the continued efforts, within
the Advisory Committee for Coordination of the Fight
against Fraud (1), of the Counterfeit Coin Experts Group,
comprising the experts in charge of the CNAC and ETSC,
which the Commission manages and chairs, while
providing periodic information to the EFC.

— In accomplishing its functions, the ETSC will be able to use
the personnel and equipment of the French Coin National
Analysis Centre and the laboratory of the French Mint in
Pessac. The French authorities will place the appropriate
personnel and equipment at the disposal of the ETSC as a
priority.

In order
2003/862/EC,

to act on Decisions 2003/861/EC and

DECIDES:

Article 1

The European Technical and Scientific Centre (ETSC) is estab-
lished within the Commission in Brussels, attached to OLAF.

Article 2

The ETSC shall analyse and classify every new type of coun-
terfeit euro coin in line with the provisions of Article 5 of
Regulation (EC) 1338/2001. It contributes to the fulfilment of
the objectives of the Pericles programme pursuant to Article 4
of Decision 2001/923/EC. It assists the Coin National Analysis
Centres (CNAC) and the law-enforcement authorities and colla-
borates with the relevant authorities in the analysis of coun-
terfeit euro coins and the strengthening of protection.

Article 3

— Under the applicable financial regulations, the part of the
expenses attributable to the work carried out by the ETSC
the European
will be charged to the general budget of
Communities. Since France will provide the abovementioned
personnel, premises and equipment and will be responsible
for their maintenance, the Community budget will meet the
salaries of
recruited by the Commission,
travelling expenses and sundry minor current expenditure.

the personnel

OLAF shall define,
rules and administrative modalities applicable to the ETSC.

in cooperation with the French Mint, the

Article 4

The Commission shall coordinate the necessary actions to
protect euro coins against counterfeiting through periodic
meetings of counterfeit coin experts.

The Economic and Financial Committee, the European Central
Bank, Europol and the competent national authorities shall be
the
kept regularly informed of
situation as regards coin counterfeiting.

the ETSC’s activities and of

The principles on which the organisation of the ETSC will be
based are the following:

Done at Brussels, 29 October 2004.

— The Commission may second members of its personnel to
the French Mint in order to use its facilities for the analysis
of coins.

For the Commission

Michaele SCHREYER
Member of the Commission

(1) Commission Decision 94/140/EC (OJ L 61, 4.3.1994, p. 27).