Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins
Date: 2004-12-06
Institutions: Council of the European Union
Subjects: European symbol, derogation from EU law, economic offence, euro, honour, market approval, technical specification

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Official Journal of the European Union

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I

(Acts whose publication is obligatory)

COUNCIL REGULATION (EC) No 2182/2004

of 6 December 2004

concerning medals and tokens similar to euro coins

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
establishing the European
Community, and in particular the third sentence of Article
123(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Central Bank (1),

Whereas:

(1)

(2)

(3)

On 1 January 1999, the euro became the legal currency
of the participating Member States in accordance with
the
requirements of Council Regulation (EC) No
974/1998 of 3 May 1998 on the introduction of the
euro (2)
third countries which have
concluded an agreement with the Community on the
introduction of the euro, namely Monaco, San Marino,
and the Vatican City.

and of

those

intended for

Council Regulation (EC) No 975/1998 of 3 May 1998
on denominations and technical specifications of euro
circulation (3) defined the basic
coins
features of euro coins. Euro coins, following their intro-
duction in January 2002, circulate throughout the euro
area as sole legal tender in metallic form.

Commission Recommendation 2002/664/EC of 19
August 2002 concerning medals and tokens similar to
the euro coins (4) recommended that certain visual char-
acteristics should be avoided in the sale and production,
stocking,
for sale or for
other
commercial purposes, of medals and tokens
whose size is close to that of euro coins.

importation and distribution,

(1) OJ C 134, 12.5.2004, p. 11.
(2) OJ L 139, 11.5.1998, p. 1. Regulation as amended by Regulation

(EC) No 2596/2000 (OJ L 300, 29.11.2000, p. 2).

(3) OJ L 139, 11.5.1998, p. 6. Regulation as amended by Regulation

(EC) No 423/1999 (OJ L 52, 27.2.1999, p. 2).

(4) OJ L 225, 22.8.2002, p. 34.

(4)

(5)

(6)

(7)

(8)

(9)

The Commission Communication of 23 July 1997 on
‘€’
the use of the euro symbol established the symbol
and called upon all currency users to use the symbol for
the description of monetary amounts denominated in
euro.

The Commission communication of 22 October 2001
on copyright protection of the common face design of
the euro coins (5) defined the arrangements to be applied
for the reproduction of the common face design of euro
coins.

The visual
euro coins were
published by the Commission on 28 December 2001 (6).

characteristics of

the

Citizens may be led to believe that medals and tokens
bearing the terms ‘euro’ or ‘euro cent’, the euro symbol,
to that which appears on the
or a design similar
common face or on any of the national sides of the
euro coins, have legal-tender
the
Member States that have adopted the euro, or in a parti-
cipating third country.

in any of

status

There is an increasing risk that medals and tokens having
a size and metal properties similar to euro coins may be
unlawfully used in the place of euro coins.

It is therefore appropriate that medals and tokens having
visual characteristics, size or metal properties which are
similar to euro coins should not be sold, produced,
imported or distributed for the purpose of sale or for
other commercial purposes.

(10)

It
is for each Member State to introduce applicable
sanctions for infringements, with a view to achieving
an equivalent protection of
the euro against similar
medals and tokens throughout the Community.

(5) OJ C 318, 13.11.2001, p. 3.
(6) OJ C 373, 28.12.2001, p. 1.

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HAS ADOPTED THIS REGULATION:

Article 1

Definitions

For the purposes of this Regulation the following definitions
shall apply:

(a)

‘euro’ means the legal currency of participating Member
States as defined in Article 1 of Regulation (EC) No
974/98 and of those participating third countries which
have concluded an agreement with the Community on the
introduction of the euro (hereinafter referred to as partici-
pating third countries);

(b) ‘euro symbol’ means the symbol representing the euro ‘€’ as

shown and described in Annex I;

(c)

intended for

striking coins, which have

‘medals and tokens’ means those metallic objects, other than
the
blanks
appearance and/or technical properties of a coin but are
not
issued under national or participating third country
legislative provisions or other foreign legislative provisions,
and which therefore are neither a legal means of payment
nor legal tender;

Article 3

Exemptions

1. Medals and tokens bearing the terms ‘euro’ or ‘euro cent’
or the euro symbol without an associated nominal value shall
not be prohibited when their size is outside the reference band.

2. Medals and tokens whose size is inside the reference band
shall not be prohibited when:

(a)

they are pierced with a hole of over 6 millimetres in the
centre, or when their shape is polygonal but not exceeding
six edges, provided the condition under point
is
respected; or

(c)(ii)

(b) they are made of gold or silver or platinum; or

(c) when they fulfil the following conditions:

(i)

the combinations of diameter and edge height of medals
and tokens are consistently outside the ranges defined in
each of the cases specified in Section 2 of Annex II; and

(d) ‘gold’,

‘silver’ and ‘platinum’ mean alloys containing gold,
silver and platinum with a millesimal fineness in weight
of at least 375, 500 and 850 respectively. This definition
shall not concern hallmarking conventions applicable in
Member States;

(ii) the combinations of diameter and metal properties of
medals and tokens are consistently outside the ranges
defined in each of the cases specified in Section 3 of
Annex II.

(e)

‘European Technical
(hereinafter
referred to as ETSC) means the entity established by the
Commission Decision of 29 October 2004;

and Scientific Centre’

Article 4

Derogations by authorisation

(f)

‘reference band’ shall have the meaning given to it
Section 1 of Annex II.

in

Article 2

Protective provisions

Subject to Articles 3 and 4, the production and sale of medals
and tokens, and their importation and distribution for sale or
for other commercial purposes, shall be prohibited in the
following circumstances:

(a) when the terms ‘euro’ or ‘euro cent’ or the euro symbol

appear on their surface; or

(b) when their size is inside the reference band; or

(c) when any design appearing on the surface of medals and
tokens is similar to any of the national obverse designs or
to the common reverse face of euro coins, or is identical or
similar to the edge design of the two-euro coin.

1.
The Commission may grant specific authorisations to use
the terms ‘euro’ or ‘euro cent’ or the euro symbol under
controlled conditions of utilisation in cases where no risk of
confusion exists.
economic operator
concerned within a Member State shall be clearly identifiable
on the surface of the medal or token and the indication ‘Not
legal tender’ must be stamped on the obverse or the reverse of
the medal or token.

In such cases,

the

The Commission shall be competent to declare whether a

2.
design is ‘similar’ within the meaning of Article 2(c).

Article 5

Existing medals and tokens

Medals and tokens issued before the entry into force of this
in
Regulation which do not satisfy the conditions set out
Articles 2, 3 and 4 may continue to be used until the end of
the year 2009, at the latest, unless they are capable of being
used in place of euro coins. Those medals and tokens shall be
recorded, if appropriate, according to the procedures applicable
in the Member States and communicated to the ETSC.

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Article 6

Sanctions

Article 7

Applicability

1. Member States shall
lay down the rules on sanctions
applicable to infringements of the provisions of this Regulation
and shall take all measures necessary to ensure that they are
implemented. The sanctions provided for must be effective,
proportionate and dissuasive.

2. Member States shall adopt by 1 July 2005 the laws, regu-
lations and administrative provisions for applying this Article.
They shall forthwith inform the Commission thereof.

This Regulation shall apply in the participating Member States
as defined in Regulation (EC) No 974/98.

Article 8

Entry into force

This Regulation shall enter into force on the day following its
publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in the Member States in
accordance with the Treaty establishing the European Community.

Done at Brussels, 6 December 2004.

For the Council
The President

H. HOOGERVORST

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ANNEX I

APPEARANCE OF THE EURO SYMBOL AS MENTIONED IN ARTICLE 1

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1. Definition of the reference band referred to in Article 1

ANNEX II

(a)

The reference band for the size of medals and tokens is the set of combinations between the values for diameter and
values for edge height included in the reference range for diameter and the reference range for edge height
respectively.

(b) Reference range for diameter is the one between 19,00 millimetres and 28,00 millimetres.

(c)

Reference range for edge height is the one included between 7,00 % and 12,00 % of each value within the reference
range for diameter.

2.

Ranges referred to in Article 3(2)(c)(i)

Defined ranges

Diameter
(mm)

Edge height
(mm)

1.

2.

3.

4.

5.

19,45-20,05

21,95-22,55

22,95-23,55

23,95-24,55

25,45-26,05

1,63-2,23

1,84-2,44

2,03-2,63

2,08-2,68

1,90-2,50

3.

Ranges referred to in Article 3(2)(c)(ii)

1.

2.

Diameter (mm)

Metal properties

19,00-21,94

Electrical conductivity between 14,00 and 18,00 % IACS

21,95-24,55

Electrical conductivity between:
— 14,00 and 18,00 % IACS; or
— 4,50 and 6,50 % IACS, unless the medal or token is of single alloy and its

magnetic moment is outside the range from 1,0 to 7,0 μVs.cm

3.

24,56-26,05

Electrical conductivity between:
— 15,00 and 18,00 % IACS; or
— 13,00 and 15,00 % IACS, unless the medal or token is of single alloy and its

magnetic moment is outside the range from 1,0 to 7,0 μVs.cm

4.

26,06-28,00

Electrical conductivity between 13,00 and 15,00 % IACS, unless the medal or token
is of single alloy and its magnetic moment is outside the range from 1,0 to 7,0
μVs.cm

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4. Graphical representation

The following graph provides an indicative illustration of definitions in this Annex: