Council Regulation (EC) No 46/2009 of 18 December 2008 amending Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins
Date: 2008-12-18
Institutions: Council of the European Union
Subjects: EU trade mark, European symbol, consumer protection, drafting of EU law, euro

22.1.2009

EN

Official Journal of the European Union

L 17/5

COUNCIL REGULATION (EC) No 46/2009

of 18 December 2008

amending Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins

THE COUNCIL OF THE EUROPEAN UNION,

(5)

Having regard to the Treaty
Community,
in
and
Article 123(4) thereof,

particular

establishing the European
of

sentence

third

the

The risk of mistaking a medal or a token bearing the
terms ‘euro’,
‘euro cent’ or the euro symbol for a legal
tender coin is greater where a nominal value is also
associated with that medal or token. Therefore, in such
cases, the indication ‘Not legal tender’ should be stamped
on the obverse or the reverse of the medal or token
concerned.

Having regard to the proposal from the Commission,

(6)

Regulation (EC) No 2182/2004 should therefore be
amended accordingly,

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

HAS ADOPTED THIS REGULATION:

Having regard to the opinion of the European Parliament,

Article 1

Amendments

Whereas:

Regulation (EC) No 2182/2004 is hereby amended as follows:

(1)

(2)

(3)

(4)

and tokens

Council Regulation (EC) No 2182/2004 (2) prohibits
those medals
to euro coins.
Experience gained implementing the prohibition of
medals and tokens similar to euro coins has highlighted
the need to clarify the protective provisions and to make
the decision-making process more transparent.

similar

The public may be led to believe that some medals and
tokens have legal tender status, not only when they bear
a design similar to euro coins but also when they bear
certain elements of the designs on euro coins. Therefore
specific elements of the designs on legal tender euro
coins should not be reproduced in the way they are
In addition, symbols that are
depicted on euro coins.
representative of the issuing Member State’s sovereignty
should not be reproduced on medals and tokens in the
way they are depicted on euro coins.

The Commission, after having consulted the counterfeit
coin experts
referred to in Commission Decision
2005/37/EC of 29 October 2004 establishing the
European Technical and Scientific Centre (ETSC) and
to
providing for
should
protect
specify whether the protective provisions referred to in
Regulation (EC) No 2182/2004 have been respected and
whether a metallic object is a medal/token.

technical
counterfeiting (3),

euro coins against

coordination of

actions

criteria

specific

The
the
Commission in declaring conformity with the protective
provisions should be clarified and laid down.

employed

that

are

by

(1) OJ C 283, 7.11.2008, p. 1.
(2) OJ L 373, 21.12.2004, p. 1.
(3) OJ L 19, 21.1.2005, p. 73.

1. Article 2 shall be replaced by the following:

‘Article 2

Protective provisions

1.
Subject to Articles 3 and 4, the production and sale of
medals and tokens, and their importation and distribution
for
shall be
prohibited in the following circumstances:

commercial purposes,

for other

sale or

(a) when the terms “euro” or “euro cent” or the euro symbol

appear on their surface;

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

(c) when a design appearing on their surface is similar to:

(i) any design, or parts
surface of euro coins,
terms “euro” or “euro cent”,
European Union,
representation and the numerals,
depicted on euro coins; or

thereof, appearing on the
including in particular the
the 12 stars of the
the geographical
in the way

the image of

(ii) those symbols representative of national sovereignty
of Member States, as depicted on euro coins,
including in particular the effigies of the Head of
State, the coat of arms, the Mint marks, the Mint
master marks, the name of the Member State;

(iii) the edge shape or the edge design of euro coins; or

(iv) the euro symbol.

L 17/6

EN

Official Journal of the European Union

22.1.2009

2.

The Commission shall specify:

3. Article 4 shall be replaced by the following:

(a) whether a metallic object can be regarded as a medal or

token within the meaning of Article 1(c);

‘Article 4

(b) whether a medal or a token falls within the prohibition

of paragraph 1 of this Article.

Subject to paragraph 1 of this Article, the Commission shall
inter alia, the quantities of medals
take into consideration,
and tokens produced, the selling price, the packaging, the
inscriptions on the medals and tokens and advertisement of
them.’;

2. Article 3(1) shall be replaced by the following:

‘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, unless a design similar
the
elements referred to in Article 2(1)(c) appears on their
surface.’;

to one of

Derogations by authorisation

The Commission may grant specific authorisations to use the
terms “euro” or “euro cent” or the euro symbol on the
surface of medals and tokens, under controlled conditions
of use, in cases where no risk of confusion exists. In such
cases, the economic operator concerned within a Member
State shall be clearly identifiable on the surface of
the
medal or token and, when the medal or token bears an
associated nominal value, the indication “Not legal tender”
must be stamped on the obverse or the reverse of the medal
or token.’

Article 2

Entry into force

This Regulation shall enter into force on the 20th 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, 18 December 2008.

For the Council
The President

M. BARNIER