Proposal for a COUNCIL REGULATION extending to the non-participating Member States the application of Regulation (EU) …/2028 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2027-2034 (the ‘Pericles V’ programme)
Date: 2025-09-03
Institutions: Directorate-General for Economic and Financial Affairs, European Commission
Subjects: EU programme, counterfeiting, cross-border cooperation, euro, fraud, fraud against the EU, non-participating country (euro area)

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   EUROPEAN COMMISSION  Brussels, 3.9.2025  COM(2025) 461 final 2025/0256 (APP)  Proposal for a COUNCIL REGULATION extending to the non-participating Member States the application of Regulation (EU) …/2028 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting for the period 2027-2034 (the ‘Pericles V’ programme)  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

This proposal provides for a date of application as of 1 January 2028 and is presented for a 
Union of 27 Member States. 

The Pericles programme is an exchange, assistance and training programme for the protection 
of  the  euro  against  counterfeiting.  The  programme  was  established  by  Council  Decision 
2001/923/EC of 17 December 2001 and its effects were extended to the EU Member States 
that  had  not  adopted  the  euro  as  their  currency  by  Council  Decision  2001/924/EC  of  17 
December  2001.  Subsequent  amendments  to  these  basic  acts  by  Council  Decisions 
2006/75/EC,  2006/76/EC,  2006/849/EC,  2006/850/EC,  Regulation  (EU)  No  331/2014,  
Council  Regulation  (EU)  2015/7681,  and  Regulation  (EU)  2021/840  of  the  European 
Parliament  and  of  the  Council2,  have  extended  the  duration  of  the  programme  until  31 
December 2027. 

In its proposal (), based on Art 133 of the TFEU, the Commission proposes to continue the 
Pericles programme under the post-2027 Multiannual Financial Framework. 

Article 139 of the Treaty on the Functioning of the European Union provides that measures 
governing the use of the euro referred to in Article 133 thereof shall not apply to the Member 
States with derogation. 

However,  the  exchange  of  information  and  staff  and  the  assistance  and  training  measures 
implemented under the Pericles programme should be uniform throughout the Union and the 
requisite  measures  should  therefore  be  taken  to  ensure  the  same  level  of  protection  for  the 
euro in the Member States that do not have the euro as their official currency. The active role 
of  non-participating  Member  States  in  the  Pericles  programme  is  relevant  and  significant, 
with several non-participating Member States like Romania and Bulgaria playing a significant 
role  in    gathering  experts  from  South  East  Europe  to  reinforce  the  protection  of  the  euro 
against counterfeiting in this area. 

This  proposal  should extend the Pericles programme to  the Member States of the European 
Union not yet using the euro as their single currency. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY  

Legal basis 

Union’s  legislation  concerning  the  protection  of  the  euro  against  counterfeiting  falls  within 
the  scope  of  Article  133  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU). 
This provision provides  that the European Parliament and the Council, acting in accordance 
with the ordinary legislative procedure shall, after consultation of the European Central Bank, 
lay down the measures necessary for the use of the euro as the single currency. This provision 
is applicable only to Member States which have adopted the euro as their single currency.  

This proposal is based on Article 352 of the TFEU, which is the legal basis for extending the 
application of the Pericles programme to Member States which have not adopted the euro as 
their single currency.  

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Council Regulation (EU) 2015/768 of 11 May 2015 extending to the non-participating Member States 
the application of Regulation (EU) No 331/2014, OJ L121, 14.5.2015, p. 1. 
Regulation  (EU)  2021/840  of  the  European  Parliament  and  of  the  Council  establishing  an  exchange, 
assistance and training programme for the protection of the euro against counterfeiting (the 'Pericles IV' 
programme) (OJ L 103, 5.4.2014, p. 1). That Regulation repealed Regulation (EU) No 331/2014. 

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• 

Subsidiarity (for non-exclusive competence) 

This  proposal  complies  with  the  principle  of  subsidiarity.  The  protection  of  the  European 
single  currency  as  a  public  good  has  a  clear  transnational  dimension,  and  therefore  euro 
protection  goes  beyond  the  interest  and  the  responsibility  of  individual  and  euro  area  EU 
Member States. Considering the cross-border circulation of the euro and the deep involvement 
of international organised crime in euro counterfeiting (production and distribution), national 
protection frameworks need to be complemented by an EU initiative to ensure homogeneous 
national and international cooperation, and to face possible emerging transnational risks. 

• 

Proportionality 

The proposed Regulation is necessary, suitable and appropriate for achieving the desired end. 
It  proposes to  efficiently strengthen cooperation among  the Member States and between the 
Commission and the Member States, without restricting Member States’ capability to protect 
the euro against counterfeiting. Action at Union level is justified as it clearly assists Member 
States in collectively protecting the euro and encourages the use of common Union structures 
to increase cooperation and information exchange between competent authorities. 

• 

Choice of the instrument  

A Regulation  is  considered the  appropriate legal  instrument  to  define the  framework on the 
protection of the euro against counterfeiting. It is in continuity with Council Regulation (EU) 
2021/1696  of  21  September  2021  extending  to  the  non-participating  Member  States  the 
application  of  Regulation  (EU)  2021/840  of  the  European  Parliament  and  of  the  Council 
establishing  an  exchange,  assistance  and  training  programme  for  the  protection  of  the  euro 
against counterfeiting for the period 2021-2027 (the ‘Pericles IV programme’) 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

The  Commission  carried  out  an  ex  ante  evaluation  ()  in  the  context  of  preparing  the 
Regulation (EU) No …/20xx establishing an exchange, assistance and training programme for 
the protection of the euro against counterfeiting for the period beyond 2027 (the 'Pericles V 
programme').  The  evidence  collected  and  presented  as  part  of  this  ex  ante  evaluation  is 
directly transferrable to the present proposal.  

Stakeholders were consulted on the protection of the euro against counterfeiting as part of the 
Public consultation on EU funds in the area of security. 

• 

Fundamental rights 

The proposal is in line and respects the Union values enshrined in Article 2 of the Treaty on 
the  European  Union  and  the  fundamental  rights  enshrined  in  the  Charter  of  Fundamental 
Rights  of  the  European  Union  (the  Charter),  where  the  objectives  of  the  proposed  initiative 
are  linked  to  the  promotion  of  fundamental  rights  and  the  application  of  the  Charter.  For 
instance, the proposal  promotes the freedom  to  conduct  a business  by guaranteeing  the safe 
use of the Union’s single currency as a payment method. 

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4. 

BUDGETARY IMPLICATIONS 

The legislative financial statement attached to this proposal for a Council Regulation sets out 
the budgetary implications and the human and administrative resources needed. This financial 
statement on budgetary implications is identical - except for the legal basis - to the financial 
statement  for  the  proposal  on  a  European  Parliament  and  Council  Regulation  (EU)  …/20 
establishing  an  exchange,  assistance  and  training  programme  for  the  protection  of  the  euro 
against counterfeiting beyond 2027 (the 'Pericles V programme').  

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not applicable 

• 

Explanatory documents (for directives) 

Not applicable 

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2025/0256 (APP) 

Proposal for a 

COUNCIL REGULATION 

extending to the non-participating Member States the application of Regulation (EU) 
…/2028 establishing an exchange, assistance and training programme for the protection 
of the euro against counterfeiting for the period 2027-2034 (the ‘Pericles V’ programme) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 352 thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the consent of the European Parliament3, 

Acting in accordance with a special legislative procedure, 

Whereas: 

(1) 

(2) 

Regulation (EU) …/2028 of the European Parliament and of the Council4 establishing 
the  ‘Pericles  V  programme’  provides  that  it  is  applicable  in  the  Member  States  in 
accordance with  the Treaties. Article 139 of the  Treaty  provides that  Member States 
with  a  derogation  are  not  to  participate  in  measures  relating  to  the  use  of  the  euro 
adopted under Article 133 thereof.  

However,  the  exchange  of  information  and  staff  and  the  assistance  and  training 
measures implemented under the Pericles V programme should be uniform throughout 
the Union.  The necessary measures should therefore be taken to ensure the same level 
of  protection  for  the  euro  in  the  Member  States  that  do  not  have  the  euro  as  their 
official currency. 

(3)  

The application of Regulation (EU) … should therefore be extended to Member States 
other  than  the  participating  Member  States  as  defined  in  Article  1,  point  (a),  of 
Council Regulation (EC) No 974/985, 

HAS ADOPTED THIS REGULATION: 

Article 1 

The  application  of  Regulation  (EU)  No  …/2028  shall  be  extended  to  Member  States  other 
than the participating Member States as defined in Article 1, point (a), of Regulation (EC) No 
974/1998. 

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OJ C…, p.  
COM(2025)462 [please add full title and publication reference]. 
Council  Regulation  (EC)  No  974/98  of  3  May  1998  on  the  introduction  of  the  euro  (OJ  L  139, 
11.5.1998, p. 1, ELI: http://data.europa.eu/eli/reg/1998/974/ojOJ L 139, 11.5.1998, p. 1). 

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Entities from Member States other than the participating ones shall be considered eligible for 
funding  when  they  are  competent  national  authorities  within  the meaning  of  Article  8(8)  of  
Regulation (EU) … /… .  

Article 2 

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

It shall apply from 1 January 2028. 

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels, 

For the Council 
The President 

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