Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins

21.12.2004 EN Official Journal of the European Union L 373/1
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) 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) and of those third countries which have concluded an agreement with the Community on the introduction of the euro, namely Monaco, San Marino, and the Vatican City.
(2) Council Regulation (EC) No 975/1998 of 3 May 1998 on denominations and technical specifications of euro coins intended for circulation (3) defined the basic features of euro coins. Euro coins, following their introduction in January 2002, circulate throughout the euro area as sole legal tender in metallic form.
(3) Commission Recommendation 2002/664/EC of 19 August 2002 concerning medals and tokens similar to the euro coins (4) recommended that certain visual characteristics should be avoided in the sale and production, stocking, importation and distribution, for sale or for other commercial purposes, of medals and tokens whose size is close to that of euro coins.
(4) 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.
(5) 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.
(6) The visual characteristics of the euro coins were published by the Commission on 28 December 2001 (6).
(7) Citizens may be led to believe that medals and tokens bearing the terms ‘euro’ or ‘euro cent’, the euro symbol, or a design similar to that which appears on the common face or on any of the national sides of the euro coins, have legal-tender status in any of the Member States that have adopted the euro, or in a participating third country.
(8) 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.
(9) 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.