2001/912/EC: Decision of the European Central Bank of 8 November 2001 on certain conditions regarding access to the Counterfeit Monitoring System (CMS) (ECB/2001/11)

Decision of the European Central Bank
of 8 November 2001
on certain conditions regarding access to the Counterfeit Monitoring System (CMS)
(ECB/2001/11)
(2001/912/EC)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK
,
Having regard to the Treaty establishing the European Community and in particular to Article 106(1) thereof,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular to Article 16 thereof,
Whereas:
(1) Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting(1) establishes certain measures in connection with the collection and storage of data related to counterfeit banknotes and coins and with access to these data.
(2) The fight against counterfeiting cannot be dealt with only at a euro area level; to this effect, the Council of the European Union has taken measures in relation to the euro under Title VI of the Treaty on European Union (i.e. the third pillar); also, Council Regulation (EC) No 1339/2001 extends the effects of Council Regulation (EC) No 1338/2001 to those Member States which have not adopted the euro as their single currency(2).
(3) The processes and systems already in place for the analysis of counterfeits and for the collection of information relating to counterfeiting need to be built on; the ECB had established the Counterfeit Analysis Centre and the Counterfeit Currency Database; it has become appropriate to reorganise and rename the latter as the "Counterfeit Monitoring System" (CMS) and define its characteristics.
(4) The ECB provides for the conditions that ensure the appropriate procedures for access to the relevant data of the CMS in compliance with Regulations (EC) No 1338/2001 and (EC) No 1339/2001. For this purpose, all national central banks (NCBs) of the European System of Central Banks need to establish their respective National Counterfeit Centres (NCCs) within each NCB and create the role of security administrator of the NCC. The ECB also reaches the necessary arrangements and agreements with the Commission and Europol in order to provide for their appropriate access to the data of the CMS and for the access of the European Technical and Scientific Centre also in compliance with Regulation (EC) No 1338/2001. Any access should respect the relevant minimum security standards. This respect is essential because of the confidential nature of the data of the CMS. The confidential nature of the data means that the information that each of the users of the CMS obtains from the CMS should be used exclusively for the purpose of fulfilling their responsibilities in the fight against counterfeiting of the euro. Limiting access to the data of the CMS helps to ensure confidentiality.
(5) A manual of procedures and the minimum security standards in connection with the CMS are in the process of being approved by the Governing Council of the ECB. They will not be published due to the confidential nature of the data to be introduced and to be accessible in the CMS and to the importance of maintaining a confidential environment for the use of the CMS,