CELEX ID: 32005D0037

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Document:
21.1.2005
EN
Official Journal of the European Union
L 19/73
COMMISSION DECISION
of 29 October 2004
establishing the European Technical and Scientific Centre (ETSC) and providing for coordination of technical actions to protect euro coins against counterfeiting
(2005/37/EC)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,
Having regard to Council Decision 2003/861/EC of 8 December 2003 concerning analysis and cooperation with regard to counterfeit euro coins 
(
1
)
 and Council Decision 2003/862/EC of 8 December 2003 extending the effects of Decision 2003/861/EC concerning analysis and cooperation with regard to counterfeit euro coins to those Member States which have not adopted the euro as their single currency 
(
2
)
,
Whereas:
(1)
Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting 
(
3
)
, and in particular Article 5 thereof, provides for the analysis and classification of counterfeit coins by the Coin National Analysis Centre (CNAC) in each of the EU Member States and by the European Technical and Scientific Centre (ETSC). Council Regulation (EC) No 1339/2001 
(
4
)
 extends the effects of Articles 1 to 11 of Regulation (EC) No 1338/2001 to the Member States which have not adopted the euro as the single currency.
(2)
Since October 2001, the ETSC has been carrying out its tasks on a temporary basis at the French Mint with administrative support and management provided by the Commission, in line with an exchange of letters between the President of the Council and the French Finance Minister of 28 February and 9 June 2000.
(3)
The ETSC contributes to the fulfilment of the objectives of the ‘Pericles’ programme pursuant to Council Decision 2001/923/EC of 17 December 2001 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting 
(
5
)
 and Council Decision 2001/924/EC of 17 December 2001 extending the effects of the Decision establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (Pericles programme) to the Member States which have not adopted the euro as the single currency 
(
6
)
.
(4)
Article 1 of Decision 2003/861/EC provides that the Commission shall establish the ETSC and ensure its functioning and the coordination of the activities of the competent technical authorities to protect euro coins against counterfeiting. Article 1 of Decision 2003/862/EC extends Decision 2003/861/EC to the Member States which have not adopted the euro as the single currency.
(5)
The French authorities have taken the commitment, through a letter from the French Finance Minister, dated 6 September 2004, to maintain the current sharing of the relevant costs. An exchange of letters between the Member of the Commission responsible for the fight against fraud and the French Finance Minister, regarding the establishment of the ETSC on a permanent basis for the analysis and classification of counterfeit euro coins, will reiterate the principles that emerged from the ETSC’s activities during the period it was temporarily hosted at the French Mint, based on the exchange of letters between the Council Presidency and the French Finance Minister on 28 February and 9 June 2000.
(6)
The Economic and Financial Committee (EFC), the European Central Bank, Europol and the competent national authorities should be informed regularly of the activities of the ETSC and of the situation regarding euro coin counterfeiting.
(7)
Therefore, the ETSC should be established within the Commission in Brussels, attached to the European Anti-Fraud Office (OLAF).
(8)
The coordination by the Commission of the measures taken by the competent technical authorities to protect euro coins against counterfeiting includes methods for analysing counterfeit euro coins, the study of new cases of coin counterfeiting and assessment of the consequences, exchanges of information on the activities of the CNACs and the ETSC, external communication on counterfeit coins, the detection of such coins by coin processing equipment and the study of any technical problems relating to these coins.
(9)
This coordination requires the continued efforts, within the Advisory Committee for Coordination of the Fight against Fraud 
(
7
)
, of the Counterfeit Coin Experts Group, comprising the experts in charge of the CNAC and ETSC, which the Commission manages and chairs, while providing periodic information to the EFC.
(10)
In order to act on Decisions 2003/861/EC and 2003/862/EC,
DECIDES:
Article 1
The European Technical and Scientific Centre (ETSC) is established within the Commission in Brussels, attached to OLAF.
Article 2
The ETSC shall analyse and classify every new type of counterfeit euro coin in line with the provisions of Article 5 of Regulation (EC) 1338/2001. It contributes to the fulfilment of the objectives of the Pericles programme pursuant to Article 4 of Decision 2001/923/EC. It assists the Coin National Analysis Centres (CNAC) and the law-enforcement authorities and collaborates with the relevant authorities in the analysis of counterfeit euro coins and the strengthening of protection.
Article 3
The principles on which the organisation of the ETSC will be based are the following:
—
The Commission may second members of its personnel to the French Mint in order to use its facilities for the analysis of coins.
—
In accomplishing its functions, the ETSC will be able to use the personnel and equipment of the French Coin National Analysis Centre and the laboratory of the French Mint in Pessac. The French authorities will place the appropriate personnel and equipment at the disposal of the ETSC as a priority.
—
Under the applicable financial regulations, the part of the expenses attributable to the work carried out by the ETSC will be charged to the general budget of the European Communities. Since France will provide the abovementioned personnel, premises and equipment and will be responsible for their maintenance, the Community budget will meet the salaries of the personnel recruited by the Commission, travelling expenses and sundry minor current expenditure.
OLAF shall define, in cooperation with the French Mint, the rules and administrative modalities applicable to the ETSC.
Article 4
The Commission shall coordinate the necessary actions to protect euro coins against counterfeiting through periodic meetings of counterfeit coin experts.
The Economic and Financial Committee, the European Central Bank, Europol and the competent national authorities shall be kept regularly informed of the ETSC’s activities and of the situation as regards coin counterfeiting.
Done at Brussels, 29 October 2004.
For the Commission
Michaele SCHREYER
Member of the Commission
(
1
)
  
            
OJ L 325, 12.12.2003, p. 44
.
(
2
)
  
            
OJ L 325, 12.12.2003, p. 45
.
(
3
)
  
            
OJ L 181, 4.7.2001, p. 6
.
(
4
)
  
            
OJ L 181, 4.7.2001, p. 11
.
(
5
)
  
            
OJ L 339, 21.12.2001, p. 50
.
(
6
)
  
            
OJ L 339, 21.12.2001, p. 55
.
(
7
)
  Commission Decision 94/140/EC (
OJ L 61, 4.3.1994, p. 27
).

Summary:
Protecting the euro against counterfeiting – European Technical and Scientific Centre
SUMMARY OF:
Decision 2005/37/EC establishing the European Technical and Scientific Centre and the coordination of actions to protect euro coins against counterfeiting
WHAT IS THE AIM OF THE DECISION?
Decision 2005/37/EC establishes the European Technical and Scientific Centre (ETSC) within the 
European Commission
 in Brussels. Originally attached to the 
European Anti-Fraud Office
, the amending Decision (EU) 
2017/1507
 establishes the ETSC within the Commission’s Directorate-General for Economic and Financial Affairs (see 
summary
).
The role of the ETSC is to protect 
euro
 coins against counterfeiting. To this end, it analyses and classifies counterfeit euro coins and assists the national authorities of 
European Union
 (EU) 
Member States
.
KEY POINTS
Tasks of the centre
The ETSC:
analyses and classifies every new type of counterfeit euro coin, in accordance with Regulation (EC) 
No 
1338/2001
 on the protection of the euro against counterfeiting (see 
summary
);
contributes to fulfilling the objectives of the 
Pericles programme
;
carries out certain tasks under Regulations (EU) 
No 
1210/2010
, which sets the rules for checking the authenticity of euro coins (see 
summary
), and (EC) 
No 
2182/2004
, which concerns medals and tokens similar to euro coins (see 
summary
);
assists the coin national analysis centres and law enforcement authorities in their tasks, and collaborates with the relevant authorities in analysing counterfeit euro coins and in the strengthening of the protection of the euro;
performs advanced and non-destructive analysis of high-quality counterfeit euro coins to inform 
Europol
 and law enforcement authorities of emerging threats (a new task added by amending Decision (EU) 
2023/616
).
Technical and scientific analysis of counterfeit euro coins
The ETSC carries out a 
preliminary technical analysis
 in Brussels, and a complementary analysis may be carried out at the French Coin National Analysis Centre, within the French Mint.
The Directorate-General for Economic and Financial Affairs makes available to the ETSC the appropriate technical equipment in order to carry out 
non-destructive analysis
 in Brussels. This is to identify and respond in a timely manner to upcoming threats related to high-quality counterfeit euro coins.
The ETSC can use the personnel and equipment at the French Mint for any necessary 
complementary analysis
 carried out in its premises. These costs are covered by the French authorities.
The 
costs
 for ETSC personnel and the necessary technical equipment for carrying out its tasks in Brussels are covered by the 
EU budget
, as are the costs of ETSC staff missions to the French Mint and various justified minor expenses that may occur while using the technical equipment at its laboratory.
Coordination and information activities
The Commission coordinates the necessary actions to protect euro coins against counterfeiting and ensure an effective and uniform implementation of the authentication procedures in the euro area, among other things, through periodic meetings with Europol and counterfeit coin experts.
The 
Economic and Financial Committee
, the 
European Central Bank
, Europol and the relevant national authorities must be kept regularly informed of the ETSC’s activities and of the situation as regards coin counterfeiting.
Authentication of euro coins
Regulation (EU) 
No 1210/2010
 introduces common rules and procedures within the euro area for checking the authenticity of euro coins in circulation (authentication process) and for handling and reimbursing those coins unfit for circulation.
It states that the ETSC is responsible for defining, among other things: 
the technical specifications for testing the coin-processing machines used for verifying the authenticity of euro coins;
training practices for the staff tasked with checking euro coins;
the validity period of the reports on the tests;
information on the list, published on the Commission’s website, of coin-processing machines that have successfully passed a detection test;
guidelines for annual on-the-spot controls of cash handlers’ capacity to authenticate euro coins;
rules for rectifying coin-processing machines’ non-compliance with the regulation.
Decisions 
2003/861/EC
 and 
2003/862/EC
 provide for the establishment by the Commission of the ETSC and its operation in euro-area and non-euro-area Member States, respectively.
FROM WHEN DOES THE DECISION APPLY?
Decision 2005/37/EC has applied since 
10 February 2005
.
Amending Decision (EU) 2023/616 has applied since 
9 April 2023
.
BACKGROUND
For further information, see:
The European Technical and Scientific Centre (ETSC)
 (European Commission).
MAIN DOCUMENT
Commission Decision 
2005/37/EC
 of 
29 October 2004
 establishing the European Technical and Scientific Centre (ETSC) and providing for coordination of technical actions to protect euro coins against counterfeiting (OJ L 19, 
21.1.2005
, 
pp. 73–74
).
Successive amendments to Decision 2005/37/EC have been incorporated into the original text. This 
consolidated version
 is of documentary value only.
RELATED DOCUMENTS
Commission 
Decision
 of 
19 October 2015
 setting up the Counterfeit Coin Experts Group on the Commission’s policy and Regulations regarding the protection of euro coins against counterfeiting (OJ C 347, 
20.10.2015
, 
pp. 4–6
).
Regulation (EU) 
No 
1210/2010
 of the European Parliament and of the Council of 
15 December 2010
 concerning authentication of euro coins and handling of euro coins unfit for circulation (OJ L 339, 
22.12.2010
, 
pp. 1–5
).
Council Regulation (EC) 
No 
2182/2004
 of 
6 December 2004
 concerning medals and tokens similar to euro coins (OJ L 373, 
21.12.2004
, 
pp. 1–6
).
See 
consolidated version
.
Council Decision 
2003/861/EC
 of 
8 December 2003
 concerning analysis and cooperation with regard to counterfeit euro coins (OJ L 325, 
12.12.2003
, 
p. 44
).
Council Decision 
2003/862/EC
 of 
8 December 2003
 extending the effects of Decision 2003/861/EC concerning analysis and cooperation with regard to counterfeit euro coins to those Member States which have not adopted the euro as their single currency (OJ L 325, 
12.12.2003
, 
p. 45
).
Council Regulation (EC) 
No 
1338/2001
 of 
28 June 2001
 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 181, 
4.7.2001
, 
pp. 6–10
).
See 
consolidated version
.
last update 
5.5.2023

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