Legal provisions of JAI(2004)11 - Initiative of Germany, Spain, France, Italy and the United Kingdom with a view to adopting a Council Decision on protecting the euro against counterfeiting, by designating Europol as the Central Office for combating euro counterfeiting

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16.7.2005   ENOfficial Journal of the European UnionL 185/35



COUNCIL DECISION 2005/511/JHA

of 12 July 2005

on protecting the euro against counterfeiting, by designating Europol as the Central Office for combating euro counterfeiting

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 30(1)(b) and 34(2)(c) thereof,

Having regard to the initiative of the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic and the United Kingdom of Great Britain and Northern Ireland (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)As the legal currency of 12 Member States, the euro has increasingly become a global currency and has therefore become a high-priority target of international counterfeiting organisations in the European Union and third countries.

(2)A further increase in the number of counterfeit euro, which would jeopardise the free circulation of euro banknotes and coins, is to be prevented.

(3)Cooperation among the Member States themselves and between the Member States and Europol needs to be stepped up in order to strengthen the system for the protection of the euro outside the European Union territory.

(4)The International Convention for the Suppression of Counterfeiting Currency agreed on 20 April 1929 in Geneva (hereinafter referred to as the Geneva Convention), should be applied more effectively under the conditions of European integration.

(5)Third countries need a central contact for information on counterfeit euro and all information on counterfeit euro should be brought together at Europol for purposes of analysis.

(6)In view of Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro (3), the Council considers it appropriate for all Member States to become contracting parties to the Geneva Convention and to set up central offices within the meaning of Article 12 of that Convention.

(7)The Council considers it appropriate to designate Europol as the central office for combating euro counterfeiting within the meaning of Article 12 of the Geneva Convention,

HAS DECIDED AS FOLLOWS:

Article 1

1. For the Member States which are Contracting Parties to the Geneva Convention, Europol shall, in accordance with the Declaration in the Annex (hereinafter referred to as the Declaration), act as the central office for combating euro counterfeiting within the meaning of the first sentence of Article 12 of the Geneva Convention. For counterfeiting of all other currencies and for central office functions not delegated to Europol pursuant to the Declaration, the existing competencies of the national central offices shall remain in effect.

2. The governments of the Member States which are Contracting Parties to the Geneva Convention shall issue the Declaration and commission the representative of the Federal Republic of Germany to forward the Declarations to the Secretary-General of the United Nations.

Article 2

This Decision shall take effect on the day of its publication in the Official Journal of the European Union.