Regulation 2009/46 - Amendment of Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins - Main contents
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official title
Council Regulation (EC) No 46/2009 of 18 December 2008 amending Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coinsLegal instrument | Regulation |
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Number legal act | Regulation 2009/46 |
Original proposal | COM(2008)514 |
CELEX number i | 32009R0046 |
Document | 18-12-2008 |
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Publication in Official Journal | 22-01-2009; OJ L 17, 22.1.2009,Special edition in Croatian: Chapter 10 Volume 003 |
Effect | 09-02-2009; Entry into force Date pub. + 20 See Art 2 |
End of validity | 31-12-9999 |
22.1.2009 |
EN |
Official Journal of the European Union |
L 17/5 |
COUNCIL REGULATION (EC) No 46/2009
of 18 December 2008
amending Regulation (EC) No 2182/2004 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),
Having regard to the opinion of the European Parliament,
Whereas:
(1) |
Council Regulation (EC) No 2182/2004 (2) prohibits those medals and tokens similar to euro coins. Experience gained implementing the prohibition of medals and tokens similar to euro coins has highlighted the need to clarify the protective provisions and to make the decision-making process more transparent. |
(2) |
The public may be led to believe that some medals and tokens have legal tender status, not only when they bear a design similar to euro coins but also when they bear certain elements of the designs on euro coins. Therefore specific elements of the designs on legal tender euro coins should not be reproduced in the way they are depicted on euro coins. In addition, symbols that are representative of the issuing Member State’s sovereignty should not be reproduced on medals and tokens in the way they are depicted on euro coins. |
(3) |
The Commission, after having consulted the counterfeit coin experts referred to in 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 (3), should specify whether the protective provisions referred to in Regulation (EC) No 2182/2004 have been respected and whether a metallic object is a medal/token. |
(4) |
The specific criteria that are employed by the Commission in declaring conformity with the protective provisions should be clarified and laid down. |
(5) |
The risk of mistaking a medal or a token bearing the terms ‘euro’, ‘euro cent’ or the euro symbol for a legal tender coin is greater where a nominal value is also associated with that medal or token. Therefore, in such cases, the indication ‘Not legal tender’ should be stamped on the obverse or the reverse of the medal or token concerned. |
(6) |
Regulation (EC) No 2182/2004 should therefore be amended accordingly, |
HAS ADOPTED THIS REGULATION:
Article 1
Amendments
Regulation (EC) No 2182/2004 is hereby amended as follows:
1. |
Article 2 shall be replaced by the following: ‘Article 2 Protective provisions
|
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