Guideline of the European Central Bank of 20 March 2003 on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes (ECB/2003/5) - Main contents

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Guideline of the European Central Bank of 20 March 2003 on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes (ECB/2003/5)

Official Journal L 078 , 25/03/2003 P. 0020 - 0022

Guideline of the European Central Bank

of 20 March 2003

on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes

(ECB/2003/5)

(2003/206/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 Articles 12.1, 14.3 and 16 of the Statute of the European System of Central Banks and of the European Central Bank,

Having regard to Decision ECB/2003/4 of 20 March 2003 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes(1),

Whereas:

• (1) 

  Guideline of the European Central Bank of 7 July 1998 on certain provisions regarding euro banknotes, as amended on 26 August 1999 (ECB/1999/3)(2), provides for enforcement of the European Central Bank's (ECB's) copyright on euro banknotes.

• (2) 

  The rules on enforcement of the ECB's copyright require updating and supplementing with a comprehensive set of rules and procedures ensuring the protection of euro banknotes against non-compliant reproductions.

• (3) 

  Article 106(1) of the Treaty and Article 16 of the Statute provide that the ECB has the exclusive right to authorise the issue of euro banknotes within the Community. These Articles also provide that the ECB and the national central banks may issue such notes. Pursuant to Article 10 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro(3), the ECB and the national central banks of the participating Member States (hereinafter "NCBs") shall put euro banknotes into circulation. This right to authorise the issue of euro banknotes includes the competence to take measures to protect the integrity of euro banknotes as a means of payment and to establish a minimum level of protection in all participating Member States. Where there is no risk of confusing reproductions of euro banknotes with genuine euro banknotes however, such reproductions should be permitted. In order to prevent such confusion Decision ECB/2003/4 has laid down common rules for the reproduction of euro banknotes.

• (4) 

  Such rules on the reproduction of euro banknotes and the ECB's copyright on euro banknotes need to be applied and enforced, in close cooperation between the ECB and the NCBs and, if appropriate, between them and the relevant national authorities, and are to be applied without prejudice to national criminal laws prohibiting the production, uttering or possession of reproductions of euro banknotes that might be mistaken by the general public for genuine euro banknotes. In this context it is appropriate for the ECB to have recourse to the NCBs in order to prevent or take action against non-compliant reproductions of euro banknotes. In any case, the provisions of the present Guideline should be without prejudice to the application of criminal law, in particular regarding counterfeiting.

• (5) 

  As an additional safeguard of the integrity of euro banknotes as a means of payment, the ECB and the NCBs will endeavour to raise the general public's awareness of ECB decisions concerning its rules on the reproduction of euro banknotes, in particular by publishing such decisions in the national media and in the Official Journal of the European Union.

• (6) 

  The provisions on the exchange and withdrawal of euro banknotes in Decision ECB/2003/4 need to be implemented by the NCBs.

• (7) 

  In order to raise further the general public's awareness of any ECB decision to withdraw types or series of euro banknotes...

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