2001/887/JHA: Council Decision of 6 December 2001 on the protection of the euro against counterfeiting
Definitions
For the purposes of this Decision:
(a) "counterfeit notes" and "counterfeit coins" mean notes and coins defined as such by Article 2 of Regulation (EC) No 1338/2001;
(b) "counterfeiting and offences related to counterfeiting of the euro" means the conduct, in relation to the euro, described in Articles 3 to 5 of Council Framework Decision 2000/383/JHA;
(c) "competent authorities" means the authorities designated by the Member States to centralise information, in particular the national central offices, and to detect, investigate or punish counterfeiting and offences related to counterfeiting of the euro;
(d) "Geneva Convention" means the International Convention for the Suppression of Counterfeiting Currency, signed at Geneva on 20 April 1929 and its Protocol;
(e) "Europol Convention" means the Convention of 26 July 1995 on the establishment of a European police office(7).
Expert analysis of notes and coins
Member States shall ensure that in the context of investigations into counterfeiting and offences related to counterfeiting of the euro:
(a) the necessary expert analyses of suspected counterfeit notes are carried out by a National Analysis Centre (NAC) designated or established pursuant to Article 4(1) of Regulation (EC) No 1338/2001; and
(b) the necessary expert analyses of suspected counterfeit coins are carried out by a Coin National Analysis Centre (CNAC) designated or established pursuant to Article 5(1) of Regulation (EC) No 1338/2001.
Forwarding of the results of expert analyses
Member States shall ensure that the results of the analyses carried out by the NAC and the NCAC in accordance with Article 2 are communicated to Europol in accordance with the Europol Convention.
Obligation to communicate information
1. Member States shall ensure that the national central offices referred to in Article 12 of the Geneva Convention communicate to Europol, in accordance with the Europol Convention, centralised information on investigations into counterfeiting and offences related to counterfeiting of the euro, including information obtained from third countries. The Member States and Europol shall cooperate with a view to determining which information is to be communicated. The information shall, at least, include the particulars of the persons involved, the particulars of the offences, the circumstances in which the offences were discovered, the context of the seizure and links with other cases.
2. The competent authorities of the Member States shall, where appropriate, in investigations into counterfeiting and offences related to the counterfeiting of the euro make use of the facilities offered by the Provisional Judicial Cooperation Unit and, subsequently, the facilities for cooperation offered by Eurojust once it has been established, in accordance with the provisions laid down in the instruments establishing the Provisional Judicial Cooperation Unit and Eurojust.
Entry into force
This Decision shall enter into force on the day of its publication in the Official Journal.
Done at Brussels, 6 December 2001.
For the Council
The President
M. Verwilghen
(1) OJ C 75, 7.3.2001, p. 1.
(2) Opinion delivered on 23 October 2001 (not yet published in the Official Journal).
(3) OJ L 139, 11.5.1998, p. 1.
(4) OJ L 140, 14.6.2000, p. 1.
(5) OJ L 181, 4.7.2001, p. 6.
(6) OJ L 181, 4.7.2001, p. 11.
(7) OJ C 316, 27.11.1995, p. 2. Convention as last amended by Protocol of 30 November 2000 (OJ C 358, 13.12.2000, p. 2).
Source: EUR-Lex (Publications Office of the EU), Β© European Union, reuse permitted under Commission Decision 2011/833/EU.
