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Council Regulation (EC) No 1338/2001 CHAPTER 1 — PURPOSE AND DEFINITIONS

Article 1–Article 2 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

Purpose 1. The purpose of this Regulation is to lay down measures necessary with a view to uttering euro notes and coins in such a manner as to protect them against counterfeiting. 2. For the purpose of applying this Regulation, "counterfeiting" shall mean the following activities: (a) any fraudulent making or altering of euro notes or euro coins, whatever means are employed; (b) the fraudulent uttering of counterfeit euro notes or counterfeit euro coins; (c) the import, export, transport, receiving or obtaining of counterfeit euro notes or counterfeit euro coins with a view to uttering the same and with knowledge that they are counterfeit; (d) the fraudulent making, receiving, obtaining or possession of: - instruments, articles, computer programs and any other means peculiarly adapted for the fraudulent making or altering of euro notes or coins, or - holograms or other components which serve to protect euro notes and coins against fraudulent making or alteration. 3. This Regulation shall apply, without prejudice to the application of national criminal law, to the protection of the euro against counterfeiting.

Article 2

Definitions Within the meaning of this Regulation: (a) "counterfeit notes" and "counterfeit coins" shall mean notes and coins denominated in euro or which have the appearance of euro notes or coins and which have been fraudulently made or altered; (b) "competent national authorities" shall mean the authorities designated by the Member States for: - identifying counterfeit notes and coins; - gathering and analysing technical and statistical data relating to counterfeit notes, in particular national central banks or other empowered bodies; - gathering and analysing technical and statistical data relating to counterfeit coins, in particular national mints, national central banks or other empowered bodies; - gathering data relating to counterfeiting of the euro and submitting them to analysis, in particular the national central offices referred to in Article 12 of the Geneva Convention; (c) "credit institutions" shall mean the credit institutions referred to in the first subparagraph of Article 1(1) of Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions(9); (d) "technical and statistical data" shall mean data by means of which counterfeit notes or counterfeit coins may be identified (technical description of type of counterfeit) and data on the number of counterfeit notes and counterfeit coins by their origin, in particular geographical; (e) "Geneva Convention" shall mean the International Convention for the Suppression of Counterfeiting Currency, signed at Geneva on 20 April 1929(10); (f) "Europol Convention" shall mean the Convention of 26 July 1995 on the establishment of Europol(11). CHAPTER 2 TECHNICAL AND STATISTICAL DATA

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