Economic and Monetary Union Main Euro Cash Legislation 2014 Economic and Financial Aff airs Unless otherwise indicated the texts are published under the responsibility of the: European Commission Directorate-General for Economic and Financial Affairs Unit Communication and interinstitutional relations B-1049 Brussels Belgium E-mail: [email protected] LEGAL NOTICE Neither the European Commission nor any person acting on its behalf may be held responsible for the use which may be made of the information contained in this publication, or for any errors which, despite careful preparation and checking, may appear. This paper exists in English only and can be downloaded from http://ec.europa.eu/economy_finance/publications/. More information on the European Union is available on http://europa.eu. KC-02-14-138-EN-N (online) KC-02-14-138-EN-C (print) ISBN 978-92-79-38730-2 (online) ISBN 978-92-79-38731-9 (print) doi:10.2765/84874 (online) doi:10.2765/84907 (print) © European Union, 2014 Photo by Ana Lope Garcia Reproduction is authorised provided the source is acknowledged. European Commission Directorate-General for Economic and Financial Affairs Economic and Monetary Union Main Euro Cash Legislation 2014 PREFACE Marco Buti Director-General DG Economic and Financial Affairs European Commission The introduction of the single currency on 1 January 1999 and the physical issuance of euro banknotes and coins on 1 January 2002 are key events in the history of the European Union. Following successive enlargements and with Lithuania to introduce the euro in 2015, the euro area will soon number 19 EU Member States which count a population of more than 333 million who share the single currency and benefit from the euro. Four small-sized European countries (Andorra, Monaco, San Marino and the Vatican) use the euro officially through Monetary Agreements with the EU and have the right to issue euro coins, which brings the total number of countries using the euro as official currency to 23 soon. The introduction of the euro has given rise to an intensive legislative activity also on setting the rules on euro cash. This compilation, issued by the European Commission, brings together the core legal texts on euro banknotes and coins. It complements the European Commission's publication "Economic and Monetary Union: Main Legal Texts (2014)" on core legal texts on the functioning of the EMU. The aim of this publication is to cover the main euro cash legislation in the format of a handy booklet. It was, therefore, unavoidable to be selective, despite of the fact that numerous other texts are relevant for the issuance and use of euro cash. INTRODUCTORY NOTE This publication includes extracts from the consolidated versions of the Treaty on European Union and the Treaty on the Functioning of the European Union, as well as the full text of the Monetary Agreements and relevant secondary EU legislation on euro cash. This is a text produced for documentary purposes, for which the institutions of the European Union cannot be held liable. CONTENTS 1. Primary Law 11 1.1. Extract from the Treaty on European Union 11 1.2. Extracts from the Treaty on the Functioning of the European Union 12 1.3. Extract from Protocol (No 4) of the European System of Central Banks and of the European Central Bank 13 2. Monetary Agreements 15 Monetary Agreement between the European Union and the Principality of Andorra 15 Monetary Agreement between the European Union and the Principality of Monaco 39 Monetary Agreement between the European Union and the Republic of San Marino 56 Monetary Agreement between the European Union and the Vatican City State 80 Monetary Agreement between the European Union and the French Republic on keeping the euro in Saint-Barthélemy following the amendment of its status with regard to the European Union 89 3. Secondary legislation 93 3.1. General rules on euro banknotes 93 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 93 Guideline of the European Central Bank of 19 April 2013 amending Guideline ECB/2003/5 on the enforcement of measures to counter non- compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes 98 Guideline of the European Central Bank of 20 July 2012 on the Data Exchange for Cash Services 100 Decision of the European Central Bank of 13 December 2010 on the issue of euro banknotes 1199 Decision of the European Central Bank of 21 June 2013 amending Decision ECB/2010/29 on the issue of euro banknotes 1266 Decision of the European Central Bank of 19 April 2013 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes 1299 3.2. General rules on euro coins 1400 Council Regulation (EU) No 729/2014 of 24 June 2014 on denominations and technical specifications of euro coins intended for circulation 1400 Communication from the Commission on copyright protection of the common face design of the euro coins 149 Regulation (EU) No 651/2012 of the European Parliament and of the Council of 4 July 2012 on the issuance of euro coins 153 Decision of the European Central Bank of 6 December 2013 on the approval of the volume of coin issuance in 2014 158 3.3. Legal tender of euro banknotes and coins 160 Commission Recommendation of 22 March 2010 on the scope and effects of legal tender of euro banknotes and coins 160 3.4. Cross-border transport of euro cash by road 163 Regulation (EU) No 1214/2011 of the European Parliament and of the Council of 16 November 2011 on the professional cross-border transport of euro cash by road between euro-area Member States 163 Council Regulation (EU) No 55/2013 of 17 December 2012 concerning the extension of the scope of Regulation (EU) No 1214/2011 of the European Parliament and of the Council on the professional cross- border transport of euro cash by road between euro area Member States 197 3.5. Protection of the euro against counterfeiting 199 Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA 199 Council regulation (EC) no 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting 210 Competent national authorities referred to in Article 2(b) of Council Regulation (EC) No 1338/2001 221 Council Regulation (EC) No 1339/2001 of 28 June 2001 extending the effects of Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting to those Member States which have not adopted the euro as their single currency 260 Decision of the European Central Bank of 8 November 2001 on certain conditions regarding access to the Counterfeit Monitoring System (CMS) 262 Council Decision of 6 December 2001 on the protection of the euro against counterfeiting 267 Council Decision of 8 December 2003 concerning analysis and cooperation with regard to counterfeit euro coins 270 Council Decision of 8 December 2003 extending the effects of Decision 2003/861/EC concerning analysis and cooperation with regard to counterfeit euro coins to those Member States which have not adopted the euro as their single currency 272 Council Regulation (EC) No 2182/2004 of 6 December 2004 concerning medals and tokens similar to euro coins 274 Council Regulation (EC) No 46/2009 of 18 December 2008 amending Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins 282 Regulation (EU) No 1210/2010 of the European Parliament and of the Council of 15 December 2010 concerning authentication of euro coins and handling of euro coins unfit for circulation 285 Decision of the European Central Bank of 16 September 2010 on the authenticity and fitness checking and recirculation of euro banknotes 294296 Decision of the European Central Bank of 7 September 2012 amending Decision ECB/2010/14 on the authenticity and fitness checking and recirculation of euro banknotes 32427 3.6. Prevention of money laundering 34649 Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing 34649 Regulation (EC) No 1889/2005 of the European Parliament and of the Council of 26 October 2005 on controls of cash entering or leaving the Community 38285 3.7. Euro changeover 389392 Guideline of the European Central Bank of 14 July 2006 on certain preparations for the euro cash changeover and on frontloading and sub-frontloading of euro banknotes and coins outside the euro area 389392 Guideline of the European Central Bank of 19 June 2008 amending Guideline ECB/2006/9 on certain preparations for the euro cash changeover and on frontloading and sub-frontloading of euro banknotes and coins outside the euro area 40306 Commission Recommendation of 10 January 2008 on measures to facilitate future changeovers to the euro 4081 1. PRIMARY LAW 1.1. EXTRACT FROM THE TREATY ON EUROPEAN UNION TITLE I - COMMON PROVISIONS: ARTICLE 3 Article 3 1. The Union's aim is to promote peace, its values and the well-being of its peoples. 2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.