欧洲议会和理事会条例(EU) No 1214/2011,欧元区成员国之间关于欧元现金的专业跨境道路运输
技术法规类型:欧盟Eurlex法规 来源:tbtmap
EURLEX ID:32011R1214
OJ编号:OJ L 316, 29.11.2011, p. 1-20
中文标题:欧洲议会和理事会条例(EU) No 1214/2011,欧元区成员国之间关于欧元现金的专业跨境道路运输
原文标题: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
分类:10.20_货币政策
文件类型:二级立法 Regulation|条例
生效日期:2012-11-29
废止日期:2058-12-31
法规全文:查看欧盟官方文件
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29.11.2011 Official
Journal
of
the
European
Union
L
316/1
I
(Legislative acts)
REGULATIONS
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
professional cross-border transport of euro cash by road
EUROPEAN UNION,
between participating Member States. This situation is in
contradiction to the principle of the free circulation of
the euro and is to the detriment of the principle of
Having regard to the Treaty on the Functioning of the European
freedom to provide services, which are among the funda
Union, and in particular Article 133 thereof,
mental principles of the European Union.
Having regard to the proposal from the European Commission,
(3)
This Regulation is the response to the possible presen
tation of harmonisation instruments for the transport of
cash, as expressed in Article 38(b) of Directive
After transmission of the draft legislative act to the national
2006/123/EC of the European Parliament and of the
parliaments,
Council of 12 December 2006 on services in the
internal market ( 3 ).
Having regard to the opinion of the European Central Bank ( 1 ),
(4) With
a
view
to
improving
CIT
security
for
both
the
CIT
security staff involved and the public, use of the intel
Acting in accordance with the ordinary legislative procedure ( 2 ),
ligent banknote neutralisation system (IBNS) should be
encouraged and, after a thorough analysis of the potential
impacts by the Commission, should be capable of being
Whereas:
developed in a manner entailing harmonisation of IBNS
among the participating Member States, without
prejudice to the rules set out in this Regulation on
(1) The
introduction
of
the
euro
has
considerably
increased
applicable transport arrangements.
the need for cross-border transport of cash by road.
Within the euro area, banks, the large retail sector and
other professional cash handlers should be able to
contract with the cash-in-transit (CIT) company that
(5)
In view of the particular dangers to the health and life of
offers the best price and/or service and to take
both CIT security staff and the general public that are
advantage of the cash services of the nearest national
associated with the activity of transporting cash, it is
central bank (NCB) branch or CIT cash centre, even if
appropriate that the cross-border transport of euro cash
it is located in another Member State. Furthermore, a
be subject to holding a specific cross-border CIT-licence.
large number of Member States whose currency is the
Such a licence should be held in addition to the national
euro (hereinafter ‘participating Member States’) have
CIT licence that is required in most participating Member
arranged, or may want to arrange for, euro banknotes
States, the form of which this Regulation does not
and coins to be produced abroad. The very principle of a
harmonise. It is, moreover, appropriate that CIT
single currency implies the freedom to move cash
companies established in those participating Member
between participating Member States.
States which do not have a specific approval procedure
for CIT-companies in addition to their general rules for
the security or transport sectors, demonstrate a minimum
experience of 24 months of regularly transporting cash
(2) Due
to
the
marked
differences
between
Member
States’
national law, it is generally very difficult to carry out the
in the Member State of establishment without infringing
national law before they are granted a cross-border CIT
licence by that Member State. Such an approach would
( 1 ) OJ C 278, 15.10.2010, p. 1.
increase mutual confidence between Member States.
( 2 ) Position of the European Parliament of 27 September 2011 (not yet
published in the Official Journal) and decision of the Council of
27 October 2011.
( 3 ) OJ L 376, 27.12.2006, p. 36.
L 316/2
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Official Journal of the European Union
29.11.2011
(6) In
order
to
avoid
the
duplication
of
obligations
and
the
characteristics of the CIT sector, it is normal practice for
introduction of an unnecessarily burdensome procedure,
a CIT vehicle to carry out a much larger number of euro
it is furthermore appropriate to provide that the holder
cash deliveries/pick-ups per day. It is therefore appro
of a cross-border CIT licence is not required also to hold
priate to derogate from Regulation (EC) No 1072/2009
a Community licence for the international carriage of
by not imposing any limit upon the number of euro cash
goods by road, as laid down in Regulation (EC)
deliveries/pick-ups that a CIT vehicle may carry out in a
No 1072/2009 of the European Parliament and of the
host Member State during a single day.
Council of 21 October 2009 on common rules for
access to the international road haulage market ( 1 ).
(13) National
rules
governing
the
behaviour
of
CIT
security
(7) The
professional
cross-border
transport
of
euro
cash
by
staff outside a CIT vehicle and governing the security of
road between participating Member States should fully
euro cash delivery/pick-up locations should not cover the
comply with this Regulation or with the law of the
possible use of banknote neutralisation systems in
Member State of origin, the host Member State and, if
combination with the transport of banknotes in a fully-
applicable, the Member State of transit.
armoured CIT vehicle not equipped with IBNS.
(8)
This Regulation is designed to allow the professional
cross-border transport of euro cash by road between
(14) Article 1(3)(a) of Directive 96/71/EC of the European
participating Member States under conditions that
Parliament and of the Council of 16 December 1996
guarantee the security of the transaction, the safety of
concerning the posting of workers in the framework of
the CIT security staff involved and of the public and
the provision of services (
the free movement of euro cash. In accordance with
2 ) covers posting situations
where an undertaking provides transnational services
normal market practice, it is also appropriate to allow
on its own account and under its direction under a
a limited value of non-euro cash to be transported in the
contract concluded between the undertaking and the
same CIT vehicle.
party for whom the services are intended.
(9) In
view
of
the
specific
requirements
facing
cross-border
CIT workers, it is appropriate that they follow a specific
cross-border training module as detailed in Annex VI. In
(15) Considering
the
specific
nature
of
CIT
transport
services,
order to avoid unnecessary duplication, the cross-border
there is a need to provide for the analogous application
training module should not include the elements already
of Directive 96/71/EC to all cross-border euro cash
covered by compulsory training required for carrying out
transport services in order to provide legal certainty for
the domestic CIT activity.
operators and ensure the practical applicability of the
Directive in that sector.
(10) Due
to
the
specific
conditions
in
the
CIT
sector,
it
is
difficult to organise safe multi-day euro cash deliveries.
It is therefore appropriate that a CIT vehicle carrying out
(16) Due to the specificity of the transport activities
the professional cross-border transport of euro cash by
concerned and the occasional character of some of
road return to its Member State of origin on the same
those activities, the analogous application of the
day.
minimum protection rules laid down in Directive
96/71/EC should be limited to the minimum rates of
pay, including overtime rates, as referred to in
Article 3(1)(c) of that Directive and these should be guar
(11) The
Commission should put forward a proposal to
anteed for the duration of the whole working day in
amend the definition of ‘daytime’ and/or of the
order not to impose an unnecessary administrative
minimum required length of ad-hoc initial training laid
burden on the operators. As referred to in Directive
down in this Regulation in the event that the social
96/71/EC, and within the limits of the case law of the
partners at Union level agree that another definition is
Court of Justice of the European Union, the concept of
more appropriate.
minimum rates of pay is defined by the national law or
practice of the Member State where the worker is posted.
Where, as a result of contracts, regulations, adminis
trative provisions or practical arrangements, a CIT
(12) According to Regulation (EC) No
1072/2009, the
worker carries out cross-border transport for more than
number of operations that may be carried out in the
100 working days in a calendar year in another Member
host Member State following the international carriage
State, it is appropriate that the minimum protection rules
from another Member State is limited to three cabotage
laid down in Directive 96/71/EC apply to such a worker
operations within 7 days. However, due to the specific
mutatis mutandis.
( 1 ) OJ L 300, 14.11.2009, p. 72.
( 2 ) OJ L 18, 21.1.1997, p. 1.
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(17) The
application
of
minimum
protection
rules
in
the
host
(b) ‘cross-border transport of euro cash by road’ means the
Member State should be without prejudice to the appli
professional transport, either for remuneration on behalf
cation of terms and conditions of employment which are
of third parties or carried out within a cash-in-transit (here
more favourable to the worker under the law, collective
inafter ‘CIT’) company, by a CIT vehicle by road of euro
agreement or employment contract in the worker’s
banknotes or coins from a participating Member State, for
Member State of origin.
supplying euro banknotes or coins to, or collecting them
from, one or more locations in one or more other partici
pating Member States, and in the Member State of origin –
(18) For
the
purpose
of
establishing
the
relevant
minimum
without prejudice to the transport of a maximum of 20 %
protection rules, it is appropriate that the provisions on
of non-euro cash in relation to the total value of cash
information cooperation in Article 4 of Directive
transported in the same CIT vehicle – where the majority
96/71/EC apply mutatis mutandis. In this respect,
of euro cash deliveries/pick-ups made by a CIT vehicle
Member States should be able to avail themselves of
during the same day is carried out on the territory of the
the administrative cooperation and exchange of
host Member State, or, in the case of point-to-point
information provided for in Directive 96/71/EC.
transport, where the transport takes place between two
different participating Member States;
(19) This Regulation is without prejudice to the application of
Regulation (EC) No
1889/2005 of the European
(c) ‘cross-border CIT licence’ means a licence delivered by the
Parliament and of the Council of 26 October 2005 on
granting authority of the Member State of origin which
controls of cash entering or leaving the Community ( 1 ).
authorises the holder to carry out the cross-border
transport of euro cash by road between participating
Member States in accordance with the conditions laid
(20) In order to take into account technological progress and
down in this Regulation;
possible new European standards, the power to adopt
acts in accordance with Article 290 of the Treaty on
the Functioning of the European Union (TFEU) should
be delegated to the Commission in respect of the
(d) ‘granting authority’ means the authority in the Member
amendment of the technical rules on standards in
State of origin in charge of issuing the cross-border CIT
regard to the IBNS, the armouring of CIT vehicles,
licence;
bulletproof vests and weapons strong-boxes. It is of
particular importance that the Commission carry out
appropriate consultations during its preparatory work,
(e) ‘Member State of origin’ means the participating Member
including at expert level and of the social partners. The
State in whose territory the CIT company is established.
Commission, when preparing and drawing up delegated
The CIT company is considered to be established if it is
acts, should ensure a simultaneous, timely and appro
actually pursuing an economic activity, in accordance with
priate transmission of relevant documents to the
Article 49 TFEU, for an indefinite period, through a stable
European Parliament and to the Council.
infrastructure from where the business of providing services
is actually carried out;
(21) In
accordance
with
the
principle
of
proportionality,
as
set
out in Article 5 of the Treaty on European Union, this
(f) ‘host Member State’ means one or more participating
Regulation does not go beyond what is necessary in
Member States in which a CIT company provides the
order to achieve its objective, namely to facilitate the
service of delivering/picking up euro cash other than its
professional cross-border transport of euro cash by
Member State of origin;
road between euro-area Member States,
HAVE ADOPTED THIS REGULATION:
(g) ‘Member State of transit’ means one or more participating
Member States other than the Member State of origin
which the CIT vehicle crosses in order either to reach the
SECTION 1
host Member State or to return to the Member State of
origin;
COMMON RULES GOVERNING ALL CROSS-BORDER
TRANSPORT OF EURO CASH BY ROAD
Article 1
(h) ‘daytime’, when referring to transport, means transport
carried out between 06.00 and 22.00;
Definitions
For the purpose of this Regulation, the following definitions
shall apply:
(i) ‘CIT
security
staff’
means
the
employees
instructed
to
drive
the CIT vehicle in which the euro cash is being carried or
to protect its contents;
(a) ‘participating Member States’ means those Member States
whose currency is the euro;
(j) ‘CIT vehicle’ means a vehicle used for the professional
( 1 ) OJ L 309, 25.11.2005, p. 9.
transport of euro cash by road;
L 316/4
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Official Journal of the European Union
29.11.2011
(k) ‘vehicle of ordinary appearance’ means a CIT vehicle which
(s) ‘EU official languages’ means the languages referred to in
has a normal appearance and does not bear any distinctive
Article 1 of Regulation No 1 determining the languages to
signs indicating that it belongs to a CIT company or that it
be used by the European Economic Community ( 1 ).
is used for the purposes of transporting euro cash;
Article 2
(l) ‘point-to-point
transport’
means
transport
from
one
secure
Exclusions
location to another, without any intermediate stops;
1. The
transport
of
euro
banknotes
and
coins
shall
be
excluded from the scope of this Regulation where it is:
(m) ‘secured area’ means a delivery/pick-up point for euro cash
located within a building and secured against unauthorised
access in terms of equipment (anti-intrusion systems) and
(a) carried out on the account of, and between, NCBs, or
access procedures for persons;
between banknote printing works and/or mints of partici
pating Member States and the relevant NCBs; and
(n) ‘secure location’ means a location within a secured area,
(b) escorted by the military or the police.
which is accessible to CIT vehicles and in which CIT
vehicles can be loaded and unloaded in a secure manner;
2. The
exclusive
transport
of
euro
coins
shall
be
excluded
from the scope of this Regulation where it is:
(o) to ‘neutralise’ a banknote means to mutilate or damage it
by staining or by other means as specified in Annex II;
(a) carried out on the account of, and between, NCBs, or
between mints of participating Member States and the
(p) ‘intelligent banknote neutralisation system’ or ‘IBNS’ means
relevant NCBs; and
a system that meets the following conditions:
(b) escorted by the military or the police or by private security
(i) the banknote container continuously protects the
staff in separate vehicles.
banknotes by means of a euro cash neutralisation
system, from a secured area to the euro cash delivery
point or from the euro cash pick-up point to a secured
Article 3
area;
Place of departure, maximum duration and number of euro
cash deliveries/pick-ups
(ii) the CIT security staff is not able to open the container
1. Cross-border transport of euro cash provided in
outside the pre-programmed time periods and/or
accordance with this Regulation shall be carried out during
locations or to change the pre-programmed time
the daytime.
periods and/or locations where the container can be
opened once the euro cash transport operation has
2. A
CIT
vehicle
carrying
out
cross-border
transport
of
euro
been initiated;
cash shall start its journey from its Member State of origin and
shall return to it on the same day.
(iii) the container is equipped with a mechanism for
permanently neutralising the banknotes if any unauth
3. By
derogation
from
paragraphs
1
and
2,
point-to-point
orised attempt is made to open the container; and
transport may be carried out within a time-slot of 24 hours,
provided that night-time transport of euro cash is allowed under
national rules of the Member State of origin, of the Member
(iv) the requirements laid down in Annex II are complied
State of transit and of the host Member State.
with;
4. By way of derogation from Regulation (EC)
(q) ‘end-to-end IBNS’ means IBNS that is equipped for end-to-
No 1072/2009, there shall be no limit to the number of euro
end use, namely the banknotes remain inaccessible to CIT
cash deliveries/pick-ups that a CIT vehicle may carry out in a
security staff at all times and are under continuous
host Member State during the same day.
protection by the IBNS from secured area to secured area
or, for cassettes for Automated Teller Machines (ATMs) or
other types of cash dispensers, from a secured area to the
Article 4
interior of the ATMs or the other types of cash dispensers;
Cross-border CIT licence
1. A
company
wishing
to
undertake
cross-border
transport
(r) ‘A1’
and
‘B1’,
when
referring
to
the
level
of
language
skills,
of euro cash by road shall apply for a cross-border CIT licence
mean the levels established by the Council of Europe’s
from the granting authority in its Member State of origin.
Common European Framework of Reference for Languages,
as referred to in Annex VII;
( 1 ) OJ 17, 6.10.1958, p. 385.
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2. The
cross-border
CIT
licence
shall
be
granted
for
a
period (c) they have successfully followed at least 200 hours of ad hoc
of 5 years by the national granting authority, provided that the
initial training, not including any training on the use of
applicant company meets the following conditions:
firearms.
(a) it is approved to carry out CIT transport within its Member
The minimum requirements for the ad hoc initial training
State of origin or, if the Member State has no specific
referred to in point (c) are set out in Annex VI. CIT security
approval procedure for CIT companies in addition to its
staff shall follow further training activities in the areas set out in
general rules for the security or transport sector, it is able
point 3 of Annex VI, at least every 3 years.
to provide evidence that it has had regular business trans
porting cash for at least 24 months within its Member State
of origin prior to the application with no infringements of
that Member State’s national law governing such activities;
2. At
least
one
member
of
the
CIT
security
staff
in
the
CIT
vehicle shall have at least A1-level language skills in the
languages used by the local authorities and the population in
(b) its managers and the members of its board do not have a
the relevant areas of the Member State of transit and of the host
relevant entry in a criminal record and are of good repute
Member State. The CIT vehicle shall, furthermore, be in
and integrity, according to, for instance, relevant police
constant radio contact, via the CIT company’s control centre,
records;
with someone who has at least B1-level language skills in the
languages used by the local authorities and the population in
the relevant areas of the Member State of transit and of the host
Member State, so as to ensure that effective communication
(c) it has a valid civil liability insurance to cover at least third-
with the national authorities is possible at all times.
party damage to life and property, regardless of whether the
cash transported is insured thereunder;
Article 6
(d) the applicant company, its CIT security staff, vehicles and
Carrying of weapons
security procedures employed in or applied for the purposes
of cross-border transport of euro cash comply with this
1. CIT
security
staff
shall
comply
with
the
law
of
the
Regulation or, where expressly referred to in this Regulation,
Member State of origin, of the Member State of transit and of
with national law specifically relating to the transport of
the host Member State as regards the carrying of weapons and
cash.
the maximum permitted calibre.
3. The
cross-border
CIT
licence
shall
be
drawn
up
in 2. When
entering
the
territory
of
a
Member
State
the
law
of
accordance with the model and the physical characteristics
which does not allow CIT security staff to be armed, any
defined in Annex I. CIT security staff in CIT vehicles engaged
weapons in the possession of the CIT security staff shall be
in the professional cross-border transport of euro cash by road
placed in an on-board weapons strong-box which meets the
shall, at all times, be able to show the inspection authorities the
European standard EN 1143-1. Such weapons shall remain
original or a certified copy of a valid cross-border CIT licence.
inaccessible to the CIT security staff throughout the journey
across that Member State’s territory. They may be removed
from the weapons strong-box when entering the territory of a
4. The
cross-border
CIT
licence
shall
allow
the
company
to Member State whose law allows CIT security staff to be armed
carry out cross-border transport of euro cash under the terms of
and shall be removed from it when entering the territory of a
this Regulation. By way of derogation from Regulation (EC)
Member State whose law requires CIT security staff to be armed.
No 1072/2009, the holder of such a licence shall not be
Opening the weapons strong-box shall require remote inter
required to possess a Community licence for the international
vention by the CIT vehicle’s control centre and shall be condi
carriage of goods by road.
tional upon verification by the control centre of the vehicle’s
exact geographical location.
Article 5
CIT security staff
The requirements set out in the first subparagraph shall also
apply if the type or the calibre of the weapon is not allowed
1. All
members
of
the
CIT
security
staff
shall
satisfy
the under the law of the Member State of transit or of the host
following requirements:
Member State.
(a) they do not have a relevant entry in a criminal record and
3. Where
a
CIT
vehicle
whose
Member
State
of
origin
does
are of good repute and integrity according to, for instance,
not allow CIT security staff to carry arms, enters the territory of
relevant police records;
a Member State whose law requires CIT security staff to carry
arms, the CIT company shall ensure that the CIT security staff
on board is provided with the required weapons and that they
(b) they have a medical certificate certifying that their physical
fulfil the minimum training requirements of the host Member
and mental health is adequate for the task to be performed;
State.
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4. CIT security staff who are armed or who travel in a CIT
undertakings carrying out cross-border transport of euro cash in
vehicle with arms on board shall have a professional weapons
CIT vehicles using IBNS shall supply written evidence of
licence or authorisation issued by the national authorities of the
approval of the IBNS model used within 48 hours.
Member State of transit and/or the host Member State, where
those Member States allow CIT security staff to be armed, and
Article 8
fulfil all the national requirements for that professional weapons
licence or authorisation. For that purpose, Member States may
Role of the national police forces
recognise the professional weapons licence or authorisation of
the other Member State.
This Regulation is without prejudice to the application of
national rules that require:
5. Member
States
shall
establish
a
single
central
national (a) cash-transport operations to be notified to the police in
contact point to which CIT companies established in other
advance;
Member States may submit applications for a professional
weapons licence or authorisation for their CIT security staff.
(b) CIT vehicles to be equipped with a device that allows them
Federal Member States may establish contact points at State
to be tracked at a remote distance by the police;
level. Member States shall inform the applicant of the
outcome of the application within 3 months from the
submission of a complete application file.
(c) high-value point-to-point transport to be escorted by the
police.
Article 9
6. In
order
to
make
it
easier
for
CIT
security
staff
who
are
employed by a company established in another Member State to
Rules to ensure the security of the cash delivery/pick-up
fulfil the national requirements for obtaining a professional
locations in the host Member State
weapons licence or authorisation, Member States shall provide
for validation of equivalent professional weapons training
This Regulation is without prejudice to the application of
followed in the Member State where the applicant’s employer
national rules governing the behaviour of CIT security staff
is established. If this is not possible, Member States shall ensure
outside a CIT vehicle and the security of the locations where
that the necessary professional weapons training is provided on
cash is delivered/picked up in the Member State concerned.
their own territory in an EU official language which is an
official language of the Member State where the applicant’s
Article 10
employer is established.
Removal of neutralised banknotes from circulation
CIT companies operating under this Regulation shall remove
Article 7
from circulation all banknotes that may have been neutralised
that they encounter while carrying out their activities. They shall
CIT vehicle equipment
hand over those banknotes to the appropriate NCB branch of
1. CIT
vehicles
shall
be
equipped
with
a
global
navigation their Member State of origin and provide a written statement on
system. The CIT company’s control centre shall be able
the cause and nature of the neutralisation. If those banknotes
continuously and accurately to locate its vehicles.
are collected in a host Member State, the NCB of the host
Member State shall be informed by the NCB of the Member
State of origin.
2. CIT
vehicles
shall
be
equipped
with
appropriate
communi
Article 11
cation tools to allow contact to be made at any time with the
control centre of the CIT company operating the vehicles and
Mutual information
with the competent national authorities. The emergency
numbers to contact the police authorities in the Member State
1. Member
States
shall
submit
to
the
Commission
the
rules
of transit or in the host Member State shall be available in the
referred to in Articles 8 and 9 as well as information on which
vehicles.
IBNS have been homologated by them and shall immediately
inform the Commission of any change affecting those rules and
homologations. The Commission shall ensure that those rules as
well as a list of homologated IBNS are published in all the EU
3. CIT
vehicles
shall
be
equipped
in
a
manner
that
allows
the official languages which are the official languages of the relevant
registration of the time and location of all euro cash
participating Member States through the appropriate channels,
deliveries/pick-ups in order to make it possible for the
with a view to informing swiftly all the actors involved in a CIT
proportion of euro cash deliveries/pick-ups referred to in
cross-border activity.
Article 1(b) to be checked at any ti
29.11.2011 Official
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I
(Legislative acts)
REGULATIONS
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
professional cross-border transport of euro cash by road
EUROPEAN UNION,
between participating Member States. This situation is in
contradiction to the principle of the free circulation of
the euro and is to the detriment of the principle of
Having regard to the Treaty on the Functioning of the European
freedom to provide services, which are among the funda
Union, and in particular Article 133 thereof,
mental principles of the European Union.
Having regard to the proposal from the European Commission,
(3)
This Regulation is the response to the possible presen
tation of harmonisation instruments for the transport of
cash, as expressed in Article 38(b) of Directive
After transmission of the draft legislative act to the national
2006/123/EC of the European Parliament and of the
parliaments,
Council of 12 December 2006 on services in the
internal market ( 3 ).
Having regard to the opinion of the European Central Bank ( 1 ),
(4) With
a
view
to
improving
CIT
security
for
both
the
CIT
security staff involved and the public, use of the intel
Acting in accordance with the ordinary legislative procedure ( 2 ),
ligent banknote neutralisation system (IBNS) should be
encouraged and, after a thorough analysis of the potential
impacts by the Commission, should be capable of being
Whereas:
developed in a manner entailing harmonisation of IBNS
among the participating Member States, without
prejudice to the rules set out in this Regulation on
(1) The
introduction
of
the
euro
has
considerably
increased
applicable transport arrangements.
the need for cross-border transport of cash by road.
Within the euro area, banks, the large retail sector and
other professional cash handlers should be able to
contract with the cash-in-transit (CIT) company that
(5)
In view of the particular dangers to the health and life of
offers the best price and/or service and to take
both CIT security staff and the general public that are
advantage of the cash services of the nearest national
associated with the activity of transporting cash, it is
central bank (NCB) branch or CIT cash centre, even if
appropriate that the cross-border transport of euro cash
it is located in another Member State. Furthermore, a
be subject to holding a specific cross-border CIT-licence.
large number of Member States whose currency is the
Such a licence should be held in addition to the national
euro (hereinafter ‘participating Member States’) have
CIT licence that is required in most participating Member
arranged, or may want to arrange for, euro banknotes
States, the form of which this Regulation does not
and coins to be produced abroad. The very principle of a
harmonise. It is, moreover, appropriate that CIT
single currency implies the freedom to move cash
companies established in those participating Member
between participating Member States.
States which do not have a specific approval procedure
for CIT-companies in addition to their general rules for
the security or transport sectors, demonstrate a minimum
experience of 24 months of regularly transporting cash
(2) Due
to
the
marked
differences
between
Member
States’
national law, it is generally very difficult to carry out the
in the Member State of establishment without infringing
national law before they are granted a cross-border CIT
licence by that Member State. Such an approach would
( 1 ) OJ C 278, 15.10.2010, p. 1.
increase mutual confidence between Member States.
( 2 ) Position of the European Parliament of 27 September 2011 (not yet
published in the Official Journal) and decision of the Council of
27 October 2011.
( 3 ) OJ L 376, 27.12.2006, p. 36.
L 316/2
EN
Official Journal of the European Union
29.11.2011
(6) In
order
to
avoid
the
duplication
of
obligations
and
the
characteristics of the CIT sector, it is normal practice for
introduction of an unnecessarily burdensome procedure,
a CIT vehicle to carry out a much larger number of euro
it is furthermore appropriate to provide that the holder
cash deliveries/pick-ups per day. It is therefore appro
of a cross-border CIT licence is not required also to hold
priate to derogate from Regulation (EC) No 1072/2009
a Community licence for the international carriage of
by not imposing any limit upon the number of euro cash
goods by road, as laid down in Regulation (EC)
deliveries/pick-ups that a CIT vehicle may carry out in a
No 1072/2009 of the European Parliament and of the
host Member State during a single day.
Council of 21 October 2009 on common rules for
access to the international road haulage market ( 1 ).
(13) National
rules
governing
the
behaviour
of
CIT
security
(7) The
professional
cross-border
transport
of
euro
cash
by
staff outside a CIT vehicle and governing the security of
road between participating Member States should fully
euro cash delivery/pick-up locations should not cover the
comply with this Regulation or with the law of the
possible use of banknote neutralisation systems in
Member State of origin, the host Member State and, if
combination with the transport of banknotes in a fully-
applicable, the Member State of transit.
armoured CIT vehicle not equipped with IBNS.
(8)
This Regulation is designed to allow the professional
cross-border transport of euro cash by road between
(14) Article 1(3)(a) of Directive 96/71/EC of the European
participating Member States under conditions that
Parliament and of the Council of 16 December 1996
guarantee the security of the transaction, the safety of
concerning the posting of workers in the framework of
the CIT security staff involved and of the public and
the provision of services (
the free movement of euro cash. In accordance with
2 ) covers posting situations
where an undertaking provides transnational services
normal market practice, it is also appropriate to allow
on its own account and under its direction under a
a limited value of non-euro cash to be transported in the
contract concluded between the undertaking and the
same CIT vehicle.
party for whom the services are intended.
(9) In
view
of
the
specific
requirements
facing
cross-border
CIT workers, it is appropriate that they follow a specific
cross-border training module as detailed in Annex VI. In
(15) Considering
the
specific
nature
of
CIT
transport
services,
order to avoid unnecessary duplication, the cross-border
there is a need to provide for the analogous application
training module should not include the elements already
of Directive 96/71/EC to all cross-border euro cash
covered by compulsory training required for carrying out
transport services in order to provide legal certainty for
the domestic CIT activity.
operators and ensure the practical applicability of the
Directive in that sector.
(10) Due
to
the
specific
conditions
in
the
CIT
sector,
it
is
difficult to organise safe multi-day euro cash deliveries.
It is therefore appropriate that a CIT vehicle carrying out
(16) Due to the specificity of the transport activities
the professional cross-border transport of euro cash by
concerned and the occasional character of some of
road return to its Member State of origin on the same
those activities, the analogous application of the
day.
minimum protection rules laid down in Directive
96/71/EC should be limited to the minimum rates of
pay, including overtime rates, as referred to in
Article 3(1)(c) of that Directive and these should be guar
(11) The
Commission should put forward a proposal to
anteed for the duration of the whole working day in
amend the definition of ‘daytime’ and/or of the
order not to impose an unnecessary administrative
minimum required length of ad-hoc initial training laid
burden on the operators. As referred to in Directive
down in this Regulation in the event that the social
96/71/EC, and within the limits of the case law of the
partners at Union level agree that another definition is
Court of Justice of the European Union, the concept of
more appropriate.
minimum rates of pay is defined by the national law or
practice of the Member State where the worker is posted.
Where, as a result of contracts, regulations, adminis
trative provisions or practical arrangements, a CIT
(12) According to Regulation (EC) No
1072/2009, the
worker carries out cross-border transport for more than
number of operations that may be carried out in the
100 working days in a calendar year in another Member
host Member State following the international carriage
State, it is appropriate that the minimum protection rules
from another Member State is limited to three cabotage
laid down in Directive 96/71/EC apply to such a worker
operations within 7 days. However, due to the specific
mutatis mutandis.
( 1 ) OJ L 300, 14.11.2009, p. 72.
( 2 ) OJ L 18, 21.1.1997, p. 1.
EN
29.11.2011 Official
Journal
of
the
European
Union
L
316/3
(17) The
application
of
minimum
protection
rules
in
the
host
(b) ‘cross-border transport of euro cash by road’ means the
Member State should be without prejudice to the appli
professional transport, either for remuneration on behalf
cation of terms and conditions of employment which are
of third parties or carried out within a cash-in-transit (here
more favourable to the worker under the law, collective
inafter ‘CIT’) company, by a CIT vehicle by road of euro
agreement or employment contract in the worker’s
banknotes or coins from a participating Member State, for
Member State of origin.
supplying euro banknotes or coins to, or collecting them
from, one or more locations in one or more other partici
pating Member States, and in the Member State of origin –
(18) For
the
purpose
of
establishing
the
relevant
minimum
without prejudice to the transport of a maximum of 20 %
protection rules, it is appropriate that the provisions on
of non-euro cash in relation to the total value of cash
information cooperation in Article 4 of Directive
transported in the same CIT vehicle – where the majority
96/71/EC apply mutatis mutandis. In this respect,
of euro cash deliveries/pick-ups made by a CIT vehicle
Member States should be able to avail themselves of
during the same day is carried out on the territory of the
the administrative cooperation and exchange of
host Member State, or, in the case of point-to-point
information provided for in Directive 96/71/EC.
transport, where the transport takes place between two
different participating Member States;
(19) This Regulation is without prejudice to the application of
Regulation (EC) No
1889/2005 of the European
(c) ‘cross-border CIT licence’ means a licence delivered by the
Parliament and of the Council of 26 October 2005 on
granting authority of the Member State of origin which
controls of cash entering or leaving the Community ( 1 ).
authorises the holder to carry out the cross-border
transport of euro cash by road between participating
Member States in accordance with the conditions laid
(20) In order to take into account technological progress and
down in this Regulation;
possible new European standards, the power to adopt
acts in accordance with Article 290 of the Treaty on
the Functioning of the European Union (TFEU) should
be delegated to the Commission in respect of the
(d) ‘granting authority’ means the authority in the Member
amendment of the technical rules on standards in
State of origin in charge of issuing the cross-border CIT
regard to the IBNS, the armouring of CIT vehicles,
licence;
bulletproof vests and weapons strong-boxes. It is of
particular importance that the Commission carry out
appropriate consultations during its preparatory work,
(e) ‘Member State of origin’ means the participating Member
including at expert level and of the social partners. The
State in whose territory the CIT company is established.
Commission, when preparing and drawing up delegated
The CIT company is considered to be established if it is
acts, should ensure a simultaneous, timely and appro
actually pursuing an economic activity, in accordance with
priate transmission of relevant documents to the
Article 49 TFEU, for an indefinite period, through a stable
European Parliament and to the Council.
infrastructure from where the business of providing services
is actually carried out;
(21) In
accordance
with
the
principle
of
proportionality,
as
set
out in Article 5 of the Treaty on European Union, this
(f) ‘host Member State’ means one or more participating
Regulation does not go beyond what is necessary in
Member States in which a CIT company provides the
order to achieve its objective, namely to facilitate the
service of delivering/picking up euro cash other than its
professional cross-border transport of euro cash by
Member State of origin;
road between euro-area Member States,
HAVE ADOPTED THIS REGULATION:
(g) ‘Member State of transit’ means one or more participating
Member States other than the Member State of origin
which the CIT vehicle crosses in order either to reach the
SECTION 1
host Member State or to return to the Member State of
origin;
COMMON RULES GOVERNING ALL CROSS-BORDER
TRANSPORT OF EURO CASH BY ROAD
Article 1
(h) ‘daytime’, when referring to transport, means transport
carried out between 06.00 and 22.00;
Definitions
For the purpose of this Regulation, the following definitions
shall apply:
(i) ‘CIT
security
staff’
means
the
employees
instructed
to
drive
the CIT vehicle in which the euro cash is being carried or
to protect its contents;
(a) ‘participating Member States’ means those Member States
whose currency is the euro;
(j) ‘CIT vehicle’ means a vehicle used for the professional
( 1 ) OJ L 309, 25.11.2005, p. 9.
transport of euro cash by road;
L 316/4
EN
Official Journal of the European Union
29.11.2011
(k) ‘vehicle of ordinary appearance’ means a CIT vehicle which
(s) ‘EU official languages’ means the languages referred to in
has a normal appearance and does not bear any distinctive
Article 1 of Regulation No 1 determining the languages to
signs indicating that it belongs to a CIT company or that it
be used by the European Economic Community ( 1 ).
is used for the purposes of transporting euro cash;
Article 2
(l) ‘point-to-point
transport’
means
transport
from
one
secure
Exclusions
location to another, without any intermediate stops;
1. The
transport
of
euro
banknotes
and
coins
shall
be
excluded from the scope of this Regulation where it is:
(m) ‘secured area’ means a delivery/pick-up point for euro cash
located within a building and secured against unauthorised
access in terms of equipment (anti-intrusion systems) and
(a) carried out on the account of, and between, NCBs, or
access procedures for persons;
between banknote printing works and/or mints of partici
pating Member States and the relevant NCBs; and
(n) ‘secure location’ means a location within a secured area,
(b) escorted by the military or the police.
which is accessible to CIT vehicles and in which CIT
vehicles can be loaded and unloaded in a secure manner;
2. The
exclusive
transport
of
euro
coins
shall
be
excluded
from the scope of this Regulation where it is:
(o) to ‘neutralise’ a banknote means to mutilate or damage it
by staining or by other means as specified in Annex II;
(a) carried out on the account of, and between, NCBs, or
between mints of participating Member States and the
(p) ‘intelligent banknote neutralisation system’ or ‘IBNS’ means
relevant NCBs; and
a system that meets the following conditions:
(b) escorted by the military or the police or by private security
(i) the banknote container continuously protects the
staff in separate vehicles.
banknotes by means of a euro cash neutralisation
system, from a secured area to the euro cash delivery
point or from the euro cash pick-up point to a secured
Article 3
area;
Place of departure, maximum duration and number of euro
cash deliveries/pick-ups
(ii) the CIT security staff is not able to open the container
1. Cross-border transport of euro cash provided in
outside the pre-programmed time periods and/or
accordance with this Regulation shall be carried out during
locations or to change the pre-programmed time
the daytime.
periods and/or locations where the container can be
opened once the euro cash transport operation has
2. A
CIT
vehicle
carrying
out
cross-border
transport
of
euro
been initiated;
cash shall start its journey from its Member State of origin and
shall return to it on the same day.
(iii) the container is equipped with a mechanism for
permanently neutralising the banknotes if any unauth
3. By
derogation
from
paragraphs
1
and
2,
point-to-point
orised attempt is made to open the container; and
transport may be carried out within a time-slot of 24 hours,
provided that night-time transport of euro cash is allowed under
national rules of the Member State of origin, of the Member
(iv) the requirements laid down in Annex II are complied
State of transit and of the host Member State.
with;
4. By way of derogation from Regulation (EC)
(q) ‘end-to-end IBNS’ means IBNS that is equipped for end-to-
No 1072/2009, there shall be no limit to the number of euro
end use, namely the banknotes remain inaccessible to CIT
cash deliveries/pick-ups that a CIT vehicle may carry out in a
security staff at all times and are under continuous
host Member State during the same day.
protection by the IBNS from secured area to secured area
or, for cassettes for Automated Teller Machines (ATMs) or
other types of cash dispensers, from a secured area to the
Article 4
interior of the ATMs or the other types of cash dispensers;
Cross-border CIT licence
1. A
company
wishing
to
undertake
cross-border
transport
(r) ‘A1’
and
‘B1’,
when
referring
to
the
level
of
language
skills,
of euro cash by road shall apply for a cross-border CIT licence
mean the levels established by the Council of Europe’s
from the granting authority in its Member State of origin.
Common European Framework of Reference for Languages,
as referred to in Annex VII;
( 1 ) OJ 17, 6.10.1958, p. 385.
EN
29.11.2011 Official
Journal
of
the
European
Union
L
316/5
2. The
cross-border
CIT
licence
shall
be
granted
for
a
period (c) they have successfully followed at least 200 hours of ad hoc
of 5 years by the national granting authority, provided that the
initial training, not including any training on the use of
applicant company meets the following conditions:
firearms.
(a) it is approved to carry out CIT transport within its Member
The minimum requirements for the ad hoc initial training
State of origin or, if the Member State has no specific
referred to in point (c) are set out in Annex VI. CIT security
approval procedure for CIT companies in addition to its
staff shall follow further training activities in the areas set out in
general rules for the security or transport sector, it is able
point 3 of Annex VI, at least every 3 years.
to provide evidence that it has had regular business trans
porting cash for at least 24 months within its Member State
of origin prior to the application with no infringements of
that Member State’s national law governing such activities;
2. At
least
one
member
of
the
CIT
security
staff
in
the
CIT
vehicle shall have at least A1-level language skills in the
languages used by the local authorities and the population in
(b) its managers and the members of its board do not have a
the relevant areas of the Member State of transit and of the host
relevant entry in a criminal record and are of good repute
Member State. The CIT vehicle shall, furthermore, be in
and integrity, according to, for instance, relevant police
constant radio contact, via the CIT company’s control centre,
records;
with someone who has at least B1-level language skills in the
languages used by the local authorities and the population in
the relevant areas of the Member State of transit and of the host
Member State, so as to ensure that effective communication
(c) it has a valid civil liability insurance to cover at least third-
with the national authorities is possible at all times.
party damage to life and property, regardless of whether the
cash transported is insured thereunder;
Article 6
(d) the applicant company, its CIT security staff, vehicles and
Carrying of weapons
security procedures employed in or applied for the purposes
of cross-border transport of euro cash comply with this
1. CIT
security
staff
shall
comply
with
the
law
of
the
Regulation or, where expressly referred to in this Regulation,
Member State of origin, of the Member State of transit and of
with national law specifically relating to the transport of
the host Member State as regards the carrying of weapons and
cash.
the maximum permitted calibre.
3. The
cross-border
CIT
licence
shall
be
drawn
up
in 2. When
entering
the
territory
of
a
Member
State
the
law
of
accordance with the model and the physical characteristics
which does not allow CIT security staff to be armed, any
defined in Annex I. CIT security staff in CIT vehicles engaged
weapons in the possession of the CIT security staff shall be
in the professional cross-border transport of euro cash by road
placed in an on-board weapons strong-box which meets the
shall, at all times, be able to show the inspection authorities the
European standard EN 1143-1. Such weapons shall remain
original or a certified copy of a valid cross-border CIT licence.
inaccessible to the CIT security staff throughout the journey
across that Member State’s territory. They may be removed
from the weapons strong-box when entering the territory of a
4. The
cross-border
CIT
licence
shall
allow
the
company
to Member State whose law allows CIT security staff to be armed
carry out cross-border transport of euro cash under the terms of
and shall be removed from it when entering the territory of a
this Regulation. By way of derogation from Regulation (EC)
Member State whose law requires CIT security staff to be armed.
No 1072/2009, the holder of such a licence shall not be
Opening the weapons strong-box shall require remote inter
required to possess a Community licence for the international
vention by the CIT vehicle’s control centre and shall be condi
carriage of goods by road.
tional upon verification by the control centre of the vehicle’s
exact geographical location.
Article 5
CIT security staff
The requirements set out in the first subparagraph shall also
apply if the type or the calibre of the weapon is not allowed
1. All
members
of
the
CIT
security
staff
shall
satisfy
the under the law of the Member State of transit or of the host
following requirements:
Member State.
(a) they do not have a relevant entry in a criminal record and
3. Where
a
CIT
vehicle
whose
Member
State
of
origin
does
are of good repute and integrity according to, for instance,
not allow CIT security staff to carry arms, enters the territory of
relevant police records;
a Member State whose law requires CIT security staff to carry
arms, the CIT company shall ensure that the CIT security staff
on board is provided with the required weapons and that they
(b) they have a medical certificate certifying that their physical
fulfil the minimum training requirements of the host Member
and mental health is adequate for the task to be performed;
State.
L 316/6
EN
Official Journal of the European Union
29.11.2011
4. CIT security staff who are armed or who travel in a CIT
undertakings carrying out cross-border transport of euro cash in
vehicle with arms on board shall have a professional weapons
CIT vehicles using IBNS shall supply written evidence of
licence or authorisation issued by the national authorities of the
approval of the IBNS model used within 48 hours.
Member State of transit and/or the host Member State, where
those Member States allow CIT security staff to be armed, and
Article 8
fulfil all the national requirements for that professional weapons
licence or authorisation. For that purpose, Member States may
Role of the national police forces
recognise the professional weapons licence or authorisation of
the other Member State.
This Regulation is without prejudice to the application of
national rules that require:
5. Member
States
shall
establish
a
single
central
national (a) cash-transport operations to be notified to the police in
contact point to which CIT companies established in other
advance;
Member States may submit applications for a professional
weapons licence or authorisation for their CIT security staff.
(b) CIT vehicles to be equipped with a device that allows them
Federal Member States may establish contact points at State
to be tracked at a remote distance by the police;
level. Member States shall inform the applicant of the
outcome of the application within 3 months from the
submission of a complete application file.
(c) high-value point-to-point transport to be escorted by the
police.
Article 9
6. In
order
to
make
it
easier
for
CIT
security
staff
who
are
employed by a company established in another Member State to
Rules to ensure the security of the cash delivery/pick-up
fulfil the national requirements for obtaining a professional
locations in the host Member State
weapons licence or authorisation, Member States shall provide
for validation of equivalent professional weapons training
This Regulation is without prejudice to the application of
followed in the Member State where the applicant’s employer
national rules governing the behaviour of CIT security staff
is established. If this is not possible, Member States shall ensure
outside a CIT vehicle and the security of the locations where
that the necessary professional weapons training is provided on
cash is delivered/picked up in the Member State concerned.
their own territory in an EU official language which is an
official language of the Member State where the applicant’s
Article 10
employer is established.
Removal of neutralised banknotes from circulation
CIT companies operating under this Regulation shall remove
Article 7
from circulation all banknotes that may have been neutralised
that they encounter while carrying out their activities. They shall
CIT vehicle equipment
hand over those banknotes to the appropriate NCB branch of
1. CIT
vehicles
shall
be
equipped
with
a
global
navigation their Member State of origin and provide a written statement on
system. The CIT company’s control centre shall be able
the cause and nature of the neutralisation. If those banknotes
continuously and accurately to locate its vehicles.
are collected in a host Member State, the NCB of the host
Member State shall be informed by the NCB of the Member
State of origin.
2. CIT
vehicles
shall
be
equipped
with
appropriate
communi
Article 11
cation tools to allow contact to be made at any time with the
control centre of the CIT company operating the vehicles and
Mutual information
with the competent national authorities. The emergency
numbers to contact the police authorities in the Member State
1. Member
States
shall
submit
to
the
Commission
the
rules
of transit or in the host Member State shall be available in the
referred to in Articles 8 and 9 as well as information on which
vehicles.
IBNS have been homologated by them and shall immediately
inform the Commission of any change affecting those rules and
homologations. The Commission shall ensure that those rules as
well as a list of homologated IBNS are published in all the EU
3. CIT
vehicles
shall
be
equipped
in
a
manner
that
allows
the official languages which are the official languages of the relevant
registration of the time and location of all euro cash
participating Member States through the appropriate channels,
deliveries/pick-ups in order to make it possible for the
with a view to informing swiftly all the actors involved in a CIT
proportion of euro cash deliveries/pick-ups referred to in
cross-border activity.
Article 1(b) to be checked at any ti
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