欧洲中央银行决定2013/211/EU,关于欧元纸币面额、规格、再生产、交换和退出(ECB/2013/10)
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EURLEX ID:32013D0010
OJ编号:OJ L 118, 30.4.2013, p. 37-42
中文标题:欧洲中央银行决定2013/211/EU,关于欧元纸币面额、规格、再生产、交换和退出(ECB/2013/10)
原文标题:2013/211/EU: Decision of the European Central Bank of 19 April 2013 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (ECB/2013/10)
分类:10.20.10_货币体制条款
文件类型:二级立法 Decision|决定
生效日期:2013-05-01
废止日期:2058-12-31
法规全文:查看欧盟官方文件
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30.4.2013 Official
Journal
of
the
European
Union L
118/37
DECISION OF THE EUROPEAN CENTRAL BANK
of 19 April 2013
on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes
(recast)
(ECB/2013/10)
(2013/211/EU)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
acceptance of the new euro banknote denominations and
specifications by users by taking into account the specific
visual and technical requirements of European associ
ations of banknote users.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 128(1) thereof,
(4)
As successor to the EMI the ECB holds the copyright on
the designs of the euro banknotes originally held by the
Having regard to Article 16 of the Statute of the European
EMI. The ECB and the NCBs, acting on behalf of the ECB,
System of Central Banks and of the European Central Bank,
may enforce this copyright with regard to reproductions
issued or distributed in breach of this copyright, such as,
inter alia, reproductions which might adversely affect the
standing of euro banknotes.
Whereas:
(5) The
ECB
and
the
NCBs
will,
from
time
to
time,
introduce
(1)
The scope of Decision ECB/2003/4 of 20 March 2003
a new series of euro banknotes with enhanced security
on the denominations, specifications, reproduction,
features, benefiting from advances in banknote tech
exchange and withdrawal of euro banknotes ( 1 ) needs
nology since the first series was introduced.
to be extended to cover the future series of euro bank
notes. To this end, a number of technical amendments to
Decision ECB/2003/4 are required. In addition, in light of
the experience in applying and interpreting Decision
(6) The
ECB’s
and
the
NCBs’
right
to
issue
euro
banknotes
ECB/2003/4, it is necessary to further clarify and
includes the competence to take all necessary legal
improve some of the rules and procedures. Therefore,
measures to protect the integrity of the euro banknotes
to incorporate the abovementioned amendments,
as a means of payment. The ECB should take measures to
Decision ECB/2003/4 should be recast in the interests
provide for a minimum level of protection in all Member
of clarity and transparency.
States whose currency is the euro in order to ensure that
the general public can distinguish reproductions from
euro banknotes, which are issued by the ECB and the
NCBs and are not counterfeit notes under Article 2(a) of
(2)
Article 128(1) of the Treaty and Article 16 of the Statute
Council Regulation (EC) No 1338/2001 of 28 June 2001
of the European System of Central Banks and of the
laying down measures necessary for the protection of the
European Central Bank provide that the European
euro against counterfeiting ( 3 ) (hereinafter ‘genuine euro
Central Bank (ECB) has the exclusive right to authorise
banknotes’). It is therefore necessary to establish common
the issue of euro banknotes within the Union. These
rules according to which the reproduction of euro
provisions also provide that the ECB and the national
banknotes will be permitted.
central banks of the Member States whose currency is
the euro (hereinafter ‘NCBs’) may issue such notes.
Pursuant to Article 10 of Council Regulation (EC) No
974/98 of 3 May 1998 on the introduction of the
(7)
This Decision should be without prejudice to the appli
euro ( 2 ), the ECB and the NCBs shall put euro
cation of criminal law, in particular regarding counter
banknotes into circulation.
feiting.
(3) The
European
Monetary
Institute
(EMI)
carried
out
the (8) Reproductions
of
euro
banknotes
in
electronic
form
preparatory work for the production and issue of euro
should only be regarded as lawful if the producer
banknotes, and in particular with regard to the euro
thereof adopts adequate technical measures to deter
banknote designs, it facilitated the recognition and
print-outs, where the general public might mistake the
print-outs for genuine euro banknotes.
( 1 ) OJ L 78, 25.3.2003, p. 16.
( 2 ) OJ L 139, 11.5.1998, p. 1.
( 3 ) OJ L 181, 4.7.2001, p. 6.
L 118/38
EN
Official Journal of the European Union
30.4.2013
(9)
The competence to take measures to protect the integrity
(15) Genuine
euro
banknotes
which
have
been
damaged
in
of genuine euro banknotes as a means of payment
bulk due to the activation of anti-theft devices should be
includes the competence to adopt a common regime
presented for exchange, if required by NCBs, in sets
under which the NCBs are prepared to exchange
consisting of a minimum number of euro banknotes.
damaged genuine euro banknotes. Under this regime
certain categories of euro banknotes are designated
which should be withheld by NCBs when presented to
them for exchange.
(16) To
support
endeavours
to
enhance
the
security
of
the
cash cycle and to avoid penalising the use of anti-theft
devices, it is appropriate to credit the institutions and
(10) The
part of the original euro banknote that needs
economic agents, referred to in Article 6(1) of Regulation
to be presented in order to qualify for exchange is
(EC) No 1338/2001, who present for exchange genuine
subject to minimum measurement requirements. These
euro banknotes accidentally damaged by anti-theft
measurements should be expressed as a percentage of
devices, on the day of receipt of such banknotes, in a
the surface area of the original euro banknote before it
manner similar to regular cash lodgements.
was damaged, in order to prevent the distortion of
measurements, for instance in situations where the euro
banknote is damaged due to shrinkage.
(17) To support the European Union’s prevention of the use
of the financial system for money laundering and
terrorist financing, it is appropriate for the Eurosystem
(11) Regulation
(EC) No 1338/2001 requires
credit insti
tutions and, within the limits of their payment activity,
to specify how to handle requests by any applicant to
other payment service providers and any other insti
exchange damaged genuine euro banknotes with a value
tutions engaged in the processing and distribution to
of at least EUR 7 500. Such rules are without prejudice
the public of notes and coins, to ensure that euro
to any stricter identification and reporting requirements
notes and coins which they have received and which
adopted by Member States in transposing Directive
they intend to put back into circulation are checked
2005/60/EC of the European Parliament and of the
for authenticity and that counterfeits are detected.
Council of 26 October 2005 on the prevention of the
use of the financial system for the purpose of money
laundering and terrorist financing ( 1 ).
(12) Given
that
damaging
of
genuine
euro
banknotes
by
anti-
theft devices may occur in the context of a committed or
attempted criminal offence, it should be ensured that in
(18) The
ECB’s
exclusive
right
to
authorise
the
issue
of
euro
such cases banknotes can only be exchanged by the
banknotes within the Union includes the competence to
victim of such offence or attempted offence.
withdraw euro banknotes and to establish a common
regime under which the ECB and the NCBs can
perform this withdrawal,
(13) To
encourage
the
proper
handling
of
anti-theft
devices
by
all institutions and economic agents referred to in
Article 6(1) of Regulation (EC) No 1338/2001, it is
appropriate for NCBs to charge the banknote handlers
HAS ADOPTED THIS DECISION:
a fee to compensate for the analysis performed with
regard to the exchange of genuine euro banknotes that
have been damaged by anti-theft devices.
Article 1
Denominations and specifications
(14) This fee should not be charged when the damage results
from an attempted or actual robbery or theft, and, to
1. Euro
banknotes
shall
include
seven
denominations
of
euro
avoid insignificant fees, should be charged only where
banknotes in the range of 5 euro to 500 euro, depicting the
a minimum number of damaged genuine euro
theme ‘Ages and styles of Europe’, with the following basic
banknotes is presented for exchange.
specifications.
Face value
(EUR)
Dimensions (first series) Dimensions
(second
series) Dominant
colour Design
5 120
×
62
mm 120
×
62
mm Grey Classical
10 127
×
67
mm 127
×
67
mm Red Romanesque
20 133
×
72
mm 133
×
72
mm Blue Gothic
50 140
×
77
mm 140
×
77
mm Orange Renaissance
( 1 ) OJ L 309, 25.11.2005, p. 15.
EN
30.4.2013 Official
Journal
of
the
European
Union L
118/39
Face value
(EUR)
Dimensions (first series) Dimensions
(second
series) Dominant
colour Design
100 147
×
82
mm To
be
decided Green Baroque
and
rococo
200 153
×
82
mm To
be
decided Yellow-brown Iron
and
glass
architecture
500 160
×
82
mm To
be
decided Purple Modern
20th
century
architecture
2. The
seven
denominations
in
the
euro
banknote
series
shall 2. Reproductions
which
the
general
public
might
mistake
for
bear the representation of gateways and windows on the front
genuine euro banknotes shall be deemed unlawful.
side (recto) and bridges on the reverse side (verso). All seven
denominations shall be typical of the different European artistic
periods referred to above. Other elements of the designs shall
3. Reproductions
complying
with
the
following
criteria
shall
include:
be deemed lawful, since there is no risk that the general public
might mistake them for genuine euro banknotes:
(a) the symbol of the European Union;
(a) one-sided reproductions of a euro banknote as specified in
Article 1, provided that the size of the reproduction is equal
(b) the name of the currency in the Roman and Greek
to or greater than 125 % of both the length and width, or
alphabets and, additionally, for the second series of euro
equal to or less than 75 % of both the length and the width
banknotes, the name of the currency in the Cyrillic alphabet;
of the respective euro banknote as specified in Article 1; or
(c) the initials of the ECB in the European Union’s official
(b) two-sided reproductions of a euro banknote as specified in
language variants; for the first series of euro banknotes,
Article 1, provided that the size of the reproduction is equal
the initials of the ECB shall be limited to the following
to or greater than 200 % of both the length and width or
five official language variants: BCE, ECB, EZB, EKT and
equal to or less than 50 % of both the length and width of
EKP and, additionally, for the second series of euro bank
the respective euro banknote as specified in Article 1; or
notes, the initials of the ECB shall be limited to the
following nine official language variants: BCE, ECB, ЕЦБ,
EZB, EKP, EKT, EKB, BE and EBC;
(c) reproductions of individual design elements of a euro
banknote as specified in Article 1, provided that such a
design element is not depicted on a background resembling
(d) the symbol which indicates that the copyright belongs to
a banknote; or
the ECB; and
(d) one-sided reproductions depicting a part of the front side or
(e) the signature of the President of the ECB.
reverse side of a euro banknote, provided that such a part is
smaller than one third of the original front side or reverse
side of the euro banknote as specified in Article 1; or
Article 2
Reproduction rules for euro banknotes
(e) reproductions made of a material clearly different from
paper, which looks distinctly different from the material
1. ‘Reproduction’
shall
mean
any
tangible
or
intangible
image
used for banknotes; or
that uses all or part of a euro banknote as specified in Article 1,
or parts of its individual design elements such as, inter alia,
colour, dimensions and use of letters or symbols, which
(f) intangible reproductions made available electronically on
image may resemble or give the general impression of a
websites, by wire or wireless means or by any other
genuine euro banknote, irrespective of:
means that allow members of the public to access these
intangible reproductions from a place and at a time indi
vidually chosen by them, provided that:
(a) the size of the image; or
— the word SPECIMEN (sample) is incorporated diagonally
(b) the material(s) or technique(s) used to produce it; or
across the reproduction in Arial font or a font similar to
Arial font, and
(c) whether or not elements of the design of the euro banknote,
such as the letters or symbols, have been altered or added
— the resolution of the electronic reproduction in its
to.
100 % size does not exceed 72 dots per inch (dpi).
L 118/40
EN
Official Journal of the European Union
30.4.2013
4. In
the
event
of
reproductions
under
paragraph
3(f),
(d) where the genuine euro banknotes have been damaged by
anti-theft devices: a written statement on the cause of
neutralisation shall be provided by the applicant;
— the length of the word SPECIMEN shall be at least 75 % of
the length of the reproduction, and
(e) where the genuine euro banknotes have been damaged by
— the height of the word SPECIMEN shall be at least 15 % of
anti-theft devices in connection with an attempted or actual
the width of the reproduction, and
robbery, theft, or other criminal activity: the banknotes shall
be exchanged only at the request of the owner or otherwise
authorised applicant who is the victim of the attempted or
— the word SPECIMEN shall be displayed in a non-transparent
actual criminal activity leading to the damage to the bank
(opaque) colour contrasting with the dominant colour of the
notes;
respective euro banknote as specified in Article 1.
(f) where the genuine euro banknotes have been damaged by
5. The
ECB
and
the
NCBs
shall,
upon
receiving
a
written
anti-theft devices and they are presented by institutions and
request, provide confirmation that reproductions not
economic agents referred to in Article 6(1) of Regulation
complying with the criteria of paragraph 3, in so far as they
(EC) No 1338/2001: a written statement on the cause of
cannot be mistaken by the general public for a genuine euro
neutralisation, the reference and characteristics of the anti-
banknote as specified in Article 1, are also lawful. Where a
theft device, details of the party presenting the damaged
reproduction is produced in the territory of only one Member
banknotes and the date of presentation thereof shall be
State whose currency is the euro, requests as referred to above
provided by those institutions and economic agents;
shall be addressed to the NCB of that Member State. In all other
cases, such requests shall be addressed to the ECB.
(g) where the genuine euro banknotes have been damaged in
6. Reproduction
rules
for
euro
banknotes
also
apply
to
euro
bulk due to the activation of anti-theft devices: to the extent
banknotes that have been withdrawn or have lost their legal
possible and if required by NCBs, they shall be presented in
tender status under this Decision.
sets of 100 euro banknotes, provided that the amount of
euro banknotes presented is sufficient to form such sets;
Article 3
(h) where institutions and economic agents referred to in
Exchange of damaged genuine euro banknotes
Article 6(1) of Regulation (EC) No 1338/2001 present for
1. NCBs
shall,
upon
request,
under
the
conditions
laid
down
exchange, in one or more transactions, damaged genuine
in paragraph 2 and in the relevant decision of the Governing
euro banknotes with a value of at least EUR 7 500: docu
Council referred to in Article 6, exchange damaged genuine
mentation on the origin of the banknotes and identification
euro banknotes where:
of the customer or, where applicable, of the beneficial
owner as defined in Directive 2005/60/EC, shall be
provided by those institutions and economic agents. This
(a) more than 50 % of the euro banknote is presented; or
obligation shall also apply in the event of doubt regarding
whether the threshold value of EUR 7 500 is reached. The
rules laid down in this paragraph shall be without prejudice
(b) 50 % or less of the euro banknote is presented, if the
to any stricter identification and reporting requirements
applicant proves that the missing parts have been destroyed.
adopted by Member States in transposing Directive
2005/60/EC.
2. Further to paragraph 1, the following additional
conditions apply to the exchange of damaged genuine euro
3. Notwithstanding
the
above:
banknotes:
(a) where doubt exists as to the applicant’s legal title to the
(a) where NCBs know or have sufficient reason to believe that
euro banknotes: identification shall be provided by the
the genuine euro banknotes have been intentionally
applicant, as well as proof that the applicant is the owner
damaged, they shall refuse to exchange and shall withhold
or otherwise authorised applicant;
the euro banknotes, in order to avoid the return of such
euro banknotes into circulation or to prevent the applicant
from presenting them to another NCB for exchange.
(b) where doubt exists as to the authenticity of the euro bank
However, they will exchange the damaged genuine euro
notes: identification shall be provided by the applicant;
banknotes if they either know or have sufficient reason to
believe that applicants are bona fide, or if applicants can
prove that they are bona fide. Euro banknotes which are
(c) where ink-stained, contaminated or impregnated genuine
damaged to a minor degree, e.g. by having annotations,
euro banknotes are presented: a written explanation as to
numbers or brief sentences placed on them, will in
the kind of stain, contamination or impregnation shall be
principle not be considered to be intentionally damaged
provided by the applicant;
euro banknotes; and
EN
30.4.2013 Official
Journal
of
the
European
Union L
118/41
(b) where NCBs know or have sufficient reason to believe that a
(c) all other information required by the NCB is submitted.
criminal offence has been committed they shall refuse to
exchange the damaged genuine euro banknotes and shall
withhold them, against acknowledgement of receipt, as
2. Any
difference
revealed
after
processing
between
the
value
evidence to be presented to the competent authorities to
of the accidentally damaged genuine euro banknotes presented
initiate or to support an ongoing criminal investigation.
for exchange and the amount credited prior to processing shall
Unless otherwise decided by the competent authorities, the
be debited or credited, as the case may be, to the presenting
genuine euro banknotes shall at the end of the investigation
institution or economic agent.
qualify for exchange under the conditions laid down in
paragraphs 1 and 2;
3. The
fees
mentioned
in
Article
4
will
be
calculated
on
the
basis of the effective number of the accidentally damaged
(c) where NCBs know or have sufficient reason to believe that
genuine euro banknotes processed by the NCB.
the damaged genuine euro banknotes are contaminated such
that they pose a risk to health and safety, they shall
Article 6
exchange the damaged genuine euro banknotes, if the
applicant can provide a health and safety assessment by
Withdrawal of euro banknotes
the competent authorities.
The withdrawal of a euro banknote type or series shall be
regulated by a decision of the Governing Council published
Article 4
for general information in the Official Journal of the European
Establishment of a fee for the exchange of genuine euro
Union and other media. This decision shall cover, as a
banknotes damaged by anti-theft devices
minimum, the following points:
1. NCBs
shall
charge
institutions
and
economic
agents
referred to in Article 6(1) of Regulation (EC) No 1338/2001
— the euro banknote type or series to be withdrawn from
a fee when they request NCBs, in accordance with Article 3, to
circulation, and
exchange genuine euro banknotes that have been damaged by
anti-theft devices.
— the duration of the exchange period, and
2. The
fee
shall
amount
to
10
euro
cent
per
damaged
euro
banknote.
— the date on which the euro banknote type or series will lose
its legal tender status, and
3. The
fee
shall
only
be
charged
if
at
least
100
damaged
euro
banknotes are exchanged. The fee shall be charged for all
— the treatment of the euro banknotes presented once the
exchanged euro banknotes.
withdrawal period is over and/or they have lost their legal
tender status.
4. No
fee
shall
be
charged
where
euro
banknotes
have
been
damaged in connection with an attempted or actual robbery,
Article 7
theft or other criminal activity.
Entry into force and repeal
Article 5
1. Decision
ECB/2003/4
is
hereby
repealed.
Crediting of value of genuine euro banknotes accidentally
damaged by anti-theft devices and presented for exchange
2. References
to
Decision
ECB/2003/4
shall
be
construed
as
references to this Decision.
1. NCBs
shall
credit
the
institutions
and
economic
agents
referred to in Article 6(1) of Regulation (EC) No 1338/2001
which hold an account at the relevant NCB the value of genuine
3. This
Decision
shall
enter
into
force
on
the
day
following
euro banknotes that have been accidentally damaged by anti-
its publication in the Official Journal of the European Union.
theft devices on the day of receipt of those banknotes, provided
that:
(a) the euro banknotes have not been damaged in connection
Done at Frankfurt am Main, 19 April 2013.
with an actual robbery, theft or other criminal activity;
For the Governing Council of the ECB
(b) the NCB can immediately verify that the requested amount
corresponds at least roughly to the value of the banknotes
The President of the ECB
presented; and
Mario DRAGHI
L 118/42
EN
Official Journal of the European Union
30.4.2013
ANNEX
CORRELATION TABLE
Decision ECB/2003/4 This
Decision
Article 1 Article
1
Article 2 Article
2
Article 3 Article
3
Article 4 Article
4
Article 5 Article
6
Article 6 Article
7
30.4.2013 Official
Journal
of
the
European
Union L
118/37
DECISION OF THE EUROPEAN CENTRAL BANK
of 19 April 2013
on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes
(recast)
(ECB/2013/10)
(2013/211/EU)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
acceptance of the new euro banknote denominations and
specifications by users by taking into account the specific
visual and technical requirements of European associ
ations of banknote users.
Having regard to the Treaty on the Functioning of the European
Union, and in particular Article 128(1) thereof,
(4)
As successor to the EMI the ECB holds the copyright on
the designs of the euro banknotes originally held by the
Having regard to Article 16 of the Statute of the European
EMI. The ECB and the NCBs, acting on behalf of the ECB,
System of Central Banks and of the European Central Bank,
may enforce this copyright with regard to reproductions
issued or distributed in breach of this copyright, such as,
inter alia, reproductions which might adversely affect the
standing of euro banknotes.
Whereas:
(5) The
ECB
and
the
NCBs
will,
from
time
to
time,
introduce
(1)
The scope of Decision ECB/2003/4 of 20 March 2003
a new series of euro banknotes with enhanced security
on the denominations, specifications, reproduction,
features, benefiting from advances in banknote tech
exchange and withdrawal of euro banknotes ( 1 ) needs
nology since the first series was introduced.
to be extended to cover the future series of euro bank
notes. To this end, a number of technical amendments to
Decision ECB/2003/4 are required. In addition, in light of
the experience in applying and interpreting Decision
(6) The
ECB’s
and
the
NCBs’
right
to
issue
euro
banknotes
ECB/2003/4, it is necessary to further clarify and
includes the competence to take all necessary legal
improve some of the rules and procedures. Therefore,
measures to protect the integrity of the euro banknotes
to incorporate the abovementioned amendments,
as a means of payment. The ECB should take measures to
Decision ECB/2003/4 should be recast in the interests
provide for a minimum level of protection in all Member
of clarity and transparency.
States whose currency is the euro in order to ensure that
the general public can distinguish reproductions from
euro banknotes, which are issued by the ECB and the
NCBs and are not counterfeit notes under Article 2(a) of
(2)
Article 128(1) of the Treaty and Article 16 of the Statute
Council Regulation (EC) No 1338/2001 of 28 June 2001
of the European System of Central Banks and of the
laying down measures necessary for the protection of the
European Central Bank provide that the European
euro against counterfeiting ( 3 ) (hereinafter ‘genuine euro
Central Bank (ECB) has the exclusive right to authorise
banknotes’). It is therefore necessary to establish common
the issue of euro banknotes within the Union. These
rules according to which the reproduction of euro
provisions also provide that the ECB and the national
banknotes will be permitted.
central banks of the Member States whose currency is
the euro (hereinafter ‘NCBs’) may issue such notes.
Pursuant to Article 10 of Council Regulation (EC) No
974/98 of 3 May 1998 on the introduction of the
(7)
This Decision should be without prejudice to the appli
euro ( 2 ), the ECB and the NCBs shall put euro
cation of criminal law, in particular regarding counter
banknotes into circulation.
feiting.
(3) The
European
Monetary
Institute
(EMI)
carried
out
the (8) Reproductions
of
euro
banknotes
in
electronic
form
preparatory work for the production and issue of euro
should only be regarded as lawful if the producer
banknotes, and in particular with regard to the euro
thereof adopts adequate technical measures to deter
banknote designs, it facilitated the recognition and
print-outs, where the general public might mistake the
print-outs for genuine euro banknotes.
( 1 ) OJ L 78, 25.3.2003, p. 16.
( 2 ) OJ L 139, 11.5.1998, p. 1.
( 3 ) OJ L 181, 4.7.2001, p. 6.
L 118/38
EN
Official Journal of the European Union
30.4.2013
(9)
The competence to take measures to protect the integrity
(15) Genuine
euro
banknotes
which
have
been
damaged
in
of genuine euro banknotes as a means of payment
bulk due to the activation of anti-theft devices should be
includes the competence to adopt a common regime
presented for exchange, if required by NCBs, in sets
under which the NCBs are prepared to exchange
consisting of a minimum number of euro banknotes.
damaged genuine euro banknotes. Under this regime
certain categories of euro banknotes are designated
which should be withheld by NCBs when presented to
them for exchange.
(16) To
support
endeavours
to
enhance
the
security
of
the
cash cycle and to avoid penalising the use of anti-theft
devices, it is appropriate to credit the institutions and
(10) The
part of the original euro banknote that needs
economic agents, referred to in Article 6(1) of Regulation
to be presented in order to qualify for exchange is
(EC) No 1338/2001, who present for exchange genuine
subject to minimum measurement requirements. These
euro banknotes accidentally damaged by anti-theft
measurements should be expressed as a percentage of
devices, on the day of receipt of such banknotes, in a
the surface area of the original euro banknote before it
manner similar to regular cash lodgements.
was damaged, in order to prevent the distortion of
measurements, for instance in situations where the euro
banknote is damaged due to shrinkage.
(17) To support the European Union’s prevention of the use
of the financial system for money laundering and
terrorist financing, it is appropriate for the Eurosystem
(11) Regulation
(EC) No 1338/2001 requires
credit insti
tutions and, within the limits of their payment activity,
to specify how to handle requests by any applicant to
other payment service providers and any other insti
exchange damaged genuine euro banknotes with a value
tutions engaged in the processing and distribution to
of at least EUR 7 500. Such rules are without prejudice
the public of notes and coins, to ensure that euro
to any stricter identification and reporting requirements
notes and coins which they have received and which
adopted by Member States in transposing Directive
they intend to put back into circulation are checked
2005/60/EC of the European Parliament and of the
for authenticity and that counterfeits are detected.
Council of 26 October 2005 on the prevention of the
use of the financial system for the purpose of money
laundering and terrorist financing ( 1 ).
(12) Given
that
damaging
of
genuine
euro
banknotes
by
anti-
theft devices may occur in the context of a committed or
attempted criminal offence, it should be ensured that in
(18) The
ECB’s
exclusive
right
to
authorise
the
issue
of
euro
such cases banknotes can only be exchanged by the
banknotes within the Union includes the competence to
victim of such offence or attempted offence.
withdraw euro banknotes and to establish a common
regime under which the ECB and the NCBs can
perform this withdrawal,
(13) To
encourage
the
proper
handling
of
anti-theft
devices
by
all institutions and economic agents referred to in
Article 6(1) of Regulation (EC) No 1338/2001, it is
appropriate for NCBs to charge the banknote handlers
HAS ADOPTED THIS DECISION:
a fee to compensate for the analysis performed with
regard to the exchange of genuine euro banknotes that
have been damaged by anti-theft devices.
Article 1
Denominations and specifications
(14) This fee should not be charged when the damage results
from an attempted or actual robbery or theft, and, to
1. Euro
banknotes
shall
include
seven
denominations
of
euro
avoid insignificant fees, should be charged only where
banknotes in the range of 5 euro to 500 euro, depicting the
a minimum number of damaged genuine euro
theme ‘Ages and styles of Europe’, with the following basic
banknotes is presented for exchange.
specifications.
Face value
(EUR)
Dimensions (first series) Dimensions
(second
series) Dominant
colour Design
5 120
×
62
mm 120
×
62
mm Grey Classical
10 127
×
67
mm 127
×
67
mm Red Romanesque
20 133
×
72
mm 133
×
72
mm Blue Gothic
50 140
×
77
mm 140
×
77
mm Orange Renaissance
( 1 ) OJ L 309, 25.11.2005, p. 15.
EN
30.4.2013 Official
Journal
of
the
European
Union L
118/39
Face value
(EUR)
Dimensions (first series) Dimensions
(second
series) Dominant
colour Design
100 147
×
82
mm To
be
decided Green Baroque
and
rococo
200 153
×
82
mm To
be
decided Yellow-brown Iron
and
glass
architecture
500 160
×
82
mm To
be
decided Purple Modern
20th
century
architecture
2. The
seven
denominations
in
the
euro
banknote
series
shall 2. Reproductions
which
the
general
public
might
mistake
for
bear the representation of gateways and windows on the front
genuine euro banknotes shall be deemed unlawful.
side (recto) and bridges on the reverse side (verso). All seven
denominations shall be typical of the different European artistic
periods referred to above. Other elements of the designs shall
3. Reproductions
complying
with
the
following
criteria
shall
include:
be deemed lawful, since there is no risk that the general public
might mistake them for genuine euro banknotes:
(a) the symbol of the European Union;
(a) one-sided reproductions of a euro banknote as specified in
Article 1, provided that the size of the reproduction is equal
(b) the name of the currency in the Roman and Greek
to or greater than 125 % of both the length and width, or
alphabets and, additionally, for the second series of euro
equal to or less than 75 % of both the length and the width
banknotes, the name of the currency in the Cyrillic alphabet;
of the respective euro banknote as specified in Article 1; or
(c) the initials of the ECB in the European Union’s official
(b) two-sided reproductions of a euro banknote as specified in
language variants; for the first series of euro banknotes,
Article 1, provided that the size of the reproduction is equal
the initials of the ECB shall be limited to the following
to or greater than 200 % of both the length and width or
five official language variants: BCE, ECB, EZB, EKT and
equal to or less than 50 % of both the length and width of
EKP and, additionally, for the second series of euro bank
the respective euro banknote as specified in Article 1; or
notes, the initials of the ECB shall be limited to the
following nine official language variants: BCE, ECB, ЕЦБ,
EZB, EKP, EKT, EKB, BE and EBC;
(c) reproductions of individual design elements of a euro
banknote as specified in Article 1, provided that such a
design element is not depicted on a background resembling
(d) the symbol which indicates that the copyright belongs to
a banknote; or
the ECB; and
(d) one-sided reproductions depicting a part of the front side or
(e) the signature of the President of the ECB.
reverse side of a euro banknote, provided that such a part is
smaller than one third of the original front side or reverse
side of the euro banknote as specified in Article 1; or
Article 2
Reproduction rules for euro banknotes
(e) reproductions made of a material clearly different from
paper, which looks distinctly different from the material
1. ‘Reproduction’
shall
mean
any
tangible
or
intangible
image
used for banknotes; or
that uses all or part of a euro banknote as specified in Article 1,
or parts of its individual design elements such as, inter alia,
colour, dimensions and use of letters or symbols, which
(f) intangible reproductions made available electronically on
image may resemble or give the general impression of a
websites, by wire or wireless means or by any other
genuine euro banknote, irrespective of:
means that allow members of the public to access these
intangible reproductions from a place and at a time indi
vidually chosen by them, provided that:
(a) the size of the image; or
— the word SPECIMEN (sample) is incorporated diagonally
(b) the material(s) or technique(s) used to produce it; or
across the reproduction in Arial font or a font similar to
Arial font, and
(c) whether or not elements of the design of the euro banknote,
such as the letters or symbols, have been altered or added
— the resolution of the electronic reproduction in its
to.
100 % size does not exceed 72 dots per inch (dpi).
L 118/40
EN
Official Journal of the European Union
30.4.2013
4. In
the
event
of
reproductions
under
paragraph
3(f),
(d) where the genuine euro banknotes have been damaged by
anti-theft devices: a written statement on the cause of
neutralisation shall be provided by the applicant;
— the length of the word SPECIMEN shall be at least 75 % of
the length of the reproduction, and
(e) where the genuine euro banknotes have been damaged by
— the height of the word SPECIMEN shall be at least 15 % of
anti-theft devices in connection with an attempted or actual
the width of the reproduction, and
robbery, theft, or other criminal activity: the banknotes shall
be exchanged only at the request of the owner or otherwise
authorised applicant who is the victim of the attempted or
— the word SPECIMEN shall be displayed in a non-transparent
actual criminal activity leading to the damage to the bank
(opaque) colour contrasting with the dominant colour of the
notes;
respective euro banknote as specified in Article 1.
(f) where the genuine euro banknotes have been damaged by
5. The
ECB
and
the
NCBs
shall,
upon
receiving
a
written
anti-theft devices and they are presented by institutions and
request, provide confirmation that reproductions not
economic agents referred to in Article 6(1) of Regulation
complying with the criteria of paragraph 3, in so far as they
(EC) No 1338/2001: a written statement on the cause of
cannot be mistaken by the general public for a genuine euro
neutralisation, the reference and characteristics of the anti-
banknote as specified in Article 1, are also lawful. Where a
theft device, details of the party presenting the damaged
reproduction is produced in the territory of only one Member
banknotes and the date of presentation thereof shall be
State whose currency is the euro, requests as referred to above
provided by those institutions and economic agents;
shall be addressed to the NCB of that Member State. In all other
cases, such requests shall be addressed to the ECB.
(g) where the genuine euro banknotes have been damaged in
6. Reproduction
rules
for
euro
banknotes
also
apply
to
euro
bulk due to the activation of anti-theft devices: to the extent
banknotes that have been withdrawn or have lost their legal
possible and if required by NCBs, they shall be presented in
tender status under this Decision.
sets of 100 euro banknotes, provided that the amount of
euro banknotes presented is sufficient to form such sets;
Article 3
(h) where institutions and economic agents referred to in
Exchange of damaged genuine euro banknotes
Article 6(1) of Regulation (EC) No 1338/2001 present for
1. NCBs
shall,
upon
request,
under
the
conditions
laid
down
exchange, in one or more transactions, damaged genuine
in paragraph 2 and in the relevant decision of the Governing
euro banknotes with a value of at least EUR 7 500: docu
Council referred to in Article 6, exchange damaged genuine
mentation on the origin of the banknotes and identification
euro banknotes where:
of the customer or, where applicable, of the beneficial
owner as defined in Directive 2005/60/EC, shall be
provided by those institutions and economic agents. This
(a) more than 50 % of the euro banknote is presented; or
obligation shall also apply in the event of doubt regarding
whether the threshold value of EUR 7 500 is reached. The
rules laid down in this paragraph shall be without prejudice
(b) 50 % or less of the euro banknote is presented, if the
to any stricter identification and reporting requirements
applicant proves that the missing parts have been destroyed.
adopted by Member States in transposing Directive
2005/60/EC.
2. Further to paragraph 1, the following additional
conditions apply to the exchange of damaged genuine euro
3. Notwithstanding
the
above:
banknotes:
(a) where doubt exists as to the applicant’s legal title to the
(a) where NCBs know or have sufficient reason to believe that
euro banknotes: identification shall be provided by the
the genuine euro banknotes have been intentionally
applicant, as well as proof that the applicant is the owner
damaged, they shall refuse to exchange and shall withhold
or otherwise authorised applicant;
the euro banknotes, in order to avoid the return of such
euro banknotes into circulation or to prevent the applicant
from presenting them to another NCB for exchange.
(b) where doubt exists as to the authenticity of the euro bank
However, they will exchange the damaged genuine euro
notes: identification shall be provided by the applicant;
banknotes if they either know or have sufficient reason to
believe that applicants are bona fide, or if applicants can
prove that they are bona fide. Euro banknotes which are
(c) where ink-stained, contaminated or impregnated genuine
damaged to a minor degree, e.g. by having annotations,
euro banknotes are presented: a written explanation as to
numbers or brief sentences placed on them, will in
the kind of stain, contamination or impregnation shall be
principle not be considered to be intentionally damaged
provided by the applicant;
euro banknotes; and
EN
30.4.2013 Official
Journal
of
the
European
Union L
118/41
(b) where NCBs know or have sufficient reason to believe that a
(c) all other information required by the NCB is submitted.
criminal offence has been committed they shall refuse to
exchange the damaged genuine euro banknotes and shall
withhold them, against acknowledgement of receipt, as
2. Any
difference
revealed
after
processing
between
the
value
evidence to be presented to the competent authorities to
of the accidentally damaged genuine euro banknotes presented
initiate or to support an ongoing criminal investigation.
for exchange and the amount credited prior to processing shall
Unless otherwise decided by the competent authorities, the
be debited or credited, as the case may be, to the presenting
genuine euro banknotes shall at the end of the investigation
institution or economic agent.
qualify for exchange under the conditions laid down in
paragraphs 1 and 2;
3. The
fees
mentioned
in
Article
4
will
be
calculated
on
the
basis of the effective number of the accidentally damaged
(c) where NCBs know or have sufficient reason to believe that
genuine euro banknotes processed by the NCB.
the damaged genuine euro banknotes are contaminated such
that they pose a risk to health and safety, they shall
Article 6
exchange the damaged genuine euro banknotes, if the
applicant can provide a health and safety assessment by
Withdrawal of euro banknotes
the competent authorities.
The withdrawal of a euro banknote type or series shall be
regulated by a decision of the Governing Council published
Article 4
for general information in the Official Journal of the European
Establishment of a fee for the exchange of genuine euro
Union and other media. This decision shall cover, as a
banknotes damaged by anti-theft devices
minimum, the following points:
1. NCBs
shall
charge
institutions
and
economic
agents
referred to in Article 6(1) of Regulation (EC) No 1338/2001
— the euro banknote type or series to be withdrawn from
a fee when they request NCBs, in accordance with Article 3, to
circulation, and
exchange genuine euro banknotes that have been damaged by
anti-theft devices.
— the duration of the exchange period, and
2. The
fee
shall
amount
to
10
euro
cent
per
damaged
euro
banknote.
— the date on which the euro banknote type or series will lose
its legal tender status, and
3. The
fee
shall
only
be
charged
if
at
least
100
damaged
euro
banknotes are exchanged. The fee shall be charged for all
— the treatment of the euro banknotes presented once the
exchanged euro banknotes.
withdrawal period is over and/or they have lost their legal
tender status.
4. No
fee
shall
be
charged
where
euro
banknotes
have
been
damaged in connection with an attempted or actual robbery,
Article 7
theft or other criminal activity.
Entry into force and repeal
Article 5
1. Decision
ECB/2003/4
is
hereby
repealed.
Crediting of value of genuine euro banknotes accidentally
damaged by anti-theft devices and presented for exchange
2. References
to
Decision
ECB/2003/4
shall
be
construed
as
references to this Decision.
1. NCBs
shall
credit
the
institutions
and
economic
agents
referred to in Article 6(1) of Regulation (EC) No 1338/2001
which hold an account at the relevant NCB the value of genuine
3. This
Decision
shall
enter
into
force
on
the
day
following
euro banknotes that have been accidentally damaged by anti-
its publication in the Official Journal of the European Union.
theft devices on the day of receipt of those banknotes, provided
that:
(a) the euro banknotes have not been damaged in connection
Done at Frankfurt am Main, 19 April 2013.
with an actual robbery, theft or other criminal activity;
For the Governing Council of the ECB
(b) the NCB can immediately verify that the requested amount
corresponds at least roughly to the value of the banknotes
The President of the ECB
presented; and
Mario DRAGHI
L 118/42
EN
Official Journal of the European Union
30.4.2013
ANNEX
CORRELATION TABLE
Decision ECB/2003/4 This
Decision
Article 1 Article
1
Article 2 Article
2
Article 3 Article
3
Article 4 Article
4
Article 5 Article
6
Article 6 Article
7
Document Outline
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