Commission Recommendation

of 19 August 2002

concerning medals and tokens similar to euro coins

(notified under document number C(2002) 3107)

(2002/664/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community, and in particular Article 211 thereof,

(1) The euro became the currency of the participating Member States as from 1 January 1999. The euro banknotes and coins, following their introduction on 1 January 2002, circulate throughout the whole euro area.

(2) The scope of application of the Commission recommendation of 13 January 1999 concerning collector coins, medals and tokens(1) is limited to the transitional period from 1 January 1999 to 31 December 2001.

(3) Euro circulating coins issued by participating Member States or by third countries which have concluded an agreement with the European Community on the introduction of the euro (hereinafter, "participating third countries") have legal tender status in the participating Member States and in the participating third countries. Euro collector coins issued by participating Member States or by participating third countries have legal tender status in the issuing State.

(4) Citizens could believe that circular metallic objects bearing the words "euro" or "euro cent" or showing a design which is similar to the design which appears on the common or on the national side of the euro coins, have legal tender status at least in the issuing Member State or in a participating third country.

(5) It is necessary to avoid confusion for the citizens as regards the legal tender status of euro coins and ensure that a minimum level of protection of the euro against confusion exists in all Member States.

(6) In order to reduce the risk of confusion, it is desirable to ban from the territory of the European Union all medals and tokens which bear the words "euro" or "euro cent", which show the euro symbol or a similar symbol; or which show a design similar to the one which appears on the common or on the national side of the euro coin.

(7) In order to achieve this, official minting institutions and issuing private companies in the Member States should not produce for the purpose of sale or for commercial purposes, medals and tokens of the kind referred in this recommendation. In order to avoid that medals and tokens of the kind referred circulating in third countries, will also circulate in the Community territory, the ban should also concern the sale, production, stock, import and distribution for the purpose of sale or for commercial purposes of the said medals and tokens.

(8) In several Member States, legislation on medals and tokens exists which goes in the direction recommended herein.

(9) It would be desirable that third countries, including the participating third countries support the efforts made by the European Union to protect its citizens against confusion and fraud, and for that purpose avoid issuing medals, tokens and coins of the kind referred,

HEREBY RECOMMENDS:

Article 1

Definitions

For the purpose of this Recommendation, the following definitions shall apply:

(a) "euro" is the lawful currency of the participating Member States as defined in Article 2 of Council Regulation (EC) No 974/98 on the introduction of the euro(2) and of those participating third countries which have concluded an agreement with the European Community on the introduction of the euro(3) (hereinafter, "participating third countries");

(b) "euro symbol" is the symbol representing the euro ([fmxeuro]) as described in the Annex to communication COM(97) 418 of 23 July 1997 on the use of the euro symbol;

(c) "medals and tokens" refer to those metallic objects which look like a coin but which are neither legal means of payment nor legal tender or are not issued under national or participating third countries or other foreign legislative provisions.

Article 2

Recommended practice

The sale and the production, stock, import and distribution for the purpose of sale or for commercial purposes, of medals and tokens whose size is close to the one of the euro coins, should not take place in the following cases:

(a) when they bear the terms "euro" or "euro cent"; or

(b) when they bear the euro symbol or a symbol close to the euro symbol combined with an indication of nominal value; or

(c) when they show a design, which is similar to the design which appears on the common or on the national side of euro coins or which has already been officially laid down for the minting of such coins in the future.

Article 3

Implementation by Member States

Member States are recommended to take, as soon as possible, all measures deemed necessary including national legislation, to ensure, as a minimum standard, the full implementation of the recommended practice. Member States are invited to communicate to the Commission the measures taken to comply with this recommendation. On the basis of the measures applied in the Member States, the Commission will consider the need for further action at Community level in the course of 2003.

Article 4

Addressees

This recommendation is addressed to the Member States and to all economic agents, who may produce, distribute, import or sell medals and tokens.

Done at Brussels, 19 August 2002.

For the Commission

Michaele Schreyer

Member of the Commission

(1) OJ L 20, 27.1.1999, p. 61.

(2) OJ L 139, 11.5.1998, p. 1.

(3) Principality of Monaco, Republic of San Marino, Vatican City.