Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | ECON | BINEV Slavi (NI) | |
Opinion | LIBE |
Legal Basis TFEU 133
Activites
- 2010/12/22 Final act published in Official Journal
-
2010/12/15
Final act signed
-
2010/12/15
End of procedure in Parliament
- #3050
-
2010/11/29
Council Meeting
-
2010/11/29
Act adopted by Council after Parliament's 1st reading
-
2010/09/07
Results of vote in Parliament
- Results of vote in Parliament
-
T7-0292/2010
summary
The European Parliament adopted by 605 votes to 5 with 16 abstentions a legislative resolution setting out its position at first reading under the ordinary legislative procedure (formerly known as the codecision procedure) on the proposal for a regulation of the European Parliament and of the Council concerning authentication of euro coins and handling of euro coins unfit for circulation. The main amendments are as follows:Authentication of euro coins: this must be done by means of coin-processing machines included in the list of coin-processing machines, or by personnel trained in accordance with the modalities defined by Member States.Required testing: the institutions shall use only the types of coin-processing machines that have successfully passed a detection test conducted by the designated national authorities or by the European Technical and Scientific Centre (ETSC) and that were listed on the website referred to in the proposal at the time of their purchase. The institutions shall ensure that those machines are regularly adjusted to maintain their detection capability, taking into consideration the modifications introduced in the list.For a transitional period of three years from 1 January 2012, Member States may provide specific derogations from the provisions above, for coin-processing machines that have been in use at the time the Regulation enters into force and that have proved capable of detecting counterfeit euro coins, euro coins unfit for circulation and other coin-like objects that are not genuine euro coins, even if they are not included in the list on the website. Such derogations shall be adopted after consultations with the CCEG.The Commission shall provide that the ETSC, within a reasonable time frame, after having consulted the CCEG, defines the technical specifications for the detection test, and other practical implementation provisions, such as training practices, the period of validity of the detection test report, the information to be included in the list,, the guidelines related to control, checks and auditing by Member States, the rules of procedure for the rectification of non-compliances, as well as the relevant thresholds for acceptance of genuine coins.Control and auditing by Member States: Parliament states that the number of machines to be verified each year in each Member State shall be such that the volume of euro coins processed by these machines during that year represents at least 25% of the total cumulated net volume of coins issued by that Member State from the introduction of the euro coins until the end of the previous year. The number of machines to be verified shall be calculated on the basis of the volume of the three highest denominations of euro coins intended for circulation. Member States shall endeavour to ensure that machines are verified on a rotating basis. In the event that the number of machines to be verified, as obtained by applying the above calculation method is higher than the number of machines operating in one Member State, all the machines operating in that Member State shall be verified annually. Notwithstanding this, Member States shall endeavour to ensure that machines are verified on a rotating basis.Members specify that for a transitional period of three years from 1 January 2012, Member States may decide, following notification to the Commission, that the number of machines to be verified each year shall be such that the volume of euro coins processed by those machines during that year represents at least 10 % of the total cumulated net volume of coins issued by that Member State from the introduction of the euro coins until the end of the previous year.As part of the annual controls, Member States shall also monitor the capacity of the institutions to authenticate euro coins on the basis of, inter alia, the existence of a written policy providing instructions relating either to the use of automatic coin-processing equipment or to manual sorting, as appropriate ; and the existence of internal control procedures describing the modalities and the frequency of the controls to be carried out by the institution in order to ensure that its sorting centres or its staff follows the above-mentioned instructions. Where a Member State detects non-compliance with this Regulation, the institution concerned shall take the measures to ensure that the non-compliance is rectified promptly.Handling fees: a new recital states that each designated national authority handling euro coins unfit for circulation may apply a handling fee in accordance with the Regulation in order to cover the expenses related to the process. Handling fees should not be applied to submissions by natural persons of small quantities of unfit coins. Member States should be able to provide for exemptions from handling fees for legal persons which cooperate closely with the authorities in removing counterfeit and unfit coins from circulation. Member States should be able to accept counterfeit and unfit coins to be packaged together without applying a surcharge, if this serves public interest.In addition, Parliament states that a maximum quantity of one kilogramme euro coins unfit for circulation per denomination is exempted from the handling fee each year for one submitting legal or natural person. If that limit is exceeded, all the coins submitted may be subject to a fee.If an individual submission includes coins treated with chemical or other hazardous substances to such a degree that they may be deemed to harbour a health risk for handlers, the charges levied shall be supplemented by a further fee equivalent to 20 % of the nominal value of the euro coins submitted.Packaging of euro coins unfit for circulation: where coins have been treated with chemical or other hazardous substances, the standard packaging units shall be accompanied by a written declaration specifying the exact substances which have been used.Checks of euro coins unfit for circulation: Members add that Member States may also refuse to accept euro coins, where the acceptance or processing of such coins constitutes a health risk for human handlers or if a submission fails to meet packaging and labelling standards, and provide for measures to be adopted with respect to the legal and natural persons having submitted such coins.Penalties: Member States shall lay down the appropriate rules on penalties applicable to infringementsEvaluation: in order to enable Member States to monitor the compliance of the institutions with the Regulation, the institutions shall, if so requested, provide, at least on an annual basis, the Member States with the following information, as a minimum:types and number of machines used;location of each machine; andvolume of processed coins for each machine per year and per denomination, at least for the three highest denominations.Member States shall ensure that information concerning the authorities designated for reimbursement of replacement and specific modalities, such as packaging requirements and fees, is made available on the appropriate web sites and through the appropriate publications.After analysis of the received reports of the Member States, the Commission shall present an annual report to the Economic and Financial Committee on developments and results concerning euro coin authentication and euro coins that are unfit for circulation.The Commission shall report to the European Parliament and to the Council by 30 June 2014 on the operation and the effects of this Regulation. The report may be accompanied where necessary by legislative proposals implementing in further detail, or amending, the provisions of this Regulation, in particular with respect to provisions on control and auditing by Member States and on withdrawal and reimbursement of euro coins unfit for circulation.
- 2010/06/28 Committee report tabled for plenary, 1st reading/single reading
-
2010/06/22
Vote in committee, 1st reading/single reading
-
2009/12/02
Additional information
-
2009/10/07
Committee referral announced in Parliament, 1st reading/single reading
-
2009/09/11
Legislative proposal published
-
COM(2009)0459
summary
PURPOSE: to lay down procedures regarding the authentication of euro coins and the handling of euro coins unfit for circulation. PROPOSED ACT: Council Regulation. BACKGROUND: Council Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting requires credit institutions, and, within the limits of their payment activity, other payment service providers, and any other institutions engaged in the processing and distribution to the public of notes and coins to ensure that euro notes and coins which they have received and which they intend to put back into circulation are checked for authenticity and that counterfeits are detected.Commission Recommendation 2005/504/EC of 27 May 2005 concerning authentication of euro coins and handling of euro coins unfit for circulation provides for practices regarding authentication of euro coins and handling of euro coins unfit for circulation. However, the lack of a mandatory common framework for coin authentication results in different practices among Member States and cannot, therefore, ensure a uniform protection of the currency across the Community.In order to achieve an effective and uniform authentication of euro coins throughout the euro area, it is therefore necessary to introduce binding rules for the implementation of common procedures for authentication of the circulating euro coins and of control mechanisms of these procedures by the national authorities.This is the aim of the proposed Regulation.IMPACT ASSESSMENT: the need for such binding common rules concerning euro coin authentication and unfit euro coins was underlined in the context of the evaluation of the above mentioned Commission Recommendation, carried out in line with its Article 12. This was conducted in collaboration with the Member States, which expressed broad support for the provisions currently proposed. For the purpose of the evaluation, a number of workshops and meetings were organised, also involving representatives of the private sector.CONTENT: the proposed Regulation includes provisions regarding:Authentication of euro coins: the institutions concerned must ensure that euro coin authentication is carried out by means of coin processing equipment capable of detecting counterfeits; or manually, by trained staff. The coin processing equipment is to be adjusted on the basis of a detection test, the modalities of which are defined by the European Technical and Scientific Centre (ETSC). Testing possibilities for these machines shall become available at the Coin National Analysis Centres and at the ETSC and a list of the machines having successfully undergone the test will be published by the Commission. Member States will be responsible for overseeing the functioning of the euro coin authentication system.Handling of unfit euro coins: Member States remove from circulation not only counterfeits but also those genuine euro coins which are no longer fit for circulation. They reimburse those which have been rendered unfit by long circulation or accident but would refuse reimbursement of coins become unfit as a result of manipulation. The designated services in Member States will charge a 5% levy on the value of unfit coins submitted but have the possibility to offer broad exemptions to companies that cooperate closely with the authorities in cleaning the market from counterfeits and unfit coins. Specific packaging will be required for submissions and Member States will destroy the unfit coins removed from circulation.It should also be noted that provision is made for reporting and communication, with a view to presenting to Member States a global view of the relevant activity. The proposed procedures on the euro coins are complementary to the ones proposed by the European Central Bank concerning the detection of counterfeit euro banknotes and their fitness sorting.The proposed provisions are designed for Member States which use the euro as their single currency. This is because euro coin authentication methods, in a less complete form, are already established for non-euro area Member States in the modified Regulation 1338/2001. BUDGETARY IMPLICATIONS: the proposal has no implication for the Community budget.
- DG {'url': 'http://ec.europa.eu/dgs/olaf/', 'title': 'European Anti-Fraud Office (OLAF)'}, ŠEMETA Algirdas
-
COM(2009)0459
summary
Documents
- Legislative proposal published: COM(2009)0459
- Committee report tabled for plenary, 1st reading/single reading: A7-0212/2010
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0292/2010
- : Regulation 2010/1210
- : OJ L 339 22.12.2010, p. 0001
Amendments | Dossier |
11 |
2009/0128(COD)
2010/05/11
ECON
11 amendments...
Amendment 41 #
Proposal for a regulation Recital 6 a (new) (6a) Each institution performing authentication of euro coins may apply a handling fee in accordance with this Regulation in order to cover the institution’s expenses related to the process. The handling fee must not be a burden on private individuals.
Amendment 42 #
Proposal for a regulation Recital 6 c (new) (6c) Each designated authority handling euro coins unfit for circulation may apply a handling fee in accordance with this Regulation in order to cover the expenses related to the process.
Amendment 43 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. The institutions shall ensure that euro coins with a nominal value of 2 euros, 1 euro and 50 cents, which they have received and which they intend to put back into circulation, are submitted to authentication. They shall implement this obligation
Amendment 44 #
Proposal for a regulation Article 3 – paragraph 1 – point a (a)
Amendment 45 #
Proposal for a regulation Article 3 – paragraph 1 – point b (b) by
Amendment 46 #
Proposal for a regulation Article 4 – paragraph 2 a (new) (2a) The Commission shall publish guidelines within a reasonable time of this Regulation coming into force in order to ensure the technical applicability of the provisions of paragraph 1.
Amendment 47 #
Proposal for a regulation Article 5 – paragraph 3 a (new) (3a) If during the maintenance process of the coin processing machine it is discovered that the coin processing machine is defective, the further handling of that machine, whether repair or destruction, shall take place in accordance with rules set out by the competent authorities.
Amendment 48 #
Proposal for a regulation Article 6 – paragraph 2 2. Member States shall perform annually on-the-spot controls in the institutions with a view to verifying the proper functioning of a representative number of coin- processing machines used through detection tests. Where
Amendment 49 #
Proposal for a regulation Article 8 – paragraph 4 a (new) (4a) If an individual submission includes coins which may be deemed to harbour a health risk for handlers, the charges levied in accordance with paragraph 1 shall be supplemented by a further fee equivalent to 20 % of the nominal value of the submitted euro coins.
Amendment 50 #
Proposal for a regulation Article 8 – paragraph 4 a (new) (4a) If an individual submission contains coins which have been damaged by hazardous substances to such an extent that they may be considered dangerous to those required to handle them, the fee withheld in accordance with paragraph 1 shall be supplemented by an additional fee equivalent to 20% of the nominal value of the euro coins submitted.
Amendment 51 #
Proposal for a regulation Article 12 a (new) Article 12a Review By 31 December 2015, the Commission shall review the implementation of this Regulation and shall, where appropriate, come forward with a proposal for a revised definition of ‘euro coins unfit for circulation’, taking due account of factors such as electrical and/or magnetic characteristics, size and visual features.
source: PE-441.190
|
History
(these mark the time of scraping, not the official date of the change)
links/European Commission/title |
Old
PreLexNew
EUR-Lex |
activities |
|
committees |
|
links |
|
other |
|
procedure |
|