ETSC · GlobalLawDB

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THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to Council Decision 2003/861/EC^note of 8 December 2003 concerning analysis and cooperation with regard to counterfeit euro coins, and in particular Article 1 thereof,Having regard to Council Decision 2003/862/EC^note of 8 December 2003 extending the effects of Decision 2003/861/EC concerning analysis and cooperation with regard to counterfeit euro coins to those Member States which have not adopted the euro as their single currency, and in particular Article 1 thereof,Whereas:

(1)The European Technical and Scientific Centre (the ‘ETSC’) is established within the Commission’s Directorate-General for Economic and Financial Affairs (DG ECFIN), in accordance with Article 1 of Commission Decision 2005/37/EC^note.

(2)Pursuant to Article 7(2) of Council Regulation (EC) No 1338/2001^note, the competent national authorities, the Commission and the European Central Bank are to cooperate to protect the euro against counterfeiting, by means of exchanging information and ensuring mutual assistance.

(3)The ETSC performs its tasks in Brussels. Some of its tasks are carried out at the French Coin National Analysis Centre, established within the French Mint in Pessac.

(4)Pursuant to Article 2 of Decision 2005/37/EC, the ETSC is to coordinate the implementation of the authentication procedures as required by Regulation (EU) No 1210/2010 of the European Parliament and of the Council^note.

(5)The ETSC uses the available technical equipment in order to perform preliminary, non-destructive analysis of counterfeit euro coins. That includes, inter alia, microscopic, visual and technical analysis of counterfeit euro coins seized by Member States, preparation of the relevant technical documents and research using dedicated IT databases to identify common characteristics with already existing and classified categories of counterfeit euro coins.

(6)It is necessary that the ETSC also perform advanced, non-destructive analysis with a view to identifying in a timely manner high quality counterfeit euro coins, defining their technical features and assessing promptly the threat level they pose. That type of advanced non-destructive analysis would enable the ETSC to take the appropriate, timely and effective policy decisions to tackle emerging threats and inform law enforcement authorities of emerging threats as part of the anti-counterfeiting strategy. To that end, the ETSC should be able to acquire the appropriate technical equipment for performing such advanced non-destructive analysis. Under the applicable financial regulations, the expenses related to technical equipment made available and to the personnel of the ETSC should be charged to the general budget of the European Union.

(7)The ETSC performs complementary, non-destructive analysis at the French Mint for finalising the classification of new types of counterfeit euro coins. On an ad hoc basis, the ETSC also performs complementary destructive analysis using the specialised technical equipment at the French Mint.

(8)Therefore, Decision 2005/37/EC should be amended accordingly,

HAS ADOPTED THIS DECISION: