Guideline (EU) 2020/2091 of the European Central Bank of 4 December 2020 amending Guideline ECB/2003/5 on the enforcement of measures to counter non-compliant reproductions of euro banknotes and on the exchange and withdrawal of euro banknotes (ECB/2020/61)

For the purposes of this Guideline: 1. a “non-compliant reproduction” means any reproduction referred to in Article 2(1) of Decision ECB/2013/10 of the European Central Bank that: (a) does not comply with the criteria set out in Article 2(3) of Decision ECB/2013/10 and is not exempted by the ECB or the relevant NCB under Article 2(5) of Decision ECB/2013/10; or (b) infringes the ECB’s copyright on euro banknotes for instance by adversely affecting the standing of euro banknotes; 2. a “non-compliant activity” means the production, possession, transportation, dissemination, selling, promotion, import into the Union and use or attempted use for transactions of non-compliant reproductions.

1 All requests for an exemption in accordance with Article 2(5) of Decision ECB/2013/10 shall be dealt with: (a) by the respective NCB, on the ECB’s behalf, if the reproductions have only been or will only be produced in the territory of its Member State; or (b) by the ECB in all other cases described in Article 2(5) of Decision ECB/2013/10.

2 If an NCB receives a request for an exemption of a novel kind, the NCB shall inform the ECB of the request and its intention either to grant or to deny an exemption. Should the ECB’s and the NCB’s views in this respect differ from each other, the Executive Board shall decide. In reaching its decision, the Executive Board shall take into account the views of the Banknote Committee and the Legal Committee, in particular any views expressed concerning the individual situation of the Member State in question subject to views expressed on the implications of the decision for the entire euro area. The ECB shall collect the data on the requests received by it (whether or not addressed to it) and the responses to those requests and inform the NCBs thereof. The ECB may also publish the consolidated data from time to time.’.

This Guideline shall take effect on the day of its notification to the national central banks of the Member States whose currency is the euro.

This Guideline is addressed to all Eurosystem central banks.