EUR-Lex - 32001L0055 - EN Avis juridique important | 32001L0055 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof Official Journal L 212 , 07/08/2001 P. 0012 - 0023 Council Directive 2001/55/ECof 20 July 2001on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereofTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular point 2(a) and (b) of Article 63 thereof,Having regard to the proposal from the Commission(1)Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the Economic and Social Committee(3),Having regard to the opinion of the Committee of the Regions(4),Whereas:(1) The preparation of a common policy on asylum, including common European arrangements for asylum, is a constituent part of the European Union's objective of establishing progressively an area of freedom, security and justice open to those who, forced by circumstances, legitimately seek protection in the European Union.(2) Cases of mass influx of displaced persons who cannot return to their country of origin have become more substantial in Europe in recent years. In these cases it may be necessary to set up exceptional schemes to offer them immediate temporary protection.(3) In the conclusions relating to persons displaced by the conflict in the former Yugoslavia adopted by the Ministers responsible for immigration at their meetings in London on 30 November and 1 December 1992 and Copenhagen on 1 and 2 June 1993, the Member States and the Community institutions expressed their concern at the situation of displaced persons.(4) On 25 September 1995 the Council adopted a Resolution on burden-sharing with regard to the admission and residence of displaced persons on a temporary basis(5), and, on 4 March 1996, adopted Decision 96/198/JHA on an alert and emergency procedure for burden-sharing with regard to the admission and residence of displaced persons on a temporary basis(6).(5) The Action Plan of the Council and the Commission of 3 December 1998(7) provides for the rapid adoption, in accordance with the Treaty of Amsterdam, of minimum standards for giving temporary protection to displaced persons from third countries who cannot return to their country of origin and of measures promoting a balance of effort between Member States in receiving and bearing the consequences of receiving displaced persons.(6) On 27 May 1999 the Council adopted conclusions on displaced persons from Kosovo. These conclusions call on the Commission and the Member States to learn the lessons of their response to the Kosovo crisis in order to establish the measures in accordance with the Treaty.(7) The European Council, at its special meeting in Tampere on 15 and 16 October 1999, acknowledged the need to reach agreement on the issue of temporary protection for displaced persons on the basis of solidarity between Member States.(8) It is therefore necessary to establish minimum standards for giving temporary protection in the event of a mass influx of displaced persons and to take measures to promote a balance of efforts between the Member States in receiving and bearing the consequences of receiving such persons.(9) Those standards and measures are linked and interdependent for reasons of effectiveness, coherence and solidarity and in order, in particular, to avert the risk of secondary movements. They should therefore be enacted in a single legal instrument.(10) This temporary protection should be compatible with the Member States' international obligations as regards refugees. In particular, it must not prejudge the recognition of refugee status pursuant to the Geneva Convention of 28 July 1951 on the status of refugees, as amended by the New York Protocol of 31 January 1967, ratified by all the Member States.(11) The mandate of the United Nations High Commissioner for Refugees regarding refugees and other persons in need of international protection should be respected, and effect should be given to Declaration No 17, annexed to the Final Act to the Treaty of Amsterdam, on Article 63 of the Treaty establishing the European Community which provides that consultations are to be established with the United Nations High Commissioner for Refugees and other relevant international organisations on matters relating to asylum policy.(12) It is in the very nature of minimum standards that Member States have the power to introduce or maintain more favourable provisions for persons enjoying temporary protection in the event of a mass influx of displaced persons.(13) Given the exceptional character of the provisions established by this Directive in order to deal with a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin, the protection offered should be of limited duration.(14) The existence of a mass influx of displaced persons should be established by a Council Decision, which should be binding in all Member States in relation to the displaced persons to whom the Decision applies. The conditions for the expiry of the Decision should also be established.(15) The Member States' obligations as to the conditions of reception and residence of persons enjoying temporary protection in the event of a mass influx of displaced persons should be determined. These obligations should be fair and offer an adequate level of protection to those concerned.(16) With respect to the treatment of persons enjoying temporary protection under this Directive, the Member States are bound by obligations under instruments of international law to which they are party and which prohibit discrimination.(17) Member States should, in concert with the Commission, enforce adequate measures so that the processing of personal data respects the standard of protection of Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(8).(18) Rules should be laid down to govern access to the asylum procedure in the context of temporary protection in the event of a mass influx of displaced persons, in conformity with the Member States' international obligations and with the Treaty.(19) Provision should be made for principles and measures governing the return to the country of origin and the measures to be taken by Member States in respect of persons whose temporary protection has ended.(20) Provision should be made for a solidarity mechanism intended to contribute to the attainment of a balance of effort between Member States in receiving and bearing the consequences of receiving displaced persons in the event of a mass influx. The mechanism should consist of two components. The first is financial and the second concerns the actual reception of persons in the Member States.(21) The implementation of temporary protection should be accompanied by administrative cooperation between the Member States in liaison with the Commission.(22) It is necessary to determine criteria for the exclusion of certain persons from temporary protection in the event of a mass influx of displaced persons.(23) Since the objectives of the proposed action, namely to establish minimum standards for giving temporary protection in the event of a mass influx of displaced persons and measures promoting a balance of efforts between the Member States in receiving and bearing the consequences of receiving such persons, cannot be sufficiently attained by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.(24) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland, annexed to the Treaty on European Union and to the Treaty establishing the European Community, the United Kingdom gave notice, by letter of 27 September 2000, of its wish to take part in the adoption and application of this Directive.(25) Pursuant to Article 1 of the said Protocol, Ireland is not participating in the adoption of this Directive. Consequently and without prejudice to Article 4 of the aforementioned Protocol, the provisions of this Directive do not apply to Ireland.(26) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not participating in the adoption of this Directive, and is therefore not bound by it nor subject to its application,HAS ADOPTED THIS DIRECTIVE:CHAPTER IGeneral provisionsArticle 1The purpose of this Directive is to establish minimum standards for giving temporary protection in the event of a mass influx of displaced persons from third countries who are unable to return to their country of origin and to promote a balance of effort between Member States in receiving and bearing the consequences of receiving such persons.Article 2For the purposes of this Directive:(a) "temporary protection" means a procedure of exceptional character to provide, in the event of a mass influx or imminent mass influx of displaced persons from third countries who are unable to return to their country of origin, immediate and temporary protection to such persons, in particular if there is also a risk that the asylum system will be unable to process this influx without adverse effects for its efficient operation, in the interests of the persons concerned and other persons requesting protection;(b) "Geneva Convention" means the Convention of 28 July 1951 relating to the status of refugees, as amended by the New York Protocol of 31 January 1967;(c) "displaced persons" means third-country nationals or stateless persons who have had to leave their country or region of origin, or have been evacuated, in particular in response to an appeal by international organisations, and are unable to return in safe and durable conditions because of the situation prevailing in that country, who may fall within the scope of Article 1A of the Geneva Convention or other international or national instruments giving international protection, in particular:(i) persons who have fled areas of armed conflict or endemic violence;(ii) persons at serious risk of, or who have been the victims of, systematic or generalised violations of their human rights;(d) "mass influx" means arrival in the Community of a large number of displaced persons, who come from a specific country or geographical area, whether their arrival in the Community was spontaneous or aided, for example through an evacuation programme;(e) "refugees" means third-country nationals or stateless persons within the meaning of Article 1A of the Geneva Convention;(f) "unaccompanied minors" means third-country nationals or stateless persons below the age of eighteen, who arrive on the territory of the Member States unaccompanied by an adult responsible for them whether by law or custom, and for as long as they are not effectively taken into the care of such a person, or minors who are left unaccompanied after they have entered the territory of the Member States;(g) "residence permit" means any permit or authorisation issued by the authorities of a Member State and taking the form provided for in that State's legislation, allowing a third country national or a stateless person to reside on its territory;(h) "sponsor" means a third-country national enjoying temporary protection in a Member State in accordance with a decision taken under Article 5 and who wants to be joined by members of his or her family.Article 31. Temporary protection shall not prejudge recognition of refugee status under the Geneva Convention.2. Member States shall apply temporary protection with due respect for human rights and fundamental freedoms and their obligations regarding non-refoulement.3. The establishment, implementation and termination of temporary protection shall be the subject of regular consultations with the Office of the United Nations High Commissioner for Refugees (UNHCR) and other relevant international organisations.4. This Directive shall not apply to persons who have been accepted under temporary protection schemes prior to its entry into force.5. This Directive shall not affect the prerogative of the Member States to adopt or retain more favourable conditions for persons covered by temporary protection.CHAPTER IIDuration and implementation of temporary protectionArticle 41. Without prejudice to Article 6, the duration of temporary protection shall be one year. Unless terminated under the terms of Article 6(1)(b), it may be extended automatically by six monthly periods for a maximum of one year.2. Where reasons for temporary protection persist, the Council may decide by qualified majority, on a proposal from the Commission, which shall also examine any request by a Member State that it submit a proposal to the Council, to extend that temporary protection by up to one year.Article 51. The existence of a mass influx of displaced persons shall be established by a Council Decision adopted by a qualified majority on a proposal from the Commission, which shall also examine any request by a Member State that it submit a proposal to the Council.2. The Commission proposal shall include at least:(a) a description of the specific groups of persons to whom the temporary protection will apply;(b) the date on which the temporary protection will take effect;(c) an estimation of the scale of the movements of displaced persons.3. The Council Decision shall have the effect of introducing temporary protection for the displaced persons to which it refers, in all the Member States, in accordance with the provisions of this Directive. The Decision shall include at least:(a) a description of the specific groups of persons to whom the temporary protection applies;(b) the date on which the temporary protection will take effect;(c) information received from Member States on their reception capacity;(d) information from the Commission, UNHCR and other relevant international organisations.4. The Council Decision shall be based on:(a) an examination of the situation and the scale of the movements of displaced persons;(b) an assessment of the advisability of establishing temporary protection, taking into account the potential for emergency aid and action on the ground or the inadequacy of such measures;(c) information received from the Member States, the Commission, UNHCR and other relevant international organisations.5. The European Parliament shall be informed of the Council Decision.Article 61. Temporary protection shall come to an end:(a) when the maximum duration has been reached; or(b) at any time, by Council Decision adopted by a qualified majority on a proposal from the Commission, which shall also examine any request by a Member State that it submit a proposal to the Council.2. The Council Decision shall be based on the establishment of the fact that the situation in the country of origin is such as to permit the safe and durable return of those granted temporary protection with due respect for human rights and fundamental freedoms and Member States' obligations regarding non-refoulement. The European Parliament shall be informed of the Council Decision.Article 71. Member States may extend temporary protection as provided for in this Directive to additional categories of displaced persons over and above those to whom the Council Decision provided for in Article 5 applies, where they are displaced for the same reasons and from the same country or region of origin. They shall notify the Council and the Commission immediately.2. The provisions of Articles 24, 25 and 26 shall not apply to the use of the possibility referred to in paragraph 1, with the exception of the structural support included in the European Refugee Fund set up by Decision 2000/596/EC(9), under the conditions laid down in that Decision.CHAPTER IIIObligations of the Member States towards persons enjoying temporary protectionArticle 81. The Member States shall adopt the necessary measures to provide persons enjoying temporary protection with residence permits for the entire duration of the protection. Documents or other equivalent evidence shall be issued for that purpose.2. Whatever the period of validity of the residence permits referred to in paragraph 1, the treatment granted by the Member States to persons enjoying temporary protection may not be less favourable than that set out in Articles 9 to 16.3. The Member States shall, if necessary, provide persons to be admitted to their territory for the purposes of temporary protection with every facility for obtaining the necessary visas, including transit visas. Formalities must be reduced to a minimum because of the urgency of the situation. Visas should be free of charge or their cost reduced to a minimum.Article 9The Member States shall provide persons enjoying temporary protection with a document, in a language likely to be understood by them, in which the provisions relating to temporary protection and which are relevant to them are clearly set out.Article 10To enable the effective application of the Council Decision referred to in Article 5, Member States shall register the personal data referred to in Annex II, point (a), with respect to the persons enjoying temporary protection on their territory.Article 11A Member State shall take back a person enjoying temporary protection on its territory, if the said person remains on, or, seeks to enter without authorisation onto, the territory of another Member State during the period covered by the Council Decision referred to in Article 5. Member States may, on the basis of a bilateral agreement, decide that this Article should not apply.Article 12The Member States shall authorise, for a period not exceeding that of temporary protection, persons enjoying temporary protection to engage in employed or self-employed activities, subject to rules applicable to the profession, as well as in activities such as educational opportunities for adults, vocational training and practical workplace experience. For reasons of labour market policies, Member States may give priority to EU citizens and citizens of States bound by the Agreement on the European Economic Area and also to legally resident third-country nationals who receive unemployment benefit. The general law in force in the Member States applicable to remuneration, access to social security systems relating to employed or self-employed activities and other conditions of employment shall apply.Article 131. The Member States shall ensure that persons enjoying temporary protection have access to suitable accommodation or, if necessary, receive the means to obtain housing.2. The Member States shall make provision for persons enjoying temporary protection to receive necessary assistance in terms of social welfare and means of subsistence, if they do not have sufficient resources, as well as for medical care. Without prejudice to paragraph 4, the assistance necessary for medical care shall include at least emergency care and essential treatment of illness.3. Where persons enjoying temporary protection are engaged in employed or self-employed activities, account shall be taken, when fixing the proposed level of aid, of their ability to meet their own needs.4. The Member States shall provide necessary medical or other assistance to persons enjoying temporary protection who have special needs, such as unaccompanied minors or persons who have undergone torture, rape or other serious forms of psychological, physical or sexual violence.Article 141. The Member States shall grant to persons under 18 years of age enjoying temporary protection access to the education system under the same conditions as nationals of the host Member State The Member States may stipulate that such access must be confined to the state education system.2. The Member States may allow adults enjoying temporary protection access to the general education system.Article 151. For the purpose of this Article, in cases where families already existed in the country of origin and were separated due to circumstances surrounding the mass influx, the following persons shall be considered to be part of a family:(a) the spouse of the sponsor or his/her unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to aliens; the minor unmarried children of the sponsor or of his/her spouse, without distinction as to whether they were born in or out of wedlock or adopted;(b) other close relatives who lived together as part of the family unit at the time of the events leading to the mass influx, and who were wholly or mainly dependent on the sponsor at the time.2. In cases where the separate family members enjoy temporary protection in different Member States, Member States shall reunite family members where they are satisfied that the family members fall under the description of paragraph 1(a), taking into account the wish of the said family members. Member States may reunite family members where they are satisfied that the family members fall under the description of paragraph 1(b), taking into account on a case by case basis the extreme hardship they would face if the reunification did not take place.3. Where the sponsor enjoys temporary protection in one Member State and one or some family members are not yet in a Member State, the Member State where the sponsor enjoys temporary protection shall reunite family members, who are in need of protection, with the sponsor in the case of family members where it is satisfied that they fall under the description of paragraph 1(a). The Member State may reunite family members, who are in need of protection, with the sponsor in the case of family members where it is satisfied that they fall under the description of paragraph 1(b), taking into account on a case by case basis the extreme hardship which they would face if the reunification did not take place.4. When applying this Article, the Member States shall taken into consideration the best interests of the child.5. The Member States concerned shall decide, taking account of Articles 25 and 26, in which Member State the reunification shall take place.6. Reunited family members shall be granted residence permits under temporary protection. Documents or other equivalent evidence shall be issued for that purpose. Transfers of family members onto the territory of another Member State for the purposes of reunification under paragraph 2, shall result in the withdrawal of the residence permits issued, and the termination of the obligations towards the persons concerned relating to temporary protection, in the Member State of departure.7. The practical implementation of this Article may involve cooperation with the international organisations concerned.8. A Member State shall, at the request of another Member State, provide information, as set out in Annex II, on a person receiving temporary protection which is needed to process a matter under this Article.Article 161. The Member States shall as soon as possible take measures to ensure the necessary representation of unaccompanied minors enjoying temporary protection by legal guardianship, or, where necessary, representation by an organisation which is responsible for the care and well-being of minors, or by any other appropriate representation.2. During the period of temporary protection Member States shall provide for unaccompanied minors to be placed:(a) with adult relatives;(b) with a foster-family;(c) in reception centres with special provisions for minors, or in other accommodation suitable for minors;(d) with the person who looked after the child when fleeing.The Member States shall take the necessary steps to enable the placement. Agreement by the adult person or persons concerned shall be established by the Member States. The views of the child shall be taken into account in accordance with the age and maturity of the child.CHAPTER IVAccess to the asylum procedure in the context of temporary protectionArticle 171. Persons enjoying temporary protection must be able to lodge an application for asylum at any time.2. The examination of any asylum application not processed before the end of the period of temporary protection shall be completed after the end of that period.Article 18The criteria and mechanisms for deciding which Member State is responsible for considering an asylum application shall apply. In particular, the Member State responsible for examining an asylum application submitted by a person enjoying temporary protection pursuant to this Directive, shall be the Member State which has accepted his transfer onto its territory.Article 191. The Member States may provide that temporary protection may not be enjoyed concurrently with the status of asylum seeker while applications are under consideration.2. Where, after an asylum application has been examined, refugee status or, where applicable, other kind of protection is not granted to a person eligible for or enjoying temporary protection, the Member States shall, without prejudice to Article 28, provide for that person to enjoy or to continue to enjoy temporary protection for the remainder of the period of protection.CHAPTER VReturn and measures after temporary protection has endedArticle 20When the temporary protection ends, the general laws on protection and on aliens in the Member States shall apply, without prejudice to Articles 21, 22 and 23.Article 211. The Member States shall take the measures necessary to make possible the voluntary return of persons enjoying temporary protection or whose temporary protection has ended. The Member States shall ensure that the provisions governing voluntary return of persons enjoying temporary protection facilitate their return with respect for human dignity.The Member State shall ensure that the decision of those persons to return is taken in full knowledge of the facts. The Member States may provide for exploratory visits.2. For such time as the temporary protection has not ended, the Member States shall, on the basis of the circumstances prevailing in the country of origin, give favourable consideration to requests for return to the host Member State from persons who have enjoyed temporary protection and exercised their right to a voluntary return.3. At the end of the temporary protection, the Member States may provide for the obligations laid down in CHAPTER III to be extended individually to persons who have been covered by temporary protection and are benefiting from a voluntary return programme. The extension shall have effect until the date of return.Article 221. The Member States shall take the measures necessary to ensure that the enforced return of persons whose temporary protection has ended and who are not eligible for admission is conducted with due respect for human dignity.2. In cases of enforced return, Member States shall consider any compelling humanitarian reasons which may make return impossible or unreasonable in specific cases.Article 231. The Member States shall take the necessary measures concerning the conditions of residence of persons who have enjoyed temporary protection and who cannot, in view of their state of health, reasonably be expected to travel; where for example they would suffer serious negative effects if their treatment was interrupted. They shall not be expelled so long as that situation continues.2. The Member States may allow families whose children are minors and attend school in a Member State to benefit from residence conditions allowing the children concerned to complete the current school period.CHAPTER VISolidarityArticle 24The measures provided for in this Directive shall benefit from the European Refugee Fund set up by Decision 2000/596/EC, under the terms laid down in that Decision.Article 251. The Member States shall receive persons who are eligible for temporary protection in a spirit of Community solidarity. They shall indicate - in figures or in general terms - their capacity to receive such persons. This information shall be set out in the Council Decision referred to in Article 5. After that Decision has been adopted, the Member States may indicate additional reception capacity by notifying the Council and the Commission. This information shall be passed on swiftly to UNHCR.2. The Member States concerned, acting in cooperation with the competent international organisations, shall ensure that the eligible persons defined in the Council Decision referred to in Article 5, who have not yet arrived in the Community have expressed their will to be received onto their territory.3. When the number of those who are eligible for temporary protection following a sudden and massive influx exceeds the reception capacity referred to in paragraph 1, the Council shall, as a matter of urgency, examine the situation and take appropriate action, including recommending additional support for Member States affected.Article 261. For the duration of the temporary protection, the Member States shall cooperate with each other with regard to transferral of the residence of persons enjoying temporary protection from one Member State to another, subject to the consent of the persons concerned to such transferral.2. A Member State shall communicate requests for transfers to the other Member States and notify the Commission and UNHCR. The Member States shall inform the requesting Member State of their capacity for receiving transferees.3. A Member State shall, at the request of another Member State, provide information, as set out in Annex II, on a person enjoying temporary protection which is needed to process a matter under this Article.4. Where a transfer is made from one Member State to another, the residence permit in the Member State of departure shall expire and the obligations towards the persons concerned relating to temporary protection in the Member State of departure shall come to an end. The new host Member State shall grant temporary protection to the persons concerned.5. The Member States shall use the model pass set out in Annex I for transfers between Member States of persons enjoying temporary protection.CHAPTER VIIAdministrative cooperationArticle 271. For the purposes of the administrative cooperation required to implement temporary protection, the Member States shall each appoint a national contact point, whose address they shall communicate to each other and to the Commission. The Member States shall, in liaison with the Commission, take all the appropriate measures to establish direct cooperation and an exchange of information between the competent authorities.2. The Member States shall, regularly and as quickly as possible, communicate data concerning the number of persons enjoying temporary protection and full information on the national laws, regulations and administrative provisions relating to the implementation of temporary protection.CHAPTER VIIISpecial provisionsArticle 281. The Member States may exclude a person from temporary protection if:(a) there are serious reasons for considering that:(i) he or she has committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;(ii) he or she has committed a serious non-political crime outside the Member State of reception prior to his or her admission to that Member State as a person enjoying temporary protection. The severity of the expected persecution is to be weighed against the nature of the criminal offence of which the person concerned is suspected. Particularly cruel actions, even if committed with an allegedly political objective, may be classified as serious non-political crimes. This applies both to the participants in the crime and to its instigators;(iii) he or she has been guilty of acts contrary to the purposes and principles of the United Nations;(b) there are reasonable grounds for regarding him or her as a danger to the security of the host Member State or, having been convicted by a final judgment of a particularly serious crime, he or she is a danger to the community of the host Member State.2. The grounds for exclusion referred to in paragraph 1 shall be based solely on the personal conduct of the person concerned. Exclusion decisions or measures shall be based on the principle of proportionality.CHAPTER IXFinal provisionsArticle 29Persons who have been excluded from the benefit of temporary protection or family reunification by a Member State shall be entitled to mount a legal challenge in the Member State concerned.Article 30The Member States shall lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive.Article 311. Not later than two years after the date specified in Article 32, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States and shall propose any amendments that are necessary. The Member States shall send the Commission all the information that is appropriate for drawing up this report.2. After presenting the report referred to at paragraph 1, the Commission shall report to the European Parliament and the Council on the application of this Directive in the Member States at least every five years.Article 321. The Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2002 at the latest. They shall forthwith inform the Commission thereof.2. When the Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such a reference shall be laid down by the Member States.Article 33This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 34This Directive is addressed to the Member States in accordance with the Treaty establishing the European Community.Done at Brussels, 20 July 2001.For the CouncilThe PresidentJ. Vande Lanotte(1) OJ C 311 E, 31.10.2000, p. 251.(2) Opinion delivered on 13 March 2001 (not yet published in the Official Journal).(3) OJ C 155, 29.5.2001, p. 21.(4) Opinion delivered on 13 June 2001 (not yet published in the Official Journal).(5) OJ C 262, 7.10.1995, p. 1.(6) OJ L 63, 13.3.1996, p. 10.(7) OJ C 19, 20.1.1999, p. 1.(8) OJ L 281, 23.11.1995, p. 31.(9) OJ L 252, 6.10.2000, p. 12.ANNEX I>PIC FILE= "L_2001212EN.002102.TIF">ANNEX IIThe information referred to in Articles 10, 15 and 26 of the Directive includes to the extent necessary one or more of the following documents or data:(a) personal data on the person concerned (name, nationality, date and place of birth, marital status, family relationship);(b) identity documents and travel documents of the person concerned;(c) documents concerning evidence of family ties (marriage certificate, birth certificate, certificate of adoption);(d) other information essential to establish the person's identity or family relationship;(e) residence permits, visas or residence permit refusal decisions issued to the person concerned by the Member State, and documents forming the basis of decisions;(f) residence permit and visa applications lodged by the person concerned and pending in the Member State, and the stage reached in the processing of these.The providing Member State shall notify any corrected information to the requesting Member State.

Summary: Temporary protection if there is a mass influx of displaced people Temporary protection if there is a mass influx of displaced people SUMMARY OF: Directive 2001/55/EC — rules for giving temporary protection in the event of a mass influx of displaced persons and measures promoting a balance of efforts between EU countries WHAT IS THE AIM OF THIS DIRECTIVE? It sets up a scheme to deal with mass arrivals in the EU of foreign nationals who cannot return to their countries – in particular due to war, violence or human rights violations. It puts in place immediate temporary protection for these displaced people. It promotes a balance of efforts between EU countries in receiving people. But it does not require compulsory distribution of asylum-seekers across EU countries. Denmark is not participating in the directive. KEY POINTS Implementation of temporary protection Temporary protection is implemented in all EU countries by a Council decision confirming a mass influx of displaced people to the EU and stating the groups of people who need protection. Duration is 1 year. Can be extended by up to 2 years. Protection may end if the Council deems it safe for people to return to their home country. EU countries must ensure that displaced people are willing to come to their country. Some people may be excluded from temporary protection. They include people: suspected of: crimes against peace* war crimes, crimes against humanity serious non-political crimes acting against the purposes and principles of the United Nations who are a danger to security in the host EU country. Effects of temporary protection EU countries must give people who are granted temporary protection a residence permit. This is valid for the full duration of protection. People granted temporary protection have the right to: be employed or self-employed access adult education, vocational training and work experience suitable accommodation social welfare and financial support and medical care. Children under 18 will also have the right to enter education under the same conditions as nationals of the host EU country. If some members of the same family have been granted temporary protection in different EU countries, or if some family members are not yet in the EU, they must have the right to be reunited in the same EU country. These rules are in line with EU rules on receiving applicants for international protection in Directive 2013/33/EU. Asylum applications People granted temporary protection must be able to lodge an application for asylum. The EU country that receives the person is responsible for examining the application. However, countries may decide that someone who has been granted temporary protection cannot have the status of asylum-seeker at the same time. This helps countries to reduce the burden on their asylum system by offering temporary protection while postponing the examination of asylum applications. Directive 2013/32/EU sets out common EU rules for granting and withdrawing international protection. Ending temporary protection During protection or when temporary protection ends, EU countries must take steps to enable the voluntary return of protected people. If enforced return is necessary, countries must make sure there is due respect for human dignity and that there are no compelling humanitarian reasons that would make return impossible. People who cannot travel for health reasons cannot be forced to return until their health improves. Families whose children are minors and attend school may be allowed to stay until the end of the school year. Administrative support The measures laid down by the directive benefit from the Asylum, Migration and Integration Fund. If the number of displaced people exceeds the reception capacity indicated by EU countries, the Council will take appropriate measures, in particular by recommending additional support for the EU countries affected. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 7 August 2001. EU countries had to incorporate it into national law by 31 December 2002. The scheme set out in the directive has not yet been triggered. BACKGROUND For more information, including a detailed study of the directive completed in 2016, see: ‘Temporary protection’ on the European Commission's website. * KEY TERMS Crime against peace: under international law, it means planning, preparing, initiating, or waging of wars of aggression, or a war in violation of international treaties, agreements or assurances, or participating in a common plan or conspiracy for the accomplishment of any of these. MAIN DOCUMENT Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, pp. 12–23) RELATED DOCUMENTS Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, pp. 60-95) Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (OJ L 180, 29.6.2013, pp. 96–116) Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (OJ L 150, 20.5.2014, pp. 112–142) last update 28.03.2017


EUR-Lex - 32001L0051 - EN Avis juridique important | 32001L0051 Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 Official Journal L 187 , 10/07/2001 P. 0045 - 0046 Council Directive 2001/51/ECof 28 June 2001supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 61(a) and Article 63(3)(b) thereof,Having regard to the initiative of the French Republic(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) In order to combat illegal immigration effectively, it is essential that all the Member States introduce provisions laying down the obligations of carriers transporting foreign nationals into the territory of the Member States. In addition, in order to ensure a greater effectiveness of this objective, the financial penalties currently provided for by the Member States for cases where carriers fail to meet their control obligations should be harmonised to the extent possible, taking into account the differences in legal systems and practices between the Member States.(2) This measure is among the general provisions aimed at curbing migratory flows and combating illegal immigration.(3) Application of this Directive is without prejudice to the obligations resulting from the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967.(4) The freedom of the Member States to retain or introduce additional measures or penalties for carriers, whether referred to in this Directive or not, should not be affected.(5) Member States should ensure that in any proceedings brought against carriers which may result in the application of penalties, the rights of defence and the right of appeal against such decisions can be exercised effectively.(6) This Directive builds on the Schengen acquis, in accordance with the Protocol integrating it into the framework of the European Union, as laid down by Annex A to Council Decision 1999/435/EC of 20 May 1999 concerning the definition of the Schengen acquis for the purpose of determining, in conformity with the relevant provisions of the Treaty establishing the European Community and the Treaty on European Union, the legal basis for each of the provisions or decisions which constitute the acquis(3).(7) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on European Union and the Treaty establishing the European Community, the United Kingdom gave notice, by letter of 25 October 2000, of its wish to take part in the adoption and application of this Directive.(8) Pursuant to Article 1 of the aforementioned Protocol, Ireland is not participating in the adoption of this Directive. Consequently and without prejudice to Article 4 of the aforementioned Protocol, the provisions of this Directive do not apply to Ireland.(9) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community, Denmark is not participating in the adoption of this Directive, and is therefore not bound by it or subject to its application. Given that this instrument aims to build upon the Schengen acquis under the provisions of Title IV of the Treaty establishing the European Community, in accordance with Article 5 of the abovementioned Protocol, Denmark shall decide within a period of 6 months after the Council has adopted this Directive whether it will implement it in its national law.(10) As regards the Republic of Iceland and the Kingdom of Norway, this Directive constitutes a development of the Schengen acquis within the meaning of the Agreement concluded on 18 May 1999 by the Council of the European Union and those two States concerning the lattter's association with the implementation, application and development of the Schengen acquis(4),HAS ADOPTED THIS DIRECTIVE:Article 1The aim of this Directive is to supplement the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985, signed at Schengen on 19 June 1990(5) (hereinafter referred to as "the Schengen Convention") and to define certain conditions with respect to their implementation.Article 2Member States shall take the necessary steps to ensure that the obligation of carriers to return third country nationals provided for in the provisions of Article 26(1)(a) of the Schengen Convention shall also apply when entry is refused to a third-country national in transit if:(a) the carrier which was to take him to his country of destination refuses to take him on board;(b) or the authorities of the State of destination have refused him entry and have sent him back to the Member State through which he transited.Article 3Member States shall take the necessary measures to oblige carriers which are unable to effect the return of a third-country national whose entry is refused to find means of onward transportation immediately and to bear the cost thereof, or, if immediate onward transportation is not possible, to assume responsibility for the costs of the stay and return of the third-country national in question.Article 41. Member States shall take the necessary measures to ensure that the penalties applicable to carriers under the provisions of Article 26(2) and (3) of the Schengen Convention are dissuasive, effective and proportionate and that:(a) either the maximum amount of the applicable financial penalties is not less than EUR 5000 or equivalent national currency at the rate of exchange published in the Official Journal on 10 August 2001, for each person carried, or(b) the minimum amount of these penalties is not less than EUR 3000 or equivalent national currency at the rate of exchange published in the Official Journal on 10 August 2001, for each person carried, or(c) the maximum amount of the penalty imposed as a lump sum for each infringement is not less that EUR 500000 or equivalent national currency at the rate of exchange published in the Official Journal on 10 August 2001, irrespective of the number of persons carried.2. Paragraph 1 is without prejudice to Member States' obligations in cases where a third country national seeks international protection.Article 5This Directive shall not prevent Member States from adopting or retaining, for carriers which do not comply with the obligations arising from the provisions of Article 26(2) and (3) of the Schengen Convention and of Article 2 of this Directive, other measures involving penalties of another kind, such as immobilisation, seizure and confiscation of the means of transport, or temporary suspension or withdrawal of the operating licence.Article 6Member States shall ensure that their laws, regulations and administrative provisions stipulate that carriers against which proceedings are brought with a view to imposing penalties have effective rights of defence and appeal.Article 71. Member States shall take the necessary measures to comply with this Directive not later than 11 February 2003. They shall forthwith inform the Commission thereof.2. When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.3. Member States shall communicate the main provisions of national law which they adopt in the field covered by this Directive to the Commission.Article 8This Directive shall enter into force 30 days after its publication in the Official Journal of the European Communities.Article 9This Directive is addressed to the Member States in accordance with the Treaty establishing the European Community.Done at Luxembourg, 28 June 2001.For the CouncilThe PresidentB. Rosengren(1) OJ C 269, 20.9.2000, p. 8.(2) Opinion delivered on 13 March 2001 (not yet published in the Official Journal).(3) OJ L 176, 10.7.1999, p. 1.(4) OJ L 176, 10.7.1999, p. 3.(5) OJ L 239, 22.9.2000, p. 1.

Summary: Financial penalties on passenger carriers Financial penalties on passenger carriers SUMMARY OF: Directive 2001/51/EC supplementing Article 26 of the Convention implementing the Schengen Agreement WHAT IS THE AIM OF THE DIRECTIVE? This directive aims to combat illegal immigration by harmonising the financial penalties imposed by European Union (EU) countries on passenger carriers for transporting non-EU nationals who are not properly documented. KEY POINTS It supplements Article 26 of the Convention implementing the Schengen Agreement which requires the carrier to assume responsibility for non-EU nationals it brings to the external border by air, sea or land. In line with Article 26 of the Convention, the carrier must take all the necessary measures to ensure that non-EU nationals carried by air or sea, and groups transported overland by coach, have the travel documents required for entry into the Schengen countries. In line with the directive, a carrier that cannot carry out the return of a non-EU national is responsible for finding the means for his or her onward transportation. If this transportation cannot be carried out immediately, the carrier must assume responsibility for the costs of the stay and return of the non-EU national. The directive also requires EU countries to impose dissuasive, effective and proportionate financial penalties against carriers in breach of their obligations to ensure that persons travelling to the Schengen area have the documents required for entry. The directive sets out: the maximum amount of the penalties is not less than EUR 5,000 per person; or the minimum amount of the penalties is not less than EUR 3,000 per person; or the maximum amount of the penalty imposed as a lump sum for each infringement is not less than EUR 500,000, regardless of the number of persons. These financial penalties do not apply to cases where the non-EU national is seeking international protection. EU countries may in addition adopt different types of penalties, such as seizure of the vehicle or withdrawal of the operating licence. Carriers against whom proceedings have been brought for failure to fulfil their obligations have the right to defence and appeal. FROM WHEN DOES THE DIRECTIVE APPLY? It has applied since 9 August 2001. MAIN DOCUMENT Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement of 14 June 1985 (OJ L 187, 10.7.2001, pp. 45-46) RELATED DOCUMENTS Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data (OJ L 261, 6.8.2004, pp. 24-27) last update 23.04.2020


EUR-Lex - 32001R1338 - EN Avis juridique important | 32001R1338 Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting Official Journal L 181 , 04/07/2001 P. 0006 - 0010 Council Regulation (EC) No 1338/2001of 28 June 2001laying down measures necessary for the protection of the euro against counterfeitingTHE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the third sentence of Article 123(4) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Having regard to the opinion of the European Central Bank(3),Whereas:(1) Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro(4), provides for euro notes to be put into circulation by the European Central Bank (ECB) and by the national central banks (NCB) of the participating Member States and for euro coins to be put into circulation by the participating Member States from 1 January 2002; a system for protecting the euro against counterfeiting must therefore be adopted rapidly so that it can be operational before euro notes and coins are put into circulation.(2) The arrangements put in place by the Council Act of 26 July 1995 drawing up the Convention on the establishment of a European Police Office (Europol Convention)(5) and by the Council Decision of 29 April 1999 extending Europol's mandate to deal with forgery of money and means of payment(6) are designed to combat counterfeiting in general.(3) In its framework Decision of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro(7), the Council adopted provisions to ensure that the euro is protected in an appropriate way by effective measures under criminal law.(4) Measures to protect the euro against counterfeiting concern the Community as part of its responsibility in respect of the single currency; the legal protection of the euro cannot be satisfactorily ensured by the individual Member States alone, since euro notes and coins will circulate beyond the territories of the participating Member States. It is therefore necessary to adopt Community legislation defining the measures necessary for euro notes and coins to circulate in the proper conditions to ensure the overall effective and consistent protection of the euro against activities likely to jeopardise its credibility, and thus to adopt appropriate measures so that everything is ready in good time before 1 January 2002.(5) For the purposes of applying this Regulation it is necessary to define or to take over the existing definitions of certain concepts such as euro counterfeiting, technical and statistical data and the national authorities competent for research inter alia with a view to the gathering and analysis of data concerning counterfeiting, including the central offices provided for in Article 12 of the Geneva Convention.(6) It should be ensured that the technical and statistical data collected by the competent national authorities regarding counterfeit euro notes and coins and as far as possible unauthorised notes are communicated to the ECB while allowing the competent national authorities and, in accordance with its responsibilities, the Commission, to have access to such data. It is also envisaged that Europol will have access to such data on the basis of an agreement between it and the ECB.(7) The counterfeiting analysis centre (CAC) established and managed under the auspices of the ECB, in accordance with its Guideline(8), centralises the classification and analysis of technical data relating to counterfeit notes.(8) The technical scheme for handling counterfeit euro coins which the Council accepted on 28 February 2000 makes reference to the systematic gathering of technical information on euro counterfeiting by the ECB, the establishment at European level of a European Technical and Scientific Centre (ETSC) for the technical analysis and the classification of counterfeit euro coins and at national level of coin national analysis centres (CNAC).(9) Provision has been made for the ETSC to be established on a temporary basis as a distinct and independent administrative entity within the Paris Mint on the basis of an Exchange of Letters between the President of the Council and the French Minister for Finance of 28 February and 9 June 2000; its tasks must be defined in this Regulation; the future status and the permanent headquarters of the ETSC will be decided by the Council in due course.(10) It is necessary to provide for counterfeit euro notes to be handed over for identification to the national analysis centres - NAC; counterfeit coins should be handed over to the CNAC.(11) It is necessary to provide that credit institutions and any other establishments involved in the sorting and distribution to the public of notes and coins as a professional activity, including those whose activity consists in exchanging notes or coins, such as bureaux de change, shall be under an obligation to withdraw from circulation euro notes and coins which they know or have sufficient reason to believe to be counterfeit and hand them over to the competent national authorities. In addition, it is necessary to provide for the Member States to take steps so that sanctions they consider appropriate are imposed in the event of non-compliance by the said establishments with their obligations.(12) Close and regular cooperation between the competent national authorities, the Commission and the ECB must be organised to ensure effective and consistent protection of the euro, in particular as regards exchanges of information with the exception of personal data, mutual cooperation and assistance between Community and national authorities, scientific support and vocational training. To this end, the Commission will continue, without prejudice to the role attributed to the ECB in protecting the euro against counterfeiting, on a regular basis, in an appropriate advisory committee, with the leading players in the fight against counterfeiting of the euro (including the ECB, the ETSC, Europol and Interpol), the consultations on improving the conditions for the overall protection of the euro on the basis of legislative initiatives to reinforce the prevention and combating of counterfeiting.(13) To ensure the exchange of full, up-to-date and comparable data, provision should be made for national centralisation of strategic and operational information and for the obligation to report data. To this end, provision should be made for Member States to take the necessary steps to enable central offices to fulfil their missions in accordance with the Geneva Convention in order to ensure the exchange of information between themselves and national Europol units.(14) The complementary nature of the tasks of the various Community partners, with the assistance Europol is able to provide in accordance with the Council Decision of 29 April 1999, must bring together all the tools required to protect the euro from the damaging consequences arising from illegal counterfeiting activities. Europol fulfils its functions without prejudice to the competence of the European Community; with strict regard to their respective competences, Europol and the European Community should establish forms of cooperation enabling them to perform their respective functions as effectively as possible; to this end, priority should be given to the organisation of close and regular cooperation on the basis of appropriate agreements to be concluded between Europol and the ECB, on the one hand, and between Europol and the Commission on the other hand in accordance with the relevant provisions of the Europol Convention.(15) Given that the euro will be used by non-member countries as a currency for international transactions, provision should be made for structured cooperation involving all the relevant players in the event of counterfeiting in non-member countries.(16) The measures provided for by this Regulation do not affect the power of the Member States to apply national criminal law for the purposes of protecting the euro against counterfeiting,HAS ADOPTED THIS REGULATION:CHAPTER 1PURPOSE AND DEFINITIONSArticle 1Purpose1. The purpose of this Regulation is to lay down measures necessary with a view to uttering euro notes and coins in such a manner as to protect them against counterfeiting.2. For the purpose of applying this Regulation, "counterfeiting" shall mean the following activities:(a) any fraudulent making or altering of euro notes or euro coins, whatever means are employed;(b) the fraudulent uttering of counterfeit euro notes or counterfeit euro coins;(c) the import, export, transport, receiving or obtaining of counterfeit euro notes or counterfeit euro coins with a view to uttering the same and with knowledge that they are counterfeit;(d) the fraudulent making, receiving, obtaining or possession of:- instruments, articles, computer programs and any other means peculiarly adapted for the fraudulent making or altering of euro notes or coins,or- holograms or other components which serve to protect euro notes and coins against fraudulent making or alteration.3. This Regulation shall apply, without prejudice to the application of national criminal law, to the protection of the euro against counterfeiting.Article 2DefinitionsWithin the meaning of this Regulation:(a) "counterfeit notes" and "counterfeit coins" shall mean notes and coins denominated in euro or which have the appearance of euro notes or coins and which have been fraudulently made or altered;(b) "competent national authorities" shall mean the authorities designated by the Member States for:- identifying counterfeit notes and coins;- gathering and analysing technical and statistical data relating to counterfeit notes, in particular national central banks or other empowered bodies;- gathering and analysing technical and statistical data relating to counterfeit coins, in particular national mints, national central banks or other empowered bodies;- gathering data relating to counterfeiting of the euro and submitting them to analysis, in particular the national central offices referred to in Article 12 of the Geneva Convention;(c) "credit institutions" shall mean the credit institutions referred to in the first subparagraph of Article 1(1) of Directive 2000/12/EC of the European Parliament and of the Council of 20 March 2000 relating to the taking up and pursuit of the business of credit institutions(9);(d) "technical and statistical data" shall mean data by means of which counterfeit notes or counterfeit coins may be identified (technical description of type of counterfeit) and data on the number of counterfeit notes and counterfeit coins by their origin, in particular geographical;(e) "Geneva Convention" shall mean the International Convention for the Suppression of Counterfeiting Currency, signed at Geneva on 20 April 1929(10);(f) "Europol Convention" shall mean the Convention of 26 July 1995 on the establishment of Europol(11).CHAPTER 2TECHNICAL AND STATISTICAL DATAArticle 3Gathering and access1. Technical and statistical data relating to counterfeit notes and counterfeit coins discovered in the Member States shall be gathered and indexed by the competent national authorities. These data shall be communicated to the European Central Bank for storage and processing.2. The European Central Bank shall gather and store technical and statistical data relating to counterfeit notes and counterfeit coins discovered in non-member countries.3. The competent national authorities and, within its areas of responsibility, the Commission, shall have access to the technical and statistical data held by the European Central Bank. Europol shall have access to such data under an agreement between it and the European Central Bank in accordance with the relevant provisions of the Europol Convention and the provisions adopted on the basis of the latter.Article 4Obligation to transmit counterfeit notes for identification1. In agreement with the European Central Bank, Member States shall designate or establish a National Analysis Centre (NAC) in accordance with their national law and practice.2. The competent national authorities shall permit the examination by the NAC of suspected counterfeit notes and shall without delay provide it with the necessary examples requested by the NAC of each type of suspected counterfeit note for analysis and identification and such technical and statistical data as are in their possession. The NAC shall send the European Central Bank every new type of suspected counterfeit note corresponding to the criteria adopted by the European Central Bank.3. Paragraph 2 shall be applied in such a way that it does not prevent suspected counterfeit notes from being used or retained as evidence in criminal proceedings.4. The European Central Bank shall communicate the relevant final results of its analysis and classification of every new type of counterfeit note to the competent national authorities and, according to its areas of responsibility, to the Commission. The European Central Bank shall communicate the results to Europol, in accordance with the agreement referred to in Article 3(3).Article 5Obligation to transmit counterfeit coins for identification1. Member States shall designate or establish a Coin National Analysis Centre (CNAC) in accordance with their national law and practice.2. The competent national authorities shall permit the examination by the CNAC of suspected counterfeit coins and shall without delay provide the necessary examples requested by the CNAC of each type of suspected counterfeit coin for analysis and identification and such technical and statistical data as are in their possession. The CNAC shall send the European Technical and Scientific Centre (ETSC) every new type of suspected counterfeit coin corresponding to the criteria adopted by the European Technical and Scientific Centre; to that end the European Central Bank shall provide the CNAC with such technical and statistical data relating to counterfeit euro coins as are in its possession.3. Paragraph 2 shall be applied in such a way that it does not prevent suspected counterfeit coins from being used or retained as evidence in criminal proceedings.4. The ETSC shall analyse and classify every new type of counterfeit euro coin. To that end, the ETSC shall have access to the technical and statistical data stored at the ECB on counterfeit euro coins. The ETSC shall communicate the relevant final results of its analysis to the competent national authorities and, according to their respective areas of responsibility, to the Commission and the European Central Bank. The European Central Bank shall communicate those results to Europol, in accordance with the agreement referred to in Article 3(3).CHAPTER 3OBLIGATIONS AND SANCTIONSArticle 6Obligations of credit institutions1. Credit institutions, and any other institutions engaged in the sorting and distribution to the public of notes and coins as a professional activity, including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, shall be obliged to withdraw from circulation all euro notes and coins received by them which they know or have sufficient reason to believe to be counterfeit. They shall immediately hand them over to the competent national authorities.2. Member States shall take the necessary measures to ensure that the establishments referred to in paragraph 1 which fail to discharge their obligations under the said paragraph are subject to effective, proportionate and deterrent sanctions.3. Member States shall adopt by 1 January 2002 the laws, regulations and administrative provisions for applying this Article. They shall forthwith inform the Commission and the European Central Bank thereof.CHAPTER 4COOPERATION AND MUTUAL ASSISTANCEArticle 7Cooperation to protect the euro against counterfeiting1. With a view to effective protection of the euro against counterfeiting, the Member States, the Commission and the European Central Bank shall cooperate, on the one hand, with each other, and, on the other hand, with Europol in accordance with the Europol Convention and with the provisions adopted on the basis of the latter. To that end the Commission and the European Central Bank shall negotiate with a view to the conclusion in due course of an agreement with Europol.2. In particular, the competent national authorities, the Commission and the European Central Bank, in the performance of their respective tasks, shall cooperate in:- exchanging information on preventing counterfeiting and combating the uttering of counterfeit notes and counterfeit coins;- providing regular information on the impact of counterfeiting for the purposes of strategic analysis;- ensuring mutual assistance in preventing counterfeiting and combating the uttering of counterfeit notes and counterfeit coins, which shall include, inter alia, scientific support and training with the logistical support of the Member States.3. Within the framework of mutual assistance, the national central offices referred to in Article 12 of the Geneva Convention and the European Central Bank and, where necessary, the Commission shall, within the framework of their respective powers and without prejudice to the role of Europol, make provision for a system for the communication of technical data (early warning).Article 8Centralisation of information at national level1. Member States shall ensure that, as soon as any case of counterfeiting is detected, information at national level is communicated to the national central office with a view to its being forwarded to Europol through the Europol national unit.2. Member States shall take all measures necessary to ensure the exchange of information between the national central office and the Europol national unit.Article 9External relations1. The Commission and the Member States shall cooperate with non-member countries and international organisations in close association with the European Central Bank. Such cooperation shall include the assistance necessary to prevent and combat counterfeiting of the euro, in accordance with the provisions relating to the prevention of unlawful activities contained in cooperation, association and pre-accession agreements.2. The Council shall ensure that cooperation, association and pre-accession agreements between the European Community and non-member countries include provisions enabling Article 3(2) to be applied.CHAPTER 5FINAL PROVISIONSArticle 10Competent national authorities1. Member States shall send the European Central Bank and the Commission a list of the competent national authorities referred to in Article 2(b).2. Those lists shall be published in the Official Journal of the European Communities.Article 11Unauthorised notesAs far as possible the provisions laid down in Articles 3, 4, 7, 8 and 9 shall apply to notes denominated in euro which have been produced with the use of lawful facilities or equipment in violation of the provisions in accordance with which the competent authorities may issue currency, or uttered in violation of the conditions in accordance with which the competent authorities may utter currency and without the consent of those authorities.Article 12ApplicabilityArticles 1 to 11 shall have effect in those Member States which have adopted the euro as their single currency.Article 13Entry into forceThis Regulation shall enter into force on the day of its publication in the Official Journal of the European Communities.It shall apply from 1 January 2002. However, it shall apply from the date of its publication to notes and coins which have not yet been issued but which it is intended to issue.This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaty establishing the European Community.Done at Luxembourg, 28 June 2001.For the CouncilThe PresidentB. Rosengren(1) OJ C 337 E, 28.11.2000, p. 264.(2) Opinion delivered on 3 May 2001 (not yet published in the Official Journal).(3) OJ C 19, 20.1.2001, p. 18.(4) OJ L 139, 11.5.1998, p. 1. Regulation as last amended by Regulation (EC) No 2596/2000 (OJ L 300, 29.11.2000, p. 2.)(5) OJ C 316, 27.11.1995, p. 1.(6) OJ C 149, 28.5.1999 p. 16 and corrigendum in OJ C 229, 12.8.1999, p. 14.(7) OJ L 140, 14.6.2000, p. 1.(8) European Central Bank Guideline of 26 August 1998 on certain provisions regarding euro banknotes, as amended on 26 August 1999 (OJ L 258, 5.10.1999, p. 32).(9) OJ L 126, 26.5.2000, p. 1. Directive as amended by Directive 2000/28/EC (OJ L 275, 27.10.2000, p. 37.)(10) League of Nations Treaty Series No 2623 (1931), p. 372.(11) OJ C 316, 27.11.1995, p. 2.

Summary: System for protecting the euro against counterfeiting System for protecting the euro against counterfeiting SUMMARY OF: Regulation (EC) No 1338/2001 — protecting the euro against counterfeiting WHAT IS THE AIM OF THE REGULATION? It sets up a system allowing European Union (EU) countries to gather and exchange information on counterfeit notes and coins among themselves, with the European Central Bank (ECB), the European Commission, the European Police Office (Europol) and non-EU countries, where appropriate. KEY POINTS Scope Council Regulation (EC) No 1339/2001 extends the scope of the regulation to cover non-euro area EU countries. Main features of the system for the protection of the euro The systematic transmission of technical data on counterfeit euro notes and coins by EU countries’ authorities (mainly national central banks) to the ECB; the ECB is responsible for their storage and processing. EU countries’ authorities must allow their national analysis centre to examine suspect counterfeit notes and allow the Coin National Analysis Centre to examine suspect coins. These bodies must send all new types of suspect notes to the ECB and all new types of suspect coins to the European Technical and Scientific Centre (ETSC). Credit institutions, other payment service providers and other institutions that process and distribute notes and coins to the public have certain obligations. EU countries must provide for effective, proportionate and dissuasive penalties applicable to institutions that fail to comply. Cooperation (among other things, via the Pericles programme, set up under Regulation (EU) No 331/2014) between the relevant authorities of EU countries (in particular the national central offices established under the International Convention for the Suppression of Counterfeiting Currency), the ECB, the Commission and the Europol. Centralisation of the information on euro counterfeiting cases nationally and its transmission to Europol. Cooperation with non-EU countries and international organisations (including Interpol). EU countries must communicate the list of authorities that they designate as competent to identify counterfeit notes and coins to the Commission and the ECB. The European Commission set up the Euro Counterfeiting Experts Group to: assist in drafting proposals for legal acts or policy initiatives relating to notes and coins counterfeiting; cooperate closely with the Commission, EU countries, the ETSC, the ECB and Europol; exchange information and establish good practices on preventing and combating counterfeiting, as well as analyse its impact; advise the Commission on implementing Regulation (EC) No 1338/2001 and the Pericles programme. FROM WHEN DOES THE REGULATION APPLY? It has applied since 1 January 2002. However, it applied from 4 July 2001 to notes and coins which had not yet been issued but which it was intended to issue. BACKGROUND Introduced prior to the introduction of the euro in 2002, Regulation (EC) No 1338/2001 seeks to protect euro banknotes and coins against counterfeiting. It complements a series of decisions taken previously: setting up national analysis centres; setting up the Counterfeit Analysis Centre; gathering technical information on euro counterfeiting by the ECB and by the ETSC responsible for analysing euro coins; introducing penal sanctions against euro counterfeiting. For more information, see: legislation and other measures to protect the euro on the European Commission’s website protection of the euro on the ECB’s website anti-counterfeiting on the ECB’s website MAIN DOCUMENT Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (OJ L 181, 4.7.2001, pp. 6-10) Successive amendments to Regulation (EC) No 1338/2001 have been incorporated into the original document. This consolidated version is of documentary value only. RELATED DOCUMENTS Council Regulation (EC) No 1339/2001 of 28 June 2001 extending the effects of Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting to those Member States which have not adopted the euro as their single currency (OJ L 181, 4.7.2001, p. 11) See consolidated version Council Decision 2001/887/JHA of 6 December 2001 on the protection of the euro against counterfeiting (OJ L 329, 14.12.2001, pp. 1-2) Decision 2001/912/EC of the European Central Bank of 8 November 2001 on certain conditions regarding access to the Counterfeit Monitoring System (CMS) (ECB/2001/11) (OJ L 337, 20.12.2001, pp. 49-51) Council Decision 2003/861/EC of 8 December 2003 concerning analysis and cooperation with regard to counterfeit euro coins (OJ L 325, 12.12.2003, p. 44) Decision 2010/597/EU of the European Central Bank of 16 September 2010 on the authenticity and fitness checking and recirculation of euro banknotes (ECB/2010/14) (OJ L 267, 9.10.2010, pp. 1-20) See consolidated version Regulation (EU) No 1210/2010 of the European Parliament and of the Council of 15 December 2010 concerning authentication of euro coins and handling of euro coins unfit for circulation (OJ L 339, 22.12.2010, pp. 1-5) Decision 2013/211/EU of the European Central Bank of 19 April 2013 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (ECB/2013/10) (OJ L 118, 30.4.2013, pp. 37-42) Regulation (EU) No 331/2014 of the European Parliament and the Council of 11 March 2014 establishing an exchange, assistance and training programme for the protection of the euro against counterfeiting (the ‘Pericles 2020’ programme) and repealing Council Decisions 2001/923/EC, 2001/924/EC, 2006/75/EC, 2006/76/EC, 2006/849/EC and 2006/850/EC (OJ L 103, 5.4.2014, pp. 1-9) Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA (OJ L 151, 21.5.2014, pp. 1-8) Agreement between the European Police Office (Europol) and the European Central Bank (ECB) (OJ C 123, 17.4.2015, pp. 1-5) Commission Decision of 12 February 2016 setting up the Euro Counterfeiting Experts Group (OJ C 58, 13.2.2016, pp. 5-7) last update 19.09.2016