REPORT on the proposal for a Council regulation amending Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins

3.12.2008 - (COM(2008)0514 VOL. I – C6‑0332/2008 – 2008/0167(CNS)) - *

Committee on Economic and Monetary Affairs
Rapporteur: Eoin Ryan

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council Regulation amending Regulation (EC) No 2182/2004 concerning medals and tokens similar to euro coins

(COM(2008)0514 VOL.I – C6-0332/2008– 2008/0167(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0514 VOL.I),

–   having been consulted by the Council (C6-0332/2008),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Economic and Monetary Affairs (A6‑0469/2008),

1.  Approves the Commission proposal;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.  Instructs its President to forward its position to the Council and the Commission.

EXPLANATORY STATEMENT

In general, there are two risks associated with the fraudulent use of medals and tokens mimicking the real euro coins: Firstly, citizens could believe that metallic objects have legal tender status. Secondly, medals and tokens could be used fraudulently in coin operated machines, if their size and metal properties are close to euro coins.

Regulation 2182/2004, based on Article 123(4) of the EC Treaty, aims to protect euro coins by stipulating that in the euro area Member States medals and tokens having visual characteristics, size or metal properties which are similar to euro coins should not be sold, produced, imported or distributed for the purpose of sale or for other commercial purposes. Regulation 2183/2004, based on Article 308 of the EC Treaty, extends the application of Regulation 2182/2004 to the Member States that have not (yet) introduced the euro.

Based on the experience gained during the implementation of Council regulations 2182/2004 and 2183/2004, the two proposed Council regulations update them in the following fields:

- The text is amended to clarify the protective provisions. The specific signs which should not be reproduced on medals and tokens in the way they are depicted on legal tender euro coins are described in more detail (Article 2, 1.).

- The Commission is competent to declare whether a design is similar to the one appearing on euro coins. To improve the decision making process, the Commission shall base its opinion on the entire range of the protective provisions. The criteria on the basis on which the Commission delivers an opinion on similarity are further clarified (Article 2, 2.).

- Finally, an amendment restricts the requirement to stamp 'Not legal tender' on medals and tokens that bear - with a specific authorisation granted by the Commission - the term 'euro' or 'euro cent' or the euro symbol to cases where such medals and tokens show a nominal value, as the risk of confusion with euro coins is then greater (Article 4).

Your rapporteur has analysed the text of the proposed Council regulation and has no objections. He therefore proposes to approve the text without amendments.

PROCEDURE

Title	Medals and tokens similar to euro coins
References	COM(2008)0514 – C6-0332/2008 – 2008/0167(CNS)
Date of consulting Parliament	25.9.2008
Committee responsible        Date announced in plenary	ECON 25.9.2008
Committee(s) asked for opinion(s)        Date announced in plenary	LIBE 23.10.2008
Not delivering opinions        Date of decision	LIBE 4.11.2008
Rapporteur(s)        Date appointed	Eoin Ryan 24.9.2008
Discussed in committee	17.11.2008
Date adopted	2.12.2008
Result of final vote	+: –: 0:	29 0 0
Members present for the final vote	Mariela Velichkova Baeva, Paolo Bartolozzi, Zsolt László Becsey, Sebastian Valentin Bodu, Sharon Bowles, Udo Bullmann, David Casa, Christian Ehler, Jonathan Evans, José Manuel García-Margallo y Marfil, Jean-Paul Gauzès, Robert Goebbels, Donata Gottardi, Louis Grech, Gunnar Hökmark, Othmar Karas, Wolf Klinz, Andrea Losco, Astrid Lulling, Gay Mitchell, Sirpa Pietikäinen, John Purvis, Peter Skinner, Margarita Starkevičiūtė, Ivo Strejček, Cornelis Visser, Sahra Wagenknecht
Substitute(s) present for the final vote	Harald Ettl, Alain Lipietz