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Provisions Relating To The Control Of The Authenticity And Fitness For Circulation Coins.

Original Language Title: Disposizioni relative al controllo dell'autenticita' e dell'idoneita'alla circolazione delle monete metalliche in euro.

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The MINISTER of economy and finance having regard to Regulation (EC) No 974/98 May 3, 1998 on the introduction of the euro; Having regard to Council Regulation (EC) June 28, 2001, n. 1338/2001, as amended by Regulation (EC) no December 18, 2008 44/2009 laying down measures necessary for the protection of the euro against counterfeiting; See, in particular, the list of the competent national authorities referred to in article 2, subparagraph b) of Regulation (EC) No 1338/2001, published in the official journal of the European Communities No C 173/02 of July 19, 2002, supplemented and updated by the next list published in the official journal of the European Union no C 56/3 of March 10, 2009, which identifies, among other things, the coin national analysis centre-C.N.A.C.» at the Istituto Poligrafico e Zecca dello Stato, which designated national authority for the collection and analysis of technical and statistical data relating to counterfeit coins; Having regard to Council Regulation (EC) No 1339/2001 June 28, 2001, extending to Member States which have not adopted the euro as their single currency effects of Regulation (EC) No 1338/2001; Having regard to Council Regulation (EC) no December 6, 2004. 2182/2004 as amended by Regulation (EC) No. 46/2009 of December 18, 2008, concerning medals and tokens similar to euro coins; Having regard to Commission recommendation 2005/504/EC May 27, 2005, no, concerning authentication of euro coins and handling of euro coins unfit for circulation; Having regard to the decision of the European Central Bank ECB/2010/September 16, 2010, No 14, concerning authenticity and fitness and recirculation of euro banknotes; Having regard to Council Regulation (EC) no 1210/2010 December 15, 2010 on the authentication of euro coins and handling of euro coins unfit for circulation; Having regard to Council Regulation (EU) No 729/June 24, 2014 2014 on denominations and technical specifications of euro coins intended for circulation; Seen August 5, 1999, Decree No. 524, with whom the Secretary of the Treasury for the budget and economic planning adopted a regulation laying down rules for the production and issuance of coins in Lira and euros; Having regard to articles 2 and 23 of legislative decree July 30, 1999, # 300, with whom it was established the Ministry of economy and finance and were transferred to the same functions of the ministries of the Treasury, budget and economic planning and finance; Having regard to article 8 of Decree-Law No September 25, 2001. 350, converted, with amendments, by law November 23, 2001, n. 409, as replaced by article 97, paragraph 1, letter a) of Decree-Law No 1 January 24, 2012, converted, with amendments by law No 27 March 24, 2012 laying ' management and distribution to the public of notes and coins '; See, in particular, paragraph 9 of article 8 of the Decree-Law September 25, 2001, # 350 which gives the Ministry of economy and finance and the Bank of Italy, within their respective competencies on coins and banknotes, the power to issue implementing provisions with regard to procedures, the organisation needed to treat cash, to data and information that cash handlers are required to transmit as well, with respect to euro coins, the measures necessary to ensure the proper implementation of the Regulation (EU) no 1210/2010; Having regard to the order of the Minister of economy and finance 1° March 2002 laying down rules concerning the withdrawal from circulation of euro coins suspected of falsehood; Having regard to the order of the Minister of economy and finance September 26, 2002 laying method and time limits for the submission of reports concerning suspicious banknotes and coins of falsehood withdrawn or seized by police forces; Having regard to the order of the Minister of finance April 30, 2007, n. 112 and, in particular, article 17 establishing competences and organisation of the Central Office of the means of payment fraud (UCAMP); Having regard to the Decree-Law No 1 January 24, 2012, introducing "urgent provisions on competition, infrastructure development and competitiveness», converted, with amendments, by law March 24, 2012, # 27 and, in particular, article 97, which amended Decree-Law September 25, 2001, n. 350, converted, with amendments, by law November 23, 2001, n. 409, and Decree-Law October 3, 2006, # 262, converted, with amendments, by law November 24, 2006, # 286; Having regard to the decision of the Bank of Italy February 14, 2012, laying down provisions relating to the control of the authenticity and fitness and recirculation of euro banknotes; Having regard to the order of the Minister of economy and finance 1 St February 2013, application provisions of the transmission to the Ministry of economy and finance, via computer, data and information about cases of suspected counterfeiting of the euro and its clarification of the MEF May 23, 2013; Having regard to the Decree of the President of the Council of Ministers, February 27, 2013, n. 67 laying down organisational regulations of the Ministry of economy and finance; Having regard to the order of the Minister of economy and finance July 17, 2014, bearing identification of executive offices of non-General level; Having regard to article 134 of Royal Decree June 18, 1931, n. 773, approving the consolidated text of the laws of public security; Having regard to the Decree of the Minister of the Interior 1 St December 2010, # 269, which adopted a regulation laying down rules for the minimum requirements of the organizational design and quality requirements of the institutes and services provided for in articles 257 and 256-bis-bis of the consolidated law enforcement public safety laws; Having regard to the Legislative Decree June 30, 2003, n. 196, bearing "personal data protection code»; Having regard to the opinion of the authority for the protection of personal data expressed on January 29, 2015, registration of orders n. 48 of January 29, 2015; Considering that the protection of the integrity and preservation of euro banknotes and coins is essential to preserve the public's trust in euro banknotes and coins which means of payment and that this requires their submission to controls of authenticity to acknowledge readily the fakes and verification of suitability to ensure that the conservation status of working capital is of good quality; Given that euro banknotes and coins suspected counterfeit goods should be identified quickly and delivered to the competent national authorities; Considered that article 97, paragraph 3 of the aforementioned Decree-Law No. 1/2012, stipulates that the implementation of article 97 itself does not have to derive new or increased burden to the State budget and that the competent authorities shall with the available financial and human resources, instrumental in legislation; Whereas the aforementioned article 97 of Decree-Law No 1 January 24, 2012, converted, with amendments, into law No 27 March 24, 2012, has, among other things, attributed to "coin analysis centre-C.N.A.C.», established at the Istituto Poligrafico e Zecca dello Stato the duties and functions referred to in Regulation (EC) no 1210/2010 and specifically: receiving coins suspected to be counterfeit and those unfit for circulation;
administration of tests referred to in article 5 of Regulation (EC) no 1210/2010, on the equipment for the treatment of euro coins;
performing annual checks referred to in article 6, paragraphs 2 and 6 of Regulation (EU) no 1210/2010;
training of staff in accordance with modalities defined by the Member States; Whereas Commission Regulation (EU) No. 1210/2010 of the European Parliament and the Council set common rules and procedures for checking of authenticity and fitness and recirculation of euro coins;
Decrees: Art. 1
Definitions 1. For the purposes of this Decree, the following definitions shall apply: a. «verified to comply»: the equipment for checking of authenticity and fitness for circulation of euro coins, which is listed in the specific list referred to the definition ' j '; b. «euro coin authentication ' means the procedure of verifying the authenticity and fitness for circulation of euro coins through the coin processing equipment in the list referred to in the definition «j», published on the website of the European Commission-fraud Organisation or by qualified personnel; c. «cash management activity», hereinafter referred to as "cash treatment ' means activities aimed at preserving the integrity and condition of coins through: 1) identifying those suspected of falsehood, with the assessment of the distinctive features and security; 2) verification of those who, because of their condition, are likely to be put back into circulation; 3) management, under applicable law, suspicious coins of falsehood and of euro coins unfit for circulation; d. «coin national analysis centre (C.N.A.C.)», hereinafter referred to as «C.N.A.C.»: national authorities, set up at the Istituto Poligrafico e Zecca dello Stato, e. «annual inspections ' means checks carried out annually on coin processing equipment to be sure of proper operation and suitability and appropriateness of the entire authentication process adopted by handlers of cash; f. ' Declaration of conformity ' means the Declaration, issued by the manufacturer of equipment for working capital, attesting to the authentication technical equivalence with regard to identifying and rejecting counterfeit coins, between a model and a model not verified compliant equipment. The Declaration of conformity allows you to insert the appliance in the list without the same being tested OLAF; g. «cash Manager» means an entity referred to in article 8, paragraph 2, of the Decree-Law September 25, 2001, # 350, with the exception of the subjects referred to in point c) of that article 8 of Decree-Law No 350/2001, responsible for ensuring the integrity and preservation of euro coins with a view to identifying those suspected of falsehood and those who are no longer fit for circulation; h. «exhibitor»: natural or legal person other than the Manager of the Bank of Italy, presenting cash for refund or replacement, coins deemed unfit for circulation; i. issuing authority: cash Manager «» using automatic equipment for authentication of working capital; j. "consolidated list of coin processing equipment», hereinafter referred to as" equipment list-official list of machines suitable for metal working authentication». In accordance with the provisions of article 5, paragraph 2 of the regulation, the list is published on the website of the European Commission. All Sun equipment listed can be used for automatic authentication, without prejudice to the exceptions referred to in paragraph 2 of article 4 of that regulation; k. «coins»: the coins denominated in euros; l. "euro coins unfit for circulation ' means genuine euro coins which were rejected during the authentication process or euro coins whose appearance is significantly impaired; m. «sample»: representative set of counterfeit euro coins and euro coins authenticated; # ' qualified ' means the employees cash managers who have knowledge of the different public security features of euro coins, as specified in Regulation (EC) No 975/98 of May 3, 1998 and the ability to control them and who have played at least the appropriate training courses provided by C.N.A.C.; o. «Portal changeover (CASH.IT) ": computer system for acquiring statistical reporting cash handlers established by the Bank of Italy and referred to in the decision of the Governor of the Bank of Italy of February 14, 2012, published in the Official Gazette of the Republic, General series, # 414 of February 18, 2012; p. ' regulation ' means Regulation (EU) no December 15, 2010 1210 on the authentication of euro coins and handling of euro coins unfit for circulation, published in the official journal of the European Union of December 22, 2010, L 339, hereinafter referred to as ' regulation '; q. ' recirculate ' means the re-introduction of euro coins, subject to cash handlers authentication; a. «Discovery» test: the tests referred to in point e), «», as well as the annual inspections test procedure to verify the ability of an equipment model coin-processing machines to reject known types of counterfeit euro coins and, in that process, euro coins unfit for circulation, as well as all other coin-like objects , does not comply with the specifications of the euro coins.