The Executive Board of the Banco de España, in accordance with the provisions of Article 23.1 (h) of Law 13/1994, of 1 June, of Autonomy of the Banco de España; in Article 66.1 (i) of the Rules of Procedure of the Banco de España, and in clause XIV of the "General Clauses applicable to the Bank of Spain's ordinary cash service for euro banknotes", approved by Resolution of the Executive Board of the Banco de España of 27 October 2006, agrees:

First.

Include in the aforementioned "General Clauses applicable to the Bank of Spain's ordinary cash service for euro banknotes", approved by Resolution of the Executive Board of the Bank of Spain of 27 October 2006, the following changes:

1. Replace the wording of the title "General clauses applicable to the Bank of Spain's ordinary cash service for euro banknotes" by the " General clauses applicable to the Bank of Spain's ordinary cash service for banknotes and euro coins ".

2. The following wording is given to the "Introduction":

" I. Article 128 (1) of the Treaty on the Functioning of the European Union and Article 16 of the Statute of the European System of Central Banks (ESCB) and of the European Central Bank (ECB) confer on the ECB and the central banks national (NCB) the legal mandate to issue euro banknotes. Similarly, Article 128 (2) of the Treaty on the Functioning of the European Union provides that Member States may issue metallic coins, for which the ECB ' s approval as regards the volume of the issue will be necessary.

This mandate for the issuance of euro banknotes and coins involves taking care of the authenticity and conservation status of euro banknotes and coins in circulation, supporting the confidence that citizens place in euro banknotes and coins. them.

II. Furthermore, Article 6 of Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down the necessary measures for the protection of the euro against counterfeiting requires credit institutions and other entities to be used for the protection of the euro. participate in a professional title in the selection and distribution of banknotes and coins to the public to ensure the authenticity of the euro banknotes and coins which they have received and which they intend to return to circulation, as well as to ensure the detection of counterfeits. In addition, it requires them to withdraw all euro banknotes and coins which they receive, the false statements of which are, or may reasonably assume, and to be delivered without delay to the competent authority. This rule was incorporated into the Spanish legislation by means of the fourth additional provision of Law 46/1998 of 17 December on the introduction of the euro.

III. In order to ensure the integrity of euro banknotes, the Governing Council of the ECB adopted Decision ECB/2010/14 on 16 September 2010 on the verification of the authenticity and fitness of euro banknotes and on their recirculation, which entered into force on 1 January 2011.

Decision ECB/2010/14 lays down the procedures referred to in Article 6 (1) of Regulation (EC) No 1338/2001, which the cash handlers must comply with when they check the authenticity and fitness of the euro banknotes.

Decision ECB/2010/14 ensures that credit institutions and cash handlers only recirculates euro banknotes if their authenticity and fitness have been proven.

IV. Article 7 (5) (c) of Law 13/1994, of 1 June 1994, of the Autonomy of the Banco de España, confers jurisdiction on the Banco de España to put into circulation the metallic coin and to carry out, on behalf of the State, the other functions entrusted to it. with respect to her.

On the other hand, Articles 6 and 8 of Law 10/1975 of 12 March, on the regulation of the metallic coin, provide, respectively, that the coins minted on behalf of the State will be delivered to the Banco de España, as a deposit to the Bank of Spain. withdrawn, for putting into circulation, the competent authority being also to withdraw the coins from the circulation of coins which fall into their boxes and suffer from defects or are excessively worn or incomplete.

V. The fourth additional provision of Law 46/1998 of 17 December 1998 introducing the euro provides that the Bank of Spain may lay down the precise rules for the application of the first paragraph of Article 6 of Regulation (EC) No 1338/2001. Council of 28 June 2001. On the other hand, Article 15 of Law 13/1994, of 1 June, of Autonomy of the Banco de España, states that, in order to promote the authenticity and quality of euro banknotes in circulation, the Banco de España may establish criteria and procedures for action in relation to their entry into service, withdrawal, exchange, custody and recirculation, and shall ensure compliance.

VI. The Bank of Spain must ensure that the best quality of the banknotes and coins are guaranteed in the service of the entry of the banknotes and coins to the credit institutions, as well as the exchange and withdrawal of those (cash service). coins in circulation. This is, therefore, a service of general interest, which must be provided under conditions that guarantee the quality of the circulating notes and coins.

VII. In accordance with the above, and in order to establish the general framework to which the ordinary cash service provided by the Banco de España, the Executive Committee, in accordance with Article 23.1.h) of Law 13/1994, of 1 June of 1 June, will be subject to Autonomy of the Banco de España, and with Article 66.1 (i) of the Rules of Procedure of the Banco de España (adopted by Resolution of 28 March 2000, of the Bank of Spain's Governing Council), has agreed to approve the "applicable General Clauses" to the Bank of Spain's ordinary cash service for euro banknotes and coins " which follow continuation: "

3. The following modifications are introduced in Section III, "Definitions":

3.1 The definition of "Automatic Cengers" is replaced by the definition of "Cash Distributor" with the following wording:

"Cash Distributor": an automatic device that, by using a bank card or other means, distributes euro banknotes to the public by placing a charge on a bank account, such as an ATM. Automatic payment terminals with which the public can pay goods or services by bank card, cash or other means of payment have a cash withdrawal function, so they are also considered to be cash dispensers. (Article 2 of Decision ECB/2010/14). '

3.2 The definition of "Client-operated devices" is removed.

3.3 The following wording is given to the definition of "Basic Box Service":

"Basic cash service" means the minimum cash service guaranteed by the Banco de España to credit institutions that request it. The conditions under which this basic cash service will be provided can be found on the Banco de España website or any of its branches. "

3.4 The definition of "Remote Branch" is removed.

3.5 The following wording is given to the definition of "Distribution Point":

"Distribution point": any of the branches of the Banco de España from which credit institutions are offered the possibility to deliver and withdraw banknotes and/or coins, or any of the operating centres of the System of Auxiliary Deposits from which the Banco de España, where applicable, offers credit institutions the possibility to deliver and withdraw banknotes and/or coins. "

4. The following wording is given to paragraphs 1, 2, 3 and 4 of Clause IV: "Bank of Spain Ordinary Cash Service":

" 1. For the provision of the ordinary cash service by the Banco de España detailed in this clause, the entity wishing to join, in addition to being the holder of an account in the TARGET2-BE payment module or, failing that, to carry out the requests for revenue or withdrawals of banknotes and/or coins through an entity which, if it is the holder of that account in the payment module, shall send a letter to the Banco de España expressly adhering to these Clauses General, the content of which shall be in accordance with the model annexed to these Clauses.

2. Once received by the Banco de España the aforementioned letter, the attached entity will be able to send to that request for income or withdrawals of a certain number of banknotes and/or coins, in the form and term that the Banco de España determines. These requests will be made by identifying the details of the denominations of the banknotes and/or coins expected to be delivered or received and the point of distribution in which the operation is to be performed.

3. The Banco de España will accept that the operation of entry or withdrawal of banknotes and/or coins is carried out by means of a company of transport of funds (CTF), to which the attached entity has authorized in an explicit and sufficient manner, according to the terms established by the Bank of Spain.

4. The income operations at the Banco de España will be carried out on the established schedules, at the authorized distribution points, and in accordance with the rules of presentation, packaging and information established by the Banco de España. Where it is the Banco de España that delivers the banknotes and/or coins to the institutions, the established presentation and packaging rules shall also be respected. '

5. A new Section V is introduced, with the following wording:

" V. Cross-border cash service.

For the purposes set out in Article 4 of the Guideline of the European Central Bank of 20 July 2012 on the exchange of data for cash services (ECB/2012/16), institutions attached to these Clauses General wishing to apply for cross-border transactions in income and/or withdrawals of banknotes and/or coins to be carried out on another national central bank of the Eurosystem (foreign national central bank) shall use the same intended channel of communication for national operations, accepting the use, conditions and technical requirements of the Data Exchange Interface for Caja Services (DECS). Prior to the commencement of such cross-border activities, the institution shall inform the Bank of Spain of the terms of the contractual agreement with the foreign national central bank to carry out the cash operations in its country. through DECS. Applications for cash transactions shall be managed through DECS, by the Bank of Spain to the foreign national central bank with which the transaction is to be performed, in accordance with Guideline ECB/2012/16. The Bank of Spain shall have no liability in relation to the content of the cross-border transaction messages, nor shall it be considered a party or respond in any way to the cross-border cash transactions that the institutions (i) to be carried out with foreign national central banks. "

6. Clause V, "Procedures applicable to the entry into circulation, selection and delivery of banknotes", as Clause VI, is hereby renumbered and given the following wording:

" VI. Procedures for the entry into circulation, selection and delivery of banknotes.

1. The attached entity may only put into circulation banknotes that have passed the controls of authenticity and state of use as defined in Section VII and in the acts that the Banco de España will dictate to the effect.

2. The attached entity shall meet the conditions for the selection of banknotes, in accordance with the procedures and time limits set out in Section VIII and other acts which the Bank of Spain has issued.

3. The attached entity shall comply with the conditions on delivery to the Bank of Spain of banknotes unfit to circulate, in accordance with the procedures and time limits set out in Clauses VIII and IX, and other acts that the Bank of Spain dictates.

4. The attached entity shall provide the Bank of Spain immediately with the information requested by it in connection with these General Clauses and other acts of execution of these.

5. The attached entity shall allow the Banco de España to verify the information requested by it in connection with these General Clauses and other implementing acts. "

7. Clause VI, "Conditions for the putting into circulation of banknotes", is renumbered as clause VII and given the following wording:

" VII. Conditions for the entry into circulation of banknotes.

The attached entity will assume the following obligations:

1. Delivery of tickets to the public through cash dispensers operated by the customer.

The attached entity will recharge the cash dispensers operated by the customer, exclusively, with tickets belonging to the following groups:

1) New banknotes from the Banco de España.

2) Used banknotes selected and delivered by the Banco de España.

3) Used banknotes selected in a banknote selection centre in accordance with the limitations and conditions for the exercise of the activity set out by the Banco de España.

4) Used banknotes selected in their branches by the use of recycling equipment duly tested by the Banco de España or other ESCB NCBs, which mechanically control the authenticity and state of use of the banknotes, with the limitations and conditions set out in Section VIII and in the acts which the Bank of Spain has issued for its implementation.

Regardless of who reclaims the cash dispensers operated by the customer, the attached entity, as the owner of the cash, will be responsible for the fact that they are exclusively filled with banknotes. belonging to one of the four categories listed above.

2. Remote branch. By way of derogation from the above point, the recharging of cash distributors operated by the customer, located in branches of credit institutions rated as 'remote', or dependent on them, may be carried out with banknotes whose authenticity and state of use requirements have been contrasted in the special conditions authorised for those banknotes. In particular, with banknotes which have passed the control of authenticity with specialised machinery and whose state of use has been manually checked, by staff of the branch formed for that purpose, subject to the conditions laid down in the acts that the Banco de España has issued for the implementation of these General Clauses. In addition, in order to have this remote branch consideration, the branch must be located in a municipality with a population number equal to or less than 5,000 inhabitants, according to the municipal register.

The attached entities, in close collaboration with Banco de España, will limit the volume of banknotes whose ability to return to circular is manually checked at 5% of the total volume of banknotes of each denomination redistributed, at national level, through ATMs and other devices used by the customer.

3. Continuity of supply in exceptional circumstances. If the supply of banknotes is significantly compromised by means of force majeure, the entity adhered to, in order to ensure its continuity, and exceptionally and temporarily, may assign the authenticity and fitness check to banknotes to be circulated through ATMs and other devices operated by the customer to specially trained staff, in accordance with the requirements laid down in the acts which the Banco de España for the execution of these General Clauses.

In such cases of force majeure, the attached entity shall inform the Bank of Spain without delay of the decision concerning the verification of authenticity and fitness carried out manually by its staff, specifying the specific nature of the force majeure event, as well as the expected length of the manual selection period for euro banknotes.

4. Direct delivery of banknotes to the public by an employee of the attached entity (through window, counter or other system). Without prejudice to the fact that, in any event, the use of equipment verifying the authenticity of the banknotes and having been tested by the Banco de España or another ESCB member NCB, the euro banknotes which the attached entity delivers to the public through its windows or by any other non-mechanical means, which allows direct treatment with the customers, may be manually selected by expert staff in the branches of that, based on the acts dictated to the effect by the Banco de España. "

8. Clause VII, "Conditions for the selection of banknotes in branches of credit institutions", is renumbered as clause VIII and given the following wording:

" VIII. Conditions for the selection of banknotes in branches of credit institutions.

1. Selection of banknotes in branches of credit institutions. The selection of banknotes in the branches of the attached entity shall be carried out in accordance with the conditions and limitations laid down in the acts that the Banco de España dictates for the implementation of these General Clauses, and shall have as its target:

-The reloading of customer-operated cash dispensers located in those branches.

-Direct delivery of tickets to the public by branch employees.

In the first case, the legitimacy and state-of-use controls shall be carried out by means of the types of positively assessed banknote processing machines published on the ECB's website.

In the second case, the legitimacy and state of use controls may be performed manually, by employees of the attached entity experts in the knowledge of the ticket, as detailed in the acts that the Bank of Spain for the implementation of these General Clauses.

2. Delivery of tickets unfit to return to circulation. The attached institutions shall provide the Bank of Spain with all banknotes which do not meet the minimum conditions of use required for the return to circulation, in accordance with the reference criteria laid down in the acts giving effect to the Bank of Spain. Bank of Spain for the implementation of the present General Clauses and following the processes and delivery formats established by the latter.

The Banco de España may refuse a delivery of banknotes when it represents a health risk to the staff in charge of its treatment or when delivery does not comply with the rules on packaging, labelling or other conditions to set the Banco de España. "

9. Clause VIII, "Conditions for the mandatory delivery of suspected counterfeit banknotes to the Banco de España", is renumbered as Clause IX and given the following wording:

" IX. Conditions for the mandatory delivery of counterfeit banknotes and coins to the Banco de España.

According to the fourth additional provision of Law 46/1998 of 17 December on the introduction of the euro, the attached entities will retain and deliver to the Banco de España all counterfeit notes and coins they detect as a result of the development of their activity, in accordance with the criteria set by the Banco de España and following the processes and delivery formats established by the Bank of Spain, which may be consulted on the Bank's website of Spain or any of its dependencies. "

10. A new Section X is introduced, with the following wording:

" X. Staff training.

The attached entity that recircules banknotes manually for direct delivery to the customer must guarantee the training and professional updating of the employees dedicated to this control, as well as to disseminate properly in all its branches the acts which the Bank of Spain has issued on this matter.

The Bank of Spain will address the requests received regarding the training needs of the banking staff of the attached entities in the aspects related to the knowledge and treatment of the banknotes. "

11. A new Clause XI is introduced, with the following wording:

" XI. Statistical information to be submitted.

"The attached entities shall periodically send to the Banco de España the statistical and detailed information requested by them, in relation to the points mentioned in Clauses VII and VIII."

12. A new Section XII is introduced, with the following wording:

" XII. Additional information, controls and inspections.

" The Banco de España may verify that the attached entity complies with the terms established to carry out the activities of selecting and putting into circulation banknotes in Clauses VII and VIII. To this end, it may request regular or timely information which it considers to be accurate and to carry out checks and inspections at the premises. "

13. Clause IX, "Non-compliance and effects derived from it", is renumbered as Clause XIII.

14. Clause X, "Extinction", is renumbered as Section XIV and the following wording is given to paragraph (b):

"(b) Revocation of the authorisation granted to the institution, in accordance with the provisions of Article 8 of Law 10/2014 of 26 June 2014 on the management, supervision and solvency of credit institutions."

15. The Clauses XI, "Force Majeure"; XII, "applicable law and fuero"; XIII, "domicile", and XIV, "Modification and development", as, respectively, Clauses XV, XVI, XVII and XVIII, are renumbered.

16. Clause XV, "Compatibility with other ticketing activities", is renumbered as Section XIX and its title is replaced by "Compatibility with other activities relating to banknotes and coins".

17. The previous Section XVI, "Transitional Regime", is removed.

18. Clause XVII, "Entry into Force", is renumbered as Clause XX.

19. The following wording is given to Annex 1:

" Accession to the General Clauses applicable to the Bank of Spain's ordinary cash service for euro banknotes and coins

Madrid, ........................................................................... NIF ............................... N. Registration ........................, with domicile in ........................................................, and in its name and representation ................................................................................., with DNI ............................., specially empowered for this act by virtue of power granted to the Notary .............................................................................................

Requests for the present its adherence to the "General Clauses applicable to the Bank of Spain's ordinary cash service for euro banknotes and coins" (hereinafter the General Clauses), to the end of which it states:

1. That it expressly accepts the content of the General Clauses and acts which the Banco de España dictates for its execution, as well as those provisions which in the future would replace, modify or supplement, in all or in part, the aforementioned General Clauses and the acts dictated for their execution.

2. º designating persons authorized to operate in connection with the ordinary cash service provided for in these General Clauses indicated in the document annexed to this document.

By the attached entity, "

Second.

The modifications contained in the first point above will apply from your publication in the "Official State Gazette".

Third.

A consolidated text of the "General clauses applicable to the Bank of Spain's ordinary cash service for euro banknotes and coins", adopted by the Commission's Resolution, is hereby approved as annexed to this Resolution. Executive of 27 October 2006, with the amendments made to them by this Resolution.

Madrid, 22 May 2015.-The Secretary General of the Banco de España, Francisco Javier Priego Pérez.

ATTACHED

General clauses applicable to the Bank of Spain's ordinary cash service for euro banknotes and coins

(Consolidated version)

Introduction.

I. General legal regime.

II. Scope of application.

III. Definitions.

IV. Banco de España's ordinary cash service.

V. Cross-border cash service.

VI. Procedures for the entry into circulation, selection and delivery of banknotes.

VII. Conditions for the entry into circulation of banknotes.

VIII. Conditions for the selection of banknotes in branches of credit institutions.

IX. Conditions for the mandatory delivery of counterfeit banknotes and coins to the Banco de España.

X. Staff training.

XI. Statistical information to be submitted.

XII. Additional information, controls and inspections.

XIII. Non-compliance and related effects of this.

XIV. Extinction.

XV. Force majeure.

XVI. Applicable law and jurisdiction.

XVII. Address.

XVIII. Modification and development.

XIX. Compatibility with other activities relating to banknotes and coins.

XX. Entry into force.

Annex 1 Accession to the General Clauses applicable to the Bank of Spain's ordinary cash service for euro banknotes and coins.

Introduction.

I. Article 128 (1) of the Treaty on the Functioning of the European Union and Article 16 of the Statute of the European System of Central Banks (ESCB) and of the European Central Bank (ECB) confer on the ECB and the central banks national (NCB) the legal mandate to issue euro banknotes. Similarly, Article 128 (2) of the Treaty on the Functioning of the European Union provides that Member States may issue metallic coins, for which the ECB ' s approval as regards the volume of the issue will be necessary.

This mandate for the issuance of euro banknotes and coins involves taking care of the authenticity and conservation status of euro banknotes and coins in circulation, supporting the confidence that citizens place in euro banknotes and coins. them.

II. Furthermore, Article 6 of Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down the necessary measures for the protection of the euro against counterfeiting requires credit institutions and other entities to be used for the protection of the euro. participate in a professional title in the selection and distribution of banknotes and coins to the public to ensure the authenticity of the euro banknotes and coins which they have received and which they intend to return to circulation, as well as to ensure the detection of counterfeits. In addition, it requires them to withdraw all euro banknotes and coins which they receive, the false statements of which are, or may reasonably assume, and to be delivered without delay to the competent authority. This rule was incorporated into the Spanish legislation by means of the fourth additional provision of Law 46/1998 of 17 December on the introduction of the euro.

III. In order to ensure the integrity of euro banknotes, the Governing Council of the ECB adopted Decision ECB/2010/14 on 16 September 2010 on the verification of the authenticity and fitness of euro banknotes and on their recirculation, which entered into force on 1 January 2011.

Decision ECB/2010/14 lays down the procedures referred to in Article 6 (1) of Regulation (EC) No 1338/2001, which the cash handlers must comply with when they check the authenticity and fitness of the euro banknotes.

Decision ECB/2010/14 ensures that credit institutions and cash handlers only recirculates euro banknotes if their authenticity and fitness have been proven.

IV. Article 7 (5) (c) of Law 13/1994, of 1 June 1994, of the Autonomy of the Banco de España, confers jurisdiction on the Banco de España to put into circulation the metallic coin and to carry out, on behalf of the State, the other functions entrusted to it. with respect to her.

On the other hand, Articles 6 and 8 of Law 10/1975 of 12 March, on the regulation of the metallic coin, provide, respectively, that the coins minted on behalf of the State will be delivered to the Banco de España, as a deposit to the Bank of Spain. withdrawn, for putting into circulation, the competent authority being also to withdraw the coins from the circulation of coins which fall into their boxes and suffer from defects or are excessively worn or incomplete.

V. The fourth additional provision of Law 46/1998 of 17 December 1998 introducing the euro provides that the Bank of Spain may lay down the precise rules for the application of the first paragraph of Article 6 of Regulation (EC) No 1338/2001. Council of 28 June 2001. On the other hand, Article 15 of Law 13/1994, of 1 June, of Autonomy of the Banco de España, states that, in order to promote the authenticity and quality of euro banknotes in circulation, the Banco de España may establish criteria and procedures for action in relation to their entry into service, withdrawal, exchange, custody and recirculation, and shall ensure compliance.

VI. The Bank of Spain must ensure that the best quality of the banknotes and coins are guaranteed in the service of the entry of the banknotes and coins to the credit institutions, as well as the exchange and withdrawal of those (cash service). coins in circulation. This is, therefore, a service of general interest, which must be provided under conditions that guarantee the quality of the circulating notes and coins.

VII. In accordance with the above, and in order to establish the general framework to which the ordinary cash service provided by the Banco de España, the Executive Committee, in accordance with Article 23.1.h) of Law 13/1994, of 1 June of 1 June, will be subject to Autonomy of the Banco de España, and with Article 66.1 (i) of the Rules of Procedure of the Banco de España (adopted by Resolution of 28 March 2000, of the Bank of Spain's Governing Council), has agreed to approve the "applicable General Clauses" to the Bank of Spain's ordinary cash service for euro banknotes and coins " which follow continuation:

I. General legal regime

The provision of the Bank of Spain's ordinary cash service to credit institutions shall be governed by the provisions of these General Clauses and by:

-The acts dictated by the Banco de España for its execution.

-What is established in the contracts that, if any, are concluded between the Banco de España and the entities, which will be adjusted to the models that the Banco de España has approved for the purpose.

II. Scope of application

The Banco de España will provide the ordinary cash service described in Section IV to credit institutions that adhere to these General Clauses and that request it in the terms provided for in this Section. Clause IV.

III. Definitions

In the present General Clauses the terms that are indicated are used, with the meaning that is then assigned to each of them:

"Cash Distributor": an automatic device that, by using a bank card or other means, distributes euro banknotes to the public by placing a charge in a bank account, such as an ATM. Automatic payment terminals with which the public can pay goods or services by bank card, cash or other means of payment have a cash withdrawal function, so they are also considered to be cash dispensers. (Article 2 of Decision ECB/2010/14).

"Selection Center" means the installation of a credit institution, or another entity participating in a professional title in the handling and distribution of banknotes, provided that the latter is included in the list drawn up by the Banco de España and published by this website.

"attached Entity": the credit institution that signs the adherence to these General Clauses.

"banknote selection" means a set of operations designed to assess the authenticity and quality of euro banknotes from circulation, prior to their return to the public, separating the allegedly false and non-false meet the minimum conditions of state of use for returning to the movement, in order to ensure that all banknotes which are delivered to the public are authentic and have quality levels, in their state of use, in accordance with the criteria laid down by the Banco de España in accordance with the common rules established for the Eurosystem.

"Basic Cash Service": the minimum cash service guaranteed by the Banco de España to credit institutions that request it. The conditions under which this basic cash service will be provided can be found on the Banco de España website or in any of its branches.

"Distribution point": any of the branches of the Banco de España from which credit institutions are offered the possibility to deliver and withdraw banknotes and/or coins, or any of the operating centres of the System of Auxiliary Deposits from which the Banco de España, where applicable, offers credit institutions the possibility to deliver and withdraw banknotes and/or coins.

IV. Bank of Spain Ordinary Cash Service

1. For the provision of the ordinary cash service by the Banco de España detailed in this clause, the entity wishing to join, in addition to being the holder of an account in the TARGET2-BE payment module or, failing that, to carry out the requests for revenue or withdrawals of banknotes and/or coins through an entity which, if it is the holder of that account in the payment module, shall send a letter to the Banco de España expressly adhering to these Clauses General, the content of which shall be in accordance with the model annexed to these Clauses.

2. Once received by the Banco de España the aforementioned letter, the attached entity will be able to send to that request for income or withdrawals of a certain number of banknotes and/or coins, in the form and term that the Banco de España determines. These requests will be made by identifying the details of the denominations of the banknotes and/or coins expected to be delivered or received and the point of distribution in which the operation is to be performed.

3. The Banco de España will accept that the operation of entry or withdrawal of banknotes and/or coins is carried out by means of a company of transport of funds (CTF), to which the attached entity has authorized in an explicit and sufficient manner, according to the terms established by the Bank of Spain.

4. The income operations at the Banco de España will be carried out on the established schedules, at the authorized distribution points, and in accordance with the rules of presentation, packaging and information established by the Banco de España. Where it is the Banco de España that delivers the banknotes and/or coins to the institutions, the established presentation and packaging rules shall also be respected.

5. The conditions under which the ordinary cash service will be provided, its formalisation and the procedures to be followed shall be those set out by the Bank of Spain in these General Clauses and in the acts which it gives to the effect.

6. The revenue and reception operations shall be formalised in accordance with the technical procedures established by the Banco de España.

V. Cross-border cash service

For the purposes set out in Article 4 of the Guideline of the European Central Bank of 20 July 2012 on the exchange of data for cash services (ECB/2012/16), institutions attached to these Clauses General wishing to apply for cross-border transactions in income and/or withdrawals of banknotes and/or coins to be carried out on another national central bank of the Eurosystem (foreign national central bank) shall use the same intended channel of communication for national operations, accepting the use, conditions and technical requirements of the Data Exchange Interface for Caja Services (DECS). Prior to the commencement of such cross-border activities, the institution shall inform the Bank of Spain of the terms of the contractual agreement with the foreign national central bank to carry out the cash operations in its country. through DECS. Applications for cash transactions shall be managed through DECS, by the Bank of Spain to the foreign national central bank with which the transaction is to be performed, in accordance with Guideline ECB/2012/16. The Bank of Spain shall have no liability in relation to the content of the cross-border transaction messages, nor shall it be considered a party or respond in any way to the cross-border cash transactions that the institutions (i) to be carried out with the foreign national central banks.

VI. Procedures for the entry into circulation, selection and delivery of banknotes

1. The attached entity may only put into circulation banknotes that have passed the controls of authenticity and state of use as defined in Section VII and in the acts that the Banco de España will dictate to the effect.

2 The attached entity shall meet the conditions for the selection of banknotes, in accordance with the procedures and time limits set out in Section VIII and other acts that the Bank of Spain has issued.

3. The attached entity shall comply with the conditions on delivery to the Bank of Spain of banknotes unfit to circulate, in accordance with the procedures and time limits set out in Clauses VIII and IX, and other acts that the Bank of Spain dictates.

4. The attached entity shall provide the Bank of Spain immediately with the information requested by it in connection with these General Clauses and other acts of execution of these.

5. The attached entity shall allow the Banco de España to verify the information requested by it in connection with these General Clauses and other acts of execution of these.

VII. Conditions for the putting into circulation of banknotes

The attached entity will assume the following obligations:

1. Delivery of tickets to the public through cash dispensers operated by the customer.

The attached entity will recharge the cash dispensers operated by the customer, exclusively, with tickets belonging to the following groups:

1) New banknotes from the Banco de España.

2) Used banknotes selected and delivered by the Banco de España.

3) Used banknotes selected in a banknote selection centre in accordance with the limitations and conditions for the exercise of the activity set out by the Banco de España.

4) Used banknotes selected in their branches by the use of recycling equipment duly tested by the Banco de España or other ESCB NCBs, which mechanically control the authenticity and state of use of the banknotes, with the limitations and conditions set out in Section VIII and in the acts which the Bank of Spain has issued for its implementation.

Regardless of who reclaims the cash dispensers operated by the customer, the attached entity, as the owner of the cash, will be responsible for the fact that they are exclusively filled with banknotes. belonging to one of the four categories listed above.

2. Remote branch. By way of derogation from the above point, the recharging of cash distributors operated by the customer, located in branches of credit institutions rated as 'remote', or dependent on them, may be carried out with banknotes whose authenticity and state of use requirements have been contrasted in the special conditions authorised for those banknotes. In particular, with banknotes which have passed the control of authenticity with specialised machinery and whose state of use has been manually checked, by staff of the branch formed for that purpose, subject to the conditions laid down in the acts that the Banco de España has issued for the implementation of these General Clauses. In addition, in order to have this remote branch consideration, the branch must be located in a municipality with a population number equal to or less than 5,000 inhabitants, according to the municipal register.

The attached entities, in close collaboration with Banco de España, will limit the volume of banknotes whose ability to return to circular is manually checked at 5% of the total volume of banknotes of each denomination redistributed, at national level, through ATMs and other devices used by the customer.

3. Continuity of supply in exceptional circumstances. If the supply of banknotes is significantly compromised by means of force majeure, the entity adhered to, in order to ensure its continuity, and exceptionally and temporarily, may assign the authenticity and fitness check to banknotes to be circulated through ATMs and other devices operated by the customer to specially trained staff, in accordance with the requirements laid down in the acts which the Banco de España for the execution of these General Clauses.

In such cases of force majeure, the attached entity shall inform the Bank of Spain without delay of the decision concerning the verification of authenticity and fitness carried out manually by its staff, specifying the specific nature of the force majeure event, as well as the expected length of the manual selection period for euro banknotes.

4. Direct delivery of banknotes to the public by an employee of the attached entity (through window, counter or other system). Without prejudice to the fact that, in any event, the use of equipment verifying the authenticity of the banknotes and having been tested by the Banco de España or another ESCB member NCB, the euro banknotes which the attached entity delivers to the public through its windows or by any other non-mechanical means, which allows direct treatment with the customers, may be manually selected by expert staff in the branches of that, based on the acts dictated to the effect by the Banco de España.

VIII. Conditions for the selection of banknotes in branches of credit institutions

1. Selection of banknotes in branches of credit institutions. The selection of banknotes in the branches of the attached entity shall be carried out in accordance with the conditions and limitations laid down in the acts that the Banco de España dictates for the implementation of these General Clauses, and shall have as its target:

-The reloading of customer-operated cash dispensers located in those branches.

-Direct delivery of tickets to the public by branch employees.

In the first case, the legitimacy and state-of-use controls shall be carried out by means of the types of positively assessed banknote processing machines published on the ECB's website.

In the second case, the legitimacy and state of use controls may be performed manually, by employees of the entity attached to the knowledge of the ticket, as detailed in the acts that the Banco de España for the implementation of these General Clauses.

2. Delivery of tickets unfit to return to circulation. The attached institutions shall provide the Bank of Spain with all banknotes which do not meet the minimum conditions of use required for the return to circulation, in accordance with the reference criteria laid down in the acts giving effect to the Bank of Spain. Bank of Spain for the implementation of the present General Clauses and following the processes and delivery formats established by the latter.

The Banco de España may refuse a delivery of banknotes when it represents a health risk to the staff in charge of its treatment or when delivery does not comply with the rules on packaging, labelling or other conditions to set up the Banco de España.

IX. Conditions for the compulsory delivery of counterfeit banknotes and coins to the Banco de España

According to the fourth additional provision of Law 46/1998 of 17 December on the introduction of the euro, the attached entities will retain and deliver to the Banco de España all counterfeit notes and coins they detect as a result of the development of their activity, in accordance with the criteria set by the Banco de España and following the processes and delivery formats established by the Bank of Spain, which may be consulted on the Bank's website of Spain or any of its dependencies.

X. Training of staff

The attached entity that recircules banknotes manually for direct delivery to the customer must guarantee the training and professional updating of the employees dedicated to this control, as well as to disseminate properly in all its branches the acts which the Bank of Spain has issued on this matter.

The Bank of Spain will address the requests received regarding the training needs of the banking staff of the attached entities in the aspects related to the knowledge and treatment of the banknotes.

XI. Statistical information to be submitted

The attached entities shall periodically send to the Banco de España the statistical and detailed information requested by them, in relation to the points mentioned in Clauses VII and VIII.

XII. Additional information, controls and inspections

The Banco de España may verify that the attached entity complies with the terms established to carry out the activities of selecting and putting into circulation banknotes in Clauses VII and VIII. To this end, it may request periodic or ad hoc information which it considers to be accurate and to carry out checks and inspections at the premises.

XIII. Non-compliance and related effects of this

1. In the event that the attached entity defaults or fails to comply with its obligations under these General Clauses, the Banco de España may determine that the ordinary cash service it provides to such an entity is in accordance with the terms of the terms of reference. of the basic cash service. To this end, the Banco de España shall send the attached entity a written communication where it shall inform it of the commencement of the provision of the basic cash service in accordance with the above conditions and the period of the duration of the provision, which shall not be less than one week or more than one year. After the expiry of that period, the Bank of Spain's provision of the cash service to the attached entity shall be adjusted in accordance with the provisions of Section IV (ordinary cash service).

2. Without prejudice to the number 1 above, the Banco de España may refer to the entity adhered to any kind of communications, making recommendations or warnings about the fulfilment of the obligations arising out of the present General Terms.

XIV. Extinction

The Banco de España may, by means of the corresponding written communication, terminate the provision of the ordinary cash service to the institution in the following cases:

(a) Admissions to the application for the competition of creditors of the entity or the adoption of the order of declaration of the entity in accordance with the provisions of Articles 14 and 15, respectively, of Law 22/2003, of July 9, Insolvency.

b) Revocation of the authorisation granted to the institution, in accordance with the provisions of Article 8 of Law 10/2014 of 26 June 2014 on the management, supervision and solvency of credit institutions.

(c) Adoption, in accordance with the law of another State, of a measure of a universal nature aimed at the reorganisation or liquidation of the entity, or the revocation or suspension of the authorisation granted by the entity for the purposes of performance of your activity.

XV. Force majeure

The Banco de España does not assume any liability for the damages that the entities that adhere to these General Clauses could suffer as a consequence of acts or events constituting force majeure, including strikes (whether personal or not), wars, lockout, social unrest, fire, flooding, fuel shortages, electrical energy, impossibility of transport, disaster affecting the availability of computer media, acts or resolutions of public authorities or any other cause, independent of the will of the Banco de España.

XVI. Applicable law and jurisdiction

The Law applicable to these General Clauses is Spanish.

For how many actions and claims can be derived from these General Clauses, the courts and tribunals of Madrid (capital) will be competent, renouncing both the Banco de España and the entity attached to any other jurisdiction. which may correspond to them.

XVII. Address

For all the purposes of notifications and requirements, the address of the entity shall be deemed to be the address of the Official Records held by the Banco de España in relation to that institution.

XVIII. Modification and development

The present General Clauses may be modified at any time by the Executive Board of the Bank of Spain and the agreed amendment shall apply from the time of publication in the Official Journal of the State, without prejudice to the fact that the Banco de España may also notify the institutions of such modification. The entities may not claim to be unaware of these General Clauses, nor of their modifications once they have been made public by the Banco de España.

The Banco de España may issue the acts necessary for compliance with these General Clauses.

XIX. Compatibility with other activities relating to banknotes and coins

The present General Clauses do not contravene the contracts in force that the Banco de España may have signed with third parties, in particular with the participating entities in the System of Auxiliary Deposits, although its Adherence to the General Clauses and their subsequent compliance become indispensable requirements in order to continue operating through the aforementioned system.

XX. Entry into force

The present General Clauses will enter into force on January 1, 2007.

ATTACHED 1

Accession to the General Clauses applicable to the Bank of Spain's ordinary cash service for euro banknotes and coins

Madrid, .................................................................................. NIF .................................. N. Registration ............................., with domicile in ................................................................, and in its name and representation ........................................................................................, with DNI ......................................., specially empowered for this act by virtue of power granted to the Notary .......................................................................................................

Requests for the present its adherence to the "General Clauses applicable to the Bank of Spain's ordinary cash service for euro banknotes and coins" (hereinafter the General Clauses), to the end of which it states:

1. That it expressly accepts the content of the General Clauses and acts which the Banco de España dictates for its execution, as well as those provisions which in the future would replace, modify or supplement, in all or in part, the aforementioned General Clauses and the acts dictated for their execution.

2. º designating persons authorized to operate in connection with the ordinary cash service provided for in these General Clauses indicated in the document annexed to this document.

By the attached entity,