Resolution Of 22 Of Mayo Of 2015, Of The Commission Executive Of The Bank Of Spain, By Which Is Modifies The Of 27 Of October Of 2006, Of Approval Of Them Clauses General Applicable To The Service Of Box Ordinary Of The Bank Of Spain For The Bi...

Original Language Title: Resolución de 22 de mayo de 2015, de la Comisión Ejecutiva del Banco de España, por la que se modifica la de 27 de octubre de 2006, de aprobación de las cláusulas generales aplicables al servicio de caja ordinario del Banco de España para los bi...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5786

The Executive Committee of the Bank of Spain, in accordance with the provisions of article 23.1, section h), law 13/1994 of 1 June, autonomy of the Bank of Spain; in article 66.1, section i), the internal regulations of the Bank of Spain, and in clause XIV of the «General provisions applicable to ordinary box service of the Bank of Spain to euro banknotes», approved by resolution of the Commission Executive of the Bank of Spain on October 27, 2006, agrees: first.

Include in them cited «clauses General applicable to the service of box ordinary of the Bank of Spain to them tickets in euros», approved by resolution of the Commission Executive of the Bank of Spain of 27 of October of 2006, them modifications that is collected then: 1. replace the drafting of the title «clauses General applicable to the service of box ordinary of the Bank of Spain for them tickets in euros» by it of «clauses General applicable to the service of box ordinary of the» Bank of Spain to banknotes and coins in euro'.

2. it gives the following wording to the «introduction»: «i. paragraph 1 of article 128 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) entrusted to the ECB and the national central banks (NCBS) the legal mandate to issue euro banknotes. Of equal way, the paragraph 2 of the article 128 of the treated of performance of the Union European sets that them States members may issue currency metal, for which will be required the approval of the ECB with regard to the volume of emission.

This mandate for the issuance of banknotes and coins in euros involves care for the authenticity and the conservation status of banknotes and coins in circulation, supporting the trust citizens place on them.

II. Moreover, the article 6 of the Regulation (CE) No. 1338 / 2001 of the Council, of 28 of June of 2001, by which is defined them measures necessary of protection of the euro against the counterfeiting, requires to them entities of credit and others entities that participate to title professional in the selection and distribution of tickets and coins to the public to ensure the authenticity of them tickets and coins of euros that have received and that have planned return putting into circulation, as well as to ensure the detection of forgeries. In addition, forced to withdraw from circulation all banknotes and coins in euros that receive whose falsity record them, or they can be founded, and to hand them over without delay to the competent authority. This rule was incorporated into Spanish law by the fourth additional provision of law 46/1998, of December 17, on introduction of the euro.

III. for ensure the integrity of them tickets in euros, the Council of Government of the ECB adopted, the 16 of September of 2010, the Decision ECB / 2010 / 14, on the checking of the authenticity and fitness of them tickets in euros and on its recirculation, that entered in force the 1 of January of 2011.

The Decision ECB/2010/14 establishes the procedures referred to in paragraph 1 of article 6 of Regulation (EC) No. 1338 / 2001, which the entities that handle cash must comply when they check the authenticity and fitness of banknotes in euros.

The Decision ECB / 2010 / 14 ensures that the entities of credit and them entities that handle effective only recirculating them tickets in euros if is has proven its authenticity and fitness.

The IV. Article 7.5. c) Law 13/1994 of 1 June, autonomy of the Bank of Spain, gives competence to the Bank of Spain to put into circulation the coins and carry out, on behalf of the State, the other functions entrusted to it.

For his part, articles 6 and 8 of the law 10/1975 of 12 March, regulation of the coins, establish, respectively, that the coins minted by the State shall be returned to the Bank of Spain, as a deposit to its withdrawal, for putting them into circulation, being also the competent to withdraw from circulation coins which come in their boxes and suffer from any defect or excessively worn or incomplete.

V. The fourth additional provision of law 46/1998, of December 17, introduction of the euro, establishes that the Bank of Spain may dictate the precise rules for the application of the first paragraph of article 6 of Regulation (EC) No. 1338 / 2001 of 28 June 2001 Council. On the other hand, the article 15 of the law 13 / 1994, of 1 of June, of autonomy of the Bank of Spain, establishes that, to promote the authenticity and quality of them tickets in euros in circulation, the Bank of Spain may establish criteria and procedures of performance in relation to its put in circulation, withdrawal, Exchange, custody and recirculation , and shall ensure by their compliance.

VI. in the provision of service income of banknotes and coins to the wholesale credit, as well as redemption and withdrawal of those entities (service box), the Bank of Spain should ensure to ensure the optimal quality of notes and coins in circulation. It is, therefore, of a service of general interest, which must be provided in conditions that guarantee the quality of banknotes and coins circulating.

VII. in accordance with the foregoing, and in order to establish the general framework which shall be subject to the ordinary box service provided by the Bank of Spain, the Executive Committee, in accordance with article 23.1. h) the law 13/1994 of 1 June, autonomy of the Bank of Spain, and with the article 66.1. i) of the regulation internal of the Bank of Spain (approved by decision of 28 March 2000 (, deel Consejo de Gobierno deel Banco de España), has agreed to approve the "general clauses applicable to ordinary box service of the Bank of Spain to banknotes and coins in euros" following: "3. the following changes are introduced in clause III, 'Definitions': 3.1 the definition of «ATM» by the of"dealer cash"with the following wording shall be replaced : «"Dealer cash": automatic device which, through the use of a credit card or other means, distributing euro banknotes to the public by making a charge in a bank account, such as an ATM. " Automatic payment terminals that the public can pay for goods or services by credit card, cash or other means of payment have a function of cash withdrawal, so are also distributors of cash (article 2 of the Decision BCE/2010/14).»

3.2 is deleted the definition of «Customer-operated devices».

3.3 is gives the following wording to the definition of «service of box basic»: «"service of box basic": the service of box minimum guaranteed by the Bank of Spain to them entities of credit that it request.» The conditions in which this basic box service will be provided can be found on the website of the Bank of Spain, or at any of its branches."

3.4. the definition of 'Remote branch' removed.

3.5 the following wording is given the definition of "Distribution point": «"Distribution point": any of the branches of the Bank of Spain from which is offered to credit institutions the possibility of surrender and withdraw banknotes or coins, or any of the operating of the system of deposits auxiliary centres from which the Bank of Spain» «, in his case, offered to credit institutions deliver and withdraw banknotes and/or coins.»

4 the following wording is given to paragraphs 1, 2, 3 and 4 of clause IV, 'Ordinary box service of the Bank of Spain': ' 1. for the provision of regular box service by the Bank of Spain detailed in this clause, the entity that you want to join, in addition to be the holder of an account in TARGET2-BE payments module or» , failing that, make requests for income or withdrawals of banknotes or coins through an entity that Yes is this payment module account holder, must send a letter to the Bank of Spain through which expressly adheres to the present general terms, whose content shall conform to the model included as annexed to these clauses.

2. Once received by the Bank of Spain the aforementioned letter, the attached entity may submit to that requests for income or withdrawals of a number of bills or coins, in the manner and time determined by the Bank of Spain. These requests will be identifying detail of the denominations of banknotes or coins that are expected to deliver or receive and the distribution point that you want to perform the operation.

3. the Bank of Spain will accept that the operation of deposit or withdrawal of banknotes or coins is effected by means a carrier of funds (CTF), to which the attached entity authorized explicitly and sufficient, in accordance with the terms established by the Bank of Spain said.

4. the operations of income in the Bank of Spain will be held in timetables established distribution points allowed, and according to the standards of presentation, packaging and information established by the Bank of Spain. When the Bank of Spain which deliver banknotes and/or coins to the institutions, established norms of presentation and packaging shall be respected, also."

5 introduces a new clause V, with the following wording:


«V. service of box border.»

For the purposes provided for in article 4 of the orientation of the European Central Bank of 20 July 2012, relative to the exchange of data for services of box (ECB/2012/16), the entities attached to the present general terms wishing to apply for cross-border operations of income and/or withdrawals of banknotes and/or coins to another national central bank of the Eurosystem (foreign national central bank) used the same communication channel provided for national operations by accepting the application, conditions and technical requirements for the interface of exchange of data for box services (DECS, for its acronym in English). Prior to the beginning of such cross-border activities, the entity shall inform the Bank of Spain of the conditions of the contractual agreement with the foreign national central bank make operations of cash to his country through DECS. Them requests of operations of effective will be managed through DECS, sending is by the Bank of Spain to the Bank central national foreign with which is going to perform the operation, in accordance with it defined in the orientation ECB / 2012 / 16. «He Bank of Spain not will have responsibility some in connection with the content of them messages of operation cross-border, or will be considered part or will respond in mode any of them operations cross-border in effective that them entities attached carry to out with them banks central national foreigners.»

6 becomes clause V, "Procedures governing the placing in circulation, selection and delivery of tickets", as clause VI and is given the following wording: «VI. Procedures governing the placing in circulation, selection and delivery of tickets.

1. the institution adhered only will put into circulation banknotes which have passed the controls of authenticity and been of use defined in clause VII and the acts issued by the effect of the Bank of Spain.

2. the attached entity must satisfy the conditions regarding selection of tickets, in accordance with the procedures and deadlines set out in clause VIII and other acts issued by the Bank of Spain.

3. the attached entity must satisfy the conditions on delivery to the Bank of Spain of banknotes unfit for circular, in accordance with the procedures and time limits in Articles VIII and IX, and other acts issued by the Bank of Spain.

4 attached entity must provide the Bank of Spain immediately information that it requested in relation to the present general terms and other acts of execution of these.

«5. the attached entity should allow the Bank of Spain check information that this request in relation to the present general terms and other acts of execution of these.»

7. is families the clause SAW, «conditions for it put in circulation of tickets», as clause VII and is you gives the following wording: «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 customer-operated cash distributors.

The attached entity will recharge cash distributors operated by the customer, exclusively, with banknotes belonging to the following groups: 1) from the Bank of Spain's new banknotes.

(2) Bills used selected and delivered by the Bank of Spain.

(3) secondhand tickets selected in a center of selection of tickets in accordance with the limitations and conditions for the exercise of the activity fixed by the Bank of Spain.

(4) used banknotes selected in their branches through the use of recycling equipment properly tested by the Bank of Spain or other the Eurosystem NCBS, which mechanically control the authenticity and usage status of banknotes, with the limitations and conditions laid down in clause VIII and acts issued by the Bank of Spain for his execution.

With independence of who recharge them distributors of effective operated by the customer, the entity attached, in his quality of owner of those, is liable of that are padded, exclusively, with tickets belonging to any of the four categories indicated previously.

2. remote branch. As exception to it established in the point above, the recharge of them distributors of effective operated by the customer, located in them branches of entities of credit qualified as «remote», or of them dependent of them may perform is with tickets whose requirements of authenticity and State of use have been contrasted in them special conditions authorized for those. In particular, with bills that have passed control of authenticity with specialized machinery and use status has been checked manually, by personnel of the branch formed to do so, subject to the conditions laid down in the acts issued by the Bank of Spain for the execution of the present general terms. In addition, to have this consideration of remote branch, the branch have to be located in a municipality with a number of inhabitants equal to or less than 5,000 inhabitants, according to the municipal register.

The participating institutions, in close collaboration with the Bank of Spain, will limit the volume of tickets whose fitness to re-circulate to check manually to 5% of the total volume of each denomination banknotes redistributed, at national level, through ATMs and other devices used by the client.

3. continuity of the supply in circumstances exceptional. If ticket supply is significantly compromised by force majeure, adhered entity, to ensure its continuity, and exceptional and temporarily, shall assign the checking of the authenticity and fitness of banknotes to re-circulate through ATMs and other devices operated by customer personnel especially formed for that purpose pursuant to the requirements laid down in the acts issued by the Bank of Spain for the execution of these general provisions.

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

4. direct delivery of tickets to the public by an employee of the entity attached (through window, counter or other system). Notwithstanding that, in any case, be recommended the use of equipment that verify the authenticity of banknotes and have been tested by the Bank of Spain or another Member the Eurosystem NCBS, euro banknotes that adhered entity delivers to the public through their windows or any other non-mechanical means, allowing the direct dealings with customers they may be selected manually by experts at branches of the one, based on the actions dictated by the Bank of Spain to the effect'.

8 becomes the 7TH clause, 'Conditions for the selection of tickets at the branches of credit institutions', as clause VIII and given the following wording: «VIII. Conditions for the selection of tickets at the branches of credit institutions.

1. selection of tickets at branches of credit institutions. The selection of tickets at the branches of the entity attached will be made in accordance with the conditions and limitations set out in the acts issued by the Bank of Spain for the execution of the present general terms, and will have as destination:-the refill of cash distributors operated by the customer in such branches.

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

In the first case, the legitimacy and status of use controls shall be carried out by the types of banknote handling evaluated positively published on the website of the ECB.

In the second case, them controls of legitimacy and of State of use may perform is manually, by employees of the entity attached experts in the knowledge of the ticket, according to is detail in them acts that dictate the Bank of Spain for the execution of the present clauses General.

2. delivery of tickets not eligible to return to the circulation. The adhered entities to be delivered to the Bank of Spain all the banknotes which do not fulfil the conditions of usage status required minimum to return to circulation, in accordance with the benchmarks laid down in the acts issued by the effect the Bank of Spain for the execution of the present general terms and according to the processes and formats of delivery that establishes that.

«He Bank of Spain may refuse a delivery of tickets when represent a risk health for the personal charge of your treatment or when the delivery not is adjustment to them standards of packaging, labeling u others conditions that set the Bank of Spain.»

9. the clause VIII, «conditions for it delivers mandatory of tickets allegedly false to the Bank of Spain», is families as clause IX and is you gives the following drafting: «IX.» Conditions for the delivery compulsory of banknotes and coins allegedly false to the Bank of Spain.


According to the fourth additional provision of law 46/1998, of December 17, on introduction of the euro, the member institutions will retain and suspected counterfeit all banknotes and coins that are detected as a result of the development of its activity, in accordance with the criteria laid down by the Bank of Spain to be delivered to the Bank of Spain and following processes and formats of delivery which set this which can be accessed on the website of the Bank of Spain or any of its dependencies."

10 introduces a new clause X, with the following wording: «X. training of staff.

The attached entity that re-circulate tickets manually for direct delivery to the customer must ensure the training and professional development of employees dedicated to this control, as well as disseminate properly in all their branches acts issued by the Bank of Spain on this matter.

The Bank of Spain will attend received requests relating to training needs of banking personnel of entities placed on aspects related to the knowledge and treatment of tickets."

11 introduces a new clause XI, with the following wording: «XI. Statistical information to be submitted.

«Attached entities be sent periodically to the Bank of Spain information statistical and detail that it requested, in relation to the points mentioned in the clauses VII and VIII.»

12. is introduces a new clause XII, with the following wording: «XII.» Additional information, controls and inspections.

«The Bank of Spain will see that attached entity complies with the terms established for selection and implementation activities in circulation of banknotes in articles VII and VIII. To that end, you can request periodic or timely information deemed accurate and carrying out controls and inspections of the facilities."

13 becomes the Ninth clause, "Breach and effects of this", as clause XIII.

14 becomes the clause X, «Extinction», clause XIV and the wording is given to its subparagraph (b)): 'b) revocation of the permission granted to the entity, in accordance with article 8 of the law 10/2014, June 26, in management, supervision and solvency of credit institutions.'

15 renumeran the XI clauses, «Force majeure»; XII «Applicable law and jurisdiction»; XIII, «domicile», and XIV, «modification and development», as, respectively, clauses XV, XVI, XVII and XVIII.

16 becomes the 15TH clause, 'Compatibility with other activities relating to bills', as clause 19TH and replaced his title by 'Compatibility with other activities relating to banknotes and coins'.

17 is deleted the previous clause XVI, 'Transitional regime'.

18 becomes the 17TH clause, 'Entry into force', as clause XX.

19 the following wording is given at Annex 1: "adherence to the General provisions applicable to ordinary box service of the Bank of Spain to banknotes and coins in euros Madrid,...» NIF ............................... No...., register with address in..., and on their behalf, with DNI..., specially empowered for this Act by power granted before the notary...

Hereby requested membership to the «General provisions applicable to ordinary box service of the Bank of Spain to banknotes and coins in euros» (hereinafter General Clauses), to whose purpose appears: 1 that accepts the content of the General Clauses and acts that the Bank of Spain issued for its implementation, as well as those provisions that, in future, to replace modify, or supplement, in everything or partly the above-mentioned General provisions and acts dictated for his execution.

2nd designating the persons authorized to operate in connection with the planned regular box service in these general clauses which are indicated in the written Annex to the present document.

By the attached institution,' second.

The modifications contained in the point first previous is apply since its publication in the «Bulletin official of the State».

Third party.

Approves as this resolution annex a consolidated text of the «General provisions applicable to ordinary box service of the Bank of Spain to banknotes and coins in euros», adopted by resolution of the Executive Committee of 27 October 2006, with the amendments made to them by the present resolution.

Madrid, May 22, 2015.-the Secretary General of the Bank of Spain, Francisco Javier Priego Pérez.

ANNEX General provisions applicable to ordinary box service of the Bank of Spain to banknotes and coins in euros (Consolidated Version) introduction.

I. general legal regime.

II. scope of application.

III. definitions.

IV. regular box service of the Bank of Spain.

V. cross-border box service.

VI. procedures governing the placing in circulation, selection and delivery of tickets.

VII. conditions for the putting into circulation of banknotes.

VIII. conditions for the selection of tickets at the branches of credit institutions.

IX. conditions for compulsory delivery of banknotes and coins suspected counterfeit bank of Spain.

X training of staff.

XI. statistical information to send.

XII. additional information, controls and inspections.

XIII. non-compliance and effects arising from this.

XIV. termination.

XV. force majeure.

XVI. applicable law and jurisdiction.

XVII. domicile.

XVIII. modification and development.

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

XX. entry into force.

Annex 1 accession to the General provisions applicable to ordinary box service of the Bank of Spain to banknotes and coins in euros.

Introduction.

I paragraph 1 of article 128 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) entrusted to the ECB and the national central banks (NCBS) the legal mandate to issue euro banknotes. Similarly, paragraph 2 of article 128 of the Treaty on the functioning of the European Union establishes that Member States may issue coins, which will require the approval of the ECB in terms of the volume of issuance.

This mandate for the issuance of banknotes and coins in euros involves care for the authenticity and the conservation status of banknotes and coins in circulation, supporting the trust citizens place on them.

II. in addition, article 6 of Regulation (EC) No. 1338 / 2001 of the Council of 28 June 2001, whereby it defined the measures necessary for the protection of the euro against counterfeiting, obliges credit institutions and other entities involved professionally in the selection and distribution of banknotes and coins to the public to ensure the authenticity of banknotes and coins in euros they have received and which is scheduled to return putting into circulation, as well as to ensure the detection of forgeries. In addition, forced to withdraw from circulation all banknotes and coins in euros that receive whose falsity record them, or they can be founded, and to hand them over without delay to the competent authority. This rule was incorporated into Spanish law by the fourth additional provision of law 46/1998, of December 17, on introduction of the euro.

III. to ensure the integrity of the banknotes, the ECB Governing Council adopted, on 16 September 2010, the Decision ECB/2010/14, on the checking of the authenticity and fitness of banknotes in euros and recirculation, which entered into force on January 1, 2011.

The Decision ECB/2010/14 establishes the procedures referred to in paragraph 1 of article 6 of Regulation (EC) No. 1338 / 2001, which the entities that handle cash must comply when they check the authenticity and fitness of banknotes in euros.

The Decision ECB/2010/14 ensures that credit institutions and entities that handle cash only recirculating banknotes in euros if it has proven its authenticity and fitness.

The IV. Article 7.5. c) Law 13/1994 of 1 June, autonomy of the Bank of Spain, gives competence to the Bank of Spain to put into circulation the coins and carry out, on behalf of the State, the other functions entrusted to it.

For his part, articles 6 and 8 of the law 10/1975 of 12 March, regulation of the coins, establish, respectively, that the coins minted by the State shall be returned to the Bank of Spain, as a deposit to its withdrawal, for putting them into circulation, being also the competent to withdraw from circulation coins which come in their boxes and suffer from any defect or excessively worn or incomplete.


V. The fourth additional provision of law 46/1998, of December 17, introduction of the euro, establishes that the Bank of Spain may dictate the precise rules for the application of the first paragraph of article 6 of Regulation (EC) No. 1338 / 2001 of 28 June 2001 Council. On the other hand, the article 15 of the law 13 / 1994, of 1 of June, of autonomy of the Bank of Spain, establishes that, to promote the authenticity and quality of them tickets in euros in circulation, the Bank of Spain may establish criteria and procedures of performance in relation to its put in circulation, withdrawal, Exchange, custody and recirculation , and ensure their compliance.

VI. in the provision of service income of banknotes and coins to the wholesale credit, as well as redemption and withdrawal of those entities (service box), the Bank of Spain should ensure to ensure the optimal quality of notes and coins in circulation. It is, therefore, of a service of general interest, which must be provided in conditions that guarantee the quality of banknotes and coins circulating.

VII. in accordance with the foregoing, and in order to establish the general framework which shall be subject to the ordinary box service provided by the Bank of Spain, the Executive Committee, in accordance with article 23.1. h) the law 13/1994 of 1 June, autonomy of the Bank of Spain, and with the article 66.1. i) of the regulation internal of the Bank of Spain (approved by decision of 28 March 2000 (, of the Government Council of the Bank of Spain), has agreed to approve the «general clauses applicable to ordinary box service of the Bank of Spain to banknotes and coins in euros» following: I. regime legal general the ordinary box service that the Bank of Spain to credit institutions shall be governed by the provisions of the present general terms and :-The acts issued by the Bank of Spain for his execution.

-Provisions in contracts that, where appropriate, be concluded between the Bank of Spain and authorities, which conform to the models that the Bank of Spain has approved for the purpose.

II. scope of the Bank of Spain will provide the regular box service described in clause IV to credit institutions to adhere to the present general terms and who request it in the terms provided for in the above-mentioned clause IV.

III. definitions in the present general terms are used the terms indicated, with meaning that is then assigned to each of them: «Cash dealer»: automatic device which, through the use of a credit card or other means, distributing euro banknotes to the public by making a charge in a bank account, such as an ATM. Automatic payment terminals that the public can pay for goods or services by credit card, cash or other means of payment have a function of cash withdrawal, so distributors of cash (article 2 of Decision ECB/2010/14) are also considered.

«Selection Centre»: installation of a credit institution, or other entity involved professionally in the management and distribution of tickets, whenever that is included in the list drawn up by the Bank of Spain and posted this on his website.

«Attached institution»: the credit institution that sign the adhesion to the present general terms.

«Selection of tickets»: set of operations aimed to evaluate the authenticity and quality of euro banknotes from circulation, before his return to the public, separating the allegedly false and which do not fulfil the conditions of usage status minimum to return to circulation, in order to ensure that all tickets delivered to the public are authentic and show levels of quality , in their State of use, consistent with the criteria laid down by the Bank of Spain in accordance with the common rules laid down for the Eurosystem.

«Basic box service»: the minimum box service guaranteed by the Bank of Spain credit institutions requesting it. The conditions in which this basic box service will be provided can be found on the website of the Bank of Spain, or at any of its branches.

"Point of distribution": any of the branches of the Bank of Spain from which is offered to credit institutions the possibility of surrender and withdraw banknotes or coins, or any of the operations centres of the system of deposits auxiliaries from which offer to credit institutions the Bank of Spain, in his case, the possibility of surrender and withdraw banknotes and/or coins.

IV. regular box service of the Bank of Spain 1. To the ordinary box service by the Bank of Spain detailed in this clause, the entity that you want to join, besides being holder of a account in TARGET2-BE payments module or, failing that, make requests for income or withdrawals of banknotes or coins through an entity that be holder of the account in the payment module You should send a letter to the Bank of Spain through which expressly adheres to the present general terms, whose content shall conform to the model included as annex to these clauses.

2. Once received by the Bank of Spain the aforementioned letter, the attached entity may submit to that requests for income or withdrawals of a number of bills or coins, in the manner and time determined by the Bank of Spain. These requests will be identifying detail of the denominations of banknotes or coins that are expected to deliver or receive and the distribution point that you want to perform the operation.

3. the Bank of Spain will accept that the operation of deposit or withdrawal of banknotes or coins is effected by means a carrier of funds (CTF), to which the attached entity authorized explicitly and sufficient, in accordance with the terms established by the Bank of Spain said.

4. the operations of income in the Bank of Spain will be held in timetables established distribution points allowed, and according to the standards of presentation, packaging and information established by the Bank of Spain. When the Bank of Spain which deliver banknotes and/or coins to institutions, presentation and packaging standards are respected, also.

5. the conditions in which ordinary box service, its formalization will be provided and the procedures to be followed shall be that established the Bank of Spain in the present general terms and acts issued by the effect.

6. the operations of entrance and reception are formalized according to the technical procedures established by the Bank of Spain.

V. service of A cross-border box the effects provided for in article 4 of the orientation of the Bank Central European of July 20, 2012, relative to the exchange of data for services of box (ECB/2012/16), the entities attached to the present general terms wishing to apply for cross-border income and/or withdrawn banknotes and/or coins to be in another central bank of the Eurosystem (foreign national central bank) used the same communication channel intended for national operations, accepting the application, conditions and technical requirements of the interface for the exchange of data for box services (DECS, for its acronym in English). Prior to the beginning of such cross-border activities, the entity shall inform the Bank of Spain of the conditions of the contractual agreement with the foreign national central bank make operations of cash to his country through DECS. Requests for cash operations will be managed through DECS, referring by the Bank of Spain to the foreign national central bank that is to be performed the operation, in accordance with defined in the ECB/2012/16 orientation. The Bank of Spain will not have any responsibility regarding the content of the cross-border operation messages, shall be considered part nor be liable in any way for cross-border transactions in cash the adhered entities carried out with foreign national central banks.

VI. procedures applicable to the put in circulation, selection and delivery of banknotes 1. The entity attached only can put in circulation banknotes that have last them controls of authenticity and State of use defined in the clause VII and in them acts that dictate to the effect the Bank of Spain.

2 it entity attached must meet them conditions on selection of tickets, in accordance with the procedures and deadlines established in the clause VIII and others acts that dictate the Bank of Spain.

3. the entity attached must meet the conditions on delivery to the Bank of Spain of tickets not suitable for circular, in accordance with them procedures and deadlines established in them clauses VIII and IX, and others acts that dictate the Bank of Spain.

4. the entity attached must facilitate to the Bank of Spain immediately the information that this you request in relation to the present clauses General and others acts of execution of these.

5. the attached entity should allow the Bank of Spain check information that this request in relation to the present general terms 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 customer-operated cash distributors.

(The entity attached will recharge them distributors of effective operated by the customer, exclusively, with tickets belonging to the following groups: 1) tickets new from of the Bank of Spain.

(2) used banknotes selected and delivered by the Bank of Spain.

(3) secondhand tickets selected in a center of selection of tickets in accordance with the limitations and conditions for the exercise of the activity fixed by the Bank of Spain.

(4) used banknotes selected in their branches through the use of recycling equipment properly tested by the Bank of Spain or other the Eurosystem NCBS, which mechanically control the authenticity and usage status of banknotes, with the limitations and conditions laid down in clause VIII and acts issued by the Bank of Spain for his execution.

With independence of who recharge them distributors of effective operated by the customer, the entity attached, in his quality of owner of those, is liable of that are padded, exclusively, with tickets belonging to any of the four categories indicated previously.

2. remote branch. As exception to it established in the point above, the recharge of them distributors of effective operated by the customer, located in them branches of entities of credit qualified as «remote», or of them dependent of them may perform is with tickets whose requirements of authenticity and State of use have been contrasted in them special conditions authorized for those. In particular, with bills that have passed control of authenticity with specialized machinery and use status has been checked manually, by personnel of the branch formed to do so, subject to the conditions laid down in the acts issued by the Bank of Spain for the execution of the present general terms. In addition, to have this consideration of remote branch, the branch have to be located in a municipality with a number of inhabitants equal to or less than 5,000 inhabitants, according to the municipal register.

The participating institutions, in close collaboration with the Bank of Spain, will limit the volume of tickets whose fitness to re-circulate to check manually to 5% of the total volume of each denomination banknotes redistributed, at national level, through ATMs and other devices used by the client.

3. continuity of the supply in circumstances exceptional. If the supply of tickets is viera significantly committed by causes of force greater, the entity attached, to ensure its continuity, and of form exceptional and temporary, may assign the checking of authenticity and fitness of them tickets for return to circular through ATMs automatic and others devices operated by the customer to personal especially formed for this purpose pursuant to the requirements laid down in the acts issued by the Bank of Spain for the execution of these general provisions.

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

4. direct delivery of tickets to the public by an employee of the entity attached (through window, counter or other system). Notwithstanding that, in any case, be recommended the use of equipment that verify the authenticity of banknotes and have been tested by the Bank of Spain or another Member the Eurosystem NCBS, euro banknotes that adhered entity delivers to the public through their windows or any other non-mechanical means, allowing the direct dealings with customers they may be selected manually by experts at branches, based on acts dictated to the effect by the Bank of Spain.

VIII. conditions for the selection of tickets in the branches of the entities of credit 1. Selection of tickets in branches of institutions of credit. The selection of tickets in them branches of the entity attached is held in accordance with them conditions and limitations established in them acts that dictate the Bank of Spain for the execution of them present clauses General, and will have as destination:-it recharge of distributors of effective operated by the customer located in these branches.

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

In the first case, the legitimacy and status of use controls shall be carried out by the types of banknote handling evaluated positively published on the website of the ECB.

In the second case, the legitimacy and status of use controls can be made manually, by employees of the entity attached expert knowledge of the ticket, according to detail in acts that it is handed down the Bank of Spain for the execution of the present general terms.

2. delivery of tickets not eligible to return to the circulation. The adhered entities to be delivered to the Bank of Spain all the banknotes which do not fulfil the conditions of usage status required minimum to return to circulation, in accordance with the benchmarks laid down in the acts issued by the effect the Bank of Spain for the execution of the present general terms and according to the processes and formats of delivery that establishes that.

The Bank of Spain may refuse delivery of tickets when it represents a health risk for the staff responsible for their treatment or when delivery does not conform to the standards of packaging, labelling or other conditions established by the Bank of Spain.

IX. conditions for the delivery compulsory of tickets and coins allegedly false to the Bank of Spain in accordance with the available additional fourth of the law 46 / 1998, of 17 of December, on introduction of the euro, them entities attached will retain and delivered to the Bank of Spain all them tickets and coins allegedly false that detected as consequence of the development of its activity , in accordance with the criteria laid down by the Bank of Spain and following processes and formats of delivery stating this, which may be consulted on the website of the Bank of Spain or any of its dependencies.

X. training of staff adhered entity that re-circulate tickets manually for direct delivery to the customer must ensure training and professional development of employees dedicated to this control, as well as disseminate properly in all their branches acts issued by the Bank of Spain on this matter.

The Bank of Spain will attend the received requests concerning the training needs of the Bank staff of the entities placed on aspects related to the knowledge and treatment of banknotes.

XI. statistical information to refer the member institutions shall send to the Bank of Spain periodically information statistical and detail that it requested, in relation to the points mentioned in articles VII and VIII.

XII. additional information, controls and inspections the Bank of Spain will see that attached entity complies with the terms established for selection and implementation activities in circulation of banknotes in articles VII and VIII. To that end, you can request periodic or timely information deemed accurate and carrying out controls and inspections of the facilities.

XIII. non-compliance and effects of this 1. When the attached entity fails to comply with or defectively fulfills its obligations derived from the present general terms, the Bank of Spain may determine that ordinary box service providing such an entity meets the terms of the basic box service. To this end, the Bank of Spain shall refer to attached entity a communication in writing where will mark you the beginning of the provision of the basic box service pursuant to the terms and conditions, as well as the term of the benefit, which shall not be less than one week of not more than one year. After the mentioned deadline, the provision of the service box by the Bank of Spain to the attached entity snaps back to the provisions in clause IV (ordinary box service).

2. without prejudice to the provisions in number 1 above, the Bank of Spain may send all sorts of communications, the attached entity making recommendations or injunctions on the fulfilment of the obligations arising from the present general terms.

XIV. extinction the Bank of Spain may, by sending the corresponding communication in writing, be extinguished the ordinary box service to the entity in the following cases: to) admission of the request of creditors of the entity or adoption of the order of Declaration of him pursuant to articles 14 and 15 respectively, of law 22/2003, of July 9, bankruptcy.

(b) revocation of the permission granted to the entity, in accordance with article 8 of the law 10/2014, June 26, in management, supervision and solvency of credit institutions.


(c) adoption, in accordance with the legislation of another State, a measure of universal nature directed at the sanitation or liquidation of the entity, or revocation or suspension of the authorization that has granted that for the realization of its activity.

XV. force increased the Bank of Spain assumes no responsibility for damages that entities which adhere to these general clauses might suffer as result of facts or constituent events of force majeure, including strikes (whether the headcount or not), wars, lock-outs, social revolt, fire, flood, shortage of fuel, electricity, failure of transportation, disaster affecting the availability of resources , acts or decisions of authorities public or any other cause, independent of the will of the Bank of Spain.

XVI. applicable law and jurisdiction the law applicable to the present general terms is the Spanish.

For many actions and claims arising from such general provisions, shall be the courts and tribunals of Madrid (capital), giving both the Bank of Spain and the institution adhered to any other jurisdiction that could correspond to them.

XVII. domicile to all effects of notices and requirements, shall be considered as domicile of the entity that appears in the official records that keeps the Bank of Spain in relation to that.

XVIII. modification and development the present general terms may be modified at any time by the Executive Committee of the Bank of Spain and the agreed modification shall apply from the moment of its publication in the Official Gazette, notwithstanding that, in addition, the Bank of Spain may notify attached entities such modification. Entities may not plead ignorance of the present general terms, or its amendments once they had been made public by the Bank of Spain.

The Bank of Spain may issue the acts necessary for the compliance with the present general terms.

19TH. compatibility with other activities relating to tickets and coins them present clauses General not contravene them contracts in force that could have signed the Bank of Spain with third, in particular with them entities participating in the system of deposits auxiliary, while its accession to them clauses General and its rear compliance is converted in requirements indispensable for to continue operating through the mentioned system.

XX. entry into force the present general terms shall enter into force on 1 January 2007.

AGED 1 accession to the clauses General applicable to the service of box ordinary of the Bank of Spain for the tickets and coins in euros Madrid,... NIF .................................. No...., register with address in..., and on their behalf, with DNI..., specially empowered for this Act by power granted before the notary...

Hereby requested membership to the «General provisions applicable to ordinary box service of the Bank of Spain to banknotes and coins in euros» (hereinafter General Clauses), to whose purpose appears: 1 that accepts the content of the General Clauses and acts that the Bank of Spain issued for its implementation, as well as those provisions that, in future, to replace modify, or supplement, in everything or partly the above-mentioned General provisions and acts dictated for his execution.

2nd that appoints to them people authorized to operate in relation to the service of box ordinary planned in these clauses General that is indicated in the written Annex to the present document.

The attached institution