Explanatory note

These Regulations make provision relating to the enforcement of Council Regulation (EC) No. 1338/2001, as amended by Council Regulation (EC) No. 44/2009.

These Regulations amend the Protection of the Euro against Counterfeiting Regulations 2001 (“the 2001 Regulations”), so that it is a criminal offence for banks and certain other financial institutions to fail to comply with the requirement in Article 6(1) of Council Regulation (EC) No. 1338/2001, as amended, to ensure that euro notes and coins are checked for authenticity.

The Regulations also amend the category of persons who commit an offence under the 2001 Regulations if they fail to comply with the other requirements of Council Regulation (EC) No. 1338/2001, reflecting amendments made to that Regulation by Council Regulation (EC) No. 44/2009.

The Regulations set out the maximum penalties which can be imposed on persons convicted of those offences.

Regulation 3 requires the Treasury to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Treasury to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

An Impact Assessment of the effect that these Regulations will have on the costs of business and the voluntary sector is available on the Treasury’s website (hm-treasury.gov.uk) and is published with the Explanatory Memorandum alongside these Regulations on the legislation.gov.uk website.