Counterfeiting Act 2021

PART 3

Obligations of Relevant Persons in Respect of Ensuring Authenticity and Fitness of Euro Banknotes and Coins

Definitions (Part 3)

12. (1) In this Part—

“Central Bank” means the Central Bank of Ireland;

“credit institution” means a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No. 648/2012;

“Euro Banknote Decision” means Decision ECB/2010/14 of the European Central Bank of 16 September 2010 on the authenticity and fitness checking and recirculation of euro banknotes, as amended by Decision ECB/2012/19 of 7 September 2012 and by Decision ECB/2019/2195 of 5 December 2019;

“Euro Coin Regulation” means Regulation (EU) No. 1210/2010 of the European Parliament and of the Council of 15 December 2010 concerning authentication of euro coins and handling of euro coins unfit for circulation;

“Euro Counterfeiting Regulation” means Regulation (EC) No. 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting, as amended by Council Regulation (EC) No. 44/2009 of 18 December 2008;

“payment service provider” means a person referred to in Regulation 6(1) of the European Union (Payment Services) Regulations 2018 ( S.I. No. 6 of 2018 );

“relevant person” means—

(a) a credit institution,

(b) within the limits of its payment activity, a payment service provider,

(c) An Post, and

(d) any other person engaged in the processing and distribution to the public of notes or coins, or both, including—

(i) a person whose activity consists of exchanging notes and coins of different currencies, including a person or body authorised under the Central Bank Act 1997 to carry on bureau de change business,

(ii) a transporter of funds, and

(iii) a person who is engaged on a secondary basis in the processing and distribution to the public of notes via automated teller machines (ATMs), within the limit of that secondary basis.

(2) A word or expression used in this Part that is also used in the Euro Banknote Decision, the Euro Coin Regulation or the Euro Counterfeiting Regulation has, unless the contrary intention appears, the same meaning in this Part as it has in the Euro Banknote Decision, the Euro Coin Regulation or the Euro Counterfeiting Regulation as the case may be.