Request for Clarification on the Interpretation of Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting, and Decision of the European Central Bank of 16 September 2010 on the authenticity and fitness checking and recirculation of euro banknotes (ECB/2010/14) (2010/597/EU)

we request clarification regarding the interpretation and applicability of Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting. 1. Application of Article 6(1) of Council Regulation (EC) No 1338/2001 «Article 6(1) — Obligations of institutions involved in the processing and delivery of banknotes and coins to the public 1. Credit institutions and other payment service providers when making payments, as well as entrepreneurs involved in the processing and delivery of banknotes and coins to the public, including: — institutions whose activities involve the exchange of banknotes and coins of different currencies, such as money exchange offices, — cash carriers, — other operators, such as merchants and casinos, should also be required to check this when, among other things, they process banknotes and deliver them to the public using automated teller machines (ATMs) (banknote dispensing machines), but this obligation would only apply to such additional activities, are obliged to ensure the authenticity of euro banknotes and coins that they have received and intend to re-circulate, and to detect counterfeit banknotes and coins» The term “received banknotes” is not explicitly defined in either Regulation 1338/2001, its amendments, or ECB Decision 2010/14. In view of the above, we kindly request clarification on the following points: Can such a banknote be considered as “received” within the meaning of Article 6(1) of Council Regulation (EC) No 1338/2001?  Can a banknote rejected by the device be considered as “received”? Which specific European Union legislative act provides a legal definition or authoritative interpretation of the term “received banknotes”, as used in the context of the handling, processing, and authenticity verification of euro banknotes under the EU legal framework?

The matter concerns a currency exchange device equipped with a banknote acceptor module that has been officially tested and included in the ECB’s list of successfully tested banknote authentication devices, available at  https://www.ecb.europa.eu/paym/cashprof/cashhand/devices/html/results.en.html . The latest ECB certification date is 4 March 2025. Moreover, the device is not a device that performs recirculation functions.