Regulation (EU) No 1214/2011 of the European Parliament and of the CouncilDangos y teitl llawn

SECTION 1 U.K. COMMON RULES GOVERNING ALL CROSS-BORDER TRANSPORT OF EURO CASH BY ROAD

Article 1 U.K. Definitions

For the purpose of this Regulation, the following definitions shall apply:

(a)

‘participating Member States’ means those Member States whose currency is the euro;

(b)

‘cross-border transport of euro cash by road’ means the professional transport, either for remuneration on behalf of third parties or carried out within a cash-in-transit (hereinafter ‘CIT’) company, by a CIT vehicle by road of euro banknotes or coins from a participating Member State, for supplying euro banknotes or coins to, or collecting them from, one or more locations in one or more other participating Member States, and in the Member State of origin – without prejudice to the transport of a maximum of 20 % of non-euro cash in relation to the total value of cash transported in the same CIT vehicle – where the majority of euro cash deliveries/pick-ups made by a CIT vehicle during the same day is carried out on the territory of the host Member State, or, in the case of point-to-point transport, where the transport takes place between two different participating Member States;

(c)

‘cross-border CIT licence’ means a licence delivered by the granting authority of the Member State of origin which authorises the holder to carry out the cross-border transport of euro cash by road between participating Member States in accordance with the conditions laid down in this Regulation;

(d)

‘granting authority’ means the authority in the Member State of origin in charge of issuing the cross-border CIT licence;

(e)

‘Member State of origin’ means the participating Member State in whose territory the CIT company is established. The CIT company is considered to be established if it is actually pursuing an economic activity, in accordance with Article 49 TFEU, for an indefinite period, through a stable infrastructure from where the business of providing services is actually carried out;

(f)

‘host Member State’ means one or more participating Member States in which a CIT company provides the service of delivering/picking up euro cash other than its Member State of origin;

(g)

‘Member State of transit’ means one or more participating Member States other than the Member State of origin which the CIT vehicle crosses in order either to reach the host Member State or to return to the Member State of origin;

(h)

‘daytime’, when referring to transport, means transport carried out between 06.00 and 22.00;

(i)

‘CIT security staff’ means the employees instructed to drive the CIT vehicle in which the euro cash is being carried or to protect its contents;

(j)

‘CIT vehicle’ means a vehicle used for the professional transport of euro cash by road;

(k)

‘vehicle of ordinary appearance’ means a CIT vehicle which has a normal appearance and does not bear any distinctive signs indicating that it belongs to a CIT company or that it is used for the purposes of transporting euro cash;

(l)

‘point-to-point transport’ means transport from one secure location to another, without any intermediate stops;

(m)

‘secured area’ means a delivery/pick-up point for euro cash located within a building and secured against unauthorised access in terms of equipment (anti-intrusion systems) and access procedures for persons;

(n)

‘secure location’ means a location within a secured area, which is accessible to CIT vehicles and in which CIT vehicles can be loaded and unloaded in a secure manner;

(o)

to ‘neutralise’ a banknote means to mutilate or damage it by staining or by other means as specified in Annex II;

(p)

‘intelligent banknote neutralisation system’ or ‘IBNS’ means a system that meets the following conditions:

(i)

the banknote container continuously protects the banknotes by means of a euro cash neutralisation system, from a secured area to the euro cash delivery point or from the euro cash pick-up point to a secured area;

(ii)

the CIT security staff is not able to open the container outside the pre-programmed time periods and/or locations or to change the pre-programmed time periods and/or locations where the container can be opened once the euro cash transport operation has been initiated;

(iii)

the container is equipped with a mechanism for permanently neutralising the banknotes if any unauthorised attempt is made to open the container; and

(iv)

the requirements laid down in Annex II are complied with;

(q)

‘end-to-end IBNS’ means IBNS that is equipped for end-to-end use, namely the banknotes remain inaccessible to CIT security staff at all times and are under continuous protection by the IBNS from secured area to secured area or, for cassettes for Automated Teller Machines (ATMs) or other types of cash dispensers, from a secured area to the interior of the ATMs or the other types of cash dispensers;

(r)

‘A1’ and ‘B1’, when referring to the level of language skills, mean the levels established by the Council of Europe’s Common European Framework of Reference for Languages, as referred to in Annex VII;

(s)

‘EU official languages’ means the languages referred to in Article 1 of Regulation No 1 determining the languages to be used by the European Economic Community(1).

Article 2 U.K. Exclusions

1. The transport of euro banknotes and coins shall be excluded from the scope of this Regulation where it is:

(a) carried out on the account of, and between, NCBs, or between banknote printing works and/or mints of participating Member States and the relevant NCBs; and

(b) escorted by the military or the police.

2. The exclusive transport of euro coins shall be excluded from the scope of this Regulation where it is:

(a) carried out on the account of, and between, NCBs, or between mints of participating Member States and the relevant NCBs; and

(b) escorted by the military or the police or by private security staff in separate vehicles.

Article 3 U.K. Place of departure, maximum duration and number of euro cash deliveries/pick-ups

1. Cross-border transport of euro cash provided in accordance with this Regulation shall be carried out during the daytime.

2. A CIT vehicle carrying out cross-border transport of euro cash shall start its journey from its Member State of origin and shall return to it on the same day.

3. By derogation from paragraphs 1 and 2, point-to-point transport may be carried out within a time-slot of 24 hours, provided that night-time transport of euro cash is allowed under national rules of the Member State of origin, of the Member State of transit and of the host Member State.

4. By way of derogation from Regulation (EC) No 1072/2009, there shall be no limit to the number of euro cash deliveries/pick-ups that a CIT vehicle may carry out in a host Member State during the same day.

Article 4 U.K. Cross-border CIT licence

1. A company wishing to undertake cross-border transport of euro cash by road shall apply for a cross-border CIT licence from the granting authority in its Member State of origin.

2. The cross-border CIT licence shall be granted for a period of 5 years by the national granting authority, provided that the applicant company meets the following conditions:

(a) it is approved to carry out CIT transport within its Member State of origin or, if the Member State has no specific approval procedure for CIT companies in addition to its general rules for the security or transport sector, it is able to provide evidence that it has had regular business transporting cash for at least 24 months within its Member State of origin prior to the application with no infringements of that Member State’s national law governing such activities;

(b) its managers and the members of its board do not have a relevant entry in a criminal record and are of good repute and integrity, according to, for instance, relevant police records;

(c) it has a valid civil liability insurance to cover at least third-party damage to life and property, regardless of whether the cash transported is insured thereunder;

(d) the applicant company, its CIT security staff, vehicles and security procedures employed in or applied for the purposes of cross-border transport of euro cash comply with this Regulation or, where expressly referred to in this Regulation, with national law specifically relating to the transport of cash.

3. The cross-border CIT licence shall be drawn up in accordance with the model and the physical characteristics defined in Annex I. CIT security staff in CIT vehicles engaged in the professional cross-border transport of euro cash by road shall, at all times, be able to show the inspection authorities the original or a certified copy of a valid cross-border CIT licence.

4. The cross-border CIT licence shall allow the company to carry out cross-border transport of euro cash under the terms of this Regulation. By way of derogation from Regulation (EC) No 1072/2009, the holder of such a licence shall not be required to possess a Community licence for the international carriage of goods by road.

Article 5 U.K. CIT security staff

1. All members of the CIT security staff shall satisfy the following requirements:

(a) they do not have a relevant entry in a criminal record and are of good repute and integrity according to, for instance, relevant police records;

(b) they have a medical certificate certifying that their physical and mental health is adequate for the task to be performed;

(c) they have successfully followed at least 200 hours of ad hoc initial training, not including any training on the use of firearms.

The minimum requirements for the ad hoc initial training referred to in point (c) are set out in Annex VI. CIT security staff shall follow further training activities in the areas set out in point 3 of Annex VI, at least every 3 years.

2. At least one member of the CIT security staff in the CIT vehicle shall have at least A1-level language skills in the languages used by the local authorities and the population in the relevant areas of the Member State of transit and of the host Member State. The CIT vehicle shall, furthermore, be in constant radio contact, via the CIT company’s control centre, with someone who has at least B1-level language skills in the languages used by the local authorities and the population in the relevant areas of the Member State of transit and of the host Member State, so as to ensure that effective communication with the national authorities is possible at all times.

Article 6 U.K. Carrying of weapons

1. CIT security staff shall comply with the law of the Member State of origin, of the Member State of transit and of the host Member State as regards the carrying of weapons and the maximum permitted calibre.

2. When entering the territory of a Member State the law of which does not allow CIT security staff to be armed, any weapons in the possession of the CIT security staff shall be placed in an on-board weapons strong-box which meets the European standard EN 1143-1. Such weapons shall remain inaccessible to the CIT security staff throughout the journey across that Member State’s territory. They may be removed from the weapons strong-box when entering the territory of a Member State whose law allows CIT security staff to be armed and shall be removed from it when entering the territory of a Member State whose law requires CIT security staff to be armed. Opening the weapons strong-box shall require remote intervention by the CIT vehicle’s control centre and shall be conditional upon verification by the control centre of the vehicle’s exact geographical location.

The requirements set out in the first subparagraph shall also apply if the type or the calibre of the weapon is not allowed under the law of the Member State of transit or of the host Member State.

3. Where a CIT vehicle whose Member State of origin does not allow CIT security staff to carry arms, enters the territory of a Member State whose law requires CIT security staff to carry arms, the CIT company shall ensure that the CIT security staff on board is provided with the required weapons and that they fulfil the minimum training requirements of the host Member State.

4. CIT security staff who are armed or who travel in a CIT vehicle with arms on board shall have a professional weapons licence or authorisation issued by the national authorities of the Member State of transit and/or the host Member State, where those Member States allow CIT security staff to be armed, and fulfil all the national requirements for that professional weapons licence or authorisation. For that purpose, Member States may recognise the professional weapons licence or authorisation of the other Member State.

5. Member States shall establish a single central national contact point to which CIT companies established in other Member States may submit applications for a professional weapons licence or authorisation for their CIT security staff. Federal Member States may establish contact points at State level. Member States shall inform the applicant of the outcome of the application within 3 months from the submission of a complete application file.

6. In order to make it easier for CIT security staff who are employed by a company established in another Member State to fulfil the national requirements for obtaining a professional weapons licence or authorisation, Member States shall provide for validation of equivalent professional weapons training followed in the Member State where the applicant’s employer is established. If this is not possible, Member States shall ensure that the necessary professional weapons training is provided on their own territory in an EU official language which is an official language of the Member State where the applicant’s employer is established.

Article 7 U.K. CIT vehicle equipment

1. CIT vehicles shall be equipped with a global navigation system. The CIT company’s control centre shall be able continuously and accurately to locate its vehicles.

2. CIT vehicles shall be equipped with appropriate communication tools to allow contact to be made at any time with the control centre of the CIT company operating the vehicles and with the competent national authorities. The emergency numbers to contact the police authorities in the Member State of transit or in the host Member State shall be available in the vehicles.

3. CIT vehicles shall be equipped in a manner that allows the registration of the time and location of all euro cash deliveries/pick-ups in order to make it possible for the proportion of euro cash deliveries/pick-ups referred to in Article 1(b) to be checked at any time.

4. Where CIT vehicles are equipped with IBNS, the IBNS used shall comply with Annex II and shall have been homologated in a participating Member State. In reply to a request for verification made by the authorities of the Member State of origin, the host Member State or the Member State of transit, undertakings carrying out cross-border transport of euro cash in CIT vehicles using IBNS shall supply written evidence of approval of the IBNS model used within 48 hours.

Article 8 U.K. Role of the national police forces

This Regulation is without prejudice to the application of national rules that require:

(a)

cash-transport operations to be notified to the police in advance;

(b)

CIT vehicles to be equipped with a device that allows them to be tracked at a remote distance by the police;

(c)

high-value point-to-point transport to be escorted by the police.

Article 9 U.K. Rules to ensure the security of the cash delivery/pick-up locations in the host Member State

This Regulation is without prejudice to the application of national rules governing the behaviour of CIT security staff outside a CIT vehicle and the security of the locations where cash is delivered/picked up in the Member State concerned.

Article 10 U.K. Removal of neutralised banknotes from circulation

CIT companies operating under this Regulation shall remove from circulation all banknotes that may have been neutralised that they encounter while carrying out their activities. They shall hand over those banknotes to the appropriate NCB branch of their Member State of origin and provide a written statement on the cause and nature of the neutralisation. If those banknotes are collected in a host Member State, the NCB of the host Member State shall be informed by the NCB of the Member State of origin.

Article 11 U.K. Mutual information

1. Member States shall submit to the Commission the rules referred to in Articles 8 and 9 as well as information on which IBNS have been homologated by them and shall immediately inform the Commission of any change affecting those rules and homologations. The Commission shall ensure that those rules as well as a list of homologated IBNS are published in all the EU official languages which are the official languages of the relevant participating Member States through the appropriate channels, with a view to informing swiftly all the actors involved in a CIT cross-border activity.

2. Member States shall keep a register of all the companies to which they have delivered a cross-border CIT licence and shall inform the Commission about its content. They shall update the register, including in relation to any decision to suspend or withdraw a licence pursuant to Article 22 and shall immediately inform the Commission of such update. To facilitate information-sharing, the Commission shall set up a central secured database containing data on licences issued, suspended or withdrawn, which shall be accessible to the relevant authorities of the participating Member States.

3. In implementing Article 5(1)(a), the Member State of origin shall take due account of information concerning the criminal record, repute and integrity of CIT security staff that is communicated to it by the host Member State.

4. Member States shall inform the Commission about their specific training requirements for CIT security staff for the purpose of the ad-hoc initial training referred to in Article 5(1)(c). The Commission shall ensure that that information is published in all the EU official languages which are the official languages of the relevant participating Member States through the appropriate channels, with a view to informing all the actors involved in a CIT cross-border activity.

5. Member States shall inform the Commission of the addresses and other contact details of the national contact points referred to in Article 6(5) and of relevant national law. The Commission shall ensure that this information is published through the appropriate channels, with a view to informing all the actors involved in a CIT cross-border activity.

6. Where a Member State withdraws the professional weapons licence or authorisation that it has delivered to a member of the CIT security staff of a company established in another Member State, it shall inform the granting authority of the Member State of origin thereof.

7. Member States shall inform the Commission of the addresses and other contact details of the relevant authorities referred to in Article 12(2). The Commission shall ensure that this information is published through the appropriate channels, with a view to informing all the actors involved in a CIT cross-border activity.

Article 12 U.K. Information prior to the start of cross-border transport

1. A company holding or having submitted an application for a cross-border CIT licence shall inform the granting authority at least 2 months before it begins its cross-border activity of the Member States in which it will carry out CIT transport. The Member State of origin shall subsequently immediately notify the Member States concerned that the cross-border activity is to start.

2. A company that intends to carry out cross-border cash transport shall provide in advance the relevant authority or authorities indicated by the host Member State with information on the type or types of transport it will use, the names of the persons who may carry out such transport and the type of any weapons carried.

(1)

OJ 17, 6.10.1958, p. 385.