Initiative of the Federal Republic of Germany with a view to the adoption of a Council Framework Decision on increasing protection by penal sanctions against counterfeiting in connection with the introduction of the euro
C 322/6 EN Official Journal of the European Communities 10. 11. 1999 II (Preparatory Acts pursuant to Title VI of the Treaty on European Union) COUNCIL Initiative of the Federal Republic of Germany with a view to the adoption of a Council Framework Decision on increasing protection by penal sanctions against counterfeiting in connection with the introduction of the euro (1999/C 322/04) THE COUNCIL OF THE EUROPEAN UNION, In view of the fact that there is already evidence of fraudulent activity with regard to the euro; Having regard to the Treaty on European Union, and in particular Articles 31(e) and 34(2)(b) thereof, Having regard to the initiative by the Federal Republic of Germany, Having regard to the Opinion of the European Parliament (1), Recalling Council Regulation (EC) No 974/98 of 3 May 1998 the euro (2), which lays down that on the introduction of currency denominated in euro shall start to be put into circu- lation as from 1 January 2002 and obliges the participating Member States to ensure adequate sanctions against counter- feiting and falsification of euro banknotes and coins; Noting the Commission communication of 23 July 1998 to the Council, the European Parliament and the European Central Bank on Protection of the euro - combating counterfeitingí; the European Parliament of Noting the Resolution of 17 November 1998 concerning the Commission communi- cation of 23 July 1998 to the Council, the European Parliament and the European Central Bank on Protection of the euro - combating counterfeitingí (3); Noting the Recommendation of the European Central Bank of 7 July 1998 regarding the adoption of certain measures to enhance the legal protection of euro banknotes and coins (4); Taking into account the International Convention of 20 April 1929 for the suppression of counter- feiting currency and its Protocol; the provisions of Whereas the world-wide importance of the euro means it will be particularly open to the risk of counterfeiting; (1) Opinion delivered on. (not yet published in the Official Journal). (2) OJ L 139, 11. 5. 1998, p. 1. (3) OJ C 379, 7. 12. 1998, p. 39. (4) OJ C 11, 15. 1. 1999, p. 13. Whereas it should be ensured that the euro is protected in an appropriate way in all Member States by efficient criminal law measures, even before the currency starts to be put into circu- lation as from 1 January 2002; Taking into account the Council Resolution of 28 May 1999 on increasing protection by penal sanctions against counter- the euro (5) feiting in connection with the introduction of with its guidelines for a binding legal instrument, HAS ADOPTED THE FOLLOWING FRAMEWORK DECISION: Article 1 For the purposes of this framework Decision: - Conventioní shall mean the International Convention of 20 April 1929 for the suppression of counterfeiting currency and its Protocol; - ácurrencyí shall mean paper money (including banknotes) and metallic money, the circulation of which is legally auth- orised. Article 2 The purpose of this Framework Decision is to supplement 1. the provisions of the Convention in accordance with the following provisions and to facilitate the application thereof by the Member States. To this end, the Member States that have not yet done so 2. undertake to accede to the Convention. The obligations under the Convention shall remain unaf- 3. fected. (5) OJ C 171, 18. 6. 1999, p. 1. 10. 11. 1999 EN Official Journal of the European Communities C 322/7 Article 3 Article 7 1. Each Member State shall take the necessary measures to ensure that the conduct referred to in Article 3, paragraphs 1 to 4 to the Convention as extended by Articles 4 to 7 of this to Framework Decision, currency that is or has been manufactured in violation of the rights of to issue currency in a Member State. is punishable also with respect the authority competent the conduct Each Member State shall take the necessary measures to 2. ensure that the Convention as extended by Articles 4 to 7 of this Framework Decision is punishable even if it relates to currency which is intended for circulation, but has not yet been issued. referred to in Article 3 of Article 4 export, transport, The to another person and transfer procuring for another person shall be treated under national law as equivalent to the conduct referred to in Article 3, point 3 of to the conditions referred to therein. the Convention subject jurisdiction over take the necessary measures 1. Without prejudice to Articles 8 and 9 of the Convention, each Member State shall to establish its referred to in Article 3 of the Convention, in conjunction with the extensions pursuant this Framework Decision, where the offence is committed in whole or in part within its territory. to Articles 4 and 5 of the offences take the necessary measures 2. Without prejudice to Articles 8 and 9 of the Convention, each Member State shall to establish its jurisdiction over cases where an offence referred to in Article 3 of the Convention, in conjunction with the extensions pursuant to Articles 4 and 5 of this Framework Decision, is committed with respect to the euro outside its territory and where it has not extradited the offender. 3. Where more than one Member State has jurisdiction and has the possibility of viable prosecution of an offence based on the same facts, the Member States involved shall cooperate in deciding which shall prosecute the offender or offenders with a view to centralising the prosecution in a single Member State where possible. Article 5 Article 8 1. (a) Holograms and other components of currency which serve to protect against counterfeiting, as well as 1. Member States shall take the necessary measures to comply with the provisions of this Framework Decision by 31 December 2000. (b) computer programmes and other means particularly adapted for the counterfeiting or altering of currency shall be treated under national to the instruments and articles referred to in Article 3, point 5 of the Convention subject to the conditions referred to therein. law as equivalent 2. Subject to the conditions referred to in Article 3, point 5 of the Convention, possession of the instruments, articles and means mentioned therein and in paragraph 1 above shall betreated under national to the conduct referred to in the aforesaid Article of the Convention. law as equivalent Article 6 Each Member State shall take the necessary measures to ensure that the conduct referred to in Article 3 of the Convention as extended by Articles 4 and 5 of this Framework Decision is punishable by effective, proportionate and dissuasive criminal penalties, liberty which can give rise to extradition. including penalties involving deprivation of 2. Member States shall transmit to the General Secretariat of the Council, the Commission of the European Communities and the European Central Bank the text of the provisions trans- posing into their national law the obligations imposed on them under this information, the Council will, by 30 June 2001 at the latest, assess the extent to which Member States have complied with this Framework Decision. Framework Decision. On the basis of this An evaluation, notably also of its practical application, 3. shall be carried out by 31 December 2004 at the latest pursuant to the Joint Action adopted by the Council on 5 December 1997 establishing a mechanism for evaluating the application and implementation at national inter- national undertakings in the fight against organised crime (1). level of Done at. For the Council The President. (1) OJ L 344, 15. 12. 1997, p. 7