Council Resolution of 28 May 1999 on increasing protection by penal sanctions against counterfeiting in connection with the introduction of the euro
18. 6. 1999 EN Official Journal of the European Communities C 171/1 COUNCIL (Acts adopted under Title VI of the Treaty on European Union) COUNCIL RESOLUTION of 28 May 1999 on increasing protection by penal sanctions against counterfeiting in connection with the intro- duction of the euro (1999/C 171/01) THE COUNCIL OF THE EUROPEAN UNION, HEREBY ADOPTS THIS RESOLUTION: Having regard to the Treaty on European Union, A. International Convention for the Suppression of Counter- feiting Currency of 20 April 1929 Recalling Council Regulation (EC) No 974/98 of 3 May 1998 the euro (1), 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; Noting the resolution of the European Parliament of 17 November 1998 concerning the Commission communication of 23 July 1998 to the Council, the European Parliament and the European Central Bank on protection of the euro - combating counterfeiting (2); 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 (3); Whereas the world-wide importance of the euro means it will be particularly open to the risk of counterfeiting; In view of the fact that there is already evidence of fraudulent activity with regard to the euro; 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 currency starts to be put into circulation as from 1 January 2002, 1. The Council takes the view that the provisions of the International Convention for Suppression of Counterfeiting Currency of 20 April 1929 ( 1929 Conventioní) represent a common minimum standard for the European Union regarding protection by penal sanctions against counter- feiting. all Member States of the 2. The Council notes with satisfaction that those Member States which are not yet parties to the Convention have declared their intention to accede to the Convention. 3. As legal tender of the Monetary Union in accordance with Regulation (EC) No 974/98, euro banknotes and euro coins shall constitute ácurrencyí (a) within the meaning of Article 2 of the 1929 Convention; (b) within the meaning of Member States’ criminal legis- lation on the counterfeiting of currency. B. Legal instrument of the European Union increasing protection by penal sanctions against counterfeiting in connection with the introduction of the euro takes the view that, on the basis of The Council the minimum standard referred to in point A. 1, a binding legal instrument of the European Union should be drawn up, taking into account the following guidelines: 1. The activities referred to in Article 3 of the 1929 Convention and the activities covered by the future legal instrument of the European Union in respect of currency manufactured in violation of the rights of the competent should to constitute criminal activities in all Member States. authorities currency issue (1) OJ L 139, 11. 5. 1998, p. 1. (2) OJ C 379, 7. 12. 1998, p. 39. (3) OJ C 11, 15. 1. 1999, p. 13. 2. (a) The transport and export of counterfeit currency with the intention of putting it into circulation should be a criminal activity in all Member States; C 171/2 EN Official Journal of the European Communities 18. 6. 1999 (b) Member States are requested to consider whether forms of holding of counterfeit currency into circulation other with the intention of putting it should be made punishable. 3. Member States should ensure that: (a) the concept áarticlesí within the meaning of Article includes (such as holograms) 3(5) of currency components of which serve to protect against counterfeiting; the 1929 Convention also (b) above and beyond the articles referred to in Article the 1929 Convention, all means may be the computer 3(5) of covered which are specifically intended for counterfeiting of currency, programmes; inter alia, the 1929 Convention, possession, (c) above and beyond the activities referred to in Article 3(5) of for fraudulent purposes, of means specifically intended for the counterfeiting of currency is a criminal activity. 4. Member States should, referred to in Article 3 of in the case of all criminal the 1929 activities those referred to in the future Convention, and of impose the legal threat of effective and appropriate deterrent penal instrument of the European Union, sanctions, lead to extradition. including custodial sentences which may least counterfeiting of 5. Appropriate measures should be taken to ensure that is counterfeiting, at liable to prosecution, at least in the Member States in irrespective of the which the euro has been adopted, nationality of the place where the offence was committed. The future legal instrument of the European Union should address the issue of conflict of jurisdiction. the offender or the euro, C. Cooperation it The Council invites the Member States and the Commission to consider whether is necessary to strengthen the existing measures in order to cooperate efficiently with the help of the European Central Bank and the European Police Office (Europol) for the suppression of counterfeiting of the euro. D. Urgent measures The Council calls upon the Member States to ensure that acts corresponding to those referred to in Article 3 of the 1929 Convention committed prior to 1 January 2002 in the future euro banknotes and coins are respect of punishable by means of appropriate penal sanctions