P6_TA(2005)0084

Designation of Europol as the Central Office for combating euro counterfeiting *

European Parliament legislative resolution on the initiative of the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic and the United Kingdom of Great Britain and Northern Ireland with a view to adopting a Council Decision on protecting the euro against counterfeiting, by designating Europol as the Central Office for combating euro counterfeiting (14811/2004 — C6-0221/2004 — 2004/0817(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the initiative of the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic and the United Kingdom of Great Britain and Northern Ireland (14811/2004) [1],

- having regard to Articles 30(1)(c) and 34(2)(c) of the EU Treaty,

- having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0221/2004),

- having regard to Rules 93 and 51 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Economic and Monetary Affairs (A6-0079/2005),

1. Approves the initiative of the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic and the United Kingdom of Great Britain and Northern Ireland as amended;

2. Calls on the Council to amend the text accordingly;

3. Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4. Calls on the Council to consult Parliament again if it intends to amend substantially the initiative of the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic and the United Kingdom of Great Britain and Northern Ireland;

5. Instructs its President to forward its position to the Council and Commission, and the governments of the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Italian Republic and the United Kingdom of Great Britain and Northern Ireland.

TEXT PROPOSED BY THE FEDERAL REPUBLIC OF GERMANY, THE KINGDOM OF SPAIN, THE FRENCH REPUBLIC, THE ITALIAN REPUBLIC AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND | AMENDMENTS BY PARLIAMENT |

Amendment 1

Recital 1

(1) As the legal currency of 12 Member States, the euro has increasingly become a global currency and has therefore become a high-priority target of international counterfeiting organisations. | (1) As the legal currency of 12 Member States, the euro has gradually taken on extraordinary global importance and euro counterfeiting is therefore a high-priority target of domestic and international criminal organisations operating both within and outside the European Union. |

Amendment 2

Recital 2

(2) The euro has also become the target of third-country counterfeiters. | Deleted |

Amendment 3

Recital 3a (new)

| (3a) On their own, individual Member States cannot provide appropriate protection for the euro, since euro banknotes and coins circulate outside the territory of the Member States belonging to the monetary union. |

Amendment 4

Recital 3b (new)

| (3b) Cooperation among the Member States themselves and between the Member States and Europol needs to be stepped up in order to strengthen the system for the protection of the euro outside European Union territory. |

Amendment 5

Recital 4

(4) The Convention for the Prevention of Counterfeiting Currency, agreed on 20 April 1929 in Geneva (hereinafter referred to as "Geneva Convention"), should be applied more effectively under the conditions of European integration. | (4) The International Convention for the Suppression of Counterfeiting Currency, agreed on 20 April 1929 in Geneva (hereinafter referred to as "Geneva Convention"), and the additional Protocol thereto, should be applied more effectively with a view to ensuring comprehensive, effective and consistent protection of the euro. |

Amendment 6

Recital 5

(5) Third countries need a central contact for information on counterfeit euros and all information on counterfeit euros should be brought together at Europol for purposes of analysis. | (5) Third countries need a central contact for information on counterfeit euros and all information on counterfeit euros should be brought together at Europol for purposes of analysis alongside and in close cooperation with the national central offices of the Member States. |

Amendment 7

Recital 6

(6) In view of Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting, the Council considers it appropriate for all Member States to become contracting parties to the Geneva Convention and set up central offices within the meaning of Article 12 of the Convention. | (6) In view of the Council Framework Decision of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro [2] and in view of Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting, the Council considers it appropriate for all Member States to become contracting parties to the Geneva Convention and set up central offices within the meaning of Article 12 of the Convention. |

Amendment 8

Recital 7

(7) The Council considers it appropriate to designate Europol as the central office for combating euro counterfeiting within the meaning of Article 12 of the Geneva Convention, | (7) The Council considers it appropriate to designate Europol as the central office for combating euro counterfeiting (a task which it will perform in close cooperation with the national central offices of the Member States) within the meaning of Article 12 of the Geneva Convention, |

Amendment 9

Article 1, paragraph 1

1. For the Member States which are Contracting Parties to the Geneva Convention, namely Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Spain, Sweden and the United Kingdom, Europol shall, in accordance with the Declaration in the annex hereto (hereinafter referred to as the "Declaration"), act as the central office for combating euro counterfeiting within the meaning of the first sentence of Article 12 of the Geneva Convention. For counterfeiting of all other currencies and for central office functions not delegated to Europol pursuant to the Declaration, the existing competencies of the national central offices shall remain in effect. | 1. For all the Member States Europol shall, in accordance with the Declaration in the annex hereto (hereinafter referred to as the "Declaration"), act as the European Union central office for protecting the euro against counterfeiting within the meaning of the first sentence of Article 12 of the Geneva Convention, alongside and in close cooperation with the national central offices of the Member States. For counterfeiting of all other currencies and for central office functions delegated or not delegated to Europol pursuant to the Declaration, the existing competencies of the national central offices shall remain in effect. |

Amendment 10

Article 1, paragraph 2

2. Member States, which are not yet Contracting Parties to the Geneva Convention, namely Cyprus, Estonia, Latvia, Lithuania, Malta, Slovakia and Slovenia, shall accede to the Geneva Convention. Upon acceding to the Geneva Convention, they shall, in accordance with the Declaration, designate Europol as the central office for combating euro counterfeiting in accordance with the first sentence of Article 12 of the Geneva Convention. | Deleted |

Amendment 11

Article 2, paragraph 1

1. The governments of the Member States which are Contracting Parties to the Geneva Convention shall issue the Declaration and commission the representative of the Federal Republic of Germany to forward the Declarations to the Secretary-General of the United Nations. | 1. The governments of the Member States shall issue the Declaration and commission the representative of the Federal Republic of Germany to forward the Declarations to the Secretary-General of the United Nations. |

Amendment 12

Article 2, paragraph 2

2. The governments of the Member States which are not yet Contracting Parties to the Geneva Convention shall, in the event of accession, promptly issue the Declaration and commission the representative of the Federal Republic of Germany to forward the Declaration to the Secretary-General of the United Nations. | Deleted |

Amendment 13

Annex, first introductory sentence

..., a Member State of the European Union, has given the European Police Office (hereinafter referred to as "Europol") a mandate to combat euro counterfeiting. | ..., a Member State of the European Union, has given the European Police Office (hereinafter referred to as "Europol") a mandate to act as the European Union's central office for action to combat euro counterfeiting for the purposes of the Geneva Convention — a task which it will perform alongside and in close cooperation with the national central offices of the Member States. |

Amendment 14

Annex, point 1.1

1.1.Europol shall centralise and process, in accordance with the Europol Convention, all information of a nature to facilitate the investigation, prevention and combating of euro counterfeiting and shall forward this information without delay to the national central offices of the EU Member States. | 1.1.Europol shall centralise and process, in accordance with the Europol Convention and in close cooperation with the national central offices of the Member States, all information of a nature to facilitate the investigation, prevention and combating of euro counterfeiting. |

Amendment 15

Annex, point 1.5, introductory sentence.

1.5.Except in cases of purely local interest, Europol shall, insofar as it considers it expedient, notify the central office of third countries of: | 1.5.Except in cases of purely local interest, Europol shall, insofar as it considers it expedient and taking into account the provisos contained in the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies [3], notify the central office of third countries of: |

Amendment 16

Annex, point 1.7

1.7.Where Europol is unable to carry out the tasks specified in points 1.1 to 1.6 in accordance with the Europol Convention, the national central offices of the Member States shall retain competence. | Deleted |

Amendment 17

Annex, point 1a (new)

| 1a.The powers assigned to Europol for the purpose of protecting the euro against counterfeiting within the framework of the Geneva Convention shall be exercised alongside those of the national central offices of the Member States and in close cooperation with those offices. |

Amendment 18

Annex, point 2

2.With regard to the counterfeiting of all other currencies and for central office functions not delegated to Europol in accordance with point 1, the existing competencies of the national central offices shall remain in effect. | 2.With regard to measures to protect against the counterfeiting of all other currencies, the existing competencies of the national central offices shall remain in effect. |

[1] Not yet published in OJ.

[2] OJ L 140, 14.6.2000, p. 1.

[3] OJ C 88, 30.3.1999, p. 1.

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