A4-0396/98

Draft Joint Action on fraud and counterfeiting of non-cash means of payment (COM(98)0395 - C4-0455/98 - 98/0911(CNS))

The draft was approved with the following amendments:

(Amendment 1)

Article 1(1)

>Original text>

1. '(non-cash)payment instrument' shall mean an instrument with the exception of legal tender (i.e. bank notes and coins) enabling, alone or in conjunction with another (payment) instrument, the legitimate holder/payer, to obtain money or value, to make or receive payments in respect of goods, services or any other thing of value, to issue an order or message requesting or otherwise authorising the transfer of funds (in the form of a monetary claim on a party) to the order of a payee;

>Text following EP vote>

1.

'(non-cash)payment instrument' shall mean an instrument with the exception of legal tender (i.e. bank notes and coins) enabling, alone or in conjunction with another (payment) instrument, the holder/payer, to obtain money or value, to make or receive payments in respect of goods, services or any other thing of value, to issue an order or message requesting or otherwise authorising the transfer of funds (in the form of a monetary claim on a party) to the order of a payee;

(Amendment 2)

Article 2(i)

>Original text>

(i) manipulation of relevant data including account information, or other identification data, for initiating or processing a payment transaction;

>Text following EP vote>

(i) knowingly manipulating relevant data including account information, or other identification data, for initiating or processing a payment transaction;

(Amendment 3)

Article 2(m)

>Original text>

(m) involvement as accessory or instigator in, or knowingly obtaining of value or pecuniary advantage derived from any of the behaviours described above involving a criminal intention.

>Text following EP vote>

(m) attempted or actual involvement as accessory or instigator in, or knowingly obtaining of value or pecuniary advantage derived from, any of the behaviours described above involving a criminal intention.

(Amendment 4)

Article 3(1)

>Original text>

1. The types of behaviour set out in Article 2 are classified as criminal offences.

>Text following EP vote>

1.

The types of behaviour set out in Article 2 are classified as criminal offences. Each Member State may, in so far as such offences are committed within the same family, make their prosecution subject to a complaint lodged by the injured party.

(Amendment 5)

Article 3(5)

>Original text>

5. Money laundering related to the proceeds of the offences provided for in paragraph 1 is established as a criminal offence.

>Text following EP vote>

Deleted

(Amendment 6)

Article 3(6)(a)

>Original text>

(a) the offence is committed in whole or in part within its territory;

>Text following EP vote>

(a)

the offence is committed in whole or in part within its territory, or the proceeds thereof are realised, in whole or in part, within its territory;

(Amendment 8)

Article 4, 1st indent

>Original text>

- advise those authorities on their own initiative, where there is reasonable ground for considering that one of these offences have been committed;

>Text following EP vote>

-

advise those authorities - at least in serious cases - on their own initiative, where there is reasonable ground for considering that one of these offences have been committed;

(Amendment 9)

Article 4, 2nd paragraph (new)

>Original text>

>Text following EP vote>

They shall communicate to the aforesaid authorities, at their request, all relevant information where any of the aforesaid offences is being investigated in connection with hostage-taking or blackmail.

(Amendment 11)

Article 6

>Original text>

Article 6 - Cooperation between Member States

>Text following EP vote>

Deleted

>Original text>

1. In accordance with applicable conventions, multilateral or bilateral agreements or arrangements Member States shall afford each other the widest measures of mutual assistance in respect of proceedings relating to offences provides for in this Joint Action.

>Text following EP vote>

>Original text>

2. Where several Member States have jurisdiction in respect of offences envisaged by this Joint Action, these States shall consult one another with a view to coordinating their action in order to prosecute effectively.

>Text following EP vote>

>Original text>

3. Each Member State shall ensure that information concerning offences envisaged by this Joint Action sa well as persons convicted of such offences and information which could be useful for investigations and prosecutions of such offences is organised in such a way that it is readily accessible and can be effectively used and exchanged with other Member States, subject to national law governing secrecy of proceedings.

>Text following EP vote>

Legislative resolution embodying Parliament's opinion on the draft Joint Action on fraud and counterfeiting of non-cash means of payment (COM(98)0395 - C4-0455/98 - 98/0911(CNS))(Consultation procedure)

The European Parliament,

- having regard to the Commission draft COM(98)0395 - 98/0911(CNS),

- having been consulted by the Council pursuant to Article K.6(2) of the Treaty on European Union (C4-0455/98),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs (A4-0396/98),

1. Approves the Commission draft, subject to Parliament's amendments;

2. Asks to be consulted again should the Council intend to depart from the text approved by Parliament;

3. Instructs its President to forward this opinion to the Council, the Commission and the European Central Bank.