Council Resolution of 28 May 1999 on increasing protection by penal sanctions against counterfeiting in connection with the introduction of the euro
Date: 1999-05-28
Institutions: Council of the European Union
Subjects: criminal law, fight against crime, fraud, monetary union, money

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 (cid:145)Protection of the euro (cid:151) combating counterfeiting(cid:146);

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 (cid:151)
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 ((cid:145)1929
Convention(cid:146)) 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 (cid:145)currency(cid:146)

(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 (cid:145)articles(cid:146) 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.