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
Date: 1999-11-10
Institutions: Germany
Subjects: EC Decision, Germany, criminal court, euro, industrial counterfeiting, paper money

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

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

(cid:151) (cid:145)Convention(cid:146) shall mean the International Convention of 20
April 1929 for the suppression of counterfeiting currency
and its Protocol;

(cid:151) (cid:145)currency(cid:146) 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.