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
Date: 2000-05-29
Institutions: Council of the European Union
Subjects: counterfeiting, euro, fight against crime, monetary union, penalty

14.6.2000

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Official Journal of the European Communities

L 140/1

(Acts adopted pursuant to Title VI of the Treaty on European Union)

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

(2000/383/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in partic-
ular Article 31(e) and Article 34(2)(b) thereof,

Having regard to the initiative by the Federal Republic of
Germany (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

Council Regulation (EC) No 974/98 of 3 May 1998 on
the introduction of the euro (3), lays down that currency
denominated in euro shall start to be put into circulation
as from 1 January 2002 and obliges the participating
Member States to ensure adequate sanctions against
counterfeiting and falsification of euro banknotes and
coins.

Commission communication of 23 July 1998 to the
the European Parliament and the European
Council,
Central Bank entitled ‘Protection of
euro —
the
combating counterfeiting’ should be noted.

the European Parliament of 17
The resolution of
November 1998 concerning the Commission communi-
cation of 23 July 1998 to the Council, the European
Parliament and the European Central Bank entitled
‘Protection of the euro — combating counterfeiting’ (4)
should be noted.

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 (5) should be noted.

The provisions of the International Convention of 20
April 1929 for
the Suppression of Counterfeiting
Currency and its Protocol should be taken into account.

Regard should be paid to the special European signifi-
cance of the euro, and the principle of non-discrim-
ination in Article 5 of the 1929 Convention, which

(1) OJ C 322, 10.11.1999, p. 6.
(2) Opinion delivered on 17 February 2000 (not yet published in the

Official Journal).

(3) OJ L 139, 11.5.1998, p. 1.
(4) OJ C 379, 7.12.1998, p. 39.
(5) OJ C 11, 15.1.1999, p. 13.

make it necessary to ensure that severe criminal penal-
ties and other sanctions can be imposed for serious
counterfeiting offences involving the euro or other
currencies.

(7)

(8)

(9)

The worldwide importance of the euro means it will be
particularly open to the risk of counterfeiting.

Account should be taken of the fact that there is already
evidence of fraudulent activity with regard to the euro.

It should be ensured that the euro is protected in an
appropriate way in all Member States by efficient crim-
inal law measures, even before the currency starts to be
put into circulation as from 1 January 2002, in order to
defend the necessary credibility of the new currency and
thereby avoid serious economic consequences.

(10) Account should be taken of the Council resolution of 28
May 1999 on increasing protection by penal sanctions
against counterfeiting in connection with the introduc-
tion of the euro (6) with its guidelines for a binding legal
instrument,

HAS ADOPTED THIS FRAMEWORK DECISION:

Article 1

Definitions

For the purposes of this framework Decision:

— ‘Convention’ means the International Convention of 20
April 1929 for the Suppression of Counterfeiting Currency
and its Protocol (7),

— ‘currency’ means paper money (including banknotes) and
metallic money, the circulation of which is legally author-
ised including euro banknotes and euro coins, the circula-
tion of which is legally authorised pursuant to Regulation
(EC) 974/98,

(6) OJ C 171, 18.6.1999, p. 1.
(7) No 2623, p. 372. League of Nations Treaty Series 1931. Signed in

Geneva on 20 April 1929.

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Official Journal of the European Communities

14.6.2000

— ‘legal person’ shall mean any entity having such status
under the applicable national law, except for States or other
public bodies in the exercise of State authority and for
public international organisations.

(a) it relates to the future banknotes and coins of the euro and

is committed before 1 January 2002;

(b) it relates to banknotes and coins which are not yet issued
but are designated for circulation, and are of a currency
which is legal tender.

Article 2

Relation to the Convention

The purpose of this framework Decision is to supplement
1.
the provisions and to facilitate the application of the Conven-
tion by the Member States in accordance with the following
provisions.

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.

Article 3

General offences

Each Member State shall take the necessary measures to

1.
ensure that the following conduct is punishable:

(a) any fraudulent making or altering of currency, whatever

means are employed;

(b) the fraudulent uttering of counterfeit currency;

(c) the import, export, transport, receiving, or obtaining of
counterfeit currency with a view to uttering the same and
with knowledge that it is counterfeit;

(d) the fraudulent making, receiving, obtaining or possession

of

— instruments, articles, computer programs and any other
the counterfeiting or

means peculiarly adapted for
altering of currency, or

— holograms or other components of currency which

serve to protect against counterfeiting.

2.
Each Member State shall take the necessary measures to
ensure that participating in and instigating the conduct referred
to in paragraph 1, and attempting the conduct referred to in
points (a) to (c) of paragraph 1, are punishable.

Article 6

Penalties

1.
Each Member State shall take the necessary measures to
ensure that the conduct referred to in Articles 3 to 5 is punish-
able by effective, proportionate and dissuasive criminal penal-
ties, including penalties involving deprivation of liberty which
can give rise to extradition.

2.
The offences of fraudulent making or altering of currency
provided for in Article 3(1)(a) shall be punishable by terms of
imprisonment, the maximum being not less than eight years.

Article 7

Jurisdiction

1. Without prejudice to paragraph 2 of this Article:

— each Member State shall take the necessary measures to
establish its jurisdiction over the offences referred to in
Articles 3 to 5, where the offence is committed in whole or
in part within its territory,

— Articles 8 and 9, as well as Article 17 of the Convention are
applicable to the offences referred to in Articles 3 to 5 of
this framework Decision.

2.
At least the Member States in which the euro has been
adopted shall take the appropriate measures to ensure that the
prosecution of counterfeiting, at least in respect of the euro, is
possible, independently of the nationality of the offender and
the place where the offence has been committed.

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 Member State shall prosecute the offender or
offenders with a view to centralising the prosecution in a single
Member State where possible.

Article 4

Additional offences

Article 8

Liability of legal persons

Each Member State shall take the necessary measures to ensure
that the conduct referred to in Article 3 is punishable also with
respect to banknotes or coins being manufactured or having
been manufactured by use of legal facilities or materials in
the rights or the conditions under which the
violation of
competent authorities may issue currency, without
these
authorities' agreement.

1.
Each Member State shall take the necessary measures to
ensure that legal persons can be held liable for the offences
referred to in Articles 3 to 5 committed for their benefit by any
person, acting either individually or as part of an organ of the
legal person, who has a leading position within the legal
person, based on:

— a power of representation of the legal person, or
— an authority to take decisions on behalf of the legal person,

Article 5

or

Currency not issued but designated for circulation

Each Member State shall take the necessary measures to ensure
that the conduct referred to in Articles 3 and 4 is punishable if:

— an authority to exercise control within the legal person,

as well as for involvement as accessories or instigators in such
offences or the attempted commission of the offences referred
to in Article 3(1)(a) and (b).

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Apart from the cases already provided for in paragraph 1,
2.
each Member State shall take the necessary measures to ensure
that a legal person can be held liable where the lack of supervi-
sion or control by a person referred to in paragraph 1 has
rendered possible the commission of an offence referred to in
Articles 3 to 5 for the benefit of that legal person by a person
under its authority.

3.
Liability of a legal person under paragraphs 1 and 2 shall
not exclude criminal proceedings against natural persons who
are perpetrators,
in an offence
instigators or accessories
referred to in Articles 3 to 5.

Article 9

Sanctions for legal persons

Each Member State shall take the necessary measures to
1.
ensure that a legal person held liable pursuant to Article 8(1) is
punishable by effective, proportionate and dissuasive sanctions,
which shall
include criminal or non-criminal fines and may
include other sanctions such as:

(a) exclusion from entitlement to public benefits or aid;

(b) temporary or permanent disqualification from the practice

of commercial activities;

(c) placing under judicial supervision;

(d) a judicial winding-up order.

Each Member State shall take the necessary measures to
2.
ensure that a legal person held liable pursuant to Article 8(2) is
punishable by effective, proportionate and dissuasive sanctions
or measures.

Article 10

Territorial application

This framework Decision shall apply to Gibraltar.

Article 11

Implementation

1. Member States shall
take the necessary measures to
comply with this framework Decision by 31 December 2000
as far as Article 5(a) is concerned and not later than 29 May
2001 as far as the other provisions are concerned.

2.
By the same dates, the Member States shall transmit to
the General Secretariat of the Council, the Commission and the
European Central Bank the text of the provisions transposing
into their national law the obligations imposed on them under
this framework Decision. The Council will, by 30 June 2001 at
the latest, on the basis of a report established on the basis of
this information and a written report by the Commission,
assess the extent
to which Member States have taken the
necessary measures in order to comply with this framework
Decision.

Article 12

Entry into force

This framework Decision shall enter into force on the day of its
publication in the Official Journal.

Done at Brussels, 29 May 2000.

For the Council

The President

A. COSTA

ANNEX

DECLARATION BY THE REPUBLIC OF AUSTRIA

Austria refers to the possibility afforded to it in Article 18(2) of the second Protocol to the Convention on the Protection
of the European Communities' Financial Interests (OJ C 221, 19.7.1997, p. 11) not to be bound by Articles 3 and 4 of
that Protocol for five years, and hereby states that it will fulfil its obligations under Articles 8 and 9 of the framework
Decision within the same period.