Protection of the euro against counterfeiting * European Parliament legislative resolution of 17 June 2008 on the proposal for a Council regulation amending Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting (COM(2007)0525 — C6-0431/2007 — 2007/0192(CNS))
Date: 2008-06-17
Institutions: Committee on Civil Liberties, Justice and Home Affairs, Committee on Economic and Monetary Affairs, European Parliament
Subjects: amendment, consultation procedure, drafting of EU law, economic offence, euro, fight against crime, fraud, industrial counterfeiting, money, paper money, resolution of parliament








CE2009286EN.01007601.xml










27.11.2009   


EN


Official Journal of the European Union


CE 286/76





Tuesday 17 June 2008Protection of the euro against counterfeiting *
P6_TA(2008)0280
European Parliament legislative resolution of 17 June 2008 on the proposal for a Council regulation amending Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting (COM(2007)0525 — C6-0431/2007 — 2007/0192(CNS))
2009/C 286 E/32
(Consultation procedure)

The European Parliament,
having regard to the Commission proposal to the Council (COM(2007)0525),
having regard to Article 123(4) of the EC Treaty, in particular the third sentence, pursuant to which the Council consulted Parliament (C6-0431/2007),
having regard to Rule 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 (A6-0230/2008),






1.


Approves the Commission proposal as amended;










2.


Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;










3.


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










4.


Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;










5.


Instructs its President to forward its position to the Council and the Commission.










TEXT PROPOSED BY THE COMMISSION


AMENDMENTS





Amendment 1






Proposal for a regulation — amending act


Recital 2











(2)


It is important to ensure that circulating euro notes and coins are authentic. Procedures are now available which enable credit institutions and other related institutions to check authenticity of the euro notes and coins they receive before they put them back into circulation. In order to comply with the obligation to check authenticity and to implement those procedures, these institutions need time to adapt their internal functioning.












(2)


It is important to ensure that circulating euro notes and coins are authentic. Procedures are now available which enable credit institutions and other related institutions to check 
the
 authenticity 
and fitness for circulation
 of the euro notes and coins they receive before they put them back into circulation. In order to comply with the obligation to check authenticity 
and fitness for circulation,
 and to implement those procedures, these institutions need time to adapt their internal functioning.









Amendment 2






Proposal for a regulation — amending act


Recital 2a (new)





 










(2a)





Small and medium-sized traders lack sufficient resources to carry out checks in accordance with the procedures laid down by the European Central Bank and by the Commission. They should be required to act with due diligence by withdrawing from circulation any euro notes and coins received by them which they know or have sufficient reason to believe to be counterfeit.










Amendment 3






Proposal for a regulation — amending act


Recital 2b (new)





 










(2b)





In order to ensure that credit institutions and other related institutions are able to comply with the obligation to check euro notes and coins for authenticity and fitness for circulation, technical procedures and standards for such checking should be defined. Article 106(1) of the EC Treaty assigns competence to define such standards for euro notes to the European Central Bank. With regard to euro coins, related competences have been conferred on the Commission pursuant to Article 211 of the EC Treaty.










Amendment 4






Proposal for a regulation — amending act


Recital 3











(3)


Appropriate adjustment of equipment is a prerequisite for checking the authenticity of euro notes and coins. In order to adjust the equipment used for the checks for authenticity it is essential that the necessary quantities of counterfeit notes and coins are available at the places where testing is conducted. It is, therefore, 
important
 to permit the transport of counterfeits amongst competent national authorities as well as institutions and bodies of the European Union.












(3)


Appropriate adjustment of equipment is a prerequisite for checking the authenticity of euro notes and coins. In order to adjust the equipment used for the checks for authenticity it is essential that the necessary quantities of counterfeit notes and coins are available at the places where testing is conducted. It is, therefore, 
necessary
 to permit the 
delivery and
 transport of counterfeits amongst competent national authorities as well as institutions and bodies of the European Union.









Amendment 5






Proposal for a regulation — amending act


Recital 3a (new)





 










(3a)





The authenticity of euros must be guaranteed throughout the European Union, including in those Member States which do not belong to the euro area and those in which euros are used as a transaction currency.










Amendment 6






Proposal for a regulation — amending act


Article 1 — point - 1 (new)


Regulation (EC) No 1338/2001


Article 2 — point da (new)





 










- 1.





The following point shall be inserted in Article 2:









(da)






‘other institutions’ shall mean any economic institutions or agents engaged in the sorting and distribution to the public of euro notes and coins, either directly or via cash distribution machines; this definition shall include bureaux de change, large shopping centres and casinos;















Amendment 7






Proposal for a regulation — amending act


Article 1 — point - 1a (new)


Regulation (EC) No 1338/2001


Article 2 — point db (new)





 










- 1a.





The following point shall be inserted in Article 2:









(db)






‘small and medium-sized trader’ shall mean a retailer operating on small or medium-sized premises and serving the end consumer who is not involved in the sorting and distribution to the public of euro notes and coins other than in the routine handing-over of change;















Amendment 8






Proposal for a regulation — amending act


Article 1 — point 1 — point b


Regulation (EC) No 1338/2001


Article 4 — paragraph 2 — subparagraph 1a (new)











(b)



at the end of paragraph 2 the following sentence is added:
For the purpose of facilitating the control for authenticity of circulating euro notes, the transport 
of counterfeit notes
 amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.












(b)



in paragraph 2 the following subparagraph is added:
For the purpose of facilitating the control for authenticity of circulating euro notes 
and when the quantity seized so permits, an adequate number of counterfeit euro notes (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies, and
 the transport 
thereof
 amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.









Amendment 10






Proposal for a regulation — amending act


Article 1 — point 2 — point b


Regulation (EC) No 1338/2001


Article 5 — paragraph 2 — subparagraph 2a (new)











(b)



at the end of paragraph 2 the following sentence is added:
For the purpose of facilitating the control for authenticity of circulating euro coins, the transport 
of counterfeit coins
 amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.












(b)



in paragraph 2 the following subparagraph is added:
For the purpose of facilitating the control for authenticity of circulating euro coins 
and when the quantity seized so permits, an adequate number of counterfeit euro coins (even when these constitute evidence in criminal proceedings) shall be transmitted to the competent national bodies, and
 the transport 
thereof
 amongst the competent national authorities as well as the institutions and bodies of the European Union shall be permitted.









Amendment 11






Proposal for a regulation — amending act


Article 1 — point 3 — point a


Regulation (EC) No 1338/2001


Article 6 — paragraph 1











1.


Credit institutions, and any other 
institutions
 engaged in the sorting and distribution to the public of notes and coins 
as a professional activity,
 including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, shall be obliged to ensure that euro notes and coins which they have received and which they intend to put back into circulation are checked for authenticity and counterfeits are detected. This verification shall be carried out in line with procedures to be defined by the European Central Bank and the Commission for euro notes and coins respectively.












1.


Credit institutions, 
cash transporters
 and any other 
economic agents
 engaged in the sorting and distribution to the public of notes and coins, including establishments whose 
professional
 activity consists in exchanging notes and coins of different currencies, such as bureaux de change, 
and economic agents engaged, as a subsidiary activity, in the sorting and distribution of notes to the public by means of automated teller machines,
 shall be obliged to ensure that euro notes and coins which they have received and which they intend to put back into circulation are checked for authenticity 
and fitness for circulation
 and counterfeits are detected. 
Cash transporters shall be required to verify the authenticity of euro notes and coins only where they have direct access to the euro notes and coins which are entrusted to them.
 This verification 
of authenticity and fitness for circulation
 shall be carried out in line with procedures to be defined by the European Central Bank and the Commission for euro notes and coins respectively
, in accordance with those institutions’ respective competences and taking into account the particular features of euro notes and coins
.


In those Member States other than the participating Member States listed in Regulation (EC) No 974/98, a specific control procedure shall be laid down for the purpose of checking the authenticity of euro notes and coins used by the institutions referred to in the first subparagraph.










The institutions referred to in the first subparagraph shall be obliged to withdraw from circulation all euro notes and coins received by them which they know or have sufficient reason to believe to be counterfeit. They shall immediately hand them over to the competent national authorities.


The 
credit
 institutions 
and other economic agents
 referred to in the first subparagraph 
and small and medium-sized traders
 shall be obliged to withdraw from circulation all euro notes and coins received by them which they know or have sufficient reason to believe to be counterfeit. They shall immediately hand them over to the competent national authorities.





Amendment 12






Proposal for a regulation — amending act


Article 1 — point 3 — point b


Regulation (EC) No 1338/2001


Article 6 — paragraph 3





By way of derogation from the first subparagraph of paragraph 3, the laws, regulations and administrative provisions for applying the first subparagraph of paragraph 1 of this Article shall be adopted by 
31 December 2009
 at the latest. They shall forthwith inform the Commission and the European Central Bank thereof.


By way of derogation from the first subparagraph of paragraph 3, the laws, regulations and administrative provisions for applying the first subparagraph of paragraph 1 of this Article shall be adopted by 
31 December 2011
 at the latest. They shall forthwith inform the Commission and the European Central Bank thereof.





Amendment 13






Proposal for a regulation — amending act


Article 1 — point 3 a (new)


Regulation (EC) No 1338/2001


Article 7 — paragraph 2 — indent 3a (new)





 










3a.





The following indent shall be added to Article 7(2):







—




devising and promoting training and information activities, such as information booklets and training seminars, for citizens and consumers concerning the risks posed by counterfeiting, the basic security measures incorporated into euro notes and coins and the appropriate authorities to be contacted by those who come into possession of suspected counterfeit notes and/or coins. Furthermore, financial institutions and any other institution involved in the sorting and distribution to the public of notes and coins as a professional activity, including establishments whose activity consists in exchanging notes and coins of different currencies, such as bureaux de change, shall display and make available to consumers information booklets (supplied by the relevant national authorities, the Commission and the European Central Bank) dealing with the abovementioned risks, measures and authorities.