Considerations on JAI(1999)4 - Increasing protection by penal sanctions against counterfeiting in connection with the introduction of the euro

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(1) 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.

(2) Commission communication of 23 July 1998 to the Council, the European Parliament and the European Central Bank entitled 'Protection of the euro - combating counterfeiting' should be noted.

(3) 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 entitled 'Protection of the euro - combating counterfeiting'(4) should be noted.

(4) 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.

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

(6) Regard should be paid to the special European significance of the euro, and the principle of non-discrimination in Article 5 of the 1929 Convention, which make it necessary to ensure that severe criminal penalties and other sanctions can be imposed for serious counterfeiting offences involving the euro or other currencies.

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

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

(9) 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 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 introduction of the euro(6) with its guidelines for a binding legal instrument.