Framework decision 2000/383 - Increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro - Main contents

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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

Official Journal L 140 , 14/06/2000 P. 0001 - 0003

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 particular 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) 

  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,

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 authorised including euro banknotes and euro coins, the circulation of which is legally authorised pursuant to Regulation (EC) 974/98,

• - 

  "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.

Article 2

Relation to the...

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