Protection of the Euro�against Counterfeiting �by European Criminal law

Directive 2014/62/EU on the protection of the Euro and other currencies against counterfeiting by criminal law, and replacing Framework Decision 2000/283/JHA

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Context

• Geneva Convention - International Convention for the Suppression of Counterfeitung Currency agreed on 20 April 1929
• Framework Decision 2000/383/JHA- supplements the Geneva Convention on EU-territory following the introduction of the Euro
• Directive 2014/62/EU on the protection of the Euro and other currencies against counterfeitung by criminal law and replacing Framework Decision 2000/282/JHA.

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The Directive builds on and replaces the Framework Decision (FD), in connection with the introduction of the euro. It takes over main provisions of the FD

• Definition of offences
• fraudulant making or alterung of currency (production of counterfeit notes and coins)
• Distribution of counterfeit currency
• Making and possessing counterfeitung equipment
• Fraudulent making of notes and coins using legal facilities but not yet issued or violating the rights or the conditions under which competent authorities may issue notes or coins
• Sanctions for production of counterfeits

minimum maximum sanction of 8 years imprisonment

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In addition:

• Obliges MS to make effective investigative tools availabe for detecting currency counterfeiting cases, equivalent to those used to combat organised or other serious crime.
• Requires MS to ensure that the National Analyses Centres and the National Coin Analyses Centres are also availabe to examine euro counterfeits during on-going judicial proceedings (as soon as possible).
• Minimum maximum penalty of 5 years for the offence of distribution
• Requires MS to collect data on the number of counterfeiting offences, of the persons prosecuted and those convicted, and share these data with the Commission (statistics).
• NO minimum minimum penalties

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other

• Liability of legal persons
• Jurisdiction over offences committed outside MS territory or offences which are not a criminal offence at the place where committed

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Why?

• Sufficient deterrence
• equal priority levels with law enforcement authorities in the MS
• No forum shopping for criminals
• Effective cross border investigations using the same investigation tools
• Identifying counterfeits and preventing them from further circulation

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in practice

• In force since 21 May 2014
• Obliges Member States to transposition into national law by 23 May 2016 => transposition checks (only two MS that did not notify)
• Not applicable to Denmark and UK.
• Ireland opted in.
• Framework Decision 2000/383/JHA stays applicable for those MS not bound by the Directive .

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Wider context – coordinated approach

• National authorities, EU COM, ECB, non-EU countries, international organisations
• Administrative measures and legislation (prevention and cooperation) – multidisciplinary cooperation, analyses, identification and withdrawal, authenticity
• Pericles 2020 –programme (exchange, assistance and training cross-borders)
• Criminal law

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• Thank you for your attention.

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