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Procedure : 2001/0804(CNS)
Document stages in plenary
Document selected : A5-0120/2001

Texts tabled :

A5-0120/2001

Debates :

Votes :

Texts adopted :

P5_TA(2001)0224
P5_TA(2001)0225
P5_TA(2001)0226

Texts adopted
Thursday, 3 May 2001 - Brussels
Protection of the euro against counterfeiting *
P5_TA(2001)0224A5-0120/2001
Text
 Resolution

Initiative by the Government of the French Republic with a view to adopting a Council Decision on the protection of the euro against counterfeiting (5551/2001 - C5-0054/2001 - 2001/0804(CNS) )

The initiative was amended as follows:

Text proposed by the Government of the French Republic(1)   Amendments by Parliament
Amendment 1
Recital 2
   (2) The measures to protect the euro put in place by previous instruments should be supplemented and strengthened by provisions ensuring close cooperation between the competent authorities of the Member States, the European Central Bank, the national central banks, Europol and Eurojust to suppress offences involving counterfeiting of the euro,
   (2) The measures to protect the euro put in place by previous instruments should be supplemented and strengthened by provisions ensuring close cooperation between the competent authorities of the Member States, the European Central Bank, the national central banks, Europol and with the Provisional Judicial Cooperation Unit and subsequently Eurojust, once the Decision establishing it has been adopted, to suppress offences involving counterfeiting of the euro,
Amendment 2
Recital 2 a (new)
(2a) Commission communication of 22 July 1998 to the Council, the European Parliament and the European Central Bank on "Protection of the euro - combating counterfeiting”1 should be noted.
_________
1 COM(1998) 474 .
Amendment 3
Recital 2 b (new)
(2b) The resolution of the European Parliament of 17 November 19981 concerning the aforementioned Commission communication of 22 July 1998 should be noted.
_________
1 OJ C 379, 7.12.1998, p. 39.
Amendment 4
Recital 2 c (new)
(2c) 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 coins1 should be noted.
_________
1 OJ C 11, 15.1.1999, p. 13.
Amendment 5
Recital 2 d (new)
(2d) The provisions of the Geneva Convention and in particular the central offices established by that Convention, should be taken into account.
_________
1 International Convention for the Suppression of Counterfeiting Currency signed in Geneva on 20 April 1929. League of Nations Treaty Series No 2623 (1931), p. 372.
Amendment 6
Recital 2 e (new)
(2e) 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 euro1 , and in particular of point C thereof inviting the Member States and the Commission to consider whether it is necessary to strengthen the existing measures in order to cooperate efficiently with the help of the European Central Bank and the European Police Office (Europol) for the suppression of counterfeiting of the euro.
_________
1 OJ C 171, 18.6.1999, p. 1.
Amendment 7
Recital 2 f (new)
(2f) Account should be taken of the Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro1 , which ensures effective and appropriate protection under criminal law by harmonising charges and penalties.
_________
1 OJ L 140, 14.6.2000, p. 1.
Amendment 8
Recital 2 g (new)
(2g) Account should be taken of the Convention of 26 July 1995 based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention)1 , and in particular Article 28 (1), point 23, thereof7 .
_________
1 OJ C 316, 27.11.1995, p. 2.
Amendment 9
Recital 2 h (new)
(2h) The Council Decision of 29 April 1999 extended Europol's mandate to deal with forgery of money and means of payment.
_________
1 OJ C 149, 28.5.1999, p. 16.
Amendment 10
Recital 2 i (new)
(2i) Account should be taken of the conclusions of the Tampere European Council of 15 and 16 October 1999, in particular recommendations 43, 44, 45 and 46.
Amendment 11
Recital 2 j (new)
(2j) Account should be taken of the conclusions of the Nice European Council on 7, 8, and 9 December 2000, in particular recommendation 32.
Amendment 12
Article 1, indent 2
   - "counterfeiting” or "forgery” of the euro shall mean the conduct described in Articles 3 to 5 of the Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro,
   - offences related to "counterfeiting” or "forgery” of the euro shall mean the conduct described in Articles 3 to 5 of the Council Framework Decision 2000/383/JHA of 29 May 2000 on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro,
Amendment 13
Article 1, indent 3
   - "competent authorities” shall mean the authorities designated by the Member States to centralise information, in particular the national central offices, and to detect, investigate or punish the offences of "counterfeiting” or "forgery” of the euro;
   - "competent authorities” shall mean the authorities designated by the Member States to centralise information, in particular the national central offices, referred to in Article 12 of the Geneva Convention, and to detect, investigate or punish the offences of "counterfeiting” or "forgery” of the euro;
Amendment 14
Article 1, indent 4
   - "technical and statistical data” shall mean data as defined in Article 2 of the Council Regulation (EC) No .../2001;
   - "technical and statistical data” shall mean data as defined in Article 2 of the Council Regulation (EC) No .../2001 of …, laying down measures necessary for the protection of the euro against counterfeiting ;
Amendment 15
Article 2, point (a)
   (a) the necessary expert analyses of suspected counterfeit notes are carried out by the National Analysis Centre (NAC) designated pursuant to Article 4(1) of Regulation (EC) No .../2001;
   (a) the necessary expert analyses of suspected counterfeit notes are carried out by the National Analysis Centre (NAC) designated pursuant to Article 4(1) of Regulation (EC) No .../2001 of…, laying down measures necessary for the protection of the euro against counterfeiting ;
Amendment 16
Article 2, point (b)
   (b) the necessary expert analyses of suspected counterfeit coins are carried out by the National Coin Analysis Centre (NCAC) established or designated pursuant to Article 5(1) of Regulation (EC) No .../2001.
   (b) the necessary expert analyses of suspected counterfeit coins are carried out by the National Coin Analysis Centre (NCAC) established or designated pursuant to Article 5(1) of Regulation (EC) No .../2001 of…, laying down measures necessary for the protection of the euro against counterfeiting.
Amendment 17
Article 4, paragraph 3
   3. The competent authorities of the Member States shall exchange with the Provisional Judicial Cooperation Unit and subsequently with Eurojust, once the Decision establishing it has been adopted, all relevant information concerning criminal investigations in order to help establish the facts and ensure effective action against counterfeiting of the euro. Europol and Eurojust shall provide the competent authorities of the Member States with all necessary technical assistance in order to facilitate coordination of investigations undertaken and to improve and facilitate cooperation between the competent investigative and prosecuting bodies of the Member States.
   3. The competent authorities of the Member States shall exchange with the Provisional Judicial Cooperation Unit and subsequently with Eurojust, once the Decision establishing it has been adopted, all relevant information concerning criminal investigations in order to help establish the facts and ensure effective action against counterfeiting of the euro. Europol and the Provisional Judicial Cooperation Unit, and subsequently Eurojust, once the Decision establishing it has been adopted, shall provide the competent authorities of the Member States with all necessary technical assistance in order to facilitate coordination of investigations undertaken and to improve and facilitate cooperation between the competent investigative and prosecuting bodies of the Member States.
Amendment 18
Article 5
Every Member State shall recognise the principle of the recognition of previous convictions under the conditions prescribed by its domestic law and, under those same conditions, shall recognise for the purpose of establishing habitual criminality final sentences handed down in another Member State for the offences referred to in Articles 3 to 5 of the Council Framework Decision 2000/383/JHA, or the offences referred to in Article 3 of the Geneva Convention, irrespective of the currency counterfeited.
Every Member State shall recognise the principle of the recognition of previous convictions under the conditions prescribed by its domestic law and, under those same conditions, shall recognise for the purpose of establishing habitual criminality final sentences handed down in another Member State for the offences referred to in Articles 3 to 5 of the Council Framework Decision 2000/383/JHA of 29 May 2000 or the offences referred to in Article 3 of the Geneva Convention, irrespective of the currency counterfeited.

(1) OJ C 75, 7.3.2001, p. 1.


European Parliament legislative resolution on the Initiative by the Government of the French Republic with a view to adopting a Council Decision on the protection of the euro against counterfeiting (5551/2001 - C5-0054/2001 - 2001/0804(CNS) )

(Consultation procedure)

The European Parliament,

-  having regard to the Initiative by the Government of the French Republic with a view to adopting a Council Decision on the protection of the euro against counterfeiting (5551/2001)(1) ,

-  having regard to Article 34(2)(c) of the EU Treaty,

-  having been consulted by the Council pursuant to Article 39(1) of the EU Treaty (C5-0054/2001 ),

-  having regard to Rules 106 and 67 of its Rules of Procedure,

-  having regard to the report of the Committee on Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0120/2001 ),

1.  Approves the Initiative by the Government of the French Republic as amended;

2.  Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3.  Asks to be consulted again should the Council intend to make substantial modifications to the Initiative by the Government of the French Republic;

4.  Instructs its President to forward its position to the Council, the Commission and the Government of the French Republic.

(1) OJ C 75, 7.3.2001, p. 1.

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