Considerations on COM(2023)582 - Amendment of Directive 2014/62/EU as regards certain reporting requirements

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(1)Reporting requirements play a key role in ensuring proper monitoring and correct enforcement of legislation. However, it is important to streamline those requirements, in order to ensure that they fulfil the purpose for which they were intended and to limit the administrative burden. 

(2)Article 11 of Directive 2014/62/EU of the European Parliament and of the Council 5  requires Member States to transmit statistical data to the Commission, at least every two years, on the number of offences concerning counterfeit notes and coins and the number of persons prosecuted for and convicted in connection with those offences.

(3)With regard to euro-counterfeiting, there are already reporting obligations on the number of confiscated counterfeit coins and banknotes in place, namely in Article 3(1) of Council Regulation (EC) No 1338/2001 6 . The size and trends of the phenomenon as such is well documented and known to the competent national authorities. For this specific area of crime, the obligation to report statistical data on criminal proceedings is therefore not essential to ensure that the objectives of Directive 2014/62/EU are achieved and monitored.

(4)Therefore, the requirement under Article 11 of Directive 2014/62/EU should be abolished, in line with the Commission’s Communication on ‘Long-term competitiveness of the EU: looking beyond 2030’ 7 .

(5)In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union (‘TEU’) and to the Treaty on the Functioning of the European Union (‘TFEU’), Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(6)[“In accordance with Article 3 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, Ireland has notified its wish to take part in the adoption and application of this Decision ”OR “In accordance with Articles 1 and 2 of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, and without prejudice to Article 4 of that Protocol, Ireland is not taking part in the adoption of this Decision and is not bound by it or subject to its application.” ].

(7)Directive 2014/62/EU should therefore be amended accordingly,