COM(2001)771 - Based on Article 11 of the Council's 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

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1. Key information

official title

Report from the Commission based on Article 11 of the Council's 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

Legal instrument	Report
reference by COM-number²⁹⁷	COM(2001)771
Additional COM-numbers	SEC(2001)1999
CELEX number³⁰⁰	52001DC0771

2. Key dates

Document	13-12-2001
Online publication	13-12-2001

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Explanatory memorandum

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Annexes

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1.
OJ L 140, 14.06.2000, p. 1.
2.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
3.
See Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro, OJ L 139 of 11.5.1998, p. 2. Article 12 of this Regulation obliges the participating Member States to ensure adequate sanctions against counterfeiting and falsification of euro banknotes and coins.
4.
(1) the communication of the Commission of 22 July 1998 to the Council, the European Parliament and the European Central Bank entitled 'Protection of the euro - combating counterfeiting' (COM (98) 474 def);
5.
At its meeting held in Nice from 7 to 9 December 2000, conclusion No 34 SN 400/1/00.
6.
Council Regulation EC 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting - OJ L 181/6, 04.07.2001.
7.
Council Regulation EC 1339/2001 of 28 June 2001 extending the effects of Regulation 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting to those Member States which have not adopted the euro as their single currency OJ L 181/11, 04.07.2001.
8.
1999/C/149/02 - OJ C 149, 28.5.1999, p. 16.
9.
2001/C 225/04 - OJ C 225, 10.8.2001.
10.
Initiative by the Government of the French Republic with a view to adopting a Council Decision on the protection of the euro against counterfeiting (OJ C 75/1 of 07.03.2001).
11.
See also chapter 2.1.2 of the Commission's Communication to the European Council (COM (2001) 561 final): the Second report on the preparations for the introduction of euro notes and coins.
12.
Initiative of the Kingdom of Sweden with a view to the adoption of a Council Framework Decision amending Framework Decision 2000/383/JHA on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro, OJ C 225 , 10.8.2001, p.9.
13.
Document 5429/1/99 JUSTPEN 3.
14.
European Central Bank: Report on the legal protection of banknotes in the European Union Member States, November 1999.
15.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
16.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
17.
Article 249 EC Treaty.
18.
See for example the report of the Commission to the Council and the European Parliament on the implementation of Community Waste legislation : Directive 75/422/EEC on waste, Directive 91/689/EEC on hazardous waste, Directive 75/439/EEC on waste oils and Directive 86/278/EEC on sewage sludge for the period 1995-1997 (COM (1999) 752 final).
19.
Article 226 EC Treaty.
20.
See relevant case law on the implementation of directives: Case 48/75 Royer
21.
See relevant case law on the implementation of directives: Case 239/85 Commission v. Belgium
22.
See relevant case law on the implementation of directives for instance Case 29/84 Commission v. Germany
23.
See substantial case law on the implementation of directives, for example : Case 52/75 Commission v. Italy
24.
See PJG Kapteyn and P. Verloren van Themaat Introduction to the Law of the European Communities, third edition, 1998, p. 328.
25.
See Article 3 (1).
26.
See Article 6.
27.
See Article 7 (3).
28.
Article 36 (2) Treaty on European Union.
29.
Article 3 (2).
30.
Article 8.
31.
See for instance:
32.
Article 35 (7) TEU.
33.
No 2623, p. 372. League of Nations Treaty Series 1931.
34.
Article 2 (1) According to Article 2 (2) all Member States who have not yet done so undertake to accede to the 1929 Convention.
35.
It should be noted that for the purpose of the framework Decision '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 (Article 1). Thus accommodating the principle envisaged in the 1929 Convention of equal protection of domestic currency and foreign currency.
36.
OJ L 140, 14.06.2000, p. 1.
37.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
38.
See Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro, OJ L 139 of 11.5.1998, p. 2. Article 12 of this Regulation obliges the participating Member States to ensure adequate sanctions against counterfeiting and falsification of euro banknotes and coins.
39.
OJ L 140, 14.06.2000, p. 1.
40.
At its meeting held in Nice from 7 to 9 December 2000, conclusion No 34 SN 400/1/00.
41.
At its meeting held in Nice from 7 to 9 December 2000, conclusion No 34 SN 400/1/00.
42.
Article 3 (5) : This paragraph concerns criminal activities related to the instruments adapted for counterfeiting.
43.
At its meeting held in Nice from 7 to 9 December 2000, conclusion No 34 SN 400/1/00.
44.
OJ L 140, 14.06.2000, p. 1.
45.
Paris, 13.12.1957, ETS No 024.
46.
OJ L 140, 14.06.2000, p. 1.
47.
OJ L 140, 14.06.2000, p. 1.
48.
Article 3 (4) 1929 Convention.
49.
See inter alia the Commission's communication of 23 July 1998 to the Council, the European Parliament and the European Central Bank entitled 'Protection of the euro - combating counterfeiting' (COM (98) 474 def).
50.
See the Commission's communication of 23 July 1998 to the Council, the European Parliament and the European Central Bank entitled 'Protection of the euro - combating counterfeiting' (COM (98) 474 def).
51.
Article 34 (2) (b) TEU.
52.
According to Article 23 of the 1929 Convention ratification by a State of the Convention implies that its legislation and its administrative organisation are in conformity with the rules of the Convention.
53.
See Table 1.
54.
OJ L 140, 14.06.2000, p. 1.
55.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
56.
OJ L 140, 14.06.2000, p. 1.
57.
Luxembourg is in the process of preparing legislation concerning the liability of legal persons.
58.
France is in the process of preparing legislation concerning Article 4.
59.
OJ L 140, 14.06.2000, p. 1.
60.
OJ L 140, 14.06.2000, p. 1.
61.
OJ L 140, 14.06.2000, p. 1.
62.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
63.
Tables 3 to 7 will be presented in a separate 'document de travail des services de la Commission'.
64.
OJ L 140, 14.06.2000, p. 1.
65.
OJ L 140, 14.06.2000, p. 1.
66.
The legislation of Denmark, France, Austria, the Netherlands, Sweden, Finland and the United Kingdom covers altering with terms such as forgering and counterfeiting. German criminal legislation covers the alteration ('verfälscht') if it creates a higher value (Article 146 (1) no 1 Penal Code.
67.
OJ L 140, 14.06.2000, p. 1.
68.
Portuguese legislation punishes altering only if it results in a higher (nominal) value (Article 262 (2)) Furthermore Portuguese legislation punishes the depreciation of coins (Article 263).
69.
OJ L 140, 14.06.2000, p. 1.
70.
Finnish criminal legislation punishes (only) transfer to another person of counterfeit money (Chapter 37 Section 1 (1)).
71.
OJ L 140, 14.06.2000, p. 1.
72.
The legislation of the United Kingdom on the other hand provides for specific provisions on the importation, landing and unloading and exportation of counterfeited money.
73.
OJ L 140, 14.06.2000, p. 1.
74.
The Spanish Penal Code covers (Article 400) the
75.
OJ L 140, 14.06.2000, p. 1.
76.
OJ L 140, 14.06.2000, p. 1.
77.
OJ L 140, 14.06.2000, p. 1.
78.
OJ L 140, 14.06.2000, p. 1.
79.
Austria adapted its penal legislation to cover components, such as holograms, for the protection against counterfeiting; computer programs should be covered by terms like 'Mittel' or 'Werkzeug'.
80.
Italian legislation covers with broad terms computer programs and has specifically adapted its legislation to cover components, such as holograms, for the protection against counterfeiting.
81.
The Netherlands have adapted the Penal Code to cover computer programs; holograms were considered to be covered by existing penal legislation (Article 214).
82.
Spanish legislation specifically mentions computer programs and only implicitly covers instruments for protection against counterfeiting.
83.
OJ L 140, 14.06.2000, p. 1.
84.
OJ L 140, 14.06.2000, p. 1.
85.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
86.
OJ L 140, 14.06.2000, p. 1.
87.
OJ L 140, 14.06.2000, p. 1.
88.
France is in the process of preparing new legislation in order to comply with Article 4.
89.
Spanish legislation was already in force before the adoption of the framework Decision.
90.
The United Kingdom legislation makes a distinction between notes and coins. The notes are covered -before 1.1.2002- by forgery provisions; coins by counterfeiting provisions.
91.
OJ L 140, 14.06.2000, p. 1.
92.
NB. Some Member States have legislation which is still in the process of formal national adoption, such as Luxembourg and Ireland. Portuguese legislation provides (only) in case of Article 263 Penal Coded for a lower sanction (alteration of the intrinsic value of a coin).
93.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
94.
Biannual update of the scoreboard to review progress on the creation of an area of 'freedom, security and justice' in the European Union (Second half of 2001) COM (2001) 628 final.
95.
Idem p. 5.
96.
OJ L 140, 14.06.2000, p. 1.
97.
OJ L 140, 14.06.2000, p. 1.
98.
The amount of the fine can involve the counterfeited amount (minimum) up to ten times the counterfeited amount (maximum).
99.
OJ L 140, 14.06.2000, p. 1.
100.
OJ L 140, 14.06.2000, p. 1.
101.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
102.
OJ L 140, 14.06.2000, p. 1.
103.
OJ L 140, 14.06.2000, p. 1.
104.
"Extradition shall be granted in respect of offences punishable under the laws of the requesting Party and of the requested Party by deprivation of liberty or under a detention order for a maximum period of at least one year or by a more severe penalty. Where a conviction and prison sentence have occurred or a detention order has been made in the territory of the requesting Party, the punishment awarded must have been for a period of at least four
105.
OJ L 140, 14.06.2000, p. 1.
106.
idem.
107.
OJ L 140, 14.06.2000, p. 1.
108.
OJ L 140, 14.06.2000, p. 1.
109.
OJ L 140, 14.06.2000, p. 1.
110.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
111.
OJ L 140, 14.06.2000, p. 1.
112.
OJ L 140, 14.06.2000, p. 1.
113.
OJ L 140, 14.06.2000, p. 1.
114.
OJ L 140, 14.06.2000, p. 1.
115.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
116.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
117.
OJ C 221, 19.7.1997, p. 11.
118.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
119.
See OJ L 140, 14.6.2000, p. 3.
120.
OJ L 140, 14.06.2000, p. 1.
121.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
122.
Germany is preparing an amendment which should transpose Article 8 (1), third indent, by completing Article 30
123.
OJ L 140, 14.06.2000, p. 1.
124.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
125.
OJ L 140, 14.06.2000, p. 1.
126.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
127.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
128.
OJ L 140, 14.06.2000, p. 1.
129.
OJ L 140, 14.06.2000, p. 1.
130.
OJ L 140, 14.06.2000, p. 1.
131.
OJ L 140, 14.06.2000, p. 1.
132.
OJ L 140, 14.06.2000, p. 1.
133.
OJ L 140, 14.06.2000, p. 1.
134.
OJ L 140, 14.06.2000, p. 1.
135.
OJ L 140, 14.06.2000, p. 1.
136.
OJ L 140, 14.06.2000, p. 1.
137.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
138.
OJ L 140, 14.06.2000, p. 1.
139.
OJ L 140, 14.06.2000, p. 1.
140.
OJ L 140, 14.06.2000, p. 1.
141.
OJ L 140, 14.06.2000, p. 1.
142.
OJ L 140, 14.06.2000, p. 1.
143.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
144.
OJ L 140, 14.06.2000, p. 1.
145.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
146.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
147.
OJ L 140, 14.06.2000, p. 1.
148.
No 2623, p. 372. League of Nations Treaty Series 1931.
149.
OJ L 140, 14.06.2000, p. 1.
150.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
151.
See Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro, OJ L 139 of 11.5.1998, p. 2. Article 12 of this Regulation obliges the participating Member States to ensure adequate sanctions against counterfeiting and falsification of euro banknotes and coins.
152.
(1) the communication of the Commission of 22 July 1998 to the Council, the European Parliament and the European Central Bank entitled 'Protection of the euro - combating counterfeiting' (COM (98) 474 def);
153.
At its meeting held in Nice from 7 to 9 December 2000, conclusion No 34 SN 400/1/00.
154.
Council Regulation EC 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting - OJ L 181/6, 04.07.2001.
155.
Council Regulation EC 1339/2001 of 28 June 2001 extending the effects of Regulation 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting to those Member States which have not adopted the euro as their single currency OJ L 181/11, 04.07.2001.
156.
1999/C/149/02 - OJ C 149, 28.5.1999, p. 16.
157.
2001/C 225/04 - OJ C 225, 10.8.2001.
158.
Initiative by the Government of the French Republic with a view to adopting a Council Decision on the protection of the euro against counterfeiting (OJ C 75/1 of 07.03.2001).
159.
See also chapter 2.1.2 of the Commission's Communication to the European Council (COM (2001) 561 final): the Second report on the preparations for the introduction of euro notes and coins.
160.
Initiative of the Kingdom of Sweden with a view to the adoption of a Council Framework Decision amending Framework Decision 2000/383/JHA on increasing protection by criminal penalties and other sanctions against counterfeiting in connection with the introduction of the euro, OJ C 225 , 10.8.2001, p.9.
161.
Document 5429/1/99 JUSTPEN 3.
162.
European Central Bank: Report on the legal protection of banknotes in the European Union Member States, November 1999.
163.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
164.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
165.
Article 249 EC Treaty.
166.
See for example the report of the Commission to the Council and the European Parliament on the implementation of Community Waste legislation : Directive 75/422/EEC on waste, Directive 91/689/EEC on hazardous waste, Directive 75/439/EEC on waste oils and Directive 86/278/EEC on sewage sludge for the period 1995-1997 (COM (1999) 752 final).
167.
Article 226 EC Treaty.
168.
See relevant case law on the implementation of directives: Case 48/75 Royer
169.
See relevant case law on the implementation of directives: Case 239/85 Commission v. Belgium
170.
See relevant case law on the implementation of directives for instance Case 29/84 Commission v. Germany
171.
See substantial case law on the implementation of directives, for example : Case 52/75 Commission v. Italy
172.
See PJG Kapteyn and P. Verloren van Themaat Introduction to the Law of the European Communities, third edition, 1998, p. 328.
173.
See Article 3 (1).
174.
See Article 6.
175.
See Article 7 (3).
176.
Article 36 (2) Treaty on European Union.
177.
Article 3 (2).
178.
Article 8.
179.
See for instance: ' The implementation of the Corpus Iuris in the Member States, Penal provisions for the protection of European Finances ', Vol. I , Prof. M. Delmas-Marty and Prof. J.A.E. Vervaele, Intersentia Antwerpen.
180.
Article 35 (7) TEU.
181.
No 2623, p. 372. League of Nations Treaty Series 1931.
182.
Article 2 (1) According to Article 2 (2) all Member States who have not yet done so undertake to accede to the 1929 Convention.
183.
It should be noted that for the purpose of the framework Decision '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 (Article 1). Thus accommodating the principle envisaged in the 1929 Convention of equal protection of domestic currency and foreign currency.
184.
OJ L 140, 14.06.2000, p. 1.
185.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
186.
See Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro, OJ L 139 of 11.5.1998, p. 2. Article 12 of this Regulation obliges the participating Member States to ensure adequate sanctions against counterfeiting and falsification of euro banknotes and coins.
187.
OJ L 140, 14.06.2000, p. 1.
188.
At its meeting held in Nice from 7 to 9 December 2000, conclusion No 34 SN 400/1/00.
189.
At its meeting held in Nice from 7 to 9 December 2000, conclusion No 34 SN 400/1/00.
190.
Article 3 (5) : This paragraph concerns criminal activities related to the instruments adapted for counterfeiting.
191.
At its meeting held in Nice from 7 to 9 December 2000, conclusion No 34 SN 400/1/00.
192.
OJ L 140, 14.06.2000, p. 1.
193.
Paris, 13.12.1957, ETS No 024.
194.
OJ L 140, 14.06.2000, p. 1.
195.
OJ L 140, 14.06.2000, p. 1.
196.
Article 3 (4) 1929 Convention.
197.
See inter alia the Commission's communication of 23 July 1998 to the Council, the European Parliament and the European Central Bank entitled 'Protection of the euro - combating counterfeiting' (COM (98) 474 def).
198.
See the Commission's communication of 23 July 1998 to the Council, the European Parliament and the European Central Bank entitled 'Protection of the euro - combating counterfeiting' (COM (98) 474 def).
199.
Article 34 (2) (b) TEU.
200.
According to Article 23 of the 1929 Convention ratification by a State of the Convention implies that its legislation and its administrative organisation are in conformity with the rules of the Convention.
201.
See Table 1.
202.
OJ L 140, 14.06.2000, p. 1.
203.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
204.
OJ L 140, 14.06.2000, p. 1.
205.
Luxembourg is in the process of preparing legislation concerning the liability of legal persons.
206.
France is in the process of preparing legislation concerning Article 4.
207.
OJ L 140, 14.06.2000, p. 1.
208.
OJ L 140, 14.06.2000, p. 1.
209.
OJ L 140, 14.06.2000, p. 1.
210.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
211.
Tables 3 to 7 will be presented in a separate 'document de travail des services de la Commission'.
212.
OJ L 140, 14.06.2000, p. 1.
213.
OJ L 140, 14.06.2000, p. 1.
214.
The legislation of Denmark, France, Austria, the Netherlands, Sweden, Finland and the United Kingdom covers altering with terms such as forgering and counterfeiting. German criminal legislation covers the alteration ('verfälscht') if it creates a higher value (Article 146 (1) no 1 Penal Code.
215.
OJ L 140, 14.06.2000, p. 1.
216.
Portuguese legislation punishes altering only if it results in a higher (nominal) value (Article 262 (2)) Furthermore Portuguese legislation punishes the depreciation of coins (Article 263).
217.
OJ L 140, 14.06.2000, p. 1.
218.
Finnish criminal legislation punishes (only) transfer to another person of counterfeit money (Chapter 37 Section 1 (1)).
219.
OJ L 140, 14.06.2000, p. 1.
220.
The legislation of the United Kingdom on the other hand provides for specific provisions on the importation, landing and unloading and exportation of counterfeited money.
221.
OJ L 140, 14.06.2000, p. 1.
222.
The Spanish Penal Code covers (Article 400) the 'making' and the 'possession' of these means and tools.
223.
OJ L 140, 14.06.2000, p. 1.
224.
OJ L 140, 14.06.2000, p. 1.
225.
OJ L 140, 14.06.2000, p. 1.
226.
OJ L 140, 14.06.2000, p. 1.
227.
Austria adapted its penal legislation to cover components, such as holograms, for the protection against counterfeiting; computer programs should be covered by terms like 'Mittel' or 'Werkzeug'.
228.
Italian legislation covers with broad terms computer programs and has specifically adapted its legislation to cover components, such as holograms, for the protection against counterfeiting.
229.
The Netherlands have adapted the Penal Code to cover computer programs; holograms were considered to be covered by existing penal legislation (Article 214).
230.
Spanish legislation specifically mentions computer programs and only implicitly covers instruments for protection against counterfeiting.
231.
OJ L 140, 14.06.2000, p. 1.
232.
OJ L 140, 14.06.2000, p. 1.
233.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
234.
OJ L 140, 14.06.2000, p. 1.
235.
OJ L 140, 14.06.2000, p. 1.
236.
France is in the process of preparing new legislation in order to comply with Article 4.
237.
Spanish legislation was already in force before the adoption of the framework Decision.
238.
The United Kingdom legislation makes a distinction between notes and coins. The notes are covered -before 1.1.2002- by forgery provisions; coins by counterfeiting provisions.
239.
OJ L 140, 14.06.2000, p. 1.
240.
NB. Some Member States have legislation which is still in the process of formal national adoption, such as Luxembourg and Ireland. Portuguese legislation provides (only) in case of Article 263 Penal Coded for a lower sanction (alteration of the intrinsic value of a coin).
241.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
242.
Biannual update of the scoreboard to review progress on the creation of an area of 'freedom, security and justice' in the European Union (Second half of 2001) COM (2001) 628 final.
243.
Idem p. 5.
244.
OJ L 140, 14.06.2000, p. 1.
245.
OJ L 140, 14.06.2000, p. 1.
246.
The amount of the fine can involve the counterfeited amount (minimum) up to ten times the counterfeited amount (maximum).
247.
OJ L 140, 14.06.2000, p. 1.
248.
OJ L 140, 14.06.2000, p. 1.
249.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
250.
OJ L 140, 14.06.2000, p. 1.
251.
OJ L 140, 14.06.2000, p. 1.
252.
"Extradition shall be granted in respect of offences punishable under the laws of the requesting Party and of the requested Party by deprivation of liberty or under a detention order for a maximum period of at least one year or by a more severe penalty. Where a conviction and prison sentence have occurred or a detention order has been made in the territory of the requesting Party, the punishment awarded must have been for a period of at least four months.' (Article 2 (1)) European Convention on Extradition).
253.
OJ L 140, 14.06.2000, p. 1.
254.
idem.
255.
OJ L 140, 14.06.2000, p. 1.
256.
OJ L 140, 14.06.2000, p. 1.
257.
OJ L 140, 14.06.2000, p. 1.
258.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
259.
OJ L 140, 14.06.2000, p. 1.
260.
OJ L 140, 14.06.2000, p. 1.
261.
OJ L 140, 14.06.2000, p. 1.
262.
OJ L 140, 14.06.2000, p. 1.
263.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
264.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
265.
OJ C 221, 19.7.1997, p. 11.
266.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
267.
See OJ L 140, 14.6.2000, p. 3.
268.
OJ L 140, 14.06.2000, p. 1.
269.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
270.
Germany is preparing an amendment which should transpose Article 8 (1), third indent, by completing Article 30 'Gesetz über Ordnungswidrigkeiten' which deals with the liability of legal persons.
271.
OJ L 140, 14.06.2000, p. 1.
272.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
273.
OJ L 140, 14.06.2000, p. 1.
274.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
275.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
276.
OJ L 140, 14.06.2000, p. 1.
277.
OJ L 140, 14.06.2000, p. 1.
278.
OJ L 140, 14.06.2000, p. 1.
279.
OJ L 140, 14.06.2000, p. 1.
280.
OJ L 140, 14.06.2000, p. 1.
281.
OJ L 140, 14.06.2000, p. 1.
282.
OJ L 140, 14.06.2000, p. 1.
283.
OJ L 140, 14.06.2000, p. 1.
284.
OJ L 140, 14.06.2000, p. 1.
285.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
286.
OJ L 140, 14.06.2000, p. 1.
287.
OJ L 140, 14.06.2000, p. 1.
288.
OJ L 140, 14.06.2000, p. 1.
289.
OJ L 140, 14.06.2000, p. 1.
290.
OJ L 140, 14.06.2000, p. 1.
291.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
292.
OJ L 140, 14.06.2000, p. 1.
293.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
294.
The joint ECOFIN/JHA Council on 16 October 2001 concluded that a report on the implementation by the Member States of the Council Framework Decision of 29 May 2000 will be submitted to the Council in the near future (Part B Policy debate on the protection of the euro against counterfeiting, No 3, doc. 12225/01).
295.
OJ L 140, 14.06.2000, p. 1.
296.
No 2623, p. 372. League of Nations Treaty Series 1931.
297.
De Europese Commissie kent nummers toe aan officiële documenten van de Europese Unie. De Commissie maakt onderscheid in een aantal typen documenten door middel van het toekennen van verschillende nummerseries. Het onderscheid is gebaseerd op het soort document en/of de instelling van de Unie van wie het document afkomstig is.
298.
De Raad van de Europese Unie kent aan wetgevingsdossiers een uniek toe. Dit nummer bestaat uit een vijfcijferig volgnummer gevolgd door een schuine streep met de laatste twee cijfers van het jaartal, bijvoorbeeld 12345/00 - een document met nummer 12345 uit het jaar 2000.
299.
Het interinstitutionele nummer is een nummerreeks die binnen de Europese Unie toegekend wordt aan voorstellen voor regelgeving van de Europese Commissie.
Binnen de Europese Unie worden nog een aantal andere nummerseries gebruikt. Iedere instelling heeft één of meerdere sets documenten met ieder een eigen nummering. Die reeksen komen niet overeen met elkaar of het interinstitutioneel nummer.
300.
Deze databank van de Europese Unie biedt de mogelijkheid de actuele werkzaamheden (workflow) van de Europese instellingen (Europees Parlement, Raad, ESC, Comité van de Regio's, Europese Centrale Bank, Hof van Justitie enz.) te volgen. EURlex volgt alle voorstellen (zoals wetgevende en begrotingsdossiers) en mededelingen van de Commissie, vanaf het moment dat ze aan de Raad of het Europees Parlement worden voorgelegd.
301.
Als dag van bekendmaking van een Europees besluit geldt de dag waarop het besluit in het Publicatieblad wordt bekendgemaakt, en daardoor in alle officiële talen van de Europese Unie bij het Publicatiebureau beschikbaar is.

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