Directive 2014/62 - Protection of the euro and other currencies against counterfeiting by criminal law - Main contents
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Contents
official title
Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2014/62 |
| Original proposal | COM(2013)42  |
| CELEX number i | 32014L0062 |
| Document | 15-05-2014 |
|---|---|
| Publication in Official Journal | 21-05-2014; OJ L 151 p. 1-8 |
| Effect | 22-05-2014; Entry into force Date pub. + 1 See Art 15 |
| Deadline | 23-05-2019; Review |
| End of validity | 31-12-9999 |
| Transposition | 23-05-2016; At the latest See Art 14 |
21.5.2014 |
EN |
Official Journal of the European Union |
L 151/1 |
DIRECTIVE 2014/62/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 15 May 2014
on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 83(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Central Bank (1),
Having regard to the opinion of the European Economic and Social Committee (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
As the single currency shared by the Member States of the euro area, the euro has become an important factor in the Union's economy and the everyday life of its citizens. However, since its introduction in 2002, as a currency continuously targeted by organised crime groups active in money counterfeiting, counterfeiting of the euro has caused financial damage of at least EUR 500 million. It is in the interests of the Union as a whole to oppose and pursue any activity that is likely to jeopardise the authenticity of the euro by counterfeiting. |
HAVE ADOPTED THIS DIRECTIVE:
Article 1
Subject matter
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of counterfeiting of the euro and other currencies. It also introduces common provisions to strengthen the fight against those offences and to improve investigation of them and to ensure better cooperation against counterfeiting.
Article 2
Definitions
For the purposes of this Directive the following definitions apply:
(a) |
‘currency’ means notes and coins, the circulation of which is legally authorised, including euro notes and coins, the circulation of which is legally authorised pursuant to Regulation (EC) No 974/98; |
(b) |
‘legal person’ means any entity having legal personality under the applicable law, except for States or public bodies in the exercise of State authority and for public international organisations. |
Article 3
Offences
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1.Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally:
(a) |
any fraudulent making or altering of currency, whatever means are employed; |
(b) |
the fraudulent uttering of counterfeit currency; |
(c) |
the import, export, transport, receiving or obtaining of counterfeit currency with a view to uttering the same and with knowledge that it is counterfeit; |
(d) |
the fraudulent making, receiving, obtaining or possession of
|
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2.Member States shall take the necessary measures to ensure that the conduct referred to in points (a), (b) and (c) of paragraph 1 is punishable also with respect to notes or coins being manufactured or having been manufactured by use of legal facilities or materials in violation of the rights or the conditions under which competent authorities may issue notes or coins.
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3.Member States shall take the necessary measures to ensure that the conduct referred to in paragraphs 1 and 2 is punishable also in relation to notes and coins which are not yet issued, but are designated for circulation...
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