Directive 2019/713 - Combating fraud and counterfeiting of non-cash means of payment - Main contents
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official title
Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019 on combating fraud and counterfeiting of non-cash means of payment and replacing Council Framework Decision 2001/413/JHA| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2019/713 |
| Original proposal | COM(2017)489  |
| CELEX number i | 32019L0713 |
| Document | 17-04-2019; Date of signature |
|---|---|
| Publication in Official Journal | 10-05-2019; OJ L 123 p. 18-29 |
| Signature | 17-04-2019 |
| Effect | 30-05-2019; Entry into force Date pub. +20 See Art 22 |
| Deadline | 31-08-2019; At the latest See Art 18.1 31-05-2023; See Art 21.1 31-05-2026; See Art 21.2 |
| End of validity | 31-12-9999 |
| Transposition | 31-05-2021; Adoption See Art 20.1 |
10.5.2019 |
EN |
Official Journal of the European Union |
L 123/18 |
DIRECTIVE (EU) 2019/713 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 April 2019
on combating fraud and counterfeiting of non-cash means of payment and replacing Council Framework Decision 2001/413/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 Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1) |
Fraud and counterfeiting of non-cash means of payment are threats to security, as they represent a source of income for organised crime and are therefore enablers for other criminal activities such as terrorism, drug trafficking and trafficking in human beings. |
(2) |
Fraud and counterfeiting of non-cash means of payment also represent obstacles to the digital single market, as they erode consumers' trust and cause direct economic loss. |
(3) |
Council Framework Decision 2001/413/JHA (3) needs to be updated and complemented in order to include further provisions on offences in particular with regard to computer-related fraud, and on penalties, prevention, assistance to victims and cross-border cooperation. |
(4) |
Significant gaps and differences in Member States' laws in the areas of fraud and of counterfeiting of non-cash means of payment can obstruct the prevention, detection and sanctioning of those types of crime and other serious and organised crimes related to and enabled by them, and make police and judicial cooperation more complicated and therefore less effective, with negative consequences for security. |
(5) |
Fraud and counterfeiting of non-cash means of payment have a significant cross-border dimension, accentuated by an increasing digital component, which underlines the need for further action to approximate criminal legislation in the areas of fraud and of counterfeiting of non-cash means of payment. |
(6) |
Recent years have brought not only an exponential increase in the digital economy, but also a proliferation of innovation in many areas, including payment technologies. New payment technologies involve the use of new types of payment instruments, which, while creating new opportunities for consumers and businesses, also increase opportunities for fraud. Consequently, the legal framework must remain relevant and up-to-date against the background of those technological developments, on the basis of a technology-neutral approach. |
(7) |
Fraud is not only used to fund criminal groups, but also limits the development of the digital single market and makes citizens more reluctant to make online purchases. |
(8) |
Common definitions in the areas of fraud and of counterfeiting of non-cash means of payment are important to ensure a consistent approach in Member States' application of this Directive and to facilitate information exchange and cooperation between competent authorities. The definitions should cover new types of non-cash payment instruments which allow for transfers of electronic money and virtual currencies. The definition of non-cash payment instruments should acknowledge that a non-cash payment instrument may consist of different elements acting together, for example a mobile payment application and a corresponding authorisation (e.g. a password). Where this Directive uses the concept of a non-cash payment instrument, it should be understood that the instrument puts the holder or user of the instrument in a position to actually enable a transfer of money or... |
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