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Changes between two versions

What changed between the plenary report and the adopted text

From · plenary report· 25 Mar 2024

A-9-2024-0152

on the proposal for a decision of the European Parliament and of the Council amending Directive 2014/62/EU as regards certain reporting requirements

To · adopted text· 23 Apr 2024

TA-9-2024-0300

Amending Directive 2014/62/EU as regards certain reporting requirements

Changes to the text itself, in document order. Cover page, citations and punctuation-only edits are left out; they are under “Every difference”.

The changes · 1

Change 1

Removed:Title 1: DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL / (Amendment applies throughout (with the exception of footnotes): replace the words ‘Decision’ throughout the Commission's proposal by the word ‘Directive’.)

Added:P9_TC1-COD(2023)0355

Removed:Recital 4 a (new): (4a) This Directive is based on a careful assessment of the particular circumstances of this legal instrument and limited to this area of crime. It is without prejudice to the need to ensure appropriate levels of reporting obligations in the field of EU criminal law.

Added:Position of the European Parliament adopted at first reading on 23 April 2024 with a view to the adoption of Directive (EU) 2024/… of the European Parliament and of the Council amending Directive 2014/62/EU as regards certain reporting requirements

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Removed:Recital 6: (6) In accordance with Article 3 and Article 4a (1) 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 Directive.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2024/2808.)

Removed:Recital 7: (7) Directive 2014/62/EU should therefore be amended accordingly. Since the targeted amendment of that Directive solely concerns a deletion of a reporting obligation, there is no specific need for the Member States to transpose the amendment.

Removed:This proposal for a Decision to amend Directive 2014/62/EU on the protection of the euro is part of a package of proposals adopted by the Commission that seek to rationalise and simplify reporting requirements on companies and public administrations, in line with the Commission’s Communication on the ‘Long-term competitiveness of the EU: looking beyond 2030’ (COM(2023)168). The rapporteur can fully support the general objective of reducing administrative burden and streamlining legislation, where this well justified and has no negative impact on policy objectives.

Removed:In this specific case, the Commission proposes to abolish the obligation for Member States’ competent authorities to transmit statistical data to the Commission on the number of counterfeiting offences and on the number of persons prosecuted and convicted of the counterfeiting offences, as laid down in Article 11 of Directive 2014/62/EU. The rapporteur can support this proposal, given that it will not undermine the policy objectives of Directive 2014/62/EU nor the overview and comparability of statistical data used to monitor the phenomenon of counterfeiting. In particular, the timely exchange of full, up-to-date and comparable data at national and European level is in place via the Counterfeiting Monitoring System, a dedicated ECB platform, where Member States’ authorities register data on counterfeit banknotes and coins on a regular basis, in accordance with Articles 3(3), 4(2) and 5(2) of Council Regulation (EC) No 1338/2001 laying down measures necessary for the protection of the euro against counterfeiting. This centralised information is made available to the Member States, the Commission and Europol. It is complemented by public reports and the collection of qualitative information in expert groups, and enables the Commission to have an overview of the size and trends of the counterfeiting phenomenon, to monitor the situation, and to assess the effectiveness of the overall EU legislative framework in place.

Removed:The rapporteur’s support for this proposal is also based on the clear understanding that - as the Commission has itself emphasised - this proposal should in no way lead to a systematic reduction or deletion of reporting obligations provided for in other EU criminal law instruments.

Removed:For these reasons, the rapporteur is proposing that this Commission proposal be adopted without amendments.

Removed:The rapporteur nonetheless wishes to stress that he - and the LIBE Committee as a whole - will continue to call on the Commission to effectively monitor the proper transposition and implementation by Member States of EU law, and to take prompt and adequate action where necessary, including by launching infringement procedures.