Plenary report, 25 March 2024
On the proposal for a decision of the European Parliament and of the Council amending Directive 2014/62/EU as regards certain reporting requirements
Report A-9-2024-0152 · (COM(2023)0582 – C90382/2023 – 2023/0355(COD))
Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Juan Fernando López Aguilar
AI:In short
Parliament's amended version of the Commission proposal to amend Directive 2014/62/EU on the protection of the euro as regards certain reporting requirements. It changes the legal instrument from a decision to a directive, adds a new recital and amends two others, and adopts its position at first reading. The amendment abolishes the obligation for member states' competent authorities to send the Commission statistical data on counterfeiting offences and on persons prosecuted and convicted, as set out in Article 11 of Directive 2014/62/EU. The rapporteur supports the proposal because the Counterfeiting Monitoring System, a European Central Bank platform, already provides timely and comparable data, and because the change should not lead to cuts in reporting duties under other EU criminal law instruments.
Position. The rapporteur supports the proposal and proposes that it be adopted without amendments, while stressing continued calls on the Commission to monitor transposition and implementation and to act where necessary, including through infringement procedures.
Key points
- Parliament adopts its position at first reading on the proposal to amend Directive 2014/62/EU as regards certain reporting requirements.
- The amended text replaces the word 'Decision' with 'Directive' throughout the Commission proposal.
- A new recital states the directive is based on a careful assessment of the particular circumstances of this legal instrument and is limited to this area of crime.
- The new recital adds that the directive is without prejudice to the need to ensure appropriate levels of reporting obligations in EU criminal law.
- Recital 6 is amended so that Ireland's position under Protocol No 21 refers to taking part in the adoption and application of this Directive, with the alternative wording deleted.
- Recital 7 adds that since the targeted amendment solely concerns a deletion of a reporting obligation, member states do not specifically need to transpose it.
- The Commission proposal abolishes the obligation for member states' competent authorities to transmit statistical data to the Commission on the number of counterfeiting offences and on persons prosecuted and convicted.
- The rapporteur supports the proposal because it does not undermine the policy objectives of Directive 2014/62/EU or the overview and comparability of statistical data on counterfeiting.
- Data exchange is in place through the Counterfeiting Monitoring System, a dedicated ECB platform where member states' authorities register data on counterfeit banknotes and coins under Council Regulation (EC) No 1338/2001.
- The rapporteur understands the proposal should not lead to a systematic reduction or deletion of reporting obligations in other EU criminal law instruments.
- The rapporteur proposes that the Commission proposal be adopted without amendments.
- The rapporteur and the LIBE Committee will continue to call on the Commission to monitor transposition and implementation by member states and to act promptly, including through infringement procedures.
Who is affected
- Member states' competent authorities, which would no longer have to transmit statistical data on counterfeiting offences to the Commission.
- The Commission, which would lose that statistical reporting but keeps an overview through the Counterfeiting Monitoring System.
- Member states, which would not specifically need to transpose the amendment deleting the reporting obligation.
- Ireland, whose participation under Protocol No 21 is described in the amended recital 6.
Figures and deadlines
- Article 11 of Directive 2014/62/EU, which lays down the reporting obligation to be abolished.
- Articles 3(3), 4(2) and 5(2) of Council Regulation (EC) No 1338/2001, under which authorities register data on counterfeit banknotes and coins.
Legal basis. Article 294(2) and Article 83(1) of the Treaty on the Functioning of the European Union.
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Full text
Draft european parliament legislative resolution 27 paragraphs
(COM(2023)0582 – C90382/2023 – 2023/0355(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
–having regard to the Commission proposal to Parliament and the Council (COM(2023)0582),
–having regard to Article 294(2) and Article 83(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90382/2023),
–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
–having regard to Rule 59 of its Rules of Procedure,
–having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0152/2024),
1.Adopts its position at first reading hereinafter set out;
2.Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3.Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Read the rest (15 paragraphs)
Proposal for a decision
Title 1
| Text proposed by the Commission | Amendment |
|---|---|
| Proposal for a | Proposal for a |
| DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL | DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL |
| amending Directive 2014/62/EU as regards certain reporting requirements | amending Directive 2014/62/EU as regards certain reporting requirements |
| (Amendment applies throughout (with the exception of footnotes): replace the words ‘Decision’ throughout the Commission's proposal by the word ‘Directive’.) |
Amendment 2
Proposal for a decision
Recital 4 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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. |
Amendment 3
Proposal for a decision
Recital 6
| Text proposed by the Commission | Amendment |
|---|---|
| (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.” ]. | (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. |
Amendment 4
Proposal for a decision
Recital 7
| Text proposed by the Commission | Amendment |
|---|---|
| (7) Directive 2014/62/EU should therefore be amended accordingly. | (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. |
Explanatory statement 5 paragraphs
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.
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.
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.
For these reasons, the rapporteur is proposing that this Commission proposal be adopted without amendments.
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.
Annex: entities or persons from whom the rapporteur has received input 3 paragraphs
Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that he has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:
| Entity and/or person |
| Commission |
| Council |
The list above is drawn up under the exclusive responsibility of the rapporteur.
Procedure pages
How the committees handled the text, and how their members voted on it.
Procedure – committee responsible 1 paragraph
| Title | Amending Directive 2014/62/EU as regards certain reporting requirements | |
| References | COM(2023)0582 – C9-0382/2023 – 2023/0355(COD) | |
| Date submitted to Parliament | 17.10.2023 | |
| Committee responsible Date announced in plenary | LIBE 20.11.2023 | |
| Committees asked for opinions Date announced in plenary | ECON 20.11.2023 | |
| Not delivering opinions Date of decision | ECON 25.10.2023 | |
| Rapporteurs Date appointed | Juan Fernando López Aguilar 24.10.2023 | |
| Date adopted | 19.3.2024 | |
| Result of final vote | +: –: 0: | 51 0 0 |
| Members present for the final vote | Magdalena Adamowicz, Malik Azmani, Katarina Barley, Pietro Bartolo, Theresa Bielowski, Malin Björk, Karolin Braunsberger-Reinhold, Patrick Breyer, Annika Bruna, Patricia Chagnon, Clare Daly, Anna Júlia Donáth, Lena Düpont, Lucia Ďuriš Nicholsonová, Cornelia Ernst, Sylvie Guillaume, Andrzej Halicki, Evin Incir, Sophia in ‘t Veld, Marina Kaljurand, Assita Kanko, Fabienne Keller, Łukasz Kohut, Jeroen Lenaers, Juan Fernando López Aguilar, Lukas Mandl, Erik Marquardt, Javier Moreno Sánchez, Emil Radev, Paulo Rangel, Isabel Santos, Birgit Sippel, Tineke Strik, Milan Uhrík, Elena Yoncheva, Javier Zarzalejos | |
| Substitutes present for the final vote | Susanna Ceccardi, Gwendoline Delbos-Corfield, José Gusmão, Matjaž Nemec, Jan-Christoph Oetjen, Philippe Olivier | |
| Substitutes under Rule 209(7) present for the final vote | Pablo Arias Echeverría, Gabriele Bischoff, Gilles Boyer, Carlos Coelho, Rosa D’Amato, Radan Kanev, Antonius Manders, Gabriel Mato, Henk Jan Ormel, Dennis Radtke, Antonio Maria Rinaldi | |
| Date tabled | 25.3.2024 |
Final vote by roll call in committee responsible 3 paragraphs
51 · For
- ECR
- Assita Kanko
- ID
- Annika Bruna, Susanna Ceccardi, Patricia Chagnon, Philippe Olivier, Antonio Maria Rinaldi
- No group
- Milan Uhrík
- EPP
- Pablo Arias Echeverría, Karolin Braunsberger-Reinhold, Carlos Coelho, Lena Düpont, Andrzej Halicki, Radan Kanev, Jeroen Lenaers, Antonius Manders, Lukas Mandl, Gabriel Mato, Henk Jan Ormel, Emil Radev, Dennis Radtke, Paulo Rangel, Javier Zarzalejos
- Renew
- Malik Azmani, Gilles Boyer, Anna Júlia Donáth, Lucia Ďuriš Nicholsonová, Sophia in 't Veld, Fabienne Keller, Jan-Christoph Oetjen
- S&D
- Katarina Barley, Pietro Bartolo, Theresa Bielowski, Gabriele Bischoff, Sylvie Guillaume, Evin Incir, Marina Kaljurand, Łukasz Kohut, Juan Fernando López Aguilar, Javier Moreno Sánchez, Matjaž Nemec, Isabel Santos, Birgit Sippel, Elena Yoncheva
- The Left
- Malin Björk, Clare Daly, Cornelia Ernst, José Gusmão
- Greens
- Patrick Breyer, Rosa D'Amato, Erik Marquardt, Tineke Strik
0 · Against
0 · Abstained