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REPORT (COM(2023)0582 – C90382/2023 – 2023/0355(COD))

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

A-9-2024-0152

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Juan Fernando López Aguilar

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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.

Committee 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

  1. Parliament adopts its position at first reading on the proposal to amend Directive 2014/62/EU as regards certain reporting requirements.
  2. The amended text replaces the word 'Decision' with 'Directive' throughout the Commission proposal.
  3. 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.
  4. The new recital adds that the directive is without prejudice to the need to ensure appropriate levels of reporting obligations in EU criminal law.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. The rapporteur understands the proposal should not lead to a systematic reduction or deletion of reporting obligations in other EU criminal law instruments.
  11. The rapporteur proposes that the Commission proposal be adopted without amendments.
  12. 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.