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DRAFT 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

LIBE-PR-758979

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

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The rapporteur's draft report supports the Commission proposal to amend Directive 2014/62/EU by abolishing the obligation for member states' authorities to send the Commission statistical data on counterfeiting offences and on persons prosecuted and convicted. The rapporteur proposes that Parliament adopt its first-reading position taking over the Commission proposal without amendments. He supports the proposal because the Counterfeiting Monitoring System, a European Central Bank platform, already provides timely, comparable data on counterfeit banknotes and coins. He says the proposal must not lead to a systematic reduction or deletion of reporting obligations in other EU criminal law instruments, and calls on the Commission to keep monitoring member states' implementation of EU law.

Committee position. The rapporteur proposes that Parliament adopt its first-reading position taking over the Commission proposal without amendments, while stressing continued monitoring of member states' implementation of EU law.

Key points

  1. The draft report concerns a Commission proposal for a decision amending Directive 2014/62/EU on the protection of the euro as regards certain reporting requirements.
  2. The proposal is part of a Commission package to rationalise and simplify reporting requirements on companies and public administrations, linked to the Communication on the long-term competitiveness of the EU.
  3. 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, as laid down in Article 11 of Directive 2014/62/EU.
  4. The rapporteur supports the abolition because it would not undermine the directive's policy objectives or the overview and comparability of statistical data used to monitor counterfeiting.
  5. Data exchange is ensured through the Counterfeiting Monitoring System, a dedicated European Central Bank platform where member states' authorities register data on counterfeit banknotes and coins under Council Regulation (EC) No 1338/2001.
  6. This centralised information is available to member states, the Commission and Europol, and is complemented by public reports and qualitative information collected in expert groups.
  7. The rapporteur's support rests on the understanding that the proposal should not lead to a systematic reduction or deletion of reporting obligations in other EU criminal law instruments.
  8. The rapporteur proposes that the Commission proposal be adopted without amendments.
  9. The rapporteur and the LIBE Committee will continue to call on the Commission to monitor member states' transposition and implementation of EU law 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 and prosecutions and convictions to the Commission.
  • The Commission, which would lose that statistical reporting but continues to receive data through the Counterfeiting Monitoring System.
  • Companies and public administrations, which the wider simplification package aims to relieve of reporting requirements.

Legal basis: Article 294(2) and Article 83(1) of the Treaty on the Functioning of the European Union.