Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA

A new Directive 2014/62/EU entered into force on 22 May 2014. This Directive is meant to boost the protection of the euro against counterfeiting by criminal law measures.

The Directive replaces Framework Decision 2000/383/JHA and supplements and helps implement the 1929 Geneva Convention on the suppression of counterfeiting. The new measures include tougher sanctions for criminals and improved tools for cross-border investigation.

The Directive obliges Member States to make the following conduct punishable:

• fraudulent making or altering of currency (production of counterfeits)
• distribution of counterfeit currency
• making and possessing counterfeiting equipment
• fraudulent making of notes and coins not yet issued

The Directive also:

• sets the minimum standard for maximum penalties of imprisonment in Member States: maximum penalty of at least eight years for production and at least five years for distribution of fake notes and coins;
• ensures that special investigative tools that are used for organised crime cases can be used also in serious cases of counterfeiting, thus improving the quality of cross-border investigations;
• makes it possible to analyse seized counterfeits earlier during judicial proceedings, which improves detection of counterfeit euros and prevents their circulation;
• requires Member States to collect data on the number of counterfeiting offences, persons prosecuted and convicted, and transmit these data to the Commission.