Proposal for a Directive of the European Parliament and of the Council on combating fraud and counterfeiting of non-cash means of payment and replacing Council Framework Decision 2001/413/JHA
In September 2017, the Commission tabled a Proposal for a Directive on combating fraud and counterfeiting of non-cash means of payment. Once adopted, the Directive shall replace the Framework Decision 2001/413/JHA.
As submitted by the Commission, the proposal has three specific objectives:
1. Ensure that a clear, robust and technology neutral policy/legal framework is in place.
2. Eliminate operational obstacles that hamper investigation and prosecution.
3. Enhance prevention.
Issued on the basis of Article 83(1) TFEU, the Proposal also stems from the need to implement relevant international standards and obligations and address fraud and counterfeiting on non-cash means of payment in an effective manner. It includes provisions on the harmonisation of criminal offences (fraudulent use of payment instruments and offences preparatory to it; offences related to information systems), the penalties thereof, and the liability of legal persons. It also lays down a number of rules concerning jurisdictions and investigation, as well as prevention of crimes and assistance and support to victims.
Reference number: COM(2017) 489 final
Issue date: 13-09-17
Official Journal: Not yet published in the Official Journal