6 Protecting the euro against counterfeiting
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14811/04
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| Draft Council Decision on protecting the Euro against counterfeiting by designating Europol as the central office for combating Euro counterfeiting
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| Legal base | Articles 30(1)(c) and 34(2)(c) EU; — ; unanimity
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| Deposited in Parliament | 3 March 2005
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| Department | Home Office |
| Basis of consideration | EM of 11 March 2005
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| Previous Committee Report | None
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| To be discussed in Council | April
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| Committee's assessment | Legally important
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| Committee's decision | Not cleared; further information requested
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Background
6.1 The 1928 Geneva Convention for the Prevention of Counterfeiting
Currency makes provision for the parties to the Convention to
have central offices to collect and exchange information relevant
to the prevention and investigation of counterfeiting. The UK
and most of the Member States of the EU are parties to the Convention
but some are not.
6.2 Article 30(1)(c) of the Treaty on European Union
provides that police cooperation is to include cooperation and
joint initiatives in training, the exchange of liaison officers,
secondments, the use of equipment and forensic research. Article
34(2)(c) of the Treaty provides that the Council may adopt Decisions
to prevent and combat crime through common action by Member States,
including cooperation between national law enforcement authorities
and between them and Europol.
The document
6.3 This draft Decision stems from an initiative
by the governments of Germany, Spain, France, Italy and the United
Kingdom.
6.4 The draft Decision would:
- require all member States to
accede to the Geneva Convention for the Prevention of Counterfeiting
Currency; and
- require all Member States to make a declaration
that Europol is to perform their "central office functions"
under the Convention.
6.5 The effect of the requirement for Member States
to make the declaration is that Europol, rather than the Member
State, would be responsible for collating and disseminating information
relevant to preventing counterfeiting of the euro. This would
include informing third countries about such things as the discovery
of counterfeit euros, new issues of euro currency and the withdrawal
of currency. The United Kingdom would remain responsible for these
functions in relation to its own currency. All Member States would
retain the central role in conducting the investigation of counterfeiting.
The Government's view
6.6 The Parliamentary Under-Secretary of State at
the Home Office (Caroline Flint) tells us that the Government
welcomes the draft Decision, which would enable the Convention
to be applied more effectively. The UK already supplies Europol
with all its data about counterfeiting the euro.
6.7 The Minister apologises for the fact that the
document was not deposited in Parliament until 3 March 2005 even
though it originated on 30 November 2004. She says that the delay
was caused by an oversight in her Department.
6.8 Two legal bases are cited for the proposal. The
Minister tells us that the Government considers that one of them
— Article 30(1)(c) of the EU Treaty — is inappropriate
because it is concerned with cooperation in police training, the
exchange of liaison officers, secondments, the use of equipment
and forensic research. The Government will raise this during the
negotiations on the draft Decision.
Conclusion
6.9 We see no difficulty with the substance of
the draft Decision. There is, however, one point of legal importance.
We agree with the Government that Article 30(1)(c) of the EU Treaty
appears to be an inappropriate legal base for the measure. Accordingly,
we ask the Minister to tell us the outcome of the Government's
negotiations on the point. Meanwhile, we shall keep the document
under scrutiny.
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