Activities of Sylvia-Yvonne KAUFMANN related to 2017/0226(COD)
Reports (1)
REPORT on the 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 PDF (705 KB) DOC (111 KB)
Amendments (12)
Amendment 43 #
Proposal for a directive
Recital 9
Recital 9
(9) Effective and efficient criminal law measures are essential to protect non-cash means of payment against fraud and counterfeiting. In particular, a common criminal law approach is needed to the constituent elements of criminal conduct that contribute to or prepare the way for the actual fraudulent use of means of payment. Behaviour such as the collection and possession of payment instruments with the intention to commit fraud, through, for instance, phishing or skimming, and their distribution, for example by selling credit card information on the internet, should thus be made a criminal offence in its own right without being directly linked to the actual fraudulent use of means of payment. So such criminal conduct should also cover circumstances where possession, procurement or distribution does not necessarily lead to fraudulent use of such payment instruments, if the offender is aware of such a possibility (dolus eventualis). This Directive does not sanction the legitimate use of a payment instrument, including and in relation to the provision of innovative payment services, such as services commonly developed by fintech companies.
Amendment 48 #
Proposal for a directive
Recital 11
Recital 11
(11) It is appropriate to provide for more severe penalties where the crime is committed by a criminal organisation, as defined in Council Framework Decision 2008/841/JHA45 , or where a crime is conducted on a large scale, thus involving extensive or considerable damage to the victims or an aggregate advantage for the offender of at least EUR 20 000. _________________ 45 Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime (OJ L 300, 11.11.2008, p. 42).
Amendment 56 #
Proposal for a directive
Recital 15
Recital 15
(15) Given the need for special tools to effectively investigate fraud and counterfeiting of non-cash means of payment, and their relevance for effective international cooperation between national authorities, adequate investigative tools that are typically used for cases involving organised crime and other serious crime should be available to competent authorities in all Member States for the investigation of such offences. Taking into account the principle of proportionality, the use of such tools in accordance with national law should be commensurate with the nature and gravity of the offences under investigation. In addition, law enforcement authorities and other competent authorities should have timely access to relevant information in order to investigate and prosecute the offences laid down in this Directive.
Amendment 85 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) theft or other unlawful appropriation of a payment instrument; concerning a digital payment instrument, unlawful appropriation shall at least be presumed where access to it has involved the infringement of a security measure;
Amendment 88 #
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) possession, procurement for use,oneself or another, including import, export, sale, transport, and distribution or otherwise making available of af a payment instrument which has been stolen or otherwise unlawfully appropriated, or of a payment instrument counterfeited or falsified payment instrumentby another, in order for it to be used fraudulently.
Amendment 95 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
Member States shall take the necessary measures to ensure that performing or causing a transfer of money, monetary value or virtual currencies, and thereby causing an unlawful loss of property for another person, in order to make an unlawful gain for the perpetrator or a third party is punishable as a criminal offence, when committed intentionally by:
Amendment 98 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) hindering or interfering with the functioning of an information system without the right to do so;
Amendment 99 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) introducing, altering, deleting, transmitting or suppressing computer data without the right to do so.
Amendment 105 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall take the necessary measures to ensure that the attempt to commit an offence referred to in Articles 3 to 6, points (a) and (b) of Article 4 and Article 5 is punishable as a criminal offence.
Amendment 113 #
Proposal for a directive
Article 8 – paragraph 4 – point b
Article 8 – paragraph 4 – point b
(b) they involve extensive or considerable damage or an aggregate advantage of at least EUR 20 000.
Amendment 132 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 142 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall take the necessary measures to ensure that effective investigative tools, such as those which are used in organised crime or other serious crime cases, are available to persons, units or services responsible for investigating or prosecuting the offences referred to in Articles 3 to 7.