|Author (Corporate)||Council of the European Union, European Parliament|
|Series Title||Official Journal of the European Union|
|Series Details||L 123|
Directive of the European Parliament and of the Council of 17 April 2019 replacing Council Framework Decision 2001/413/JHA.
Background and further information:
The current EU legislation that provides common minimum rules to criminalise non-cash payment fraud is Council Framework Decision 2001/413/JHA on combating fraud and counterfeiting of non-cash means of payment (CFD). The European Agenda on Security acknowledges that the CFD no longer reflects today’s realities and insufficiently addresses new challenges and technological developments such as virtual currencies and mobile payments.
It is important to deal effectively with non-cash payment fraud as it represents a threat to security. Non-cash payment fraud provides income for organised crime and therefore enables other criminal activities such as terrorism, drug trafficking and trafficking in human beings. In addition, non-cash payment fraud hinders the development of the digital single market.
An evaluation of the current EU legislative framework identified three problems that are driving the current situation concerning non-cash payment fraud in the EU: (1) Some crimes cannot be effectively investigated and prosecuted under the current legal framework; (2) Some crimes cannot be effectively investigated and prosecuted due to operational obstacles; and (3) Criminals take advantage of gaps in prevention to commit fraud.
The proposed Directive has three specific objectives that address the problems identified: (1) Ensure that a clear, robust and technology neutral policy/legal framework is in place; (2) Eliminate operational obstacles that hamper investigation and prosecution; and (3) Enhance prevention.
|Subject Categories||Justice and Home Affairs|
|Subject Tags||Police | Judicial Cooperation|
|International Organisations||European Union [EU]|