13 Amendments of Maria GRAPINI related to 2017/0226(COD)
Amendment 30 #
Proposal for a directive
Recital 1
Recital 1
(1) Fraud and counterfeiting of non- cash means of payment is a threat to security and to citizens, as it represents a source of income for organised crime and is therefore an enabler for other criminal activities such as terrorism, drug trafficking and trafficking in human beings.
Amendment 33 #
Proposal for a directive
Recital 4
Recital 4
(4) Significant gaps and differences in Member States’ laws in the area of fraud and counterfeiting of non-cash means of payment may hamper the fight against this type of crime and other serious and organised crimes related to and enabled by it, and may complicate effective police and judicial cooperation in this area with a direct impact on citizens' security.
Amendment 35 #
Proposal for a directive
Recital 5
Recital 5
(5) Fraud and counterfeiting of non- cash means of payment have a significant cross-border dimension, accentuated by an increasing digital component, which underlines the need for further action to approximate criminal legislation in this areafield on the EU internal market.
Amendment 36 #
Proposal for a directive
Recital 6
Recital 6
(6) Recent years have brought not only an exponential increase in the digital economy but also a proliferation of innovation in many areas, including payment technologies. New payment technologies entail the use of new types of payment instruments, which, while creating new opportunities for consumers and businesses, also increase opportunities for fraud. Consequently, the legal framework must remain relevant and up- to-date against the background of thesereflect these ongoing technological developments.
Amendment 47 #
Proposal for a directive
Recital 10
Recital 10
(10) The sanctions and penalties for fraud and counterfeiting of non-cash means of payment should be effective, proportionate and dissuasive throughout the Union in order to discourage fraud of this type.
Amendment 49 #
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 210 000. _________________ 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 61 #
Proposal for a directive
Recital 18
Recital 18
(18) A number of instruments and mechanisms exist at Union level to enable the exchange of information among national law enforcement authorities to investigate and prosecute crimes. To facilitate and speed up cooperation among national law enforcement authorities and make sure that those instruments and mechanisms are used to their fullest extent, this Directive should strengthen the importance of the operational points of contact introduced by Council Framework Decision 2001/413/JHA. Member States may decide to make use of the existing network of operational points of contact, such as that set up in Directive 2013/40/EU of the European Parliament and of the Council48 . They should provide effective assistance, for example facilitating the exchange of relevant information and the provision of technical advice or legal information. To ensure the network runs smoothly, each point of contact should be able to communicate quickly with the point of contact of another Member State. Given the significant trans-border dimension of this area of crime and in particular the volatile nature of the electronic evidence, Member States should be able to promptly deal with urgent requests from this network of points of contact and provide feedback within eight hours, in order to prevent any increase in the financial damage or in potential terrorist acts. _________________ 48 Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA (OJ L 218, 14.8.2013, p. 8).
Amendment 81 #
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) fraudulent use of another person's identity (identity theft).
Amendment 100 #
Proposal for a directive
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) entering false information on the identity of the person transferring money or the person to whom money is being transferred.
Amendment 107 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Member States shall take the necessary measures to ensure that the offences referred to in Articles 3, 4 and 5 are punishable by a maxinimum term of imprisonment of at least threewo years.
Amendment 110 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall take the necessary measures to ensure that the offences referred to in Article 6 are punishable by a maxinimum term of imprisonment of at least twoone years.
Amendment 111 #
Proposal for a directive
Article 8 – paragraph 4 – introductory part
Article 8 – paragraph 4 – introductory part
4. Member States shall take the necessary measures to ensure that offences referred to in Articles 3, 4 and 5 are punishable by a maxinimum term of imprisonment of at least fivthree years if:
Amendment 114 #
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 210 000.