L 123/18
EN
Official Journal of the European Union
10.5.2019
DIRECTIVES
DIRECTIVE (EU) 2019/713 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 April 2019
on combating fraud and counterfeiting of non-cash means of payment and replacing Council
Framework Decision 2001/413/JHA
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 83(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Acting in accordance with the ordinary legislative procedure (2),
Whereas:
(1)
Fraud and counterfeiting of non-cash means of payment are threats to security, as they represent a source of
income for organised crime and are therefore enablers for other criminal activities such as terrorism, drug
trafficking and trafficking in human beings.
(2)
Fraud and counterfeiting of non-cash means of payment also represent obstacles to the digital single market, as
they erode consumers' trust and cause direct economic loss.
(3)
Council Framework Decision 2001/413/JHA (3) needs to be updated and complemented in order to include
further provisions on offences in particular with regard to computer-related fraud, and on penalties, prevention,
assistance to victims and cross-border cooperation.
(4)
Significant gaps and differences in Member States' laws in the areas of fraud and of counterfeiting of non-cash
means of payment can obstruct the prevention, detection and sanctioning of those types of crime and other
serious and organised crimes related to and enabled by them, and make police and judicial cooperation more
complicated and therefore less effective, with negative consequences for security.
(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 the areas of fraud and of counterfeiting of non-cash means of payment.
(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 involve 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 those technological developments, on the basis of a technology-neutral approach.
(1) OJ C 197, 8.6.2018, p. 24.
(2) Position of the European Parliament of 13 March 2019 (not yet published in the Official Journal) and decision of the Council of 9 April
2019.
(3) Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment
(OJ L 149, 2.6.2001, p. 1).