On Monday 3 September, members of the European Parliament civil liberties committee almost unanimously approved (31 votes for and 1 against) the draft report by Sylvia-Yvonne Kaufmann (S&D, Germany) on the directive aimed at combating fraud and counterfeiting of payment means other than cash.
“In today’s vote, we managed to harmonise the definitions of online crime offences throughout the EU, introduce a minimum level for penalties for them and improve the protection of victims of non-cash fraud”, the rapporteur said.
The text of compromise proposes that the minimum prison sentence should be fixed at five, four or three years depending on the infraction in cases where a judge imposes the maximum prison sentence at national level for fraud linked to non-cash payment means such as electronic wallet or card.
MEPs also took a stance in favour of criminalising not only the use but also the possession, sale, acquisition with a view to use, import or distribution of payment means that are stolen or counterfeit.
It should be noted that the European Parliament was in favour of including transactions made in virtual money into the field of infractions – as did the Council which adopted its position in March (see EUROPE 11978).
In her draft report (see EUROPE 11991), Kaufmann paid particular attention to stepping up assistance to victims. On this point, the compromise text kept the same level of ambition, mainly providing for psychological support, financial and legal advice, and free aid for those who do not have sufficient resources.
MEPs also added provisions aimed at facilitating notification of the offence, including the setting in place of secure national systems for online reporting of fraud.
Along the same lines, the text proposes improving prevention and heightening awareness, for example through information campaigns, education and online tools presenting examples of fraud cases.
MEPs approved, moreover, the opening of interinstitutional talks with the Council. These could begin as soon as the Parliament as a whole has given its go-ahead. (Original version in French by Marion Fontana)