WIREDGOV

The Permanent Representatives Committee (COREPER II) on December 3 in Brussels confirmed the compromise agreement with the European Parliament and the European Commission on the Directive on the freezing and confiscation of proceeds of crime in the EU. The directive aims to make it easier and more appropriate for national authorities to confiscate and recover the profits made by criminals from cross-border and organised crime.

“This Directive has been one of the Presidency’s priorities in the Justice area and should provide the Member States with effective tools to strengthen the fight against cross-border and organised crime. This directive, when adopted, will fill the existing gaps in the EU legislation and establish comprehensive and efficient mechanisms for freezing and confiscation of proceeds of crime, knocking a serious blow to the organized crime. Knowing very well the practical impact and advantages of this instrument, the Presidency has devoted special attention to achieve the best possible agreement in the shortest time,” said ambassador Raimundas Karoblis, chair of the Permanent Representatives Committee.

This legislative proposal, when adopted, should allow the Member States use more efficient measures to tackle cross-border and organised crime as well as the financial motivation of the whole criminality to ensure that any financial crime does not pay off.

The Directive establishes the rules on freezing of property with a view to possible later confiscation and confiscation as such, value-based confiscation, extended powers of confiscation and confiscation from a third party. It also provides more possibilities for confiscating the proceeds of crime in cases of the flight of the person concerned or illness. Extensive list of safeguards and the comprehensive statistics-gathering mechanism also have been put in place. Moreover, the Member States should also consider taking measures allowing confiscated property to be used in the public interest or for social purposes.

The EU roadmap for the cooperation in Justice and Home Affairs, the Stockholm Programme, called on the Commission and the Member States to make the confiscation of criminal assets more efficient and to strengthen cooperation between the asset recovery offices. The Commission presented the proposal for the Directive in March 2012 and the Council reached the agreement in December 2012. After the European Parliament adopted its orientation vote in May 2013, the Lithuanian Presidency on behalf of the Council entered into negotiations with the EP with the aim of reaching an agreement on the text in first reading before the end of the year.

The Directive will be formally adopted in the coming months after the confirmation by the plenary of the European Parliament.