Explanatory Memorandum to COM(2004)444 - Proposal for a Council Common Position on the negotiations in the Council of Europe relating to the 1990 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime - Main contents
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dossier | COM(2004)444 - Proposal for a Council Common Position on the negotiations in the Council of Europe relating to the 1990 Convention on ... |
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source | COM(2004)444 ![]() |
date | 30-06-2004 |
Against the background of, on the one hand, the Draft Protocol and, on the other hand, EU legislation developed over the last years, EU Member States should follow a coherent and consistent strategy in the negotiations. Frictions, inconsistencies and contradictions between the intended Protocol and different political and legal instruments at EU level should be prevented. As far as an EU acquis has already been established in the area of fight against the financial aspects of organised crime and terrorism, it should not only be implemented in EU Member States but also considered as a guiding principle for negotiations at international level, in particular in a wider European context. The proposal for a Common Position defining the approach of the Union to the particular matter is necessary.
Contents
Proposal for a COUNCIL COMMON POSITION on the negotiations in the Council of Europe relating to the 1990 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime
THE COUNCIL OF THE EUROPEAN UNION:
Having regard to the Treaty on European Union, Title VI, and in particular Article 34 i (a) thereof,
Having regard to the proposal of the Commission i,
[...] [...], p. [...]
Whereas:
The European Union regards the prevention of and fight against money laundering and terrorist financing as matters of fundamental importance to the establishment of an area of freedom, security and justice;
The principles and rules in European Union legislation on inter alia prevention of and fight against money laundering, the freezing of assets and the fight against terrorism as well as the Financial Action Task Force 40 Recommendations and 8 Special Recommendations relating to the financing of terrorism and other international legal instruments such as the United Nations Convention against Transnational Organised Crime and the United Nations Convention against Corruption, serve as a basis for the current negotiations on an Additional Protocol revising the 1990 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime ("the Convention") within the framework of the Council of Europe;
These negotiations will consider modifications of existing provisions of the Convention. In addition, consideration will be given to including measures on prevention of money laundering and financing of terrorism pursuant to the Committee of Experts revised Terms of Reference following the 53rd Plenary Session of the European Committee on Crime Problems;
The Convention is considered to be an acquis of the Union;
There is a need to co-ordinate the position of the Union in the ongoing negotiations, with a view to achieving an optimum result in the negotiation of an Additional Protocol to the Convention;
The Union, in pursuing its objectives, must at the same time ensure consistency with specific commitments entered into as regards the international community and overall external policy as well as internal decisions;
The Union desires to protect its interests and to avoid unnecessary incompatibility between European and international instruments drawn up in the Council of Europe or elsewhere,
HAS ADOPTED THIS COMMON POSITION:
In the negotiations at the Council of Europe on the Additional Protocol to the 1990 Convention, the Council decides to uphold the following positions:
1. The Union supports the drafting of an Additional Protocol to revise the Convention, currently undertaken within the framework of the Council of Europe, and advocates the rapid completion of the Additional Protocol, in time for the Summit of Heads of State and Government of the Council of Europe in May 2005.
2. As regards terrorist financing, the Additional Protocol should ensure that the Convention's provisions on identification, seizing and confiscation of criminal assets and international co-operation in criminal matters between law enforcement authorities, apply equally to the fight against terrorist financing.
3. The Additional Protocol should address the need to enhance international co-operation in criminal matters regarding the provision of information on bank accounts held by any person who is the subject of a criminal investigation. This should extend to the provision of information on the particulars of specified bank accounts and of banking operations, including the monitoring of banking operations, relevant for the purpose of investigation into one or more offences.
The provisions drawn up in the framework of the Council of Europe shall be compatible with instruments drawn up on the basis of Title VI of the EU Treaty.
The acting Presidency of the Council, assisted by the Commission, shall, in the negotiations in the Council of Europe, co-ordinate positions of the Member States and seeks to arrive at common standpoints on all issues which fall under Title VI of the EU Treaty.
The Member States shall also co-ordinate their positions with work in progress in other international fora, and in particular the FATF.
The Presidency of the Council shall request the associated countries Romania, Bulgaria and Turkey and the EFTA countries to align themselves with this Common Position.
This Common Position is without prejudice to the authorisation of the Commission to negotiate, on behalf of the European Community, those parts of the Convention, which are covered by Community law.
This Common Position shall take effect from the date of its adoption.
Done at Brussels, [...]
The President