3.EXECUTION OF CONFISCATION ORDERS
(24206)
15884/02
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Draft Framework Decision on the execution in the European Union of confiscation orders.
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| Legal base: | Articles 31 (a) and 34 (2) (b) EU; unanimity; consultation
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| Document originated: | (b) 20 December 2002
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| Deposited in Parliament: | (b) 24 January 2003
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| Department: | Home Office
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| Basis of consideration: | Minister's letter of 17 March 2003
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| Previous Committee Report: | See also (23635) 9955/02 and (23973) 13772/02; HC 63-vii (2002-03), paragraph 9 (15 January 2003); HC 63-xiii (2002-03); paragraph 8 (26 February 2003)
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| To be discussed in Council: | No date fixed
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| Committee's assessment: | Legally and politically important
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| Committee's decision: | Not cleared; further information awaited
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Background
3.1 The proposed framework decision forms part of a programme
of measures to assist in the fight against organised crime and
money laundering and to implement the principle of mutual recognition
in criminal matters.
3.2 When we last considered the current revised version
of the proposed measure on 26 February, we agreed with the Government's
remaining concerns about the proposal. These related, first, to
the compatibility of aspects of the proposal with the Proceeds
of Crime Act 2002 and, secondly, to the question of allocating
the proceeds from execution of a confiscation order in another
Member State. In relation to the second matter we asked the Minister
to explain the Government's position on how a balance should be
struck between the conflicting aims of reimbursing the executing
State for the cost of tracing and confiscation, whilst ensuring
an adequate return for the issuing State.
The Minister's letter
3.3 The Parliamentary Under-Secretary of State (Anti-Drugs
Coordination and Organised Crime), Home Office (Mr Bob Ainsworth),
in his letter of 17 March 2003, has provided further details concerning
the Government's views on how confiscated assets should be shared
between issuing and executing States. The Minister writes:
"The UK can accept asset sharing with a fixed 50% return
net of costs of a confiscated amount to the state issuing the
request. This arrangement provides a step forward for asset sharing
amongst EU Member States, whilst guaranteeing an adequate return
for the issuing state and ensuring that all costs are reimbursed
to the executing state.
"Therefore we support the current proposal in article 14
which provides that when the amount confiscated is above a certain
threshold, a fixed percentage of the net assets will be returned
to the issuing state. We have made our position clear regarding
the need to ensure a fixed rate of 50% for returns and that all
returns are net of costs.
"However there is a wide range of views on this point amongst
the Member States. Discussions continue in the working group and
I will of course keep you fully informed of future developments
regarding this Framework Decision."
Conclusion
3.4 We thank the Minister for his reply to our request
for further information and his explanation of the Government's
position on how confiscated assets should be allocated between
issuing and executing States.
3.5 We note that on this issue there remains a wide
range of views amongst Member States and that negotiations on
the new revised proposal are ongoing. We further note that, on
a previous occasion, the Government also expressed concern about
the compatibility of aspects of the current version of the proposal
with the Proceeds of Crime Act 2002.
3.6 We look forward to receiving, in due course, further
information about the Government's progress in securing amendments
which would meet its remaining reservations about the proposal.
We shall hold the document under scrutiny until receipt of the
further information and deposit of a revised proposal.
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