14 The Council of Europe Proceeds of Crime
Convention
| (25789)
11060/04
COM(04) 444
| Draft 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
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| Legal base | Article 34(2)(a) EU; unanimity
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| Document originated | 25 June 2004
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| Deposited in Parliament | 5 July 2004
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| Department | Home Office |
| Basis of consideration | EM of 20 July 2004
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| Previous Committee Report | None
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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 | Cleared
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Background
14.1 The 1990 Council of Europe Convention on laundering, search,
seizure and confiscation of the proceeds of crime was ratified
by the UK in September 1992. The purpose of the Convention is
to facilitate international cooperation in relation to investigative
assistance, search, seizure and confiscation of the proceeds of
crime of all types, especially serious crimes and in particular
drug offences, arms dealing, terrorist offences, trafficking in
children and young women and other offences which generate large
profits. Since the adoption of the Convention the EU itself has
adopted a number of instruments designed to achieve broadly the
same objectives under Title VI of the Treaty on European Union.
The Council of Europe Convention is unaffected by the subsequent
legislative measures adopted by the EU.
The document
14.2 The document contains a Commission proposal for a Council
Common Position to coordinate the position of EU Member States
in the negotiations relating to the aspects of the Council of
Europe draft Protocol to the 1990 Convention on laundering, search,
seizure and confiscation of the proceeds of crime that fall under
Title VI of the Treaty on European Union. The purpose of the
proposal is to ensure that there is a coherent and consistent
approach in negotiations at the Council of Europe and to prevent
inconsistencies between the Protocol and other instruments agreed
or under negotiation at EU level.
14.3 Article 1.1 of the Commission proposal provides
that the Union supports the drafting of an additional Protocol
to revise the Convention and advocates its rapid completion.
Article 1.2 provides that the Protocol's provisions on identification,
seizing and confiscation of criminal assets and international
cooperation in criminal matters between law enforcement authorities
must apply equally to the fight against terrorist financing.
Article 1.3 states that the Protocol should address the need to
enhance international cooperation in criminal matters regarding
the provision of information on bank accounts held by any person
who is the subject of a criminal investigation. The latter reflects
provisions on the supply of financial information already accepted
in the EU under the Protocol to the Convention on mutual legal
assistance.
14.4 Article 2 provides that provisions drawn up
in the Protocol should be compatible with instruments drawn up
on the basis of Title VI of the EU Treaty.
14.5 Article 6 states that this Common Position is
without prejudice to the authorisation of the Commission to negotiate
on those parts of the Convention which are covered by Community
law. A separate mandate for the Commission is being negotiated
for that purpose.
The Government's view
14.6 In his Explanatory Memorandum of 20 July 2004
the Parliamentary Under-Secretary of State at the Home Office
(Caroline Flint) welcomes the proposal on behalf of the Government
and writes as follows:
"The Government can agree to the proposed text
of the Common Position. This [position] is suitable for a Common
Position as recognised by the Treaty on European Union and we
have no objection to the (fairly general) principles which the
draft contains."
Conclusion
14.7 We thank the Minister for her clear indication
of the Government's support for the proposed Council Common Position.
We too are happy with the document and have no further questions
for the Minister. Accordingly we clear the document.
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