Select Committee on European Union Fortieth Report


PROCEEDS FROM CRIME AND THE FINANCING OF TERRORISM (12467/05)

Letter from the Chairman to Paul Goggins MP, Parliamentary Under Secretary of State, Home Office

  Thank you for your letter dated 15 December[175] which was considered by Sub-Committee E (Law and Institutions) at its meeting of 18 January 2006.

  You confirm that the Community is well able to provide information on the division of competences under this Convention. We would be grateful to receive information on the allocation of competence, as envisaged in paragraph 307 of the Explanatory Report accompanying the Convention.

  In the meantime, we will retain this document under scrutiny.

19 January 2006

Letter from Paul Goggins MP to the Chairman

  Thank you for your letter of 19 January concerning the allocation of competence between the Member States and the Community in respect of Convention 198.

  The Commission sought a negotiating mandate in 2004 authorising it to negotiate on behalf of the Community aspects of the Additional Protocol to the Council of Europe Convention. The Additional Protocol became the Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds of Crime (CETS 198).

  The Convention is concerned with criminal law matters, which generally fall outside of Community competence. However, there is some Community competence in relation to the Convention insofar as it relates to areas covered by the internal Community rules on money laundering (see Directive 91/308/EEC on prevention of the use of the financial system for the purpose of money laundering, as amended by Council Directive 2001/97/EC, and further as amended by the third money laundering Directive 2005/60/EC).

This applies to Articles 1(f), 12, 13 and 14 of the new Convention (CETS 198).

  My officials have approached the Commission for further information about the division of competence between the Community and its Member States, as envisaged in paragraph 307 of the Explanatory Report accompanying the Convention. We await their reply.

  I hope this information is of assistance.

9 February 2006

Letter from the Chairman to Paul Goggins MP

  Thank you for your letter of 9 February which was considered by Sub-Committee E (Law and Institutions) at its meeting on 1 March. We note that your officials have now sought clarification from the Commission concerning the division of competence between the Community and its members in relation to the revised Convention. We look forward to receiving a copy of the Commission's opinion together with your comments on it.

  The Committee decided to retain the proposal under scrutiny.

2 March 2006



175   Correspondence with Ministers, 45th Report of Session 2005-06, HL Paper 243, p 463. Back


 
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