Changes from report parliamentary committee draft to plenary report

RemovedArticle 24 – paragraph 2 – subparagraph 1 – point d: (d) appropriate financial resources, appropriate training and appropriate legal capabilities made available to competent authorities;

AddedArticle 24 – paragraph 2 – point b: (b) a governance framework to achieve the strategic objectives and priorities, including an effective cooperation framework between asset recovery offices and asset management offices and a further description of the roles and responsibilities of all the competent authorities and the cooperation between asset recovery offices and financial intelligence units;

Change 24

ChangedArticle 24 – paragraph 2 – subparagraphpoint 1c: –(c) pointappropriate emechanisms afor (new):coordination (ea)and recoursecooperation toat thestrategic possibilityand tooperational uselevels frozenamong andall confiscatedcompetent assetsauthorities forincluding publicthe interestrelevant orUnion socialagencies purposes.and bodies;

Change 25

RemovedArticle 24 – paragraph 2 – subparagraph 2 (new): For the purposes of the first subparagraph, point (b), Member States shall also duly assess the possibility and potential benefits of bringing their asset recovery and asset management offices under a single legal and organisational structure.

AddedArticle 24 – paragraph 2 – point d: (d) appropriate financial resources appropriate training and appropriate legal capabilities made available to competent authorities;

AddedArticle 24 – paragraph 2 – point e a (new): (ea) recourse to the possibility to use frozen and confiscated assets for public interest or social purposes and for compensation, restitution and reparations towards States in accordance with Article 18a;

AddedArticle 24 – paragraph 2 – point e b (new): (eb) measures to be taken to ensure that the confiscated property is used to compensate the victims;

AddedArticle 25 – paragraph 1: Member States shall ensure that asset recovery offices and asset management offices performing tasks pursuant to this Directive, have appropriately qualified and appropriate financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. Member States shall ensure that specialised training and exchanges of best practices is provided to the staff involved in asset identification, tracing and recovery and confiscation at regular intervals. In addition to their obligations under Article 24(2), point (c), Member States shall update the Commission annually on the resources allocated to asset recovery offices and asset management offices.

AddedArticle 26 – paragraph 1: 1. For the purpose of managing frozen and confiscated property, Member States shall put in place centralised registries containing information related to the freezing, confiscation and management of instrumentalities and proceeds, or property which may become or is the object of a freezing or confiscation order. Member State shall ensure that the information entered into the registry is accurate, complete and up-to-date.

Article 26 – paragraph 3 – point b: (b) the estimated or actual value of the property at the moment of the freezing;

Change 26

AddedArticle 26 – paragraph 4 a (new): 4a. Member States shall ensure that any personal data stored in the registry can only be accessed and used for the purposes of freezing, confiscation and management of instrumentalities and proceeds, or property which may become or is the object of a confiscation order.

Article 26 – paragraph 5 a (new): 5a. Member States shall designate the competent authority or authorities responsible for the management of the centralised registries. Those authorities shall be considered to be the controller within the meaning of Article 3, point (8), of Directive (EU) 2016/680.

Change 27

RemovedArticle 27 – paragraph 1: 1. Member States shall regularly collect from the relevant authorities and maintain at central level comprehensive statistics on the measures taken under this Directive in order to review the effectiveness of their confiscation systems.

AddedArticle 26 – paragraph 5 b (new): 5b. Member States shall ensure that the centralised registries referred to in paragraph 1 are compatible with the tools used for the digital communication in judicial cooperation procedures in civil, commercial and criminal matters, such as the decentralised IT system and European electronic access point regulated under Regulation XX/XXX and Directive XX/XXX on the digitalisation of judicial cooperation and access to justice in cross-border civil, commercial and criminal matters, and amending certain acts in the field of judicial cooperation.

RemovedArticle 27 – paragraph 2: 2. Member States shall ensure that the statistics referred to in paragraph 1 are collected on a calendar basis and transmitted to the Commission on an annual basis, by [1 September] of the following year. The statistics collected shall be sent to the Commission each year and shall include for all criminal offences: / (a) the number of freezing orders executed; / (b) the number of confiscation orders executed; / (c) the value of property frozen; / (d) the value of property recovered; / (e) the number of requests for freezing orders to be executed in another Member State; / (f) the number of requests for confiscation orders to be executed in another Member State; / (g) the value of the property recovered following execution in another Member State; / (h) the value of the property destined to be reused for law enforcement, prevention or social purposes; / (i) the number of cases in which confiscation was ordered in correlation with the number of convictions for the criminal offences covered by this Directive; / (j) the number of requests for freezing and confiscation orders rejected by the courts; / (k) the type of use to which the confiscated property has been put; and / (l) the length of the procedures for allocating the confiscated property.

AddedArticle 27 – paragraph 1: 1. Member States shall regularly collect from the relevant authorities and maintain at central level comprehensive statistics on the measures taken under this Directive in order to review the effectiveness of their confiscation systems and in line with the methodology developed by the Commission pursuant to paragraph 3.

RemovedArticle 27 a (new): Article 27a (new) / Platform on asset recovery and confiscation / A platform on asset recovery and confiscation (the ‘platform’) shall be established under the aegis of the Commission. The platform shall be composed of representatives from asset recovery offices and asset management offices and shall be chaired by a representative of the Commission. The platform shall be convened at regular intervals. / The platform shall: / (a) advise the Commission on the implementation of the measures provided for in this Directive; / (b) exchange information on the efficiency and effectiveness of the cooperation with third countries; / (c) analyse the national strategies on asset recovery adopted by Member States pursuant to Article 24 in order to identify best practices. / Representatives from Europol, Eurojust and the European Public Prosecutors Office may be invited to participate in the meetings of the platform.

AddedArticle 27 – paragraph 2: 2. Member States shall ensure that the statistics referred to in paragraph 1 are collected on a calendar basis and transmitted to the Commission on an annual basis, by [1 September] of the following year. The statistics collected shall include at least the following:

Removed(Article 27a (new) is inserted in Chapter VII before Article 28.)

AddedArticle 27 – paragraph 2 – point a (new): (a) the number of asset tracing investigations launched, and the number of asset traced;

RemovedArticle 28 – paragraph 2: 2. Asset recovery offices shall cooperate with Europol, for the purposes of facilitating the identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order made by a competent authority in the course of proceedings in criminal matters, and where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures.

AddedArticle 27 – paragraph 2 – point b (new): (b) the number of freezing orders initiated and number of freezing orders executed;

RemovedArticle 28 – paragraph 2 a (new): 2a. Asset recovery offices and asset management offices shall closely cooperate with Eurojust for the purpose of facilitating the asset recovery process in accordance with Eurojust’s mandate, including, but not limited t,o the tracing and identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order made by a competent authority in the course of proceedings in criminal matters and subsequent disposal, including in the course of the investigation and prosecution of criminal offences related to the violation of Union restrictive measures.

AddedArticle 27 – paragraph 2 – point c (new): (c) the number of confiscation orders executed broken down by type of confiscation referred to in Articles 12 to 16;

RemovedArticle 33 – paragraph 1: 1. The Commission shall, by [date of entry into force + 3 years], submit a report to the European Parliament and to the Council, assessing the implementation of this Directive. The report shall include a detailed assessment of the possibility and benefits of interconnecting the centralised registries referred to in Article 26 through a single access point in order to allow asset recovery offices to directly and immediately search the data contained therein, subject to relevant safeguards.

AddedArticle 27 – paragraph 2 – point d (new): (d) the value of property frozen;

AddedArticle 27 – paragraph 2 – point e (new): (e) for the confiscation orders included in a respective annual report, the value of confiscated property compared to the value of that property at the time of freezing;

AddedArticle 27 – paragraph 2 – point f (new): (f) the number of requests for freezing orders to be executed in another Member State;

AddedArticle 27 – paragraph 2 – point g (new): (g) the number of requests for confiscation orders to be executed in another Member State;

AddedArticle 27 – paragraph 2 – point h (new): (h) the value of the property recovered following execution of a confiscation order in another Member State;

AddedArticle 27 – paragraph 2 – point i (new): (i) the value of the property destined to be reused for law enforcement, prevention or social purposes as referred to in Article 18a;

AddedArticle 27 – paragraph 2 – point j (new): (j) the manner in which the confiscated property has been used ; and

AddedArticle 27 – paragraph 2 – point k (new): (k) for the confiscation orders included in a respective annual report, the length of the procedure from freezing to final disposal.

AddedArticle 27 a (new): Article 27a / Cooperation network on asset recovery and confiscation / 1. A cooperation network on asset recovery and confiscation (the ‘network’) shall be established to support the Commission and to facilitate the exchange of best practices, and operational cooperation in relation to the implementation of this Directive. The network shall be composed of representatives from asset recovery offices and asset management offices and shall be co-chaired by the Commission and, where appropriate, by Europol. The network shall be convened at regular intervals. / The network shall: / (a) advise the Commission in relation to the implementation of the measures provided for in this Directive; / (b) analyse the national strategies on asset recovery adopted by Member States pursuant to Article 24 in order to identify best practices; / (c) share best practices to improve cooperation with third countries; / (d) facilitate operational cooperation among relevant national authories and Europol. / 2. Representatives from Europol, Eurojust, from the European Public Prosecutors Office and, where appropriate, from the Anti-Money Laundering Authority (AMLA) may be invited to participate in the meetings of the network.

AddedArticle 28 – title: Cooperation with Union bodies and agencies

AddedArticle 28 – paragraph 1: 1. Asset recovery offices of Member States shall, within their respective competences and in accordance with the applicable legal framework, closely cooperate with the European Public Prosecutor’s Office for the purposes of facilitating the identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order in proceedings in criminal matters concerning criminal offences falling within the competence of the European Public Prosecutor’s Office exercises its competence. For the purposes of this Directive, when the notion of competent authorities refers to investigating and prosecuting authorities, it shall be interpreted as including the central and decentralised levels of the EPPO with regard to the Member States that participate in the enhanced cooperation on the establishment of the EPPO. Asset recovery offices shall fulfil the obligations under Regulation (EU) 2017/1939, including the obligation to report to the EPPO under Article 24 of that Regulation, the undertaking of measures if instructed as a competent authority under Article 28(1) of that Regulation, and access to information under Article 43(1) of that Regulation.

AddedArticle 28 – paragraph 2: 2. Asset recovery offices shall cooperate with Europol for the purposes of facilitating the identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order made by a competent authority in the course of proceedings in criminal matters, and where necessary to prevent, detect or investigate criminal offences related to the violation of Union restrictive measures.

AddedArticle 28 – paragraph 2 a (new): 2a. Asset recovery offices and asset management offices shall closely cooperate with Eurojust for the purpose of facilitating the asset recovery process in accordance with Eurojust’s mandate, including, but not limited to the tracing and identification of instrumentalities and proceeds, or property that may become or is the object of a freezing or confiscation order made by a competent authority in the course of proceedings in criminal matters and subsequent disposal, including in the course of the investigation and prosecution of criminal offences related to the violation of Union restrictive measures.

AddedArticle 33 – paragraph 1: 1. The Commission shall, by [date of entry into force + three years], submit a report to the European Parliament and to the Council, assessing the implementation of this Directive. That report shall include a detailed assessment of the possibility and benefits of interconnecting the centralised registries referred to in Article 26 through a single access point in order to allow asset recovery offices to directly and immediately search the data contained therein, subject to relevant safeguards.

AddedArticle 33 – paragraph 2: 2. The Commission shall, by [date of entry into force + four years], submit a report to the European Parliament and to the Council evaluating this Directive. The Commission shall take into account the information provided by Member States and any other relevant information related to the transposition and implementation of this Directive. On the basis of this evaluation, the Commission shall decide on appropriate follow-up actions, including, if necessary, a legislative proposal.

Added24.3.2023