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REPORT (COM(2022)0245 – C90186/2022 – 2022/0167(COD))

On the proposal for a directive of the European Parliament and of the Council on asset recovery and confiscation

A-9-2023-0199

Committee on Civil Liberties, Justice and Home Affairs · Rapporteur: Loránt Vincze

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Parliament's amended version of the Commission proposal for a directive on asset recovery and confiscation lays down minimum rules on tracing, freezing, confiscation and management of criminal property. It broadens the offences covered, adds rules on confiscation without conviction, third-party confiscation and confiscation of property from criminal organisations, and strengthens safeguards for affected persons and victims. It requires Member States to set up national asset recovery strategies, give asset recovery offices access to information, and report statistics to the Commission. It allows confiscated property to be used for public or social purposes, returned to third countries or used for compensation, including for Ukraine's reconstruction.

Committee position. The Committee on Civil Liberties, Justice and Home Affairs adopts Parliament's first-reading position amending the Commission proposal, broadening its scope and adding safeguards, victim rights and asset management rules.

Key points

  1. The directive sets minimum rules on tracing, freezing, confiscation and management of property in proceedings in criminal matters, and on implementing EU restrictive measures.
  2. Its scope covers offences under Article 83(1) TFEU, other EU-harmonised crimes, environmental crime, and additional offences such as illicit trafficking in nuclear materials, ICC crimes, unlawful seizure of aircraft or ships, sabotage, arson, rape, swindling and racism.
  3. Property is defined broadly to include crypto-assets and legal documents in any form; new definitions cover 'public concerned', 'affected person' and 'party closely related to suspected, accused or convicted person'.
  4. Asset recovery offices must be able to trace and identify property, including for restitution and compensation to victims, and to cooperate with the EPPO and other Member States' offices.
  5. Asset recovery offices get access to fiscal, real estate, citizenship, vehicle, commercial, beneficial ownership and social security data, with safeguards and possible delegated acts on request templates.
  6. Information exchange between asset recovery offices must use SIENA, with rules on data minimisation, logging, refusal reasons and use as evidence.
  7. Freezing measures include temporary urgent freezing measures of up to seven days; freezing orders must be validated by a judicial authority if issued by a non-judicial authority and lifted when no longer necessary.
  8. Confiscation rules cover value-based confiscation, third-party confiscation with a burden of proof on closely related parties, and confiscation without conviction where a final conviction is impossible, including a fifteen-year time limit.
  9. Confiscation is possible for property derived from a criminal organisation where a conviction is not possible, with the burden of proof on the prosecution.
  10. Tracing and identification can continue after final conviction or non-conviction confiscation, including to obtain victim compensation; Member States may conclude cost-sharing agreements.
  11. Victims' claims for compensation and restitution take priority; confiscated property may be used for public or social purposes, returned to third countries, or used for compensation and Ukraine's reconstruction.
  12. Member States must adopt national asset recovery strategies, ensure resources and training, keep centralised registries, and collect and transmit detailed statistics to the Commission annually.

Who is affected

  • Member States must transpose the rules, set up strategies, registries and statistics, and ensure resources for asset recovery offices.
  • Asset recovery offices gain powers and access to information, and must cooperate through SIENA and with EU bodies.
  • Affected persons, including third parties, gain rights to be informed, heard and to challenge freezing and confiscation orders.
  • Victims can claim compensation and restitution before confiscation, including in cross-border cases.
  • Third countries may receive returned confiscated assets under return agreements or contributions for reconstruction.

Figures and deadlines

  • EUR 139 billion every year: revenues generated by organised crime.
  • fifteen years: time limit for non-conviction based confiscation where national time limits have expired.
  • seven days: maximum validity of temporary urgent freezing measures.
  • four years: maximum interval for updating national asset recovery strategies.
  • 1 September: annual deadline for transmitting statistics to the Commission.
  • three years: deadline for the Commission's implementation report.
  • four years: deadline for the Commission's evaluation report.

Legal basis: Article 294(2), Article 82(2), Article 83(1) and (2) and Article 87(2) of the Treaty on the Functioning of the European Union.