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DRAFT 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

LIBE-PR-742501

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

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This is the rapporteur's draft report on the proposed directive on asset recovery and confiscation. It proposes amendments to widen the crimes covered, give asset recovery offices broader access to information, and allow confiscation without a conviction. The amendments add new offences to the directive's scope, including illicit trafficking in nuclear or radioactive materials, crimes within the jurisdiction of the International Criminal Court, unlawful seizure of aircraft or ships, and sabotage. They require asset recovery offices to have direct access to a wide range of registers and databases, and make the use of SIENA mandatory for exchanges between offices. They set rules on confiscation from third parties, confiscation without a conviction, and confiscation of property linked to criminal organisations, and require Member States to adopt national asset recovery strategies. They require Member States to use confiscated property for public interest or social purposes, to respect victims' claims and restitution, and to return assets originating in a third country. They set up a platform on asset recovery and confiscation under the Commission and require Member States to collect and transmit detailed statistics.

Committee position. The rapporteur proposes to amend the Commission proposal to widen the crimes covered, broaden asset recovery offices' access to information, set rules on third-party and non-conviction based confiscation, require national strategies, and provide for victims' compensation and the reuse of confiscated property.

Key points

  1. The draft resolution adopts Parliament's position at first reading on the proposed directive on asset recovery and confiscation.
  2. It calls on the Commission to refer the matter to Parliament again if it replaces or substantially amends its proposal.
  3. The amendments add to the directive's scope illicit trafficking in nuclear or radioactive materials, crimes within the jurisdiction of the International Criminal Court, unlawful seizure of aircraft or ships, and sabotage.
  4. Asset recovery offices are to have direct access to fiscal data, real estate, citizenship and population, vehicle, commercial, beneficial ownership, social security and bank account registers, and direct or indirect access to mortgage, currency, securities, customs and court information.
  5. Information under the directive is to be exchanged through SIENA, and asset recovery offices are to have direct access to it.
  6. Confiscation from third parties is to be enabled where a national court establishes, on concrete facts, that they knew or could be expected to have known the transfer aimed to avoid confiscation or that the property was linked to criminal conduct.
  7. Confiscation without a prior conviction is to be possible where national time limits have expired and are no longer than 15 years, and where the court is satisfied all elements of the offence are present.
  8. Confiscation is to be possible where the court is satisfied the frozen property derives from a criminal offence committed in the framework of a criminal organisation and liable to give substantial economic benefit.
  9. Member States are to allow confiscated property to be used for public interest or social purposes, and to return assets originating in a third country, possibly retaining a portion to cover costs.
  10. Member States are to take measures so that victims' claims for compensation are taken into account before final confiscation, and to restitute property to victims where possible.
  11. Member States are to adopt a national strategy on asset recovery within one year of entry into force and update it at intervals of no longer than three years.
  12. A platform on asset recovery and confiscation is to be established under the Commission, and Member States are to collect and transmit detailed statistics annually.

Who is affected

  • Member States, which must set up asset recovery and management offices, adopt national strategies and collect statistics.
  • Asset recovery offices, which gain direct access to registers and databases and must use SIENA.
  • Suspected or accused persons and third parties, who may face confiscation of property.
  • Victims of crime, whose claims for compensation and restitution are to be respected before final confiscation.
  • Third countries, to which confiscated assets originating there are to be returned.

Figures and deadlines

  • 15 years: time limit for national time limits to allow confiscation without a prior conviction.
  • one year after the entry into force of this Directive: deadline for Member States to adopt a national strategy on asset recovery.
  • three years: maximum interval for updating the national strategy on asset recovery.
  • 1 September: annual deadline for transmitting statistics to the Commission.
  • date of entry into force + 3 years: deadline for the Commission to submit a report on implementation.

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