Considerations on COM(2004)444 - Proposal for a 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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dossier COM(2004)444 - Proposal for a Council Common Position on the negotiations in the Council of Europe relating to the 1990 Convention on ...
document COM(2004)444 EN
date June 30, 2004
 
(1) The European Union regards the prevention of and fight against money laundering and terrorist financing as matters of fundamental importance to the establishment of an area of freedom, security and justice;

(2) The principles and rules in European Union legislation on inter alia prevention of and fight against money laundering, the freezing of assets and the fight against terrorism as well as the Financial Action Task Force 40 Recommendations and 8 Special Recommendations relating to the financing of terrorism and other international legal instruments such as the United Nations Convention against Transnational Organised Crime and the United Nations Convention against Corruption, serve as a basis for the current negotiations on an Additional Protocol revising the 1990 Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime ("the Convention") within the framework of the Council of Europe;

(3) These negotiations will consider modifications of existing provisions of the Convention. In addition, consideration will be given to including measures on prevention of money laundering and financing of terrorism pursuant to the Committee of Experts revised Terms of Reference following the 53rd Plenary Session of the European Committee on Crime Problems;

(4) The Convention is considered to be an acquis of the Union;

(5) There is a need to co-ordinate the position of the Union in the ongoing negotiations, with a view to achieving an optimum result in the negotiation of an Additional Protocol to the Convention;

(6) The Union, in pursuing its objectives, must at the same time ensure consistency with specific commitments entered into as regards the international community and overall external policy as well as internal decisions;

(7) The Union desires to protect its interests and to avoid unnecessary incompatibility between European and international instruments drawn up in the Council of Europe or elsewhere.