Decision 2008/801 - 2008/801/EC: Council Decision of 25 September 2008 on the conclusion of the UN Convention against Corruption - Main contents
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official title
2008/801/EC: Council Decision of 25 September 2008 on the conclusion, on behalf of the European Community, of the United Nations Convention against Corruption| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2008/801 |
| Original proposal | COM(2006)82  |
| CELEX number i | 32008D0801 |
| Document | 25-09-2008 |
|---|---|
| Publication in Official Journal | 29-10-2008; OJ L 287, 29.10.2008,Special edition in Croatian: Chapter 11 Volume 006 |
| Effect | 25-09-2008; Entry into force Date of document |
| End of validity | 31-12-9999 |
29.10.2008 |
EN |
Official Journal of the European Union |
L 287/1 |
COUNCIL DECISION
of 25 September 2008
on the conclusion, on behalf of the European Community, of the United Nations Convention against Corruption
(2008/801/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 47(2), 57(2), 95, 107(5), 179, 181a, 190(5), 195(4), 199, 207(3), 218(2), 279, 280 and 283, in conjunction with the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The elements of the United Nations Convention against Corruption (hereinafter the Convention) which are subject to Community competence were negotiated by the Commission, with the approval of the Council, on behalf of the Community. |
(2) |
The Council authorised the Commission to negotiate the accession of the Community to the Convention in question. |
(3) |
Negotiations were successfully concluded and the resulting instrument has been signed on behalf of the Community on 15 September 2005 subject to a possible conclusion at a later date in accordance with the Council Decision of 10 May 2005 on the signing, on behalf of the European Community, of the United Nations Convention against Corruption. |
(4) |
Some Member States are parties to the Convention while the ratification process is underway in other Member States. |
(5) |
The conditions permitting the Community to deposit the instrument of approval provided for in Article 67(3) of the Convention have been fulfilled. |
(6) |
The Convention should be approved to enable the Community to become a party to it within the limits of its competence. |
(7) |
The Community should, when depositing the instrument of approval, also deposit a declaration on the extent of the European Community's competence with respect to matters governed by the Convention under Article 67(3) thereof. |
(8) |
The Community should, when depositing the instrument of approval, also deposit a statement concerning the settlement of disputes under Article 66(2) of the Convention, |
HAS DECIDED AS FOLLOWS:
Article 1
The United Nations Convention against Corruption is hereby approved on behalf of the Community.
The text of the Convention is set out in Annex I.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to deposit the Community's instrument of formal confirmation in order to bind the Community. The instrument of formal confirmation shall comprise a declaration of competence according to Article 67(3) of the Convention, as set out in Annex II to this Decision. It shall also contain a statement as set out in Annex III to this Decision.
Done at Brussels, 25 September 2008.
For the Council
The President
-
B.HORTEFEUX
-
Opinion of 14 November 2006 (not yet published in the Official Journal).
ANNEX I
UNITED NATIONS CONVENTION AGAINST CORRUPTION
PREAMBLE
THE STATES PARTIES TO THIS CONVENTION,
CONCERNED about the seriousness of problems and threats posed by corruption to the stability and security of societies, undermining the institutions and values of democracy, ethical values and justice and jeopardising sustainable development and the rule of law,
CONCERNED ALSO about the links between corruption and other forms of crime, in particular organised crime and economic crime, including money-laundering,
CONCERNED FURTHER about cases of corruption that involve vast quantities of assets, which may constitute a substantial proportion of the resources of States, and that threaten the political stability and sustainable...
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