Directive 2014/42 - Freezing and confiscation of instrumentalities and proceeds of crime in the EU - Main contents
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Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2014/42 |
| Original proposal | COM(2012)85  |
| CELEX number i | 32014L0042 |
| Document | 03-04-2014 |
|---|---|
| Publication in Official Journal | 29-04-2014; OJ L 127 p. 39-50 |
| Effect | 19-05-2014; Entry into force Date pub. +20 See Art 15 |
| Deadline | 04-10-2018; Review |
| End of validity | 21-05-2024; Partial replacement See 32024L1260 Art. 36.1 31-12-9999 |
| Transposition | 04-10-2015; At the latest See Art 12 |
29.4.2014 |
EN |
Official Journal of the European Union |
L 127/39 |
DIRECTIVE 2014/42/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 3 April 2014
on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2) and Article 83(1) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
The main motive for cross-border organised crime, including mafia-type criminal organisation, is financial gain. As a consequence, competent authorities should be given the means to trace, freeze, manage and confiscate the proceeds of crime. However, the effective prevention of and fight against organised crime should be achieved by neutralising the proceeds of crime and should be extended, in certain cases, to any property deriving from activities of a criminal nature. |
(2) |
Organised criminal groups operate without borders and increasingly acquire assets in Member States other than those in which they are based and in third countries. There is an increasing need for effective international cooperation on asset recovery and mutual legal assistance. |
(3) |
Among the most effective means of combating organised crime is providing for severe legal consequences for committing such crime, as well as effective detection and the freezing and confiscation of the instrumentalities and proceeds of crime. |
(4) |
Although existing statistics are limited, the amounts recovered from proceeds of crime in the Union seem insufficient compared to the estimated proceeds. Studies have shown that, although regulated by Union and national law, confiscation procedures remain underused. |
(5) |
The adoption of minimum rules will approximate the Member States’ freezing and confiscation regimes, thus facilitating mutual trust and effective cross-border cooperation. |
(6) |
The Stockholm Programme and the Justice and Home Affairs Council Conclusions on confiscation and asset recovery adopted in June 2010 emphasise the importance of a more effective identification, confiscation and re-use of criminal assets. |
(7) |
The current Union legal framework on freezing, seizure and confiscation of assets consists of Joint Action 98/699/JHA (4), Council Framework Decision 2001/500/JHA (5), Council Framework Decision 2003/577/JHA (6), Council Framework Decision 2005/212/JHA (7) and Council Framework Decision 2006/783/JHA (8). |
(8) |
The Commission implementation reports on Framework Decisions 2003/577/JHA, 2005/212/JHA and 2006/783/JHA show that existing regimes for extended confiscation and for the mutual recognition of freezing and confiscation orders are not fully effective. Confiscation is hindered by differences between Member States’ law. |
(9) |
This Directive aims to amend and expand the provisions of Framework Decisions 2001/500/JHA and 2005/212/JHA. Those Framework Decisions should be partially replaced for the Member States bound by this Directive. |
(10) |
Member States are free to bring confiscation proceedings which are linked to a criminal case before any competent court. |
(11) |
There is a need to clarify the existing concept of proceeds of crime to include the direct proceeds from criminal activity and all indirect benefits, including subsequent reinvestment or transformation of... |
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