Policies to engage governmental and regulatory bodies responsible for granting licences,
authorisations, procurement contracts or subsidies should be developed (the 'administrative
approach') to protect the economy against infiltration by criminal networks. The
Commission will give practical support to Member States by establishing in 2011 a network
of national contact points to develop best practices, and by sponsoring pilot projects on
practical issues.
Counterfeit goods generate large profits for organised crime groups, distort the single market's
trade patterns, undermine European industry and put the health and safety of European
citizens at risk. The Commission will therefore, in the context of its forthcoming action plan
against counterfeiting and piracy, take all appropriate initiatives to foster more effective
enforcement of intellectual property rights. Meanwhile, to combat the sale of counterfeit
goods on the internet, Member States' customs administrations and the Commission should
adapt laws where necessary, establish contact points in national customs and exchange best
practices.
Action 3: Confiscate criminal assets
To combat the financial incentive of criminal networks Member States must do all they can to
seize, freeze, manage and confiscate criminal assets, and ensure that they do not return to
criminal hands.
To this end the Commission will propose legislation in 2011 to strengthen the EU legal
framework11 on confiscation, in particular to allow more third-party confiscation12 and
extended confiscation13 and to facilitate mutual recognition of non-conviction-based14
confiscation orders between Member States.
Member States must15 by 2014 establish Asset Recovery Offices equipped with the
necessary resources, powers and training, and the ability to exchange information. The
Commission will develop common indicators by 2013, against which Member States should
evaluate the performance of these offices. Moreover, Member States should also by 2014
make the necessary institutional arrangements, for example by creating asset management
offices, to ensure that frozen assets do not loose their value before they are eventually
confiscated. In parallel, the Commission will in 2013 provide best practice guidance on how
to prevent criminal groups from reacquiring confiscated assets.
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Framework Decision 2001/500/JHA on money laundering and confiscation.
Third party confiscation involves the confiscation of assets that have been transferred by an investigated
or convicted person to third parties.
Extended confiscation is the ability to confiscate assets which go beyond the direct proceeds of a crime
so that there is no need to establish a connection between suspected criminal assets and a specific
criminal conduct.
Non-conviction based procedures allow to freeze and confiscate asset irrespective of a prior conviction
of the owner in a criminal court.
Council Decision 2007/845/JHA requires each Member State to set up at least one Asset Recovery
Office on its territory.
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