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[FYI] Tampere Results: "A Unionwide Fight Against Crime"
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- Date: Tue, 19 Oct 1999 09:34:10 +0200
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C. A UNIONWIDE FIGHT AGAINST CRIME
The European Council is deeply committed to reinforcing the fight
against serious organised and transnational crime. The high level of
safety in the area of freedom, security and justice presupposes an
efficient and comprehensive approach in the fight against all forms
of crime. A balanced development of unionwide measures against crime
should be achieved while protecting the freedom and legal rights of
individuals and economic operators.
Preventing crime at the level of the Union
The European Council calls for the integration of crime prevention
aspects into actions against crime as well as for the further
development of national crime prevention programmes. Common
priorities should be developed and identified in crime prevention in
the external and internal policy of the Union and be taken into
account when preparing new legislation.
The exchange of best practices should be developed, the network of
competent national authorities for crime prevention and co-operation
between national crime prevention organisations should be
strengthened and the possibility of a Community funded programme
should be explored for these purposes. The first priorities for this
co-operation could be juvenile, urban and drug-related crime.
Stepping up co-operation against crime
Maximum benefit should be derived from co-operation between Member
States' authorities when investigating cross-border crime in any
Member State. The European Council calls for joint investigative
teams as foreseen in the Treaty to be set up without delay, as a
first step, to combat trafficking in drugs and human beings as well
as terrorism. The rules to be set up in this respect should allow
representatives of Europol to participate, as appropriate, in such
teams in a support capacity.
The European Council calls for the establishment of a European Police
Chiefs operational Task Force to exchange, in co-operation with
Europol, experience, best practices and information on current trends
in cross-border crime and contribute to the planning of operative
Europol has a key role in supporting unionwide crime prevention,
analyses and investigation. The European Council calls on the Council
to provide Europol with the necessary support and resources. In the
near future its role should be strengthened by means of receiving
operational data from Member States and authorising it to ask Member
States to initiate, conduct or coordinate investigations or to create
joint investigative teams in certain areas of crime, while respecting
systems of judicial control in Member States.
To reinforce the fight against serious organised crime, the European
Council has agreed that a unit (EUROJUST) should be set up composed
of national prosecutors, magistrates, or police officers of
equivalent competence, detached from each Member State according to
its legal system. EUROJUST should have the task of facilitating the
proper coordination of national prosecuting authorities and of
supporting criminal investigations in organised crime cases, notably
based on Europol's analysis, as well as of co-operating closely with
the European Judicial Network, in particular in order to simplify the
execution of letters rogatory. The European Council requests the
Council to adopt the necessary legal instrument by the end of 2001.
A European Police College for the training of senior law enforcement
officials should be established. It should start as a network of
existing national training institutes. It should also be open to the
authorities of candidate countries.
Without prejudice to the broader areas envisaged in the Treaty of
Amsterdam and in the Vienna Action Plan, the European Council
considers that, with regard to national criminal law, efforts to
agree on common definitions, incriminations and sanctions should be
focused in the first instance on a limited number of sectors of
particular relevance, such as financial crime (money laundering,
corruption, Euro counterfeiting), drugs trafficking, trafficking in
human beings, particularly exploitation of women, sexual exploitation
of children, high tech crime and environmental crime.
Serious economic crime increasingly has tax and duty aspects. The
European Council therefore calls upon Member States to provide full
mutual legal assistance in the investigation and prosecution of
serious economic crime.
The European Council underlines the importance of addressing the
drugs problem in a comprehensive manner. It calls on the Council to
adopt the 2000-2004 European Strategy against Drugs before the
European Council meeting in Helsinki.
Special action against money laundering
Money laundering is at the very heart of organised crime. It should
be rooted out wherever it occurs. The European Council is determined
to ensure that concrete steps are taken to trace, freeze, seize and
confiscate the proceeds of crime.
Member States are urged to implement fully the provisions of the
Money Laundering Directive, the 1990 Strasbourg Convention and the
Financial Action Task Force recommendations also in all their
The European Council calls for the Council and the European
Parliament to adopt as soon as possible the draft revised directive
on money laundering recently proposed by the Commission.
With due regard to data protection, the transparency of financial
transactions and ownership of corporate entities should be improved
and the exchange of information between the existing financial
intelligence units (FIU) regarding suspicious transactions expedited.
Regardless of secrecy provisions applicable to banking and other
commercial activity, judicial authorities as well as FIUs must be
entitled, subject to judicial control, to receive information when
such information is necessary to investigate money laundering. The
European Council calls on the Council to adopt the necessary
provisions to this end.
The European Council calls for the approximation of criminal law and
procedures on money laundering (e.g. tracing, freezing and
confiscating funds). The scope of criminal activities which
constitute predicate offences for money laundering should be uniform
and sufficiently broad in all Member States.
The European Council invites the Council to extend the competence of
Europol to money laundering in general, regardless of the type of
offence from which the laundered proceeds originate.
Common standards should be developed in order to prevent the use of
corporations and entities registered outside the jurisdiction of the
Union in the hiding of criminal proceeds and in money laundering. The
Union and Member States should make arrangements with third country
offshore-centres to ensure efficient and transparent co-operation in
mutual legal assistance following the recommendations made in this
area by the Financial Action Task Force.
The Commission is invited to draw up a report identifying provisions
in national banking, financial and corporate legislation which
obstruct international co-operation. The Council is invited to draw
necessary conclusions on the basis of this report.
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