Chasing white collar crime across the European Union single market

1) Legal and political background

• Tampere European Council (15 and 16 October 1999): Presidency conclusions

Excerpts. Point 48 of the conclusions:

48. 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.

49. 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.

2) EU legislation, main proposals and Community acts

a. Regulations, Framework Decisions and Decisions.

• 22/07/2003. Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector.
  Official Journal L 192, 22/07/2003 p. 0054 - 0056
• 02/06/2001. 32001F0413. Council Framework Decision of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment.
  Official Journal L 149 , 02/06/2001 P. 0001 - 0004
• 24/10/2000. 32000D0642. Council Decision of 17 October 2000 concerning arrangements for cooperation between financial intelligence units of the Member States in respect of exchanging information.
  Official Journal L 271 , 24/10/2000 P. 0004 - 0006
• 23/12/1995. 31995R2988. Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests.
  Official Journal L 312 , 23/12/1995 p. 0001 - 0004

b. Resolutions.

• 26/10/1998. 51998IP0285. Resolution on the communication from the Commission to the Council and the European Parliament on a Union policy against corruption (COM(97)0192 C4-0273/97).
  Official Journal C 328 , 26/10/1998 p. 0046
• 14/12/1994. 31994Y1214(01). Council Resolution of 6 December 1994 on the legal protection of the financial interests of the Communities.
  Official Journal C 355 , 14/12/1994 p. 0002 - 0003

c. Joint Actions.

• 31/12/1998. 31998E0742. 98/742/JHA: Joint Action of 22 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on corruption in the private sector. (PDF File 38 KB)
  Official Journal L 358 , 31/12/1998 P. 0002 - 0004

d. Recommendations & reports.

• 18/06/2007. COM(2007)328 final. Report from the Commission to the Council based on Article 9 of the Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector. (PDF File 141 KB)
  {SEC (2007) 808} (PDF File 582 KB)
• 23/12/1999. 31999Y1223(01). Council recommendation of 9 December 1999 on cooperation in combating the financing of terrorist groups.
  Official Journal C 373 , 23/12/1999 p. 0001 - 0001
• 15/12/1998. 41998Y1215(01). Explanatory Report on the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union (PDF File 162 KB) (Text approved by the Council on 3 December 1998).
  Official Journal C 391 , 15/12/1998 p. 0001 - 0012
• 22/07/1998. 31998Y0722(02). Special Report No 8/98 on the Commission's services specifically involved in the fight against fraud, notably the 'unité de coordination de la lutte anti- fraude' (UCLAF) together with the Commission's replies (pursuant to Article 188c(4), second subparagraph, of the EC Treaty).
  Official Journal C 230 , 22/07/1998 P. 0001 - 0044
• 15/01/1998. 41998Y0115(02). Explanatory Report on the Protocol to the Convention on the protection of the European Communities' financial interests (Text approved by the Council on 19 December 1997). (PDF File 231 KB)
  Official Journal C 011 , 15/01/1998 p. 0005 - 0012

e. Conventions and protocols.

• 19/07/1997. 41997A0719(02). Second Protocol, drawn up on the basis of Article K.3 of the treaty on European Union, to the Convention on the protection of the European Communities' financial interests - Joint Declaration on Article 13 (2) - Commission Declaration on Article 7.
  Official Journal C 221 , 19/07/1997 p. 0012 - 0022
• 20/05/1997. 41997Y0520(01). Council Act of 29 November 1996 drawing up, on the basis of Article K.3 of the Treaty on European Union, the Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests.
  Official Journal C 151 , 20/05/1997 p. 0001 - 0014
• 20/05/1997. 41997A0520(01). Protocol drawn up on the basis of Article K.3 of the Treaty on European Union, on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the protection of the European Communities' financial interests - Declaration concerning the simultaneous adoption of the Convention on the protection of the European Communities' financial interests and the Protocol on the interpretation by way of preliminary rulings, by the Court of Justice of the European Communities, of that Convention - Declaration made pursuant to Article 2.
  Official Journal C 151 , 20/05/1997 p. 0002 - 0014
• 23/10/1996. 41996A1023(01). Protocol drawn up on the basis of Article K.3 of the Treaty on European Union to the Convention on the protection of the European Communities' financial interests - Statements made by Member States on the adoption of the Act drawing up the Protocol.
  Official Journal C 313 , 23/10/1996 p. 0002 - 0010
• 23/10/1996. 41996Y1023(01). Council Act of 27 September 1996 drawing up a Protocol to the Convention on the protection of the European Communities' financial interests.
  Official Journal C 313 , 23/10/1996 p. 0001 - 0001
• 27/11/1995. 41995Y1127(03). Council Act of 26 July 1995 drawing up the Convention on the protection of the European Communities' financial interests.
  Official Journal C 316 , 27/11/1995 p. 0048 - 0048
• 27/11/1995. 41995A1127(03). Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on the protection of the European Communities' financial interests.
  Official Journal C 316 , 27/11/1995 p. 0049 - 0057

f. Communications

• 28/05/2003. COM (2003) 317(01). Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee on a comprehensive eu policy against corruption

g. Commission Proposals.

• 26/04/2006. COM(2006) 168 final. Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on criminal measures aimed at ensuring the enforcement of intellectual property rights (PDF File 163 KB)
• 12/07/2005. COM (2005) 276 final. Proposal for a Council framework decision to strengthen the criminal law framework to combat intellectual property offences
  {SEC (2005) 848} (PDF File 250 KB)
• 28/12/1999. 51999PC0438. Proposal for a Council framework Decision on combating fraud and counterfeiting of non-cash means of payment.
  Official Journal C 376 E , 28/12/1999 P. 0020 - 0023

h. Member States Initiatives.

• 24/08/2000. 32000Y0824(04). Initiative of the French Republic with a view to adopting a Convention on improving mutual assistance in criminal matters, in particular in the area of combating organised crime, laundering of the proceeds from crime and financial crime. (PDF File 99 KB)
  Official Journal C 243 , 24/08/2000 p. 0011 - 0014

3) Background documents

On EUROPA in SCADplus (information repository on European union policies, institutional questions, dialogue with the citizens fact sheets and guides, database containing up-to-date documentary references)

• Protection of the European Communities' financial interests: a convention
• Protection of the Communities' financial interests
• Combating fraud and counterfeiting of means of payment
• Prevention of payment fraud and counterfeiting of non-cash payments (DG MARKT)

4) International organisations and other links

• Council of Europe
• United Nations
• Europol
• Interpol
• Reporting economic crime online (RECOL): Reporting Economic Crime Online (RECOL) is a Canadian initiative that involves an integrated partnership between International, Federal and Provincial Law Enforcement agencies, as well as with other State agencies and private commercial organizations. Since October 2003, citizens who become victims of economic crime (in particular credit card fraud and identity theft) in Canada or the U.S.A. can file a complaint on-line. When filing the complaint, the victim can immediately send it to some or all the agencies and bodies that might need to know about it. This innovative means of reporting e.g. credit card fraud, accelerates the access of police services to relevant information and facilitates the sharing of information with other agencies and the private sector (e.g. credit card companies, banks, credit reference agencies), subject to the prior consent by the complainant.