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eucrim                               2011 /
THE EUROPEAN CRIMINAL LAW ASSOCIATIONS‘ FORUM
                                                                      4

Focus:  Sanctions
Dossier particulier: Sanctions
Schwerpunktthema: Sanktionen

The Civil Asset Forfeiture Approach to Organised Crime –
Exploring the Possibilities for an EU Model
Dr. Jon Petter Rui

The Isolation of Dutch Environmental Criminal Law
Rob de Rijck

Terrorism Lists and Freezing of Assets – Getting Behind Appearances
Réno Pijnen, LL.M, M.Phil.
2011 / 4             ISSUE / ÉDITION / AUSGABE

Contents

News*                                                                                                  Articles
European Union                                                                                         Sanctions

Foundations                                          Procedural Criminal Law                           153 The Civil Asset Forfeiture Approach
134 Reform of the European Union                     144    Procedural Safeguards                          to Organised Crime – Exploring
134 Enlargement of the EU                            146    Data Protection                                the Possibilities for an EU Model
135 Schengen                                         147    Victim Protection                              Dr. Jon Petter Rui
                                                     148    Freezing of Assets
Institutions                                                                                           162 The Isolation of Dutch Environmental
136   Commission                                     Cooperation                                           Criminal Law
137   Court of Justice of the EU                     148 Judicial Cooperation                              Rob de Rijck
137   OLAF                                           149 European Arrest Warrant
138   Europol                                        149 Law Enforcement Cooperation                   167 Terrorism Lists and Freezing of Assets –
139   Eurojust                                                                                             Getting Behind Appearances
141   European Judicial Network                                                                            Réno Pijnen, LL.M, M.Phil.
141   Frontex

Specific Areas of Crime /                            Council of Europe
Substantive Criminal Law
141   Protection of Financial Interests
142   Corruption                                     Foundations                                        Imprint
142   Organised Crime                                151 Reform of the European
144   Environmental Crime                                Court of Human Rights
144   Sexual Violence                                151 Other Human Rights Issues
144   Racism and Xenophobia /
      Violent Extremism                              Procedural Criminal Law

* News contain internet links referring to more detailed information. These links can be easily accessed either by clicking on the respective ID-number
of the desired link in the online-journal or – for print version readers – by accessing our webpage www.mpicc.de/eucrim/search.php and then entering
the ID-number of the link in the search form.
Editorial

Dear Readers,

It is a great pleasure and honour for me to address these in-       also be applied to corpora-
troductory remarks to you on the central topic of the present       tions and other legal enti-
issue of eucrim: “sanctions.” Traditionally, the imposition of      ties. Nevertheless, although
sanctions for certain offences by administrative authorities        administrative fines can be
was considered only in special cases. But with the advent of        even higher than criminal
the welfare state and, as a consequence of the expansive state      ones, criminal sanctions are
intervention, sets of administrative laws and regulations were      usually harsher, and they
increasingly introduced, thus establishing new duties and pro-      include a component of so-
hibitions that needed for their reinforcement the provision of      cial blame that is not easily
adequate responses to violations. Therefore, a great develop-       found in connection with
ment in administrative penal law took place, particularly in        administrative sanctions.
certain areas (inter alia the protection of the environment dur-
ing the last decades of the 20th century). Furthermore, this de-    Deciding when a particular José Luis de la Cuesta
velopment coincided with the tendency to move away from             offence should be dealt with
criminal law, which was consistent with promoting the use of        by means of the criminal law or according to administrative
purely civil penalties or administrative sanctions in order to      measures thus constitutes an important element of criminal
decriminalise less serious offences.                                policy. In practice, it has been proven in several cases that the
                                                                    most adequate solution is promoting synergies and combin-
The enforcement of administrative sanctions is usually con-         ing advantages and disadvantages of both regimes. A high
sidered to be faster, less costly, and less complex than criminal   risk of overlapping and possible substantive ne bis in idem
proceedings. However, and in any case, as the International         is inherent, however, to the coexistence of criminal and non-
Association of Penal Law (AIDP-IAPL) declared at its Six-           criminal sanctions in the same field. The adequate regulation
teenth International Congress (Budapest 1999), the use of           of the treatment of those cases in which the same act meets
non-criminal sanctions “in order to circumvent the guarantees       the definition of both an administrative penal infraction and
of substantive and procedural criminal law” should always be        a criminal offence – the three levels of identity characteristic
avoided. In this context, the way in which certain legal orders     of bis in idem being present – is therefore essential. Priority is
have evolved in relation to confiscation – changing its juridi-     generally given to the criminal investigation, paralysing the
cal nature to elude criminal procedure guarantees in order to       administrative one and making the administrative procedure
cover the individual’s total assets – is not a good example and     dependent on the evidence proven in the criminal process.
needs to be criticized. In fact, administrative-penal law (and,     However, when the criminal proceedings are initiated after the
in general, any sanctioning law) should be always respectful of     execution of the administrative sanction and it is impossible to
the principle of legality, proportionality, and other fundamen-     bar the criminal prosecution itself, “full credit should be given,
tal guarantees and subjected to judicial review.                    in sentencing on a subsequent conviction, for any sanction al-
                                                                    ready imposed in relation to the same act,” as established by
Even if the lack of resources for inspections and the absence       the Fourteenth International Congress of Penal Law (Vienna
of political will and transparency in decision-making repre-        1989).
sent key obstacles to their efficient enforcement, relevant Eu-
ropean reports underline that administrative sanctions cannot
be considered less deterrent and less effective than criminal       Prof. Dr. Dr. h.c. José Luis de la Cuesta
ones. In those systems in which the criminal responsibility         President AIDP-IAPL, Director of the Basque Institute
of legal persons is not foreseen, administrative sanctions can      of Criminology, University of the Basque Country, Spain

                                                                                                                  eucrim 4 / 2011   | 133
News
Actualités / Kurzmeldungen

                                                                                          harmonised to some extent), according
                                                                                          to the Commission, it has been estab-
                                                                                          lished that EU criminal law measures
                                                                                          are required. Plans have also been made
                                                                                          to reflect on how criminal law could
                                                                                          contribute to the economic recovery by
                                                                                          helping tackle the illegal economy and
   European Union*                                                                        financial criminality. Harmonised policy
                                                                                          areas such as road transport, data protec-
   Reported by Dr. Els De Busser (EDB), Sabrina Staats (ST),
   and Cornelia Riehle (CR)                                                               tion, and environmental protection are
                                                                                          among those listed as areas in which the
                                                                                          potential role of criminal law could be
                                                                                          explored further.
   Foundations                               ity of adopting measures supported by a         In a next step, the Commission will
                                             qualified majority of the Member States      draft “sample language” in cooperation
                                             has also changed the legal framework.        with the EP and the Council in order
Reform of the European Union                 Important limits to adopting criminal        to ensure consistency and coherency in
                                             law measures are the Charter of Fun-         drafting EU legislation. Additionally,
Commission Presents Strategy and             damental Rights and the “emergency           the Commission will set up an expert
Principles for Building an EU Criminal       brake” mechanism. The latter allows a        group that should assist in ensuring the
Policy                                       Member State to refer a proposal to the      implementation of EU law in national
On 20 September 2011, the European           European Council if it considers the fun-    criminal justice systems. (EDB)
Commission presented a communica-            damental aspects of its national criminal    eucrim ID=1104001
tion entitled “Towards an EU Criminal        justice system to be affected by the pro-
Policy: Ensuring the effective imple-        posed legislation.
mentation of EU policies through crimi-         The Commission’s communication
nal law” (COM(2011) 573 final). The          highlights the scope of EU criminal law      Enlargement of the EU
EU institutions have been adopting legal     and the principles it should abide by
instruments in the field of criminal law     such as the subsidiarity principle and the   Progress for Western Balkans
for many years but never defined a co-       principle that criminal law should be a      and Iceland but not for Turkey
herent and consistent policy in this area.   last resort. With regard to these princi-    The enlargement of the EU towards the
With this communication, for the first       ples, the Commission distinguishes be-       Balkan area continues with the Commis-
time, a genuine plan was drafted con-        tween the decision on whether to adopt       sion recommending open accession ne-
taining the strategy and principles the      criminal law measures at all and the         gotiations with Montenegro and granting
Commission intends to apply when us-         decision on what kind of criminal law        candidate status to Serbia on 12 October
ing criminal law as a tool to strengthen     measures to adopt.                           2011. Also, the Commission confirmed
the enforcement of EU policies and to           In the final part of the communica-       its earlier recommendation to open ac-
protect the interests of the citizens.       tion, the Commission lists the policy        cession negotiations with the Former
   The Lisbon Treaty also introduced a       areas in which criminal law measures         Yugoslav Republic of Macedonia.
new take on the adoption of legal instru-    might be necessary. For the financial
ments in the area of criminal law, with a    sector, in the fight against fraud and the
                                                                                          *  If not stated otherwise, the news reported in the
strengthened role for the EP and full ju-    protection of the Euro against counter-      following sections cover the period August – October
dicial control for the ECJ. The possibil-    feiting (areas that have already been        2011.

134 |  eucrim   4 / 2011
Foundations

    With the arrest of two remaining per-    taken at the EU level. In her statement,      the situation should constitute a serious
sons indicted by the ICTY, an impor-         Malmström referred to the power to de-        threat to public policy or to internal se-
tant step was taken in the constructive      cide on the reintroduction of border con-     curity at the Union or national levels.
dialogue between Serbia and the EU.          trols. This power is currently still in the   Border controls could be reintroduced
Additionally, the citizens of Albania        hands of the Member States. However,          for renewable periods of up to 30 days,
and Bosnia and Herzegovina can enjoy         after the experiences with France and         with a maximum duration of six months.
visa-free travel to the Schengen area        Italy as well as Denmark (see eucrim             Under these conditions, the decision
(since December 2010). Nevertheless,         3/2011, pp. 95-96 and eucrim 2/2011,          to reintroduce border controls would
problems still exist on the level of good    pp. 51-52), the Commission now pro-           be taken by the Commission as an im-
governance, the rule of law, and regional    poses taking this decision to the EU lev-     plementing act involving the Member
cooperation.                                 el if the right to free movement is likely    States as necessary. The EP would be
    Negotiations regarding Iceland’s ac-     to be affected.                               informed of such measures.
cession are still ongoing. The main issues       With a proposal of 16 November               A decision to reinstall border controls
in this case are fisheries and environmen-   2010, the Commission already intro-           by a Member State itself is only allowed
tal protection but the Commission is con-    duced a monitoring mechanism ensuring         in urgent circumstances and for a maxi-
fident that this will not hinder progress.   the correct implementation of the Schen-      mum of five days. An extension of this
    The news is less positive with regard    gen rules. The Schengen rules include a       period of time would fall under the new
to accession negotiations with Turkey.       common visa policy, police and judicial       decision-making procedure.
In the past year, no new topics in the ne-   cooperation, common rules on the return          Finally, the Commission also pro-
gotiations were opened and recent ten-       of irregular migrants, and the establish-     posed initiating a more regular and
sions in relations with Cyprus remain a      ment of common databases such as SIS.         structured political dialogue between the
concern. (EDB)                               In accordance with this proposal, veri-       European Institutions on the functioning
eucrim ID=1104002                           fying whether the Schengen rules are          of the Schengen area. (EDB)
                                             implemented can be effected by means          eucrim ID=1104003
                                             of announced or unannounced visits to
                                             a certain Member State by Commission-         Veto Against Bulgaria and Romania
Schengen                                     led teams that are joined by experts from     as Schengen Members
                                             other Member States and Frontex. Each         The postponed decision on the accession
Schengen Governance Package                  Member State should be subjected to           of Bulgaria and Romania to the Schen-
The weaknesses at the external borders,      such an evaluation once every five years.     gen zone ended in a veto during the JHA
which has been a recent problem within       Any shortcomings can be addressed in          Council of 22 September 2011 (see eu-
the Schengen zone (see eucrim 3/2011,        recommendations that include a recom-         crim 3/2011, p. 96). The draft Council
pp. 95-96), and the planned revision of      mended action and the timeframe for its       decision needed the unanimous support
the Schengen Border Code (see eucrim         implemention.                                 of all Member States in order to be put
2/2011, p. 51) were addressed by the             With the current amended proposal,        to vote, however the Netherlands and
Commission in two legislative propos-        the Commission adds the possibility of        Finland did not endorse the bid. The cur-
als presented on 16 September 2011.          reintroducing internal border controls to     rent Polish presidency is determined to
They consisted of a Communication on         the monitoring mechanism. It was the          continue pursuing an agreement.
Schengen governance – strengthening          European Council of 23-24 June 2011               In the meantime, the Commission has
the area without internal border con-        that called upon the Commission to draft      announced the presentation of an over-
trols (COM(2011) 561 final), on the one      a proposal for creation of a system ena-      all assessment of the progress made by
hand, and a proposal for a Regulation        bling Member States to respond to ex-         Bulgaria and Romania within the frame-
on the establishment of an evaluation        traordinary circumstances that put the        work of the Cooperation and Verifica-
and monitoring mechanism to verify           functioning of the Schengen zone at risk      tion Mechanism (CVM) by the summer
the application of the Schengen acquis       but still respect freedom of movement         of 2012. The CVM monitors both coun-
(COM(2011) 559 final), on the other.         (see eucrim 3/2011, p. 95). In exception-     tries’ progress in dealing with inter alia
   Both documents were presented by          al circumstances and as a matter of last      corruption and organised crime (see eu-
Commissioner for Home Affairs Ce-            resort, where measures taken at the Un-       crim 2/2010, pp. 76-84). Both the Neth-
cilia Malmström who highlighted that         ion or national levels do not improve the     erlands and Finland planned to wait for
Schengen’s intergovernmental approach        situation, reintroducing border controls      this assessment before possibly recon-
should now be shifted to a European-         at internal borders with the non-compli-      sidering their position, however Finland
based approach where decisions are           ant Member State is allowed. However,         decided to withdraw its veto on 14 No-

                                                                                                                 eucrim 4 / 2011  | 135
NEWS – European Union

vember 2011. Together with most other                   tive” consists of two parts. On the one
                                                                                                        Institutions
Schengen countries, Finland has decided                 hand, an entry/exit system would be
to support a two-phased entry of Roma-                  introduced to record the time, place of
nia and Bulgaria. (EDB)                                 entry, and length of stay in an electronic   Commission
eucrim ID=1104004                                      database. These data – presently record-
                                                        ed by stamping passports – would then        Olli Rehn Appointed Vice President
Commission Presents Smart Borders                       be transferred to border control and im-     of the Commission
Proposal                                                migration authorities. On the other hand,    On 27 October 2011, European Com-
On 25 October 2011, Commissioner for                    a Registered Travellers Program would        mission President, Jose Manuel Barro-
Home Affairs Cecilia Malmström pre-                     allow frequent travellers to use simpli-     so, appointed Olli Rehn, Commissioner
sented a plan to modernise travelling                   fied border checks at automated gates.       for Economic and Monetary affairs, as
across the external borders of the EU.                     The initiative is part of the Schengen    Vice-President of the Commission. The
As the number of travellers at European                 package (see p. 135 of this issue). After    Vice-President assists the President on
airports is estimated to increase by 80%                discussions with the EP, the Council,        all matters relating to the work of the
by 2030, the introduction of smooth and                 and the EDPS have been held, legisla-        European Council, Euro Area summits,
fast border checking procedures for reg-                tive proposals will be presented in the      and economic governance. Eurostat (the
ular travellers is necessary.                           course of 2012. (EDB)                        EU office that provides the EU with sta-
   The so-called “Smart Borders Initia-                 eucrim ID=1104005                           tistics on states and regions), previously
                                                                                                     under the responsibility of Olli Rehn,
                                                                                                     has been assigned to the European Com-
       Common abbreviations                                                                          missioner for Taxation, Customs, Audit
       AML                 Anti-Money Laundering                                                     and Anti-fraud, Algirdas Šemeta. (ST)
       CBRN                Chemical, Biological, Radiological, and Nuclear                           eucrim ID=1104006
       CCJE                Consultative Council of European Judges
       CDPC                European Committee on Crime Problems                                      Commission Strengthens Eastern
       CEPEJ               European Commission on the Efficiency of Justice                          Partnership
       CEPOL               European Police College                                                   On 27 September 2011, the Commission
       CFT                 Combating the Financing of Terrorism                                      released a communication on coopera-
       CJEU                Court of Justice of the European Union                                    tion in the JHA area within the Eastern
       COSI                Standing Committee on Operational Cooperation on Internal Security        Partnership. The Eastern Partnership
       COREPER             Committee of Permanent Representatives                                    was established at the Prague Summit
       DG                  Directorate General                                                       in May 2009 by the EU and Armenia,
       EAW                 European Arrest Warrant                                                   Azerbaijan, Belarus, Georgia, the Re-
       ECHR                European Convention of Human Rights                                       public of Moldova, and Ukraine. It pro-
       ECJ                 European Court of Justice (one of the 3 courts of the CJEU)               vides a forum for discussing, inter alia,
       ECtHR               European Court of Human Rights                                            free trade and visa agreements, labour
       EDPS                European Data Protection Supervisor                                       mobility, border security, and coopera-
       EEAS                European External Action Service
                                                                                                     tion on environmental and climate is-
       EIO                 European Investigation Order
                                                                                                     sues. In the Stockholm Programme, the
       EJN                 European Judicial Network
                                                                                                     European Council invited the Commis-
       (M)EP               (Members of the) European Parliament
                                                                                                     sion to present a plan on how to further
       EPO                 European Protection Order
                                                                                                     cooperation in the area of JHA with the
       EPPO                European Public Prosecutor Office
                                                                                                     Eastern Partnership countries.
       GRECO               Group of States against Corruption
                                                                                                        The Communication lists several ar-
       ICTY                International Criminal Tribunal for the former Yugoslavia
                                                                                                     eas in which cooperation needs to be
       JHA                 Justice and Home Affairs
       JIT                 Joint Investigation Team
                                                                                                     enhanced and proposes measures to be
                                                                                                     taken in the process:
       JSB                 Joint Supervisory Body
                                                                                                      Data collection and analysis: provid-
       MONEYVAL            Committee of Experts on the Evaluation of Anti-Money Laundering
                           Measures and the Financing of Terrorism                                   ing more support to national statistical
       PNR                 Passenger Name Records                                                    institutes and research facilities in order
       SIS                 Schengen Information System                                               to gain more accurate data on migration-
       SitCen              Joint Situation Centre                                                    related issues;

136 |  eucrim   4 / 2011
Institutions

  Legal migration: considering mobil-        of five judges must always form part of     welcomed OLAF’s efforts to improve its
ity agreements and further opening mi-        the Grand Chamber. As to the General        efficiency, but regretted that the average
gration channels for migrants from East-      Court’s request to increase the number      duration of investigations and initial as-
ern Partnership countries;                    of judges to 39 (currently 27 judges),      sessments is still far too long.
 Border      management: supporting          the Commission shares the Court’s view         The Council called on OLAF to fur-
close cooperation between the Eastern         that the General Court’s caseload and       ther improve its planning and to opti-
Partners and FRONTEX;                         the current duration of proceedings call    mise the use of its resources and tools.
 Security: exchanging best practices in      for the appointment of more judges. The     As to OLAF’s investigative function, the
the area of document security; intensify-     Commission even suggests introducing        Council states that OLAF should allo-
ing the dialogue on fighting trafficking      specialised chambers within the General     cate more of its existing resources to its
in human beings and assisting the vic-        Court to further increase its efficiency    investigative tasks in order to increase
tims; increasing cooperation between          and to appoint a Vice-President of the      the number and speed of its investiga-
the Partnership countries and the respec-     General Court, similar to the request       tions. The Council also agreed with the
tive EU agencies in order to effectively      made for the Court of Justice.              Court of Auditors on the need to publish
tackle organised crime, financial crime          The Commission also approves the         performance statistics in a single docu-
(including terrorist financing), drug traf-   Civil Service Tribunal’s request for the    ment and to further clarify the role of the
ficking, and corruption;                      appointment of three temporary judges       Supervisory Committee. (ST)
 Justice and fundamental rights: moni-       upon whom it could call in the event that   eucrim ID=1104009
toring reform in the judiciary and the        a permanent judge is prevented from at-
protection of human rights in the Part-       tending court for a prolonged period of     OLAF Reform – State of Play
nership countries, encouraging the adop-      time. However, the Commission criti-        On 12 July 2011, the European Court
tion of appropriate data protection laws,     cizes a rule contained in the proposal      of Auditors published an opinion on the
and introducing independent data pro-         stipulating that, when the permanent        proposed Regulation (COM (2011) 135)
tection supervisory authorities to guar-      judge returns after a long absence, the     regarding the reform of OLAF (see eu-
antee the individual’s right to protection    Tribunal may decide whether or not the      crim 2/2011, p. 54). Inter alia, the Court
of his data. (ST)                             temporary judge should continue to per-     found that, due to overlapping, incoher-
eucrim ID=1104007                            form his duties until his cases are com-    ent, or incompatible provisions, there is
                                              pleted. The Commission takes the view       a need to simplify and consolidate the
                                              that letting the permanent judges decide    anti-fraud legislation currently in force.
                                              on whether or not their temporary col-      The Court also states that, although the
Court of Justice of the EU                    leagues may continue to perform their       proposed Regulation aims for more in-
                                              duties may weaken the independence of       dependent control of the legality of in-
Commission Presents Opinion                   the temporary judges. The Commission        vestigative acts, no effective control is
on ECJ Amendments                             therefore recommends adopting an ob-        possible unless a body or a person inde-
On 30 September 2011, the Commis-             jective criterion to handle situations in   pendent of OLAF and equipped with the
sion published its opinion on the ECJ’s       which a permanent judge returns before      power to issue binding opinions carries
request for amendment of its statute as       the temporary judge has completed his       out this function.
presented by the Court in March 2011.         cases. (ST)                                    According to the Court, the proposed
   The proposed amendments concern            eucrim ID=1104008                          amendments contain vague wording and
all three courts. Regarding the Court                                                     unclear key notions, resulting in a fail-
of Justice, the amendments include the                                                    ure to keep the provisions of the OLAF
establishment of the office of Vice-                                                      Regulation concise, clear, and consist-
President of the Court, modification of       OLAF                                        ent. In the Court’s opinion, the proposed
the composition of the Grand Chamber                                                      Regulation should include clear wording
as well as an increased quorum for deci-      Court of Auditors on Management             regarding the priority of OLAF’s core
sions by the Grand Chamber and the full       of OLAF                                     investigative function over other tasks.
Court. Overall, the Commission supports       At the JHA meeting from 27-28 October       Regarding OLAF’s cooperation with
the proposed amendments. However, it          2011, the Council adopted conclusions       other authorities, the Court recommends
makes suggestions as to how to ensure         on the Court of Auditors’ follow-up         using objective criteria to identify ap-
more stability within the new enlarged        audit on special report No. 1/2005 con-     propriate cases for collaboration and
Grand Chamber, e.g., by introducing the       cerning the management of OLAF (see         equipping the Supervisory Committee
rule that three presidents of chambers        eucrim 3/2011, pp. 97-98). The Council      with the power to monitor the exchange

                                                                                                                 eucrim 4 / 2011  | 137
NEWS – European Union

of information between OLAF and other       operational and strategic information on          Looking at the future of terrorism,
authorities. (ST)                           crime. Furthermore, the two agencies         the convention saw terrorism and ex-
eucrim ID=1104010                          agreed to enhance their collaborative        tremism shifting to more hybrid forms.
                                            operational efforts against transnational    Facilitated by new technology and the
OLAF 2010 Annual Report                     organised crime and against terrorism by     Internet, terrorist and extremist groups
On 19 October 2011, OLAF published          endorsing operational action plans of co-    are becoming more fragmented net-
its annual activity report covering the     operation in five areas: maritime piracy,    works that use the virtual world as a
year 2010. Overall, OLAF handled 493        counter-terrorism, security for major        tool, target, and weapon. Growing im-
investigative and operational cases and     international public events, cybercrime,     migration flows will have an impact on
completed 691 assessments. 189 investi-     and the sexual exploitation of children.     terrorism and extremism, and new types
gative and operational cases were closed    (CR)                                         of terrorism such as eco-anarchism will
in 2010. With 225 new cases opened          eucrim ID=1104012                           come to the fore. Ultimately, the con-
that year, OLAF’s workload increased                                                     vention expects a symbiosis to develop
slightly compared to 2009 (220 new          Conclusions of the European Police           between organised crime and terrorism.
cases) and 2008 (204 new cases). The        Chiefs Convention 2011                           In reaction to these new develop-
average total duration of investigations    Europol published a report, including        ments, the convention suggested the fol-
and operations, including the assessment    conclusions and a photo album, on the        lowing actions:
phase, was nearly 28 months. Following      European Police Chiefs Convention that        To encourage deradicalisation and the
OLAF’s investigative results, national      took place from 29 June to 1 July 2011.      prevention of radicalisation; to develop
courts sentenced offenders to a cumula-     The focus of the convention was the fu-      the interoperability of criminal and intel-
tive 125 years of imprisonment and im-      ture of organised crime and terrorism        ligence databases;
posed financial penalties of nearly €1.47   (see eucrim 3/2011, pp. 99-100).              To ease the administrative hurdles
billion.                                       Regarding the future of organised         that currently exist between key agen-
   The report gives an outlook on chang-    crime, the convention concluded that,        cies (Europol, SitCen, Frontex, etc.), to
es in OLAF’s work in 2012. Inter alia,      although law enforcement in the EU           facilitate cooperation;
OLAF’s Director General, Giovanni           has made progress in intelligence co-         To change Europol’s status by giving
Kessler, has launched an internal review    ordination and the joint investigation       it a more ambitious role, including cer-
to improve the performance of the of-       of crimes already considered a priority,     tain executive powers in this particular
fice. The review is planned for comple-     the reactive nature of policing and tight    field. (CR)
tion by the end of 2011 and will focus      budgets leave law enforcement agencies       eucrim ID=1104013
on ways to simplify the procedures for      insufficiently prepared for new threats.
investigations, shorten the duration of     Changes in the global environment, de-       Europol Review 2010
investigations, and make better use of      mographic shifts, geopolitical unrest        Europol has published a general report
resources. (ST)                             outside the EU, economic disparity, and      on its activities in 2010. The report pre-
eucrim ID=1104011                          the continued development of the Inter-      sents an overview of Europol’s activities
                                            net as well as related technologies are      with the aim of explaining Europol’s
                                            seen as factors likely to influence crimi-   contribution to the fight against serious
                                            nal activities such as trafficking in hu-    crime and terrorism in Europe.
Europol                                     man beings, cybercrime, and economic            Besides a general chapter on Eu-
                                            crime. Hence, the convention recom-          ropol’s mission, priorities, and resourc-
Memorandum of Understanding                 mended taking the following actions, to      es, the report contains a detailed chapter
with Interpol Against Transnational         name a few:                                  on how Europol works. The core of the
Crime                                        To collaborate with partners in the        report is the chapter on Europol’s opera-
On 12 October 2011, Europol and In-         private sector, especially to create pub-    tional activities and support efforts in
terpol signed a Memorandum of Under-        lic-private partnerships;                    2010 in relation to the different areas of
standing to extend their collaboration in    To provide tools and training on new       serious crime. According to the report,
the fight against transnational organised   forms of crime and to raise awareness of     in 2011, Europol’s support was used
crime.                                      less visible forms of crime;                 most in the fields of illegal immigration,
   Under the memorandum, a secure            To strengthen asset recovery and fi-       counterfeiting of the Euro, and heroin
communication line linking up the se-       nancial investigation capabilities and to    trafficking. Europol’s forensic and tech-
cure networks of both agencies shall be     develop an integrated approach to strate-    nical support was used in 125 cases, its
established to facilitate the exchange of   gic planning at the EU level.                operational analysis in 78 cases, and its

138 |  eucrim   4 / 2011
Institutions

financial support for operational meet-        financial intelligence capability in 2012.   also having been adapted to the national
ings in 60 cases and in 35 cases for in-       This will include the development of the     organisation of its Europol National
vestigations. Europol hosted 33 opera-         Internet Crime Online System (ICROS)         Unit. (CR)
tional meetings, used its mobile office        as well as the strengthening of Europol’s    eucrim ID=1104016
support in 31 cases, and helped with           Criminal Assets Bureau (ECAB) for
the coordination of 23 cases. The report       criminal assets tracing.
concludes with two chapters outlining             As the fourth goal of its strategy, Eu-
Europol’s scope as well as future strat-       ropol is asked to ensure that it has the     Eurojust
egy and goals, underlining that Europol        proper capabilities to achieve its op-
will continue to follow the goals set out      erational goals. Hence, according to the     Memorandum of Understanding
in its Strategy 2010-2014. (CR)                work programme, Europol will continue        with the European Commission
eucrim ID=1104014                             to optimise its ICT support such as elec-    Eurojust and the European Commission
                                               tronic workflows, the automation of re-      are currently negotiating a Memoran-
Work Programme 2012                            cords, and human resource management         dum of Understanding. The draft text of
At its meeting of 22-23 September 2011,        in 2012.                                     the Memorandum was sent to the Coun-
the JHA Council endorsed Europol’s                The annexes to the work programme         cil by the President of Eurojust, Aled
work programme for 2012.                       include the following:                       Williams, on 24 October 2011.
    The work programme is Europol’s             An overview of resource allocation            The draft memorandum aims to fur-
annual business plan that translates the       (18.2% of the total budget are allocated     ther improve cooperation between Euro-
goals of Europol’s Strategy 2010-2014          to the first goal, 12.1% to the second,      just and the Commission and to establish
and other relevant strategies, e.g., the In-   6.8% to the third, and 30% to the fourth     mechanisms for efficient, regular, and
ternal Security Strategy for the EU (see       goal);                                       transparent contacts and the exchange of
eucrim 3/2010, p. 92), into annual objec-       An overview of critical risks that         information between them.
tives and provides a basis for budgetary       could have a negative effect on the an-         It foresees a set of general principles
planning.                                      nual business planning and mitigating        of cooperation for regular meetings, the
    To fulfil the first goal of Europol’s      measures;                                    Commission’s participation at College
Strategy 2010-2014, namely to increase          An overview of planned procurement         meetings of Eurojust where non-oper-
its support for law enforcement opera-         activities;                                  ational strategic issues and documents
tions, Europol plans to support Member          An organisational chart.                   are discussed, and the establishment of
States’ investigations more proactively           The work programme will now be            the Commission’s Directorate General
and to align operational resources with        forwarded to the EP for information.         for Justice as the first and single central
priority crime areas in 2012. Further-         (CR)                                         contact point for relations between the
more, Europol plans to intensify its co-       eucrim ID=1104015                           Commission and Eurojust.
operation efforts with the United States,                                                      With regard to consultation and in-
EU candidate and potential candidate           Publication: The European Investigator       formation, the memorandum foresees,
countries, Russia, and Interpol and to         – Targeting Criminals across Borders         on the one hand, that the Commission
strengthen its working relationships           Europol has published a brochure enti-       can consult Eurojust on relevant new
with the European External Action Ser-         tled “The European Investigator – Tar-       legislative proposals, communications,
vice (EEAS).                                   geting Criminals across Borders.” It         etc. that it intends to publish, and it may
    To achieve the second goal – to de-        consists of five chapters illustrating the   invite Eurojust to relevant expert meet-
velop into the EU criminal information         different types of assistance offered by     ings. On the other hand, Eurojust is to
hub – Europol would like to finalise the       Europol with regard to operational anal-     consult the Commission on strategic
methodology for the new Serious and            ysis, mobile office/on-the-spot support,     documents such as its draft budget, an-
Organised Crime Threat Assessment              forensic and technical support as well as    nual working plans, etc. and to invite the
(SOCTA) in 2012 and to implement a             the benefits of employing a Joint Inves-     Commission to make recommendations
new Analysis Work File concept with re-        tigation Team. The final chapter contains    on its annual reports. Upon request,
alisable improvements in data handling         information on the Member States’ Na-        Eurojust shall provide the Commission
and operational utility.                       tional Units at Europol.                     with information, including statistical
    For the third goal, the expansion of          In addition to a generic brochure pub-    data, anonymised case illustrations, and
its capabilities as an EU centre for law       lished in English, individual brochures      analysis of Eurojust activities in order to
enforcement expertise, Europol will            are available for each Member State in       enable the Commission to make recom-
continue to enhance its cybercrime and         its national language, the last chapter      mendations, issue opinions, or propose

                                                                                                                   eucrim 4 / 2011  | 139
NEWS – European Union

initiatives. Furthermore, Eurojust and        JSB in 2010. The JSB received official       UK, Turkey, Switzerland, the USA, and
the Commission will inform and con-           accreditation to the International Con-      Dubai led to the seizure of real estate
sult each other on studies and evalua-        ference of Data Protection and Privacy       and other goods valued at millions of
tions dealing with Eurojust’s activities.     Commissioners at the 32nd International      Euros as well as the arrests of four key
Finally, Eurojust and the Commission          Conference held in Jerusalem from 27-        members of the criminal network.
will ensure the exchange of all relevant      29 October 2010.                                Between July 2007 and September
administrative documents.                         Activities of the JSB in 2010 in-        2011, a Dutch company, Quality Invest-
   Concerning Eurojust’s relations with       cluded, for instance, four meetings in       ments B.V., and its international affili-
other European bodies and institutions,       The Hague, translation and publication       ates committed financial fraud, forgery,
the draft memorandum foresees that Eu-        of the approved rules of procedures of       and swindling via the so-called “Ponzi”
rojust submit the documents intended          the JSB, regular contacts with Eurojust’s    scheme. A Ponzi scheme is a fraudulent
for discussion to the EP, Council, or the     Data Protection Officer, and the annual      investment operation that pays returns
EEAS, at the same time also to the Com-       inspection of Eurojust. In its report for    to its investors from their own money or
mission, and that it inform the Commis-       the annual inspection, the JSB expressed     the money paid by subsequent investors
sion of its intention to attend meetings of   its concerns about Eurojust’s Case Man-      rather than from any actual profit earned
these bodies and institutions.                agement System (CMS), which was not          by the individual or organisation run-
   Regarding Eurojust’s external rela-        being fully used and about the process-      ning the operation. (CR)
tions, under the draft memorandum, Eu-        ing of data in manual files. Furthermore,    eucrim ID=1104019
rojust agrees to inform the Commission        in 2010, the JSB was involved in discus-
of any substantial developments and           sions concerning the implementation of       New Administrative Director Appointed
to consult the Commission on external         the revised Eurojust Decision, new pos-      On 14 July 2011, Klaus Rackwitz was
policy issues. Furthermore, Eurojust          sibilities for Eurojust’s CMS, a secure      appointed new Administrative Direc-
agrees to inform the Commission of its        connection for the exchange of infor-        tor at Eurojust. After his law studies in
intention to attend formal meetings of        mation with OLAF, and Eurojust’s co-         Germany, Mr. Rackwitz worked as a
international organisations or with rep-      operation agreements with third states.      judge until he took up a position as head
resentatives of third countries.              The JSB further discussed the supervi-       of the division for information technol-
   Ultimately, the draft memorandum           sion of data protection at Eurojust after    ogy and reorganisation in the Ministry
foresees that Eurojust inform the Com-        the entry into force of the Lisbon Treaty,   of Justice of the German state North
mission on its staff development and          concluding that the current system of        Rhine-Westphalia. Before joining Euro-
that the Commission’s DG for Justice          specialised supervision of data process-     just, he worked as Senior Administrative
be invited to participate in the selection    ing activities carried out by Eurojust       Manager of the Prosecution Office of the
board for the recruitment of Eurojust’s       should be maintained because it worked       ICC. Mr. Rackwitz took up his duties on
administrative director and as an observ-     efficiently. At the end of 2010, the JSB     1 October 2011. (CR)
er in the evaluation committee for his/       launched its own webpage within the          eucrim ID=1104020
her probationary and/or annual perfor-        Eurojust website.
mance. (CR)                                       In 2010, the JSB received an alloca-     New National Members Appointed for
eucrim ID=1104017                            tion of €46,000 from the Eurojust budg-      Finland, France, and the Netherlands
                                              et. (CR)                                     On 1 August 2011, Mr. Harri Tiesmaa
JSB Activity Report 2010                      eucrim ID=1104018                           was appointed National Member for
Eurojust’s Joint Supervisory Board                                                         Finland at Eurojust. Before Mr. Ties-
(JSB) has published its Activity Report       Successful Action Against                    maa took up his position at Eurojust, he
for the year 2010. The JSB is an inde-        € 175 Million Fraud                          worked as a prosecutor specialised in
pendent body tasked with monitoring           On 27 September 2011, a joint opera-         economic crime and served Eurojust as
the activities of Eurojust to ensure that     tion between judicial authorities and po-    Seconded National Expert between Sep-
the processing of personal data is car-       lice officers in eight countries that was    tember 2009 and February 2010. The
ried out in accordance with the Eurojust      supported and coordinated by Eurojust        former National Member for Finland,
Decision. The JSB also hears appeals          was successfully conducted against a         Ms. Sahavirta, will remain at Eurojust
lodged by individuals dissatisfied with       worldwide criminal network committing        as Deputy National Member for Finland.
Eurojust’s response to their requests to      financial fraud, forgery, money launder-        On 1 August 2011, Sylvie Petit-
exercise their rights as data subjects.       ing, and swindling. Simultaneous house       Leclair was appointed National Mem-
However, according to the Activity Re-        searches and arrests at 27 locations in      ber for France at Eurojust, replacing
port, no appeals were lodged with the         the Netherlands, Belgium, Spain, the         the retiring National Member Gérard

140 |  eucrim   4 / 2011
Specific Areas of Crime / Substantive Criminal Law

Loubens. Before joining Eurojust, Ms.         Frontex                                      the common name for teams deployed
Petit-Leclair served as Deputy Prosecu-                                                    during Frontex operations;
tor at the Court of Versailles and the Ap-    New Regulation Adopted                        More detailed provisions on the op-
peals Court of Paris.                         On 10 October 2011, the Council adopt-       erational plan;
   On 1 October 2011, Marc E.F.H. van         ed the new Regulation amending Coun-          Reinforced tasks as regards risk anal-
Erve was appointed National Member            cil Regulation (EC) No. 2007/2004 es-        ysis;
for the Netherlands at Eurojust, replac-      tablishing a European Agency for the          Specific provisions on processing of
ing the retiring former National Mem-         Management of Operational Coopera-           personal data, including the possibility
ber Arend Vast. Before he took up his         tion at the External Borders of the Mem-     to transfer personal data to Europol or
position at Eurojust, Mr. van Erve was        ber States of the European Union (see        other EU law enforcement agencies on
Counsellor for Judicial Affairs and Li-       eucrim 1/2010, pp. 9-10, eucrim 1/2011,      persons suspected of involvement in
aison Magistrate at the Embassy of the        p. 6, and eucrim 2/2011, p. 56).             cross-border criminal activities, the fa-
Netherlands in Paris. (CR)                        On 13 September 2011, the EP had         cilitation of illegal immigration activi-
eucrim ID=1104021                            already given its green light – by a large   ties, or human trafficking activities;
                                              majority (431 in favour, 49 against,          Reinforced tasks as regards training;
                                              48 abstentions) – to the compromise           A strengthened coordinating role as
                                              agreement reached between Council and        regards joint return operations;
European Judicial Network                     Parliament in June (see eucrim 2/2011,        The possibility to launch technical as-
                                              p. 56). In order to guarantee the funda-     sistance projects and deploy liaison of-
Cooperation with Two Judicial                 mental rights of immigrants, the EP en-      ficers in third countries.
Regional Platforms Begins                     sured that the new Regulation contain a         The regulation enters into force
In their annual meetings of May and June      series of provisions to ensure respect for   20 days after its publication in the Of-
2011, the Regional Judicial Platform of       human rights in all Frontex actions, in-     ficial Journal of the EU. (CR)
Sahel countries as well as the Platform       cluding the designation of a Fundamen-       eucrim ID=1104023
Justice of the Indian Ocean Commission        tal Rights Officer and the establishment
expressed their willingness to establish      of a Consultative Forum on Fundamen-
ties with the EJN. The intention to co-       tal Rights to assist the agency’s manage-
operate with the EJN was also included        ment board. The Consultative Forum              Specific Areas of Crime /
in the conclusions and recommendations        will include the EU Fundamental Rights          Substantive Criminal Law
of their annual meetings.                     and Asylum Support agencies, the UN
    The two Judicial Regional Platforms       High Commissioner for Refugees, and          Protection of Financial Interests
were established by the Terrorism Pre-        NGOs specialising in this field. Un-
vention Branch and Organized Crime            der the new Regulation, if fundamental       Commission Report on Protection
and Illicit Trafficking Branch of the Unit-   rights are breached, a mission will be       of Financial Interests
ed Nations Office on Drugs and Crime          suspended or terminated. Frontex will        On 29 September 2011, the Commission
(UNODC), with the aim of strengthen-          also have to regularly report back to the    presented its annual report on the protec-
ing international cooperation in criminal     EP on its fundamental rights work.           tion of the EU’s financial interests. The
matters in the regions of the Sahel and           Further changes to Frontex under the     overall financial impact of irregularities
the Indian Ocean. The Platforms are in-       new regulation include:                      reported by the Member States in 2010
ternational cooperation networks of fo-        The possibility to buy or lease its own    is estimated at €1.8 billion compared to
cal points that facilitate extradition and    equipment or to buy such equipment in        €1.4 billion in 2009. In this context, ir-
procedures of mutual legal assistance in      co-ownership with a Member State;            regularity means any infringement of an
criminal matters with the Member States        A mechanism for Member States to           EU provision by an economic operator
of their Platforms. The Judicial Regional     second national border guards and make       that has, or would have, the effect of
Platform of Sahel Countries comprises         available equipment to the agency;           prejudicing the EU’s financial interests.
Burkina Faso, Mali, Mauritania, and            Equipment put at the disposal of the       All irregularities involving more than
Niger. The Judicial Regional Platform         agency will be registered in centralised     €10,000 in EU resources must be re-
of the Indian Ocean Commission (IOC)          records of a Technical Equipment Pool        ported to the Commission. The financial
countries includes Comoros, France            (TEP);                                       impact of suspected fraud in expenditure
(Réunion), Madagascar, Mauritius, and          A co-leading role in joint operations      has increased from an estimated €180
the Seychelles. (CR)                          and pilot projects;                          million in 2009 to an estimated €478
eucrim ID=1104022                             “European Border Guard Teams” as           million in 2010.

                                                                                                                 eucrim 4 / 2011  | 141
NEWS – European Union

   The report shows that, due to the im-     instruments to profit from the manipula-       Corruption
plementation of an improved reporting        tion is defined as market manipulation.
system (Irregularities Management Sys-       The proposed Directive excludes certain        Commission Sets Up Advisory Group
tem), Member States report irregulari-       types of transactions from its scope, e.g.,    on Corruption
ties with greater speed and at a higher      buybacks and stabilisation programmes,         On 28 September 2011, the Commission
volume than in 2009. The Commission          monetary policy and debt management            published a decision to set up a group
notes that some Member States (France,       activities, and some activities concern-       of experts on corruption. The group
Germany, Spain, and UK) consistently         ing emission allowances.                       shall advise, help, and assist the Com-
report very low suspected fraud rates           To complement the proposed Direc-           mission in all matters related to the EU
and asks these Member States to present      tive, the Commission also proposed a           Anti-Corruption Report (see eucrim
more information on their national con-      Regulation on insider dealing and mar-         3/2011, p. 104), anti-corruption policies,
trol systems. Apart from that, the Com-      ket manipulation. The proposed Regu-           the gathering of relevant information,
mission plans to analyse the national ir-    lation would serve as an update and            as well as the identification of neces-
regularity and anti-fraud control systems    reinforcement to the existing regulatory       sary measures and actions to effectively
and present the results in the 2011 an-      framework, namely the Market Abuse             fight corruption throughout the EU. The
nual report.                                 Directive (2003/6/EC). The proposal ex-        group is to be composed of 17 members
   Following the analysis, the Commis-       tends the scope to financial instruments       who will each be appointed for a period
sion highlights some measures taken in       traded only on new platforms and over          of 4 years. (ST)
2010 to protect the EU’s financial inter-    the counter (OTC) and to multilateral          eucrim ID=1104027
ests, e.g., successful joint customs oper-   trading facilities (MTFs). The proposal
ations like “Sirocco”(see eucrim 4/2010,     includes a number of measures to ensure        MEPs Welcome Plans
p. 135) or agreements to fight the illicit   that regulators have access to relevant        for Anti-Corruption Report
trade in tobacco (see eucrim 4/2010,         information, e.g., by extending the cur-       During its meeting on 31 August 2011,
p. 135 and eucrim 3/2010, p. 90). New        rent reporting of suspicious transactions      the EP’s Civil Liberties Committee dis-
anti-fraud policy initiatives include        to unexecuted orders and suspicious            cussed the Commission’s plans to set up
the Commission Anti-Fraud Strategy           OTC transactions or by granting authori-       an EU Anti-Corruption Report (see eu-
(CAFS) and the OLAF reform proposal          ties the right to obtain telephone and data    crim 3/2011, p. 104). MEPs welcomed
(see eucrim 2/2011, p. 54). (ST)             traffic records from operators as well as      the Commission’s initiative and agreed
eucrim ID=1104024                           granting access to private documents or        that more political commitment in each
                                             premises. (ST)                                 Member State is needed to effectively
Commission Steps Up in Fight Against         eucrim ID=1104025                             fight corruption. Since the report will
Market Abuse                                                                                be issued every two years only and the
On 20 October 2011, the Commission           MEPs Call for Better Protection                first report will not be published before
proposed a new Directive on minimum          of Public Funds                                2013, MEPs discussed the use of interim
criminal sanctions for insider dealing       On 29 September 2011, the EP’s Civil           reports to focus on the biggest prob-
and market manipulation. This is the         Liberties Committee approved a reso-           lems and earlier publication of the first
first time that the Commission is making     lution asking the Commission to draft          report. During the discussion, some of
use of its new power to enforce an EU        rules ensuring that the use of EU funds is     the major issues raised concern the need
policy through criminal sanctions as es-     fully traceable by public authorities, citi-   for better protection of whistleblowers,
tablished by the Lisbon Treaty. The new      zens, and the media. MEPs see a need           speedier investigations, and harmonised
Directive requires the Member States to      for stronger protection of public funds        rules regarding bribery of state officials
introduce criminal sanctions for insider     from misuse by mafia-style organisa-           in third countries. (ST)
dealing, market manipulation, as well as     tions. The text specifically asks for more     eucrim ID=1104028
for inciting, aiding, and abetting market    attention to be paid to local authorities,
abuse. According to the proposal, in-        which “are more liable to infiltration by
sider trading means that a person who        organised crime.” The Committee also
has price-sensitive inside information       endorses setting up a special EP com-          Organised Crime
trades in related financial instruments.     mittee focusing on the misuse of public
The artificial manipulation of prices        funds by and the infiltration of the public    Council and Commission Take on Fight
of financial instruments by, inter alia,     sector and the financial system through        Against New Synthetic Drugs
spreading false or misleading informa-       cross-border criminal organisations. (ST)      Following its announcement to present
tion and by conducting trades in related     eucrim ID=1104026                             more detailed plans on how to fight new

142 |  eucrim   4 / 2011
Specific Areas of Crime / Substantive Criminal Law

synthetic drugs (see eucrim 3/2011,
p. 105), the Commission has put for-           Annual Forum on Combating Corruption in the EU 2012
ward a new approach. On 25 October             Protecting the European Union’s financial interests: internal and external
2011, the Commission presented key             auditing
points of their new strategy, including        ERA, Trier, Germany, 16-17 February 2012
stronger EU legislation on new psycho-         This sixth Annual Forum on Combating Corruption in the EU, co-financed by OLAF, will
active substances, new EU legislation to       gather approximately one hundred lawyers to debate the topic of internal and external
target cross-border trafficking in drugs       auditing in the context of the protection of the EU budget.
by means of criminal law, and new EU           The first session will be dedicated to a general overview of the European legal frame-
laws to strengthen control over chemi-         work for combating corruption, highlighting the recent EU anti-corruption and anti-
                                               fraud strategy.
cals used for drug production.
                                               The focus will then move towards auditing activities. Public expenditure is subject to
   Following the Commission’s ap-
                                               several means of control; therefore, it is vital to examine the role and the function of
proach, on 27 October 2011 the Council         different EU and national bodies in order to guarantee an effective protection of the
adopted a European pact against syn-           European Union budget against fraud or irregularities.
thetic drugs. The pact focuses on the          Who are the main EU players in the field? What are the main difficulties in establishing
production of synthetic drugs, traffick-       valid evidence on damages resulting from fraud and irregularities? What is the func-
                                               tion of OLAF in this respect? Is forensic audit a necessary and appropriate tool in order
ing in synthetic drugs, the fight against
                                               to determine whether damages occurred?
new psychoactive substances, and better
                                               The Forum will highlight the importance of a coordinated approach by internal and
training of law enforcement authorities.       external EU control bodies in order to prevent fraud and irregularities and to better
The text calls for improvements in the         protect the financial interests of the European Union. The role, the power (and the lim-
exchange of information and closer co-         its) of control bodies such as the European Court of Auditors, OLAF, and the European
operation between EU agencies and the          Commission in complex cases will be scrutinised.
Member States. Also, new substances            The conference will be held in English, German, and French. Simultaneous interpreta-
                                               tion will be provided.
that might be harmful must be subject to
                                               For further information, please contact Mr. Laviero Buono, Head of Section for Euro-
a risk assessment and be swiftly elimi-        pean Public and Criminal Law, ERA. E-mail: lbuono@era.int.
nated from legal circulation. Member
States are encouraged to set up joint
investigation teams and cooperate with
Europol and Eurojust to track, freeze,
and confiscate proceeds of drug-related     employed in the Member States, and               Civil Liberties Committee Tackles
crime. (ST)                                 establish a European fund to protect             Homemade Explosives
eucrim ID=1104029                          and assist victims of organised crime            On 4 October 2011, the EP’s Civil
                                            and court witnesses.                             Liberties Committee approved a draft
EP Resolution on Organised Crime               The EP itself intends to set up a spe-        Regulation to restrict the public’s access
in the EU                                   cial committee on the spread of criminal         to chemicals that can be used to make
On 25 October 2011, the EP adopted          organisations that operate across bor-           homemade explosives. The text includes
a resolution on countering organised        ders. With respect to the Member States,         restrictions on the sale of products con-
crime in the EU.                            the text recommends that Member States           taining certain chemicals, e.g., fertilisers
   Inter alia, the text calls on the        strengthen their judicial authorities and        or pool cleaners, if these chemicals ex-
Commission to submit new legisla-           police forces, pursue a proactive ap-            ceed a certain concentration. In case of
tive proposals for improving the EU’s       proach towards investigation, and draw           legitimate need to use these chemicals in
legislative framework, e.g., a proposal     up national plans to combat organised            higher concentrations, customers will be
for a Directive which contains a clear      crime. The EP also suggests effectively          able to obtain a license to purchase these
definition, key features, and new types     implementing the European Arrest War-            products. (ST)
of “organised crime” as well as a pro-      rant in all Member States, regularly             eucrim ID=1104031
posal for a Directive on the procedure      updating agreements on judicial and
for the seizure and confiscation of the     investigative cooperation with non-EU            Organised Criminal Groups Engage
proceeds of crime. Among other mea-         countries, and introducing an appropri-          in Illegal Waste Dumping
sures, the Commission is also asked to      ate system of penalties and suitable de-         In June 2011, Europol published an
strengthen the role and competences         tention provisions for offences relating         OC-SCAN Policy Brief regarding the
of Asset Recovery Offices, draw up          to organised crime. (ST)                         involvement of organised crime groups
a study on the investigative practices      eucrim ID=1104030                               in illegal waste trafficking and dis-

                                                                                                                      eucrim 4 / 2011  | 143
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