Annexes to COM(2005)426 - Signing of Council of Europe Convention No 198 on laundering, search, seizure and confiscation of the proceeds from crime and on the financing of terrorism - Main contents
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| dossier | COM(2005)426 - Signing of Council of Europe Convention No 198 on laundering, search, seizure and confiscation of the proceeds from crime ... |
|---|---|
| document | COM(2005)426  |
| date | September 13, 2005 |
Declaration by the Commission
[for the minutes of the Council meeting at which it is decided to sign the Convention]
The Commission notes that certain general and institutional clauses of this Convention – in particular the voting of amendments and the acceptance of new contracting parties in Articles 54(1) to (3) and 50(1) – do not allow the Community to exercise fully its external competence on the same basis as the other parties, even though the Community will be subject to all the obligations set out in the Convention.
The Commission views this choice with great concern given its role as guardian of the Treaties and given the case law of the Court of Justice.
Accordingly, the general and final clauses of the Convention can in no way be viewed as a precedent in relation to other conventions.
In addition, the Commission underlines the need to apply the Convention in line with the 40 recommendations of the Financial Action Task Force (FATF), last updated in 2003, and with the relevant acquis . This applies most particularly to Recommendation 36(c) concerning legal assistance and extradition. A request for mutual legal assistance must not be refused on the sole ground that the offence is also considered to involve fiscal matters.
[1] OJ L 166, 28.6.1991, p. 77..
[2] OJ L 344, 28.12.2001, p. 76..
[3] OJ L 271, 24.01.2000, p. 4..
[4] OJ C […], […], p. […].