### 5. recalls the close link between the european semester and the implementation of the rrf , whereby the national recovery and resilience plans (nrrps) are expected to contribute effectively to addressing all or a significant subset of the challenges identified in the relevant country-specific recommendations addressed to each member state in the context of the european semester; ### 5. recalls the close link between the european semester and the implementation of the rrf , whereby the national recovery and resilience plans (nrrps) are expected to contribute effectively to addressing all or a significant subset of the challenges identified in the relevant country-specific recommendations addressed to each member state in the context of the european semester; stresses the importance that reforms and investments under the recovery and resilience plans meet the climate targets of the regulation and are in full respect of the “do no significant harm” principle;


### 6. highlights the key role being played by the nrrps in driving the member states’ reform and investment agendas; recalls the importance of reforms in bolstering recovery and future productivity growth and as enablers of investment; stresses the crucial role of investments in boosting growth; ### 6. highlights the key role being played by the nrrps in driving the member states’ reform and investment agendas; recalls the importance of reforms in bolstering recovery and future productivity growth and as enablers of investment; stresses the crucial role of investments in boosting growth and delivering the twin transition , in particular with regard to making the eu independent from imported fossil fuels;


### the six-pillar structure , ensuring that member states give adequate consideration in their reform and investment agendas to all the relevant dimensions for making eu economies and societies more prosperous , sustainable , inclusive , competitive and resilient; ### the six-pillar structure , ensuring that member states give adequate consideration in their reform and investment agendas to all the relevant dimensions for making eu economies and societies more prosperous , environmentally sustainable , inclusive , competitive and resilient;


### 9. welcomes the publication of the commission’s communication on orientations for a reform of the eu economic governance framework; expresses concern about its delay; stresses the need to adopt legislative proposals before time runs out and the general escape clause is removed and the current legislature comes to an end; ### 9. welcomes the publication of the commission’s communication on orientations for a reform of the eu economic governance framework; expresses concern about its delay; stresses the need to adopt legislative proposals before the general escape clause is lifted and the current legislature comes to an end;


### 10. agrees with the commission’s orientations as regard the simplification of the framework , differences in member states’ debt reduction paths , the use of a comprehensive debt sustainability analysis and the general escape clauses; ### 10. agrees with the commission’s orientations as regard the simplification of the framework , differences in member states’ fiscal paths , the use of a more comprehensive debt sustainability analysis and the general escape clauses; suggests the european semester should mirror the medium-term nature of the future economic policy coordination framework;


### 11. notes the aim to stimulate investment and reforms by allowing member states to have different debt reduction paths , provided that these enhance growth , improve debt sustainability and are in line with the eu’s objectives , in particular those of the green and digital transition and social resilience; ### 11. notes the aim to stimulate investment and reforms by allowing member states to have different fiscal paths , provided that these enhance growth , improve debt sustainability and deliver the eu’s objectives , in particular those of the green and digital transition and social resilience; stresses the key role that national budgets will need to play in financing the green transition , in the absence of joint funding that would reduce the cost and align incentives as witnessed in the rrf process; highlights the need for a permanent fiscal capacity or eu sovereignty fund to ensure all member states have the fiscal leeway to accelerate the transition while preserving fair competition in the single market;


### 12. notes that while monetary policy is conceived and designed as a single instrument , the overall fiscal policy is the result of aggregating 19 individual fiscal policies; underlines that , apart from the recommendation on the economic policy of the euro area , coordination of actions has thus far been limited and the situation and challenges of the euro area have not been easy to factor in; highlights that it is still largely random if the aggregation of national fiscal policies results in a euro area fiscal stance which is appropriate and consistent with monetary policy; regrets that the commission’s communication does not encompass rules or instruments that allow for the management of the euro area fiscal stance; ### 12. notes that while monetary policy is conceived and designed as a single instrument , the overall fiscal policy is the result of aggregating 19 individual fiscal policies; underlines that , apart from the recommendation on the economic policy of the euro area , coordination of actions has thus far been limited and the situation and challenges of the euro area have not been easy to factor in; highlights that it is still largely random if the aggregation of national fiscal policies results in a euro area fiscal stance which is appropriate and consistent with monetary policy; regrets that the commission’s communication does not encompass rules or instruments that allow for the management of the euro area fiscal stance , in particular where macroeconomic imbalances could usefully be addressed by adjustments to the fiscal stance , a possible synergy that should be facilitated by the medium term fiscal structural plans;


### 13. welcomes that lessons have been learned from the rrf process by promoting more ownership of ways of putting member states in charge of designing their own national plans combining fiscal , reform and investment commitments within a common eu framework; greatly regrets that , unlike the rrf , the european parliament is excluded from defining the overarching goals , guidance , criteria for the debt reduction path , investments , reforms and the underlying assumptions on which the comprehensive debt sustainability analysis is based; regrets that neither the involvement of national parliaments nor that of national stakeholders and civil society is mentioned under project design , implementation or subsequent scrutiny , which sets back ownership and democratic accountability; ### 13. welcomes that lessons have been learned from the rrf process by promoting more ownership of ways of putting member states in charge of designing their own national plans combining fiscal , reform and investment commitments within a common eu framework; greatly regrets that , unlike the rrf , the european parliament is excluded from defining the overarching goals , guidance , criteria for the debt reduction path , investments , reforms and the underlying assumptions on which the comprehensive debt sustainability analysis is based; regrets that neither the involvement of national parliaments nor that of national stakeholders and civil society is mentioned under project design , implementation or subsequent scrutiny , which sets back ownership and democratic accountability; expects the commission to strengthen the legal role of the european parliament in the expected legislative proposals , and intends to redress these shortcomings in the legislative procedure;


### 14. recalls that the better law-making agreement reiterates that the european parliament and the council are to exercise their powers as co-legislators on an equal footing and that the commission therefore needs to treat them equally; stresses the role and responsibility of national parliaments; ### 14. recalls that the better law-making agreement reiterates that the european parliament and the council are to exercise their powers as co-legislators on an equal footing and that the commission therefore needs to treat them equally; stresses the role and responsibility of national parliaments in scrutinising the collective actions of national government , in spite of the council’s fragmented accountability;


### 1. reiterates its call for a capital increase and stresses that the european investment bank (eib) must maintain its ‘aaa’ rating and retain the confidence of the capital markets; ### 1. reiterates its call for a capital increase and stresses that the european investment bank (eib) and to maintain 'aaa' high credit rating , and full confidence of the capital market in all its activities in light of its increasing role in implementing union policies and within and outside the union; expects the eib to refrain from investments that could deter investors and increase its overall financing costs;


### 2. welcomes the financial assistance provided to ukraine; ### 2. welcomes the financial assistance packages to ukraine of 1.7 billion euros; takes note of the eib’s needs assessment of 420 billion eur in the rapid damages and needs assessment conducted in cooperation with the world bank ; calls for a continued thorough analysis of financial needs for ukraine’s reconstruction and sustainable development prioritizing local needs , including of the war’s impact on the environment; expects , eib to contribute to building back better with expertise (including elena in particular) as well as additional lending in line with the council conclusions from 15 december 2022 and to be fully compatible with the eu’s climate and environmental objectives , especially by building energy efficient buildings and ensuring forests protection from logging as well as substantially contributing to the demining effort; reminds the eib of the particular importance to carry out publicly available social and environmental impact assessments for projects , in particular those that may cause further damage and destruction of ecosystems , such as forestry , agriculture and hydropower projects; calls for a high degree of involvement of ukrainian civil society in this regard and in particular for inclusion of civil society representatives in the steering committee for the multi-agency donor coordination platform; takes not of the specific measures already taken in ukraine to ensure full regularity of the use of funds and expects the same standards to be upheld in future lending activities , especially as the financial flows are expected to increase considerably as well as to explore the possibility to use a war insurance mechanism


### 3. awaits the review of the climate bank roadmap ahead of cop28; expects full alignment with the 1.5 degree pathway , including the exclusion of blue hydrogen infrastructure and road and highway financing , and the requirement to conduct a solid assessment of less carbon-intensive alternatives and ‘scope 3’ emissions; ### 3. looks forward to the review of the climate band roadmap ahead of cop28; expects it to make the eib fully aligned with the 1.5 degree pathway; calls for an exclusion of road and highway financing , as well as fossil-based hydrogen infrastructures; reiterates its call for the review to include a solid assessment of less carbon intensive alternatives and ‘scope 3’ emissions for each project; recalls that the longstop date for non-paris-aligned operations was the end of 2022 , expects the eib to report on all signatures taken since the adoption of the climate bank roadmap;


### 4. calls for the eib’s derisking architecture for green assets to be adapted to take account of the mixed records of commercial viability and the risks associated with public finance , with a view to improving the risk-reward ratios for projects with limited bankability1; ### 4. calls on the eib to adapt its derisking architecture for green assets to the mixed records of commercial viability of investments needed for climate transition , and to take stock of risks associated with directing concessional loans and public finance to improving risk-reward ratios for projects with limited bankability 1;


### 5. reiterates its call to work only with clients and financial intermediaries that have credible decarbonisation plans; opposes the exemptions granted under the paris alignment for counterparties (path) framework in support of repowereu; calls for a halt to fossil fuel financing; ### 5. reiterates its call that the eib should only work with clients and financial intermediaries that have a credible decarbonisation plans including short term targets compatible with 1 ,5 degree target put in place at the earliest , and by 2025 at the latest; calls on the eib to systematically evaluate the credibility of the decarbonisation plans applying decarbonisation criteria compatible with 1 ,5 degree target before signing any new financial commitment; welcomes that the eib’s clean energy financing reached a record €19.4 billion in 2022 as well as the decision to upscale the energy lending volume and to make loans more attractive; however , is extremely concerned about the exemptions granted under the path framework under repowereu which will allow funding for companies with no decarbonisation plans and therefore increase oil drilling and engagement in the most polluting forms of unconventional fossil fuel production - coal mines and power plants , extracting oil from tar sands , drilling in the arctic or fracking ; calls for a full stop to fossil fuels financing , in all forms;


### 6. calls on eib global to devise a strategy centred on development additionality; ### 6. notes that eib global signed 10.8 billion euros in new financing; reminds that eib operations outside of europe are based on the general principles guiding eu external action as set forth in article 21 of the treaty on the european union , such as supporting democracy and the rule of law , human rights and fundamental freedoms; is of the opinion that eib global should also be accountable for compliance with the principles stated in the paris declaration on aid effectiveness and accra agenda for action (ownership , alignment , harmonisation , managing for results and mutual accountability); these principles should guide its operations as a public bank tasked with a development mandate; calls on eib global to develop a strategy centred on clear development additionality , as well as sustainable development agenda including solid human rights and environmental standards , and to include civil society organisations in that process; calls on the eib to address the global consequences of the russian aggression in this context with a particular focus on supply chain for food and sustainable access to food across the globe; calls on the eib to encourage member states to invite their respective development ministries to take part in the eib global's board advisory group; reiterates its call for eib global to limit blending operations to areas where they can add value to the local economy , while excluding blended finance from essential public services , particularly health , education and social protection , as the monetisation of those sectors could widen already existing inequalities and jeopardise the universal access to those services; expects the eib to pay particular attention to ensure a forced-labour free supply chain in its operations; calls on the eib global to increase its support to projects with limited bankability and high public return , and to lower the minimum loan size of individual projects , in particular in ldcs;


### 7. is concerned that the eib has , at least once , failed to conduct a full inquiry into allegations of bribery and misuse of funds involving a financial intermediary outside the eu; calls on the eib to reopen all such cases; ### 7. notes that over the last few years , the majority of cases dealt with by the eib complaints mechanism related to projects outside of the eu; reiterates its call on the eib to ensure that the complaints mechanism is accessible , effective and independent in order to detect and redress any possible human rights violations in eib related projects; is concerned that , in at least one occurrence , the eib failed to conduct a full inquiry in a case of alleged practices of bribery and misuse of funds by a financial intermediary outside of the eu; calls on the bank to reopen the case led through the complaints mechanism and to assess whether there was any breach of the anti-fraud policy , due to the reputational risks such cases could pose , also considering the social consequences that unfolded for local communities;


### 8. takes note of the information note on the eib’s human rights approach2; calls for clear and binding rules , in particular on human resources due diligenceassessment and ondisengagement; ### 8. takes note of recent eib note on its approach on human rights while pointing to the fact that there is no clear stance on when it should step in to resolve an issue or disengage from a project , or recover loans or investments , nor does it engage to external consultations despite repeated calls from the parliament; calls for clear and binding rules , in particular on assessment and disengagement to complement the note; reminds that the integration of human rights into its due diligence procedures , human rights impact assessments , and the need for the eib’s general human rights commitment to be anchored in a responsibility to respect human rights and expresses particular concern that since 2015 , no standalone human rights impact assessments have been required by the eib to be carried out by promoters; furthermore reiterates its call on eib global to ensure inclusive and meaningful consultation and engagement with communities impacted by its projects prior to their approval and throughout project implementation; underlines that specific measures should be implemented to include indigenous peoples , women , persons with disabilities and other vulnerable groups during the consultations;


### 9. is concerned that the transparency and harm prevention of eib intermediated investments have fallen behind other public financial institutions , rating only fair on the 2022 aid transparency index3; recalls that the eib’s 2021transparency policy runscounter to the presumption of disclosure; urges the eib to swiftlyimplement the european ombudsman’s recommendations of 21 april 20224. ### 9. is concerned that the eib falls behind other public financial institutions in terms of transparency , and in ensuring no harm is done by the bank’s intermediated investments rating only fair on the aid transparency index 3; recalls that in 2021 eib adopted newtransparency policy runcounter to the presumption of disclosure as it entails that the bank should think of its client interest first and then apply the grounds of refusal in a manner that concords with these interests and hence not aligned with applicable exceptions listed in 1049/2001 and 1367/2006; urges the eib to implement immediatelythe european ombudsman’s recommendations of 21 april 2022 on the need for the eib to adopt a ‘more ambitious approach to its disclosure practice’ , to act in line with eu transparency laws , and to be more transparent with regard to the potential environmental impact of the projects it finances and in particular more information about any financial intermediary sub-projects that have a significant impact on the environment4;


### b. whereas the roadmap towards the introduction of new own resources in the iia engages the institutions to keep the issue of the financing of the eu budget high on the political agenda in view of ensuring a viable path to refinancing the debts incurred in the context of nextgenerationeu (ngeu); ### b. whereas the roadmap towards the introduction of new own resources in the legally binding iia engages the institutions to keep the issue of the financing of the eu budget high on the political agenda in view of ensuring a viable path to refinancing the debts incurred in the context of nextgenerationeu (ngeu);


### 1. declares that eu finances are going through a critical period where a lack of reform would have highly detrimental effects on the future of eu policies and the trust of europeans and investors in the union; ### 1. declares that eu finances are going through a critical period where a lack of reform would have highly detrimental effects on the future of the european union and its policies and the trust of europeans and investors in the union;


### 2. stresses the crucial and growing importance of the eu budget in delivering on virtually all of the eu’s key policy objectives , its flagship programmes and its crisis intervention; underlines the multiple challenges the eu is facing such as building up its strategic autonomy , ending its reliance upon russian fossil fuels , completing the health union and the energy union and financing important common projects such as defence , civil protection and space; considers that all new eu policies and challenges must involve new means and extra resources; reiterates , in this regard , that robust , reliable and resilient financing of the eu budget requires a diversified and enlarged set of own resources; is convinced that there is huge potential in a well-designed reform of the eu own resources not only for strengthening the financing of its budgetary needs , but also for boosting its policy outputs , improving the fiscal equilibrium between the eu and member states and adding value to overall public finance; ### 2. stresses the crucial and growing importance of the eu budget in delivering on virtually all of the eu’s key policy objectives , in particular for the green and digital transitions , its flagship programmes and its crisis intervention; underlines the multiple challenges the eu is facing such as building up its strategic autonomy and resilience , ending its reliance upon fossil fuels , in particular russian , combating climate change and biodiversity crisis , completing the health union and the energy union and financing important common projects such as defence , civil protection and space or reacting on the new challenges linked to the developments in the global economy; considers that all new eu policies and challenges must involve new means and extra resources; reminds that the commission has stated that the unforeseen needs created by the war in europe are well beyond the means available in the current multiannual financial framework; reiterates , in this regard , that robust , reliable and resilient financing of the eu budget requires a diversified and enlarged set of own resources; is convinced that there is huge potential in a well-designed reform of the eu own resources not only for strengthening the financing of its budgetary needs , but also for boosting its policy outputs , improving the fiscal equilibrium between the eu and member states , adding value to overall public finance and in meeting the demands and expectations of the european citizens;


### 2. takes note of the commission’s commitment to put forward a proposal for the second basket of new own resources by the end of 2023; reiterates its demand that these new own resources be genuine and innovative and include proposals for a financial transaction tax and a digital services tax; ### 2. is concerned that the first basket of own resources will not generate enough revenues for the next generation eu funding; welcomes the commission’s commitment to put forward a proposal for the second basket of new own resources by the end of 2023; underlines that the second basket of own resources therefore needs to be ambitious and yield sufficient revenues; reiterates its demand that these new own resources be genuine and innovative and include proposals such as for a financial transaction tax and an own resource linked to the corporate sector; reiterates that the commission should submit a legislative proposal for a digital levy or a similar measure in the case of absence of progress on the implementation of the oecd/g20 if pillar 1 agreement;


### 3. recalls that the union is obliged to repay the principal and interest of the funds borrowed under the eu recovery plan; recalls , in this regard , that the eu institutions adopted a ‘repayment plan’ in the form of a legally binding interinstitutional agreement establishing a roadmap for the introduction of new own resources to cover the borrowing costs; recalls , in this context , that the triple-aaa rating of the eu as a quasi-sovereign borrower depends , inter alia , on the reliability of the institutions’ following up on their political commitment to introduce new own resources; ### 3. recalls that the union is obliged to repay the principal and interest of the funds borrowed under the eu recovery plan; recalls , in this regard , that the eu institutions adopted a ‘repayment plan’ in the form of a legally binding interinstitutional agreement establishing a roadmap for the introduction of new own resources to cover the borrowing costs; recalls , in this context , that the triple-aaa rating of the eu as a quasi-sovereign borrower depends , inter alia , on the reliability and credibility of the institutions’ following up on their political commitment to introduce new own resources; reminds that the euri repayment costs and their fluctuations already have negative impact on the eu budget and reiterates its call on the commission to address the issue of euri in the mid-term mff revision and place the euri over and above the mff ceilings;


### 3. underlines that new genuine own resources (also known as ‘fresh income’) are urgently needed in order to make the union budget more resilient and autonomous so as to allow the union to deliver on its policies and to ensure its standing as a credible and smart debt issuer; ### 3. underlines that new genuine own resources (also known as ‘fresh income’) are urgently needed in order to make the union budget more resilient and autonomous so as to allow the union to more flexibly and sovereignly deliver on its policies and to ensure its standing as a credible and smart debt issuer; believes that the relevance of eu own resources and their link to citizens should be more clearly communicated and explained to them;


### 5. expresses its high expectations that , with the ets- and cbam-based own resources , the long-standing demand for a better linkage of the eu revenue side with environmental policies and the rationale of climate mainstreaming across expenditure and revenue policies will finally become operational; notes that the sectoral negotiations on the cbam and the ets have led to an agreement; welcomes the fact that the resulting legal texts in the ets directive and the cbam regulation remain fully compatible with the own resources proposals; calls for the eu institutions to thoroughly assess the implications regarding the revenue estimations; insists on not using such analyses as a pretext for blocking decision-making; is aware , furthermore , that in the very long run , as the process of decarbonisation continues , the yields from the green own resources will diminish; ### 5. expresses its high expectations that , with the ets- and cbam-based own resources , the long-standing demand for a better linkage of the eu revenue side with environmental policies and the rationale of climate mainstreaming across expenditure and revenue policies will finally become operational; notes that the sectoral negotiations on the cbam and the ets have led to an agreement; welcomes the fact that the resulting legal texts in the ets directive and the cbam regulation remain fully compatible with the own resources proposals; calls for the eu institutions to thoroughly assess the implications regarding the revenue estimations; insists on not using such analyses as a pretext for blocking decision-making; is aware , furthermore , that in the very long run , as the process of decarbonisation continues , the yields from the green own resources will diminish; calls for sufficient economic measures to support the most precarious households impacted by the extension of the ets to housing and road sectors , over and beyond the funding available in the social climate fund and in particular the revenues from ets;


### 7. considers that these new own resources are necessary to avoid the next generation of europeans paying the price for the repayment of the principal and the interest of the funds borrowed under ngeu , either through an increased burden on taxpayers or via cuts in regular eu programmes directly affecting beneficiaries and project-holders; notes the legitimate demand by europeans for more social and tax justice; warns against any attempt to reduce funding for ordinary eu policies to make space for the repayment of eu debt , as this would endanger long-term eu goals , such as economic convergence , research and innovation or the green transition; ### 7. considers that these new own resources are necessary to avoid the next generation of europeans paying the price for the repayment of the principal and the interest of the funds borrowed under ngeu , either through an increased burden on taxpayers or via cuts in regular eu programmes directly affecting beneficiaries and project-holders; notes the legitimate demand by europeans for more social and tax justice; warns against any attempt to reduce funding for ordinary eu policies to make space for the repayment of eu debt , as this would endanger long-term eu goals , such as economic convergence , research and innovation or the green transition; underlines the heavy impact of inflation on the eu budget , which brings additional challenges for the implementation of the eu policy objectives;


### 8. regrets that the current way in which the eu budget is financed subjects it to national budgetary constraints , thus leading to undue downward pressure on its – already modest – overall volume and a ‘juste retour’ logic that does not reflect the solidarity principle at the core of eu integration; believes that this structure is one of the main reasons preventing the eu from fulfilling all its tasks effectively; is very concerned by the slow progress in the modernisation of the own resources system since the creation of the european communities; ### 8. regrets that the current way in which the eu budget is financed subjects it to national budgetary constraints , thus leading to undue downward pressure on its – already modest – overall volume and a ‘juste retour’ logic that does not reflect the solidarity principle at the core of eu integration; believes that this structure is one of the main reasons preventing the eu from fulfilling all its tasks effectively; is very concerned by the slow progress in the modernisation of the own resources system since the creation of the european communities; underlines that the introduction of new own resources will strengthen the fiscal autonomy and independence of the eu and achieve lasting benefits , not only in delivering eu policies but also ensuring the union’s standing as a credible and smart debt issuer for the next generation eu financing; regrets the lack of flexibility in the current mff framework , which hampers effective european solutions to new challenges such as the uneven playing field created by the us inflation reduction act; stresses that own resources are crucial to address these new challenges and underlines , therefore , that the amount of additional eu own resources must be sufficient to not only cover the debt service of the eu-bonds , including the incurring interest charges , but also to sustain and facilitate needed european investments beyond 2026 to finance the green transition of the eu economy , including providing an adequate european response to the us inflation reduction act;


### 9. calls on the member states in the council to adopt , as soon as possible , the new own resources from the first package of 14 december 2021; worries , however , that the amounts generated by the new own resources will not be sufficient to cover all ngeu repayments and borrowing costs; calls , therefore , on the commission to come forward with the next batch of proposals in the third quarter of 2023 at the latest; insists that these proposals take into account the priorities of the european parliament as outlined in here; ### 9. calls on the member states in the council to adopt the new own resources from the first package of 14 december 2021 without further delay as a matter of urgency; is highly worried , however , that the amounts generated by the new own resources will not be sufficient to cover all ngeu repayments and borrowing costs (estimated to 15 billion eur per year until 2058); calls , therefore , on the commission to come forward with the next batch of proposals in the third quarter of 2023 at the latest; insists that these proposals take into account the priorities of the european parliament as outlined in here;


### 11. believes that the eu revenue side should be used strategically to create incentives for more social and tax justice; underlines that green own resources should be complemented by tax-based own resources from the corporate sector for reasons of sufficiency , fiscal equivalence (those who benefit from the eu and its open markets should also contribute their fair share to its financing) and overall distributional fairness among member states and sectors; ### 11. believes that the eu revenue side should be used strategically to create incentives for more social , tax and environmental justice; underlines that green own resources should be complemented by tax-based own resources from the corporate sector for reasons of sufficiency , fiscal equivalence (those who benefit from the eu and its open markets should also contribute their fair share to its financing) and overall distributional fairness among member states and sectors;


### 12. looks forward to and places high hopes , in this context , in the commission’s upcoming business in europe: framework for income taxation (befit) initiative in the third quarter of 2023; agrees that a single corporate tax rulebook for the eu , based on the key features of a common tax base and the allocation of profits between member states by using a formula or formulary apportionment , would constitute an excellent starting point for a new own resource in the spirit of the roadmap; expects the new approach to this corporate tax-based own resource to address issues of national differences in corporate taxation that have so far impeded an own resource in this realm and to allow for a broad scope capturing more companies active in the single market than only the few very biggest and most profitable multinationals that are subject to the oecd pillar one agreement; ### 12. looks forward to and places high hopes , in this context , in the commission’s upcoming business in europe: framework for income taxation (befit) initiative in the third quarter of 2023; urges the commission to propose a single corporate tax rulebook for the eu , based on the key features of a common tax base and the allocation of profits between member states by using a formula or formulary apportionment as a new own resource in the spirit of the roadmap; expects the new approach to this corporate tax-based own resource to address issues of national differences in corporate taxation that have so far impeded an own resource in this realm and to allow for a broad scope capturing more companies active in the single market than only the few very biggest and most profitable multinationals that are subject to the oecd pillar one agreement; stresses that any such own resource must take account of the impact the implementation of pillar i and ii of the global tax deal on the distribution of revenues in member states; warns that if the negotiations regarding befit are not concluded in a reasonable time frame , the commission should consider other sources of revenue from large corporations that operate in the single market;


### 13. acknowledges with regret that any prospects for the introduction of a financial transaction tax under enhanced cooperation have faded away in the course of recent years; insists , nevertheless , that the financial sector be encompassed by the corporate or single market-based own resource initiative , ideally within the befit context; ### 13. urges the commission to revive the proposal for a financial transaction tax in its 2011 model , which should yield around 41 ,5 billion eur a year , and which has faded away in the course of recent years due to the council blockades and to include this proposal in its second basket of new own resources; is of the opinion that the 50% of the revenues of the ftt should become part of the eu budget as a new own resource; calls on the commission to consider a proposal for a new own resource based on an eu-wide vat on financial services and to evaluate furthermore as options a common and standardised withholding tax framework , or an excise duty on the repurchase of shares by corporations , also known as share buybacks; further invites the commission to consider a proposal for a new own resource based on taxing capital gains of financial institutions and multinational companies; insists that the financial sector be encompassed by the corporate or single market-based own resource initiative , ideally within the befit context;


### eu ‘fair border tax’ ### deleted


### 14. deplores the fact that the production chains for certain products and items entering the eu single market involve workers from third countries who do not receive a decent wage and , in some cases , live in extreme poverty; points out that importing such commodities into the eu leads to unfair competition (‘social dumping’) with goods produced in the eu where strict regulations and high standards apply; is very concerned by the inhumane living conditions of the poorest people worldwide; calls , in this regard , for the eu to live up to its promises in terms of sustainable standards and human development; ### deleted


### 15. calls , therefore , for the establishment of a ‘fair border tax’ requiring companies importing goods into the eu to pay a levy for any workers in their global supply chain who are paid a daily wage that is insufficient to allow them to escape absolute poverty , as characterised by international organisations; underlines that any company importing into the eu single market products made by workers paid less than a fixed poverty threshold would have to pay a duty amounting to the difference between this threshold and the salary their workers receive; ### deleted


### 16. considers that the eu ‘fair border tax’ would incentivise companies operating in the eu to raise salaries in their global supply chains and thus improve living conditions for workers in third countries and drive reform in countries with poor labour standards and regulations , while ensuring that european consumers do not contribute to extreme exploitation; notes that the competitiveness of companies producing in the eu could improve under this mechanism; points out that this mechanism should comply with world trade organization (wto) rules , in particular article xx(b) for the protection of human life or health; ### deleted


### 19. recalls that in its position of 23 november 202215 , parliament stated that in the event of a clear lack of progress at oecd level towards the multilateral convention by the end of 2023 , a legislative proposal should be submitted for a digital levy or similar measure that can be enacted unilaterally and which can serve as a basis for an own resource of the union in order to generate revenues by 2026; welcomes the debate over the contribution of large digital operators to network costs; ### 19. recalls and reiterates its call from its position of 23 november 202215 , parliament stated that in the event of a clear lack of progress at oecd level towards the multilateral convention by the end of 2023 , a legislative proposal should be submitted for a digital levy or similar measure that can be enacted unilaterally and which can serve as a basis for an own resource of the union in order to generate revenues by 2026; welcomes the debate over the contribution of large digital operators to network costs;


### 21. sees high potential added value in own resources in the form of statistics-based national contributions which provide member states with an incentive and a reward for vigorous implementation of eu-level policies; calls on the commission to assess and simulate the impact of such national contributions calculated on the basis of statistics in the social or environmental areas where robust , common harmonised eurostat data are available on an annual basis; ### 21. welcomes the policy steering effect of unrecycled-plastic based own resource; sees high potential added value in own resources in the form of statistics-based national contributions which provide member states with an incentive and a reward for vigorous implementation of eu-level policies; calls on the commission to assess and simulate the impact of such national contributions calculated on the basis of statistics in the social or environmental areas where robust , common harmonised eurostat data are available on an annual basis;


### 22. considers that the exact scope and call rate of such statistics-based national contributions could be scaled and calibrated in such a way as to ensure the overall distributive fairness of the next basket of own resources; holds that such an own resource could thus replace and render superfluous any artificial reductions , lump sum rebates or correction mechanisms on the revenue side , which would otherwise compromise the consistency and incentivising force of the own resources policy; ### 22. considers that the exact scope and call rate of such statistics-based national contributions could be scaled and calibrated in such a way as to ensure the overall distributive fairness of the next basket of own resources; holds that such a comprehensive and well calibrated basket of own resource could thus replace and render superfluous any artificial reductions , lump sum rebates or correction mechanisms on the revenue side , which compromise the consistency and incentivising force of the own resources policy;


### 24. calls for the establishment of a biowaste-based own resource; underlines that , under this mechanism , a share of gni-based contributions would be replaced by a new distribution key requiring member states recycling less biowaste to contribute more than member states that recycle more biowaste , in a proportionate way; considers that this own resource would incentivise member states to resort less to landfills; ### 24. calls for the establishment of a foodwaste-based own resource; underlines that , under this mechanism , a share of gni-based contributions would be replaced by a new distribution key requiring member states to pay contributions based on the amount of foodwaste generated in a given year; considers that this own resource would incentivise member states to implement policies for foodwaste reduction measures thought the production chain and in the consumption phase;


### 25. reiterates that any public revenue generated by the implementation of eu policies , the enforcement of eu regulations or the use of eu-funded infrastructure should , by default and in order to mutualise the benefits , accrue to the eu budget , as an own resource or as other revenue , in particular where the levying , collection and enforcement is organised centrally by the commission; calls on the commission , when drafting proposals and for parliament and the council , as legislative authorities , to comply with this cross-cutting approach in their legislative work; ### 25. reiterates that any public revenue generated by the implementation of eu policies , the enforcement of eu regulations or the use of eu-funded infrastructure should , by default and in order to mutualise the benefits , accrue to the eu budget , as an own resource or as other revenue , in particular where the levying , collection and enforcement is organised centrally by a union institution; calls on the commission , when drafting proposals and for parliament and the council , as legislative authorities , to comply with this cross-cutting approach in their legislative work;


### 34. recalls its consultative powers regarding the own resources decision; is convinced that a more pronounced role of the european parliament as the legislative and budgetary authority in the underlying legislation , as well as in the annual procedure concerning the revenue side and debt levels , could enhance the visibility , legitimacy and accountability of eu public finance; ### 34. recalls its consultative powers regarding the own resources decision; is convinced that equal footing with the council and a more pronounced role with co-decision power of the european parliament as the legislative and budgetary authority in the underlying legislation , as well as in the annual procedure concerning the revenue side and debt levels , would enhance the visibility , legitimacy and democratic accountability of eu public finance; calls for an end to the unanimity principle for fiscal matters in the council;


### 35. reminds member states that post-2027 multilateral financial framework negotiations will be linked with own resources negotiations; stands ready to make use of all its budgetary powers to ensure that clear and effective progress is made in the area of own resources; ### 35. reminds member states that post-2027 multilateral financial framework negotiations is fundamentally linked with own resources negotiations and the sufficient availability of own resources; stands ready to make use of all its budgetary powers to ensure that clear and effective progress is made in the area of own resources;


### (2) the main motive for cross-border organised crime , including high-risk criminal networks , is financial gain. therefore , to tackle the serious threat posed by organised crime , competent authorities should be given the means to effectively trace and identify , freeze , confiscate and manage the instrumentalities and proceeds of crime and property that stems from criminal activities. ### (2) the main motive for cross-border organised crime , including high-risk criminal networks , is financial gain. therefore , to tackle the serious threat posed by organised crime , competent authorities should be given the means to effectively trace and identify , freeze , confiscate and manage the instrumentalities and proceeds of crime and property that stems from criminal activities. the net proceeds resulting from the liquidation of confiscated assets should be reintroduced into legal economy. where the confiscated assets stem from the crime of russian aggression on ukraine and other crimes associated with this aggression , the net proceeds resulting from the liquidation of their confiscation should serve the goal of supporting ukraine in building back better.


### (2) the main motive for cross-border organised crime , including high-risk criminal networks , is financial gain. therefore , to tackle the serious threat posed by organised crime , competent authorities should be given the means to effectively trace and identify , freeze , confiscate and manage the instrumentalities and proceeds of crime and property that stems from criminal activities. ### (2) the main motive for cross-border organised crime , financial and economic crime including corruption , fraud , tax fraud and money laundering , as well as crime against the financial interest of the eu , and circumvention of eu-imposed trade and economic sanctions including when committed by high-risk criminal networks , is financial gain. therefore , to tackle the serious threat posed by organised crime and other forms of serious crime with a cross-border dimension aimed at generating substantial economic benefits , competent authorities should be given the means to effectively trace and identify , freeze , confiscate and manage the instrumentalities and proceeds of crime and property that stems from criminal activities.


### (3) an effective asset recovery system requires the swift tracing and identification of instrumentalities and proceeds of crime , and property suspected to be of criminal origin. such proceeds , instrumentalities , and property should be frozen in order to prevent its disappearance , following which it should be confiscated upon conclusion of criminal proceedings. an effective asset recovery system further requires the effective management of frozen and confiscated property to maintain its value for the state or for the restitution for victims. ### (3) an effective asset recovery system requires the swift tracing and identification of instrumentalities and proceeds of crime , and property suspected to be of criminal origin. such proceeds , instrumentalities , and property should be frozen in order to prevent its disappearance , following which it should be confiscated upon conclusion of proceedings in criminal matters. an effective asset recovery system further requires the effective management of frozen and confiscated property to maintain its value for the state , for the restitution for victims or for social reuse.


### (5) therefore , the existing legal framework should be updated , so as to facilitate and ensure effective asset recovery and confiscation efforts across the union. to that end , the directive should lay down minimum rules on tracing and identification , freezing , confiscation and management of property within the framework of proceedings in criminal matters. in this context , proceedings in criminal matters is an autonomous concept of union law interpreted by the court of justice of the european union , notwithstanding the case law of the european court of human rights. the term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. it also covers other types of orders issued without a final conviction. proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. it is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. for this purpose , rules should be laid down to strengthen asset tracing and identification , as well as freezing capabilities , to improve management of frozen and confiscated property , to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities of criminal organisations , and to improve the overall efficiency of the asset recovery system. ### (5) therefore , the existing legal framework should be updated , so as to facilitate and ensure effective asset recovery and confiscation efforts across the union as well as to enable channelling of the net proceeds resulting from the liquidation of confiscated assets into the union budget in the form of new own resources and , where the assets stem from the crime of russian aggression on ukraine , in the form of external assigned revenue before the relevant own resources decision enters into force and without prejudice to restitution , compensation , to the victims/public concerned. to that end , the directive should lay down minimum rules on tracing and identification , freezing , confiscation and management of property within the framework of proceedings in criminal matters. in this context , proceedings in criminal matters is an autonomous concept of union law interpreted by the court of justice of the european union , notwithstanding the case law of the european court of human rights. the term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. it also covers other types of orders issued without a final conviction. proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. it is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. for this purpose , rules should be laid down to strengthen asset tracing and identification , as well as freezing capabilities , to improve management of frozen and confiscated property , to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities of criminal organisations , and to improve the overall efficiency of the asset recovery system.


### (5) therefore , the existing legal framework should be updated , so as to facilitate and ensure effective asset recovery and confiscation efforts across the union. to that end , the directive should lay down minimum rules on tracing and identification , freezing , confiscation and management of property within the framework of proceedings in criminal matters. in this context , proceedings in criminal matters is an autonomous concept of union law interpreted by the court of justice of the european union , notwithstanding the case law of the european court of human rights. the term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. it also covers other types of orders issued without a final conviction. proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. it is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. for this purpose , rules should be laid down to strengthen asset tracing and identification , as well as freezing capabilities , to improve management of frozen and confiscated property , to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities of criminal organisations , and to improve the overall efficiency of the asset recovery system. ### (5) therefore , the existing legal framework should be updated , so as to facilitate and ensure effective asset recovery and confiscation efforts across the union. to that end , the directive should lay down minimum rules on tracing and identification , freezing , confiscation and management of property within the framework of proceedings in criminal matters. in this context , proceedings in criminal matters is an autonomous concept of union law interpreted by the court of justice of the european union , notwithstanding the case law of the european court of human rights. the term covers all types of freezing and confiscation orders issued following proceedings in relation to a criminal offence. it also covers other types of orders issued without a final conviction. proceedings in criminal matters could also encompass criminal investigations by the police and other law enforcement authorities. it is necessary to reinforce the capacity of competent authorities to deprive criminals of the proceeds from criminal activities. for this purpose , rules should be laid down to strengthen asset tracing and identification , as well as freezing capabilities , to improve management of frozen and confiscated property , to strengthen the instruments to confiscate instrumentalities and proceeds of crime and property derived from criminal activities , and to improve the overall efficiency of the asset recovery system.


### (6) moreover , the adoption of unprecedented and far-reaching union restrictive measures triggered by the russian invasion into ukraine revealed the need to step up efforts to ensure the effective implementation of both sectorial and individual union restrictive measures across the union. while not criminal in nature , nor requiring criminal conduct as a pre-condition for their imposition , union restrictive measures also rely on freezing of funds (i.e. targeted financial sanctions) and sectorial measures , and should thus benefit from strengthened capabilities in the context of identification and tracing of property. for such purpose , rules should be established to enhance the effective identification and tracing of property owned or controlled by persons and entities subject to such restrictive measures , and to promote greater international cooperation of asset recovery offices with their counterparts in third countries. measures related to freezing and confiscation under this directive , notably those under chapters iii and iv , remain however limited to situations where property stems from criminal activities , such as the violation of union restrictive measures. this directive does not regulate the freezing of funds and economic resources under union restrictive measures. ### (6) moreover , the adoption of unprecedented and far-reaching union restrictive measures triggered by the russian invasion into ukraine revealed the need to step up efforts to ensure the effective implementation of both sectorial and individual union restrictive measures across the union. while not criminal in nature , nor requiring criminal conduct as a pre-condition for their imposition , union restrictive measures also rely on freezing of funds (i.e. targeted financial sanctions) and sectorial measures , and should thus benefit from strengthened capabilities in the context of identification and tracing of property. for such purpose , rules should be established to enhance the effective identification and tracing of property owned or controlled by persons and entities subject to such restrictive measures , and to promote greater international cooperation of asset recovery offices with their counterparts in third countries. measures related to freezing and confiscation under this directive , notably those under chapters iii and iv , remain however limited to situations where property stems from criminal activities , such as the violation of union restrictive measures. where the assets stem from the crime of russian aggression on ukraine or associated crimes , the net proceeds resulting from the liquidation of confiscated assets should be dedicated to the reconstruction efforts of ukraine and contributions towards the compensation of victims.


### (22) freezing measures should be without prejudice to the possibility for a specific property to be considered evidence throughout the proceedings , provided that it would ultimately be made available for effective execution of the confiscation order. in the context of criminal proceedings , property may also be frozen with a view to its possible subsequent restitution or in order to safeguard compensation for the damage caused by a criminal offence. ### (22) freezing measures should should include measures aimed at preserving and optimizing the value of concerned property until its disposal and be without prejudice to the possibility for a specific property to be considered evidence throughout the proceedings , provided that it would ultimately be made available for effective execution of the confiscation order. in the context of criminal proceedings , property may also be frozen with a view to its possible subsequent restitution or in order to safeguard compensation for the damage caused by a criminal offence.


### (22) freezing measures should be without prejudice to the possibility for a specific property to be considered evidence throughout the proceedings , provided that it would ultimately be made available for effective execution of the confiscation order. in the context of criminal proceedings , property may also be frozen with a view to its possible subsequent restitution or in order to safeguard compensation for the damage caused by a criminal offence. ### (22) freezing measures should include measures aimed at preserving and optimizing the value of concerned property until its disposal and should be without prejudice to the possibility for a specific property to be considered evidence throughout the proceedings , in line with applicable law on admissibility of evidence and related procedural safeguards , and provided that such property would ultimately be made available for effective execution of the confiscation order. in the context of criminal proceedings , property may also be frozen with a view to its possible subsequent restitution to the legitimate of owner from whom the property was stolen , or in order to safeguard compensation to the victims and to the public concerned for the damage caused by a criminal offence.


### (39) an effective recovery system requires concerted efforts of a wide range of authorities , from law enforcement , including customs authorities , tax authorities and tax recovery authorities to the extent that they are competent for asset recovery , asset recovery offices , judicial authorities and asset management authorities , including asset management offices. in order to ensure coordinated action by all competent authorities , it is necessary to establish a more strategic approach to asset recovery and promote a greater cooperation between the relevant authorities , and to obtain a clear overview of the results of asset recovery. for this purpose , member states should adopt and regularly review a national strategy on asset recovery to guide actions in relation to financial investigations , freezing and confiscation , management as well as final disposal of the relevant instrumentalities , proceeds , or property. furthermore , member states should provide competent authorities with the necessary resources to be able to fulfil their tasks effectively. competent authorities should be understood as the authorities entrusted with the carrying out of the tasks as outlined under this directive and according to national set-ups. ### (39) an effective asset tracing and recovery system as well as maintaining the value of frozen assets requires concerted efforts of a wide range of authorities , from law enforcement , including customs authorities , tax authorities and tax recovery authorities to the extent that they are competent for asset recovery , asset recovery offices , judicial authorities and asset management authorities , including asset management offices. in order to ensure coordinated action by all competent authorities , it is necessary to establish a more strategic approach to asset recovery and promote a greater cooperation between the relevant authorities , and to obtain a clear overview of the results of asset recovery. for this purpose , member states should adopt and regularly review a national strategy on asset recovery to guide actions in relation to financial investigations , freezing and confiscation , management as well as final disposal of the relevant instrumentalities , proceeds , or property. furthermore , member states should provide competent authorities with the necessary resources to be able to fulfil their tasks effectively. competent authorities should be understood as the authorities entrusted with the carrying out of the tasks as outlined under this directive and according to national set-ups.


### (46) in order to ensure that there is a common understanding and minimum standards for asset tracing and identification , freezing and management , this directive should lay down minimum rules for the relevant measures as well as related safeguards. the adoption of minimum rules does not prevent member states from granting more extensive powers to asset recovery offices or to asset management offices , or to provide for additional safeguards under national law , provided that such national measures and provisions do not undermine the objective of this directive. ### (46) in order to ensure that there is a common understanding and minimum standards for asset tracing and identification , freezing and management , this directive should lay down minimum rules for the relevant measures as well as related safeguards. furthermore , the implementation of the directive and in particular the measures undertaken to safeguard the value of frozen assets as well as the use of the proceeds from the liquidation of confiscated assets should be done in a way to ensure that no significant harm to any of the six environmental objectives , within the meaning of article 17 , on the establishment of a framework to facilitate sustainable investment (eu taxonomy regulation) is done. the adoption of minimum rules does not prevent member states from granting more extensive powers to asset recovery offices or to asset management offices , or to provide for additional safeguards under national law , provided that such national measures and provisions do not undermine the objective of this directive.


### 2. member states shall ensure that staff of the asset recovery offices comply with the rules on confidentiality and professional secrecy as provided for under applicable national law. member states shall also ensure that staff of asset recovery offices have the necessary specialised skills and abilities to perform their roles effectively. ### 2. member states shall ensure that staff of the asset recovery offices comply with the rules on confidentiality and professional secrecy and ethics as provided for under applicable national law. member states shall also ensure that staff of asset recovery offices have the necessary specialised skills and abilities to perform their roles effectively and provide regular training including on ethics , integrity and anti-corruption.


### 2. member states shall ensure that staff of the asset recovery offices comply with the rules on confidentiality and professional secrecy as provided for under applicable national law. member states shall also ensure that staff of asset recovery offices have the necessary specialised skills and abilities to perform their roles effectively. ### 2. member states shall ensure that staff of the asset recovery offices comply with the procedural safeguards applicable to asset tracing investigations in criminal proceedings , rules on confidentiality and professional secrecy as provided for under applicable national law , as well as with the union data protection acquis. member states shall also ensure that staff of asset recovery offices have the necessary specialised skills and abilities to perform their roles effectively.


### 2. member states shall consider taking measures allowing confiscated property to be used for public interest or social purposes. ### 2. member states shall use of the net proceeds resulting from the liquidation of confiscated asset except for those established as an own resource in accordance with article 311(3) tfeu and those linked to the russian aggression in ukraine which constitute external assigned revenue in accordance with article 21(5) of the financial regulation until the establishment of an own resource in accordance with article 311(3) tfeu and without prejudice to restitution , compensation , to the victims/public concerned. member states shall use a substantial share of the remaining income to be used for public interest also beyond the remit of public entities or social purposes including by civil society organizations as a priority.


### 2. member states shall consider taking measures allowing confiscated property to be used for public interest or social purposes. ### 2. member states shall take the necessary measures allowing confiscated property to be used for public interest or social purposes.


### member states shall ensure that asset recovery offices and asset management offices performing tasks pursuant to this directive , have appropriately qualified staff and appropriate financial , technical and technological resources necessary for the effective performance of their functions related to the implementation of this directive. ### member states shall ensure that asset recovery offices and other competent authorities performing tasks pursuant to this directive , have a sufficient number of appropriately qualified staff and appropriate financial , technical and technological resources necessary for the effective performance of their functions related to the implementation of this directive.


### 1. member states shall collect and maintain comprehensive statistics at central level on the measures taken under this directive. ### 1. member states shall collect and maintain comprehensive statistics at central level on the measures taken under this directive including of the net value of proceeds from the liquidation of confiscated assets.


### 2. member states shall ensure that the statistics referred to in paragraph 1 are collected on a calendar basis and transmitted to the commission on an annual basis , by [1 september] of the following year. ### 2. member states shall ensure that the statistics referred to in paragraph 1 are collected on a calendar basis and transmitted to the commission on an annual basis , by [15 march] of the following year.


### (9) due to the poly-criminal nature of and the systemic and profit-oriented cooperation of criminal organisations involved in a wide range of illicit activities in different markets , an effective fight against organised crime requires that freezing and confiscation measures are available to cover the profits from all offences where organised crime groups are active in. these crimes include the areas of crime listed in article 83(1) , including the illicit trafficking in weapons , munitions and explosives as defined in the protocol against the illicit manufacturing of and trafficking in firearms , their parts and components and ammunition , supplementing the united nations convention against transnational organized crime , to which the union is party. in addition to the crimes listed in article 83(1) , the scope of the directive should also cover all crimes that are harmonised at eu level , including frauds against the financial interests of the european union in light of the increasing involvement of organised criminal groups in such crime area. the scope of the directive should further include environmental crimes , which are a core business for organised criminal groups and are often connected to money laundering or concern waste and residues produced in the context of drug production and trafficking. the facilitation of unauthorized entry and residence constitute a core business for organised criminal groups and is typically connected to the trafficking in human beings. ### (9) an effective fight against organised crime requires that freezing and confiscation measures are available to cover the profits from all offences in the areas of crime listed in article 83(1). in addition to the crimes listed in article 83(1) , the scope of the directive should also cover all crimes that are harmonised at eu level , including frauds against the financial interests of the european union in light of the increasing involvement of organised criminal groups in such crime area. the scope of the directive should further include environmental crimes , which are a core business for organised criminal groups and are often connected to money laundering or concern waste and residues produced in the context of drug production and trafficking.


### (10) other crimes committed within the framework of a criminal organisation play a pivotal role in generating revenues and in enabling further crimes , including serious crimes with a cross-border nature. such crimes should be included in the scope of the directive to the extent to which they are committed within the framework of a criminal organisation. the counterfeiting and piracy of products is linked to money laundering and the forgery of documents , and threatens the functioning of the single market and fair competition. the illicit trafficking in cultural goods , including antiques and works of art , is often intertwined with money laundering and constitutes an important source of financing for organised criminal groups. forgery of administrative documents and trafficking therein , including bank documents or identification documents , is a key enabling tool for money laundering , trafficking in human beings , or migrant smuggling , and should as such be covered in the scope of this directive. other crimes which are often carried out within the framework of an organised crime group include murder or grievous bodily harm , as well as the illicit trade in human organs and tissue , which are a source of revenue for organised crime groups in the context of contract killings , intimidation and trafficking in human beings. similarly kidnapping , illegal restraint or hostage taking , as well as racketeering and extortion , are utilized either as source of revenue through the collection of ransom money or as intimidation tactics against adversaries. the crime of organised or armed robbery is one of the most common forms to generate profits for organised criminal groups , and it is often committed in conjunction with other crimes , in particular the trafficking in firearms. similarly , the trafficking in stolen vehicles cannot only generate profits but also represents an enabling crime to provide for the necessary instrumentalities to carry out further offences. in addition , it is key to include tax crimes to the extent it is committed as part of a criminal organisation in the scope of the directive , as this specific crime is an enabling source of profits , especially when operating in a cross-border context. typical techniques employed to commit tax fraud or evasion consist of making use of cross-border corporate structures or similar arrangements to fraudulently obtain tax benefits and refunds , hide assets or profits , merge legal with illicit profits and assets or to transfer them to other entities abroad to disguise their origins or (beneficial) ownership. ### (10) financial and economic crimes , environmental crime and crimes committed within the framework of a criminal organisation play a pivotal role in generating revenues and in enabling further crimes , including serious crimes with a cross-border nature. such crimes should be included in the scope of the directive. the counterfeiting and piracy of products is linked to money laundering and the forgery of documents , and threatens the functioning of the single market and fair competition. the illicit trafficking in cultural goods , including antiques and works of art , is often intertwined with money laundering and constitutes an important source of financing for organised criminal groups. forgery of administrative documents and trafficking therein , including bank documents or identification documents , is a key enabling tool for money laundering , trafficking in human beings , or migrant smuggling , and should as such be covered in the scope of this directive. other crimes which are often carried out within the framework of an organised crime group include murder or grievous bodily harm , as well as the illicit trade in human organs and tissue , which are a source of revenue for organised crime groups in the context of contract killings , intimidation and trafficking in human beings. similarly kidnapping , illegal restraint or hostage taking , as well as racketeering and extortion , are utilized either as source of revenue through the collection of ransom money or as intimidation tactics against adversaries. the crime of organised or armed robbery is one of the most common forms to generate profits for organised criminal groups , and it is often committed in conjunction with other crimes , in particular the trafficking in firearms. similarly , the trafficking in stolen vehicles cannot only generate profits but also represents an enabling crime to provide for the necessary instrumentalities to carry out further offences. in addition , it is key to include tax crimes in the scope of the directive , as this specific crime is an enabling source of profits , especially when operating in a cross-border context. typical techniques employed to commit tax fraud or evasion consist of making use of cross-border corporate structures or similar arrangements to fraudulently obtain tax benefits and refunds , hide assets or profits , merge legal with illicit profits and assets or to transfer them to other entities abroad to disguise their origins or (beneficial) ownership.


### (17) in order to perform effective asset tracing investigations , and to swiftly respond to cross-border requests , asset recovery offices should have access to the information that allows them to establish the existence , ownership or control of property that may become object of a freezing or a confiscation order. therefore , asset recovery offices should have access to the relevant data such as fiscal data , national citizenship and population registries , commercial databases and social security information. this should include law enforcement information in so far as data such as criminal records , vehicles stops , property searches and previous legal actions such as freezing and confiscation orders or seizures of cash can be of value to identify relevant property. access to information should be subject to specific safeguards that prevent the misuse of the access rights. these safeguards should be without prejudice to article 25 of directive (eu) 2016/680 of the european parliament and of the council23. the direct and immediate access to this information does not prevent member states from making access subject to procedural safeguards as established under national law while taking due account of the need for asset recovery offices to be able to swiftly reply to cross-border requests. the implementation of the procedural safeguards for access to databases should not affect the ability of asset recovery offices to respond to requests from other member states , especially in case of urgent requests. access to relevant databases and registries under this directive should complement access to bank account information pursuant to directive (eu) 2019/1153 of the european parliament and of the council24and to beneficial ownership information pursuant to directive (eu) 2015/849 of the european parliament and of the council25. ### (17) in order to perform effective asset tracing investigations , and to swiftly respond to cross-border requests , asset recovery offices should have access to the information that allows them to establish the existence , ownership or control of property that may become object of a freezing or a confiscation order. therefore , asset recovery offices should have access to the relevant data such as fiscal data , national citizenship and population registries , commercial databases and social security information. this should include law enforcement information in so far as data such as criminal records , vehicles stops , property searches and previous legal actions such as freezing and confiscation orders or seizures of cash can be of value to identify relevant property. access to information should be subject to specific safeguards that prevent the misuse of the access rights and undue interferences with fundamental rights of concerned individuals. these safeguards should be without prejudice to article 25 of directive (eu) 2016/680 of the european parliament and of the council23. the access to this information by assets recovery offices should remain subject to procedural safeguards as established under national law while taking due account of the need for asset recovery offices to be able to swiftly reply to cross-border requests. the implementation of the procedural safeguards for access to databases should not affect the ability of asset recovery offices to respond to requests from other member states , especially in case of urgent requests , provided that such requests comply with fundamental rights. access to relevant databases and registries under this directive should complement access to bank account information pursuant to directive (eu) 2019/1153 of the european parliament and of the council24and to beneficial ownership information pursuant to directive (eu) 2015/849 of the european parliament and of the council25 , as well as access to the list of persons , groups and entities subject to eu restrictive measures.


### (20) confiscation leads to the final deprivation of property. however , preservation of property can be a prerequisite to confiscation and is often essential for the effective enforcement of a confiscation order. property is preserved by means of freezing. in order to prevent the dissipation of property before a freezing order can be issued , the competent authorities in the member states , including asset recovery offices , should be empowered to take immediate action in order to secure such property. ### (20) confiscation leads to the final deprivation of property. however , preservation of property can be a prerequisite to confiscation and is often essential for the proper tracing of proceeds and other property directly or indirectly derived from criminal conduct , and for the effective enforcement of a confiscation order. property is preserved by means of freezing. in order to prevent the dissipation of property before a freezing order can be issued , the competent authorities in the member states , including asset recovery offices , should be empowered to take immediate action in order to secure such property. in order to take such action with due diligence and without undue delay , those competent authorities should be sufficiently staffed and trained.


### (21) given the limitation on the right to property imposed by freezing orders , such provisional measures should not be maintained longer than necessary to preserve the availability of the property with a view to possible subsequent confiscation. this may require a review by the national court in order to ensure that the purpose of preventing the dissipation of property remains valid. ### (21) given the limitation on the right to property imposed by freezing orders , such provisional measures should not be maintained longer than necessary to preserve the availability of the property with a view to possible subsequent confiscation. a review by the national court should be ensured in case a freezing order has been taken by a competent authority other than a judicial authority in order to ensure that the purpose of preventing the dissipation of property remains valid.


### (24) the practice by a suspected or accused person of transferring property or proceeds to a knowing third party with a view to avoiding confiscation is common and widespread. acquisition by a third party refers to situations where , for example , property has been acquired , directly or indirectly , for example through an intermediary , by the third party from a suspected or accused person , including when the criminal offence has been committed on their behalf or for their benefit , and when an accused person does not have property that can be confiscated. such confiscation should be possible in cases where it has been established that third parties knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation , on the basis of concrete facts and circumstances , including that the transfer was carried out free of charge or in exchange for an amount significantly lower than the market value. the rules on third party confiscation should extend to both natural and legal persons , without prejudice to the right of third parties to be heard , including the right to claim ownership of the property concerned. in any event , the rights of bona fide third parties should not be affected. ### (24) the practice by a suspected or accused person of transferring property or proceeds to a knowing third party with a view to avoiding confiscation is common and widespread. acquisition by a third party refers to situations where , for example , property has been acquired , directly or indirectly , for example through an intermediary , by the third party from a suspected , accused , or convicted person , including when the criminal offence has been committed on their behalf or for their benefit , and when an accused person does not have property that can be confiscated. such confiscation should be possible in cases where a national court has established that the third parties knew or ought to have known that the property is directly or indirectly linked to criminal conduct or knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation , on the basis of concrete facts and circumstances , including that the transfer was carried out free of charge or in exchange for an amount significantly disproportionate to the market value. the rules on third party confiscation should extend to both natural and legal persons , without prejudice to the right of third parties to be heard , including the right to claim ownership of the property concerned. in case of transferred tangible proceeds or tangible property directly derived from criminal conduct , the affected party should bear the burden of proof that the purchasing of the confiscated property has taken place in bona fide and with due diligence.


### (26) confiscation should also be possible where a court is satisfied that the instrumentalities , proceeds , or property in question is derived from criminal conduct but where a final conviction is not possible because of illness , absconding or death of the suspected or accused person , or because the suspected or accused person cannot be held liable because of immunity or amnesty as provided for under national law. the same should be possible where the time limits prescribed under national law have expired , where such time limits are not sufficiently long to allow for the effective investigation and prosecution of the relevant criminal offences. confiscation in such cases should only be allowed where the national court is satisfied that all the elements of the offence are present. for reasons of proportionality , confiscating property without a prior conviction should be limited to cases of serious crimes. the right of the defendant to be made aware of the proceeding and to be represented by a lawyer should not be affected. ### (26) confiscation should also be possible where a court is satisfied that the instrumentalities , proceeds , or property in question is derived from criminal conduct but where a final conviction is not possible because of illness or absconding of the suspected or accused person , or because the suspected or accused person cannot be held liable because of immunity as provided for under international law. member states may take the necessary measures to also enable the confiscation of instrumentalities and proceeds , or property in cases where criminal proceedings have been initiated but the proceedings could not be continued because of death of the suspected or accused person , or because the time limits prescribed by national law have expired , where such limits are not sufficiently long , and not exceeding 15 years to allow for the effective investigation and prosecution of the relevant criminal offences , while keeping to a reasonable and proportional limitation period. confiscation in such cases should only be allowed where the national court is convinced that all the elements of the offence are present , and that the property to be confiscated is linked directly or indirectly to the criminal offence. if the verifications directed at establishing the illegal origin of the property to be confiscated take place within a criminal proceeding , the burden of proof should be carried by the prosecution. for reasons of proportionality , confiscating property without a prior conviction should be limited to cases of serious crimes. the right of the defendant to be made aware of the proceeding and to be represented by a lawyer should not be affected.


### (27) for the purposes of this directive , illness should be understood to mean the inability of the suspected or accused person to attend the criminal proceedings for an extended period , as a result of which the proceedings cannot continue. ### (27) for the purposes of this directive , illness should be understood to mean the inability of the suspected or accused person , corroborated by an ascertainable medical report , to attend the criminal proceedings , even remotely , for an extended period , as a result of which the proceedings cannot continue after a certain delay.


### (28) due to the intrinsically opaque nature of organised crime , it is not always possible to link property derived from criminal activities to a specific criminal offence and confiscate such property. in such situations , confiscation should be possible under certain conditions including in particular: the property is frozen based on suspicion of crimes committed within the framework of a criminal organisation , these criminal offences are liable to give rise to substantial economic benefits and the court is satisfied that the frozen property is derived from criminal activities carried out within the framework of a criminal organisation. these conditions should ensure that confiscation of property not linked to a specific offence for which the owner has been convicted is limited to criminal activities of criminal organisations that are serious in nature and liable to generate substantial benefits. when determining whether the offences are liable to give rise to significant benefits , member states should take into account all relevant circumstances of the offence , including whether the criminal activities were committed with the intention to generate regular substantial profits. while it should not be a precondition for the national court to be satisfied that a criminal offence has been committed , the court must be satisfied that the property in question is derived from criminal offences. when determining whether or not the property in question derived from criminal activities , the national courts should take into account all relevant circumstances of the case , including the fact that the property is substantially disproportionate to the lawful income of the owner. member states should then require and award an effective possibility for the owner of the property to prove that the property in question derives from lawful activities. ### (28) due to the intrinsically opaque nature of organised crime , it is not always possible to link property derived from criminal activities to a specific criminal offence and confiscate such property. in such situations , confiscation should be possible under certain conditions including in particular: the property is frozen based on suspicion of crimes committed within the framework of or in connection with a criminal organisation or state structures involved in fraudulent or corrupt activities , these criminal offences are liable to give rise to substantial economic benefits or were committed by a politically exposed person in the exercise of their public function or have been facilitated by the exercise of the person’s public function , and the court is convinced that the frozen property is derived from criminal activities carried out within the framework of or in connection with a criminal organisation or state structures involved in fraudulent or corrupt activities. these conditions should ensure that confiscation of property not linked to a specific offence for which the owner has been convicted is limited to criminal activities of criminal organisations and state structures involved in fraudulent or corrupt activities , or criminal activities run in connection to them , that are serious in nature and liable to generate substantial benefits. when determining whether the criminal activities are liable to give rise to significant benefits , member states should take into account all relevant circumstances of the criminal conduct , including whether the criminal offence was committed with the intention to generate regular substantial profits or to deprive third-parties of a substantial part of their rights. while it should not be a precondition for the national court to be convinced that a criminal offence has been committed , the court must be convinced that the property in question is derived from criminal offences. when determining whether or not the property in question derived from criminal activities , the national courts should take into account all relevant circumstances of the case , including the fact that the property is substantially disproportionate to the lawful income of the owner. if the verifications directed at establishing the illegal origin of the property to be confiscated take place within a criminal proceeding , the burden of proof should be carried by the prosecution. if such verifications take place within a civil or administrative proceeding , member states should then require and award an effective possibility for the owner of the property to prove , in a reasonable delay , that the property in question derives from lawful activities.


### (30) in circumstances where the property frozen is perishable , rapidly depreciating , or whose maintenance costs are disproportionate to its expected value at the time of confiscation , or that is too difficult to administer or is easily replaceable , member states should allow for the sale of this property. before taking such a decision , the owner of the property should have the right to be heard. member states should consider the possibility to charge the costs of the management of frozen property to the beneficial owner , for instance in alternative to the ordering of an interlocutory sale , and in case of final conviction. these rules , including the possibility for the costs for the management of frozen property to be charged to the beneficial owner , apply to property identified in the context of the implementation of union restrictive measures to the extent that they have been frozen in relation to criminal charges , such as violation of union restrictive measures. ### (30) in circumstances where the property frozen is perishable , rapidly depreciating , or whose maintenance costs are disproportionate to its expected value at the time of confiscation , or is easily replaceable , member states should allow for the sale of this property. the sale of confiscated should remain the last resort with respect to compensation of the victims and social reuse. before taking such a decision , the owner of the property should have the right to be heard. member states should consider the possibility to charge the costs of the management of frozen property to the beneficial owner , for instance in alternative to the ordering of an interlocutory sale , and in case of final conviction. these rules , including the possibility for the costs for the management of frozen property to be charged to the beneficial owner , apply to property identified in the context of the implementation of union restrictive measures to the extent that they have been frozen in relation to criminal charges , such as violation of union restrictive measures


### 1. this directive establishes minimum rules on the tracing and identification , freezing , confiscation , and management of property within the framework of proceedings in criminal matters. ### 1. this directive establishes minimum rules on the tracing and identification , freezing , confiscation , and management of property within the framework of criminal proceedings.


### 2. this directive also establishes rules to facilitate the effective implementation of union restrictive measures and the subsequent recovery of related property where necessary to prevent , detect or investigate criminal offences related to the violation of union restrictive measures. ### 2. this directive also establishes rules to facilitate the effective implementation of union restrictive measures and the tracing and subsequent recovery of related property where necessary to prevent , detect or investigate criminal offences related to the violation of union restrictive measures.


### environmental crime , including illicit trafficking in endangered animal species and in endangered plant species and varieties as defined in in directive 2008/99/ec of the european parliament and of the council50 , as well as offences related to ship pollution as defined in directive 2005/35/ec as amended by directive 2009/123/ec51; ### environmental crime as defined in directive of the european parliament and of the council xxx [proposal for a directive of the european parliament and of the council on the protection of the environment through criminal law and replacing directive 2008/99/ec] ;


### facilitation of unauthorised entry and residence , as defined in council framework decision 2002/946/jha52 , and council directive 2002/90/ec53; ### deleted


### tax crimes relating to direct taxes and indirect taxes and as defined in the national law of the member states , which are punishable by deprivation of liberty or a detention order of at least one year. ### tax crimes relating to direct taxes and indirect taxes and as defined in the national law of the member states.


### 2. asset tracing investigations pursuant to paragraph 1 shall be carried out immediately by competent authorities whenever an investigation is initiated in relation to a criminal offence which is likely to give rise to substantial economic benefit , or where necessary to prevent , detect or investigate criminal offences related to the violation of union restrictive measures. ### 2. asset tracing investigations pursuant to paragraph 1 shall be carried out immediately by competent authorities when instrumentalities and proceeds , or a property become the object of a freezing or confiscation order in the course of criminal proceedings , whenever an investigation is initiated in relation to a criminal offence listed under article 2 paragraph 1 as well as when an investigation is initiated in relation to one of the offences identified under article 2 paragraphs 2 and 4 , when such offence is likely to give rise to substantial economic benefit , or where necessary to prevent , detect or investigate criminal offences related to the violation of union restrictive measures.


### trace and identify instrumentalities , proceeds , or property which may become or is the object of a freezing or confiscation order issued by another member state; ### trace and identify instrumentalities , proceeds , or property to be frozen or confiscated pursuant to an order issued by a competent judicial authority in another member state;


### exchange information with other asset recovery offices in the member states related to the effective implementation of union restrictive measures where necessary to prevent , detect or investigate criminal offences. ### exchange information with other member states' asset recovery offices as well as with the commission ‘freeze and seize’ task force in relation to the effective implementation of union restrictive measures , where necessary to prevent , detect or investigate criminal offences.