Proposal for a COUNCIL DECISION on the signing, on behalf of the European Community, of the United Nations Convention against Corruption

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. background

In its resolution 55/61 of 4 December 2000, the United Nations General Assembly decided to establish an Ad Hoc Committee open to all States with the task of drawing up an effective international legal instrument against corruption and requested the Secretary-General to convene an intergovernmental open-ended expert group to examine and prepare draft terms of reference for the negotiation of such an instrument.

In its resolution 55/188 of 20 December 2000, the General Assembly reiterated its request to the Secretary-General, as contained in resolution 55/61, and invited the expert group to examine the question of illegally transferred funds and the return of such funds to the countries of origin.

Between January 2002 and October 2003, the Ad Hoc Committee for the negotiation of a Convention against Corruption held seven sessions and thus fulfilled the mandate given by the General Assembly to prepare a draft Convention by the end of 2003.

2. outcome of negotiations on the un convention against corruption

On 31 October 2003, the 58th General Assembly of the United Nations adopted a resolution including the adoption of the United Nations Convention against Corruption. The Convention will be open for signature at the High-Level Political Signing Conference to be held in Merida, Mexico, from 9 to 11 December 2003.

Prior to the third session of the Ad Hoc Committee for the negotiation of a Convention against Corruption, the Council authorised the Commission to negotiate those provisions of the Convention draft falling within Community competence and issued negotiating directives.

The Commission actively participated in the negotiations of the Ad Hoc Committee on the basis of these negotiating directives and in close cooperation with EU Member States, acceding and candidate countries and non-EU G8 countries.

The Commission considers that the objectives set by the Council in its negotiating directives have been well attained. The Convention, notably in its chapters on preventive measures and technical assistance, provides for a high standard of measures in those areas where the Community has competence, in particular with regard to EC Treaty provisions on the internal market.

This includes measures to prevent and to combat money laundering, accounting standards in the private sector and standards on transparency and equal access of all candidates for the public contracts and services markets which contributes to preventing corruption. Community policy in the sphere of technical assistance and development co-operation supplements policies pursued by Member States and includes provisions to combat corruption.

If the Community becomes a party, it will be considered as a "State Party" within the limits of its competence. The provisions regarding matters such as the establishment of preventive anti-corruption bodies (Article 6), staff and recruitment rules (Article 7), codes of conduct for public officials (Article 8), public procurement (Article 9), or public reporting and transparency (Article 10) are susceptible of being applied to the Community. The acceptance of such commitments regarding the Community's own administration, which would affect internal acts of Community law, falls under the exclusive competence of the Community.

The Commission considers that given the short time available before the Signing Conference, the precise extent of the Community's participation need not be established at the stage of signature. However, the present proposal does not prejudge the powers of the Community on the basis of which the Convention will be concluded.

3. conclusions

Article 67 of the Convention provides that regional economic integration organisations, and hence the European Community, may become parties to the Convention if at least one of its Member States has done likewise.

In its resolution n° 58/4 of 31 October 2003, the General Assembly urged all States and competent regional economic integration organisations to sign and ratify the Convention as soon as possible in order to ensure its rapid entry into force.

As the Member States have stated that they will sign the Convention as soon as it has been opened for signing in Merida, Mexico, the European Community should also be in a position to sign. To that end, the Presidency of the Council must designate the persons empowered to sign the United Nations Convention against Corruption on behalf of the European Community.

The proposal for a Council decision presented by the Commission contains a sole Article authorising the President of the Council to designate the persons empowered to sign, on behalf of the European Community, the United Nations Convention against Corruption.

For the reasons set out above, the Commission proposes to the Council to adopt the attached decision.

Proposal for a COUNCIL DECISION on the signing, on behalf of the European Community, of the United Nations Convention against Corruption

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 47 (2), 57 (2), 95, 179 and 181 read in conjunction with the first subparagraph of Article 300 (2) thereof,

Having regard to the proposal from the Commission [1],

[1] OJ C ..., ..., p. ...

Whereas:

(1) The Council authorised the Commission to negotiate the elements of the United Nations Convention against Corruption which are covered by Community competence and which were negotiated by the Commission accordingly,

(2) Negotiations were successfully concluded and the resulting Convention will be open for signature by the States in Merida, Mexico from 9 to 11 December 2003 and thereafter at the United Nations Headquarters in New York until 9 December 2005.

(3) In accordance with its Article 67 (2), the Convention is also open for signature by regional economic integration organisations, within their areas of competence, provided that at least one of their Member States has signed it,

(4) The Member States having stated that they will sign the Convention as soon as it is open for signature in Merida, the European Community should also be able to sign,

(5) The precise extent of the Community's participation in the Convention will be established in the Council decision concerning the conclusion of the Convention.

HAS DECIDED AS FOLLOWS:

Sole Article

Subject to a possible conclusion at a later date, the President of the Council is hereby authorised to designate the persons who are empowered, on behalf of the Community, to sign the United Nations Convention against Corruption.

Done at Brussels,

For the Council

The President