WRITTEN QUESTION E-2493/01

by Glenys Kinnock (PSE) to the Commission

(13 September 2001)

Subject: Corruption

Would the Commission outline what steps it has taken to implement the commitment made at the Africa-Europe Cairo Summit, in April 2000, to take necessary measures to combat corruption and to ensure that illegally acquired public moneys lodged in foreign bank accounts are investigated and returned to the countries of origin?

Answer given by Mr Vitorino on behalf of the Commission

(15 November 2001)

In accordance with Article 29 of the Treaty on the European Union and Recommendation No 7 of the Millennium Strategy on the prevention and control of organised crime of 27 March 2000(1), the Commission contributes to the Union's objective to prevent and to combat corruption through closer police, customs and judicial cooperation and the approximation of criminal law provisions of national legislation and through the development of a comprehensive, multi-disciplinary and crosspillar Union policy towards corruption taking into account work being carried out in other international governmental and non-governmental organisations.

The Commission wishes to assure the Honourable Member of its commitment to use its influence at all international fora where the Commission is represented to condemn, to combat and to prevent all forms of corruption.

The promotion of good governance including the fight against corruption are explicitly mentioned as decisive elements in strategies to reduce poverty in the framework of Community development activities as commonly defined by the Council and the Commission.

The Cotonou Agreement signed with the African, Caribbean and Pacific (ACP) countries contains a specific procedure to deal with serious corruption cases. Good governance is a fundamental element of the Agreement and serious cases of corruption as defined in article 97 constitute a violation of that element. Such cases should give rise to consultations between the parties and may lead to the taking of appropriate measures. The procedure described in Article 97 has been for the first time launched with Liberia in September 2001 for alleged corruption, through notably import monopolies and licenses granted in the forestry sector. The Liberian government has been invited for consultations.

As regards the question of illegally acquired public assets transferred abroad and the return to their countries of origin, the Commission wishes to draw the Honourable Member's attention to the fact that the investigation of these cases is often subject of bilateral agreements between countries and that some Member States might be reluctant to agree on union-wide harmonised procedures. Nevertheless, all Member States are of course bound by the provisions of the money laundering Directive, Council Directive 91/308/EEC of 10 June 1991 on prevention of the use of the financial system for the purpose of money laundering(2) and other standards set up by the Council of Europe and the Financial Action Task Force. Furthermore, the extension of the money-laundering Directive as suggested in the Common Position (EC) No 5/2001(3) of the Council would cover a much broader range of predicate offences including corruption.

Finally, the Commission contributes to an Union common position and considers asking the Council's authorisation to negotiate on behalf of the Community a future United Nations (UN) Convention against corruption. The ad hoc committee mandated by the General Assembly to negotiate this convention will consider the issue of transfer of funds of illicit origin derived from acts of corruption, including the laundering of funds, and returning such funds.

(1) OJ C 124, 3.5.2000.

(2) OJ L 166, 28.6.1991.

(3) OJ C 36, 2.2.2001.