WRITTEN QUESTION No. 1277/98 by Gerhard HAGER to the Commission. Convention on the protection of financial interests
Date: 1998-04-29
Institutions: European Parliament, HAGER
Subjects: EU law - national law, committee of inquiry, cooperation agreement (EU), cooperation in home affairs, financial interests of members, organised crime, ratification of an agreement

11.12.98

EN

Official Journal of the European Communities

C 386/105

The Commission shares the Honourable Member(cid:146)s interest in learning more about enforcement of anti-drug
criminal legislation in the Member States. To this end in 1995 and 1996 the Commission, in cooperation with the
Parliament and the Council Presidency, organised conferences and seminars to study the criminal legislation in
the Member States and its enforcement in practice. These studies were based notably on a Commission-funded
study on the differences in anti-drugs legislation in the Member States. The conclusions, as well as the
comparative report, were widely circulated and have been sent directly to the Honourable Member and to the
Secretariat-General of the Parliament. Besides, a study containing a comparable analysis of the legal and
institutional framework for the candidate countries is ongoing in the framework of the Phare multi-beneficiary
drugs programme.

(1) OJ L 36, 12.2.1993.
(2) OJ L 19, 22.1.1997.

(98/C 386/144)

WRITTEN QUESTION E-1277/98

by Gerhard Hager (NI) to the Commission

(29 April 1998)

Subject: Convention on the protection of financial interests

The finances of the European Community are increasingly being targeted by criminals and particularly organised
gangs. In July 1995 the Convention on the protection of the financial interests of the Community was signed in
order to improve cooperation between the Member States in investigating crimes of this nature.

1. Which Member States have so far ratified this Convention?

2. Which follow-up measures have so far been taken by the Member States?

3. When does the Commission expect this Convention to be fully ratified by all Member States?

Answer given by Mrs Gradin on behalf of the Commission

(15 June 1998)

The Commission would refer the Honourable Member to its answers to Written Questions E-3349/97 by
Mrs Torres Marques (1) and P-3615/97 by Mrs Kjer Hansen (2). The situation has not changed greatly since these
answers were made. No Member State has up to now ratified the Convention on the protection of the financial
interests of the Communities. The Member States should do so at the latest by mid 1998 (target date introduced by
the Justice and Home Affairs Council on 28 April 1997 in the action plan to combat organised crime (3)).

Some Member States have started procedures in order to adapt their national law. As far as Austria is concerned,
the Commission is aware that the ministry of Justice has prepared an initiative in order to amend the Austrian
penal Code. In Germany the legal committee of the Bundestag has recommended ratification. Some other
Member States have also kept the Commission informed of the internal procedures which have been launched to
prepare ratification.

In addition, the Commission would like to point out that so far, it has received no communication on the basis of
Article 10 of the Convention. The Commission will, once it has received these communications, evaluate the
provisions transposing into domestic law the obligations imposed on Member States under the provisions of the
Convention.

(1) OJ C 117, 16.4.1998.
(2) OJ C 134, 30.4.1998.
(3) OJ C 251, 15.8.1997.