Pre-accession Pact on organised crime between the Member States of the European Union and the applicant countries of Central and Eastern Europe and Cyprus (Text approved by the JHA Council on 28 May 1998)
Date: 1998-05-28
Institutions: Council of the European Union
Subjects: Central and Eastern Europe, Cyprus, accession to the European Union, cooperation in home affairs, international cooperation, organised crime

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(Acts  adopted  under  Title  VI  of  the  Treaty  on  European  Union)

PRE-ACCESSION PACT ON ORGANISED CRIME BETWEEN THE MEMBER STATES OF
THE  EUROPEAN  UNION  AND  THE  APPLICANT  COUNTRIES  OF  CENTRAL  AND
EASTERN  EUROPE  AND  CYPRUS

(Text  approved  by  the  JHA  Council  on  28  May  1998)

(98/C 220/01)

We, the Ministers of Justice and Home Affairs of the Member States of the European Union, acting in our
capacity  of  Members  of  the  Council  of  the  European  Union,  in  full  association  with  the  Commission,

and

We,  the  Ministers  of  Justice  and  Home  Affairs  of  the  applicant  countries  of  Central  and  Eastern  Europe,
including  the  Baltic  States,  and  of  Cyprus,

the former hereinafter referred to as the ‘EU Member States’ and the latter hereinafter referred to as ‘CCEEs
and  Cyprus’,

HAVING  MET  at  Brussels  on  28  May  1998,

HAVING CONSIDERED the European Union’s action plan on organised crime, approved by the European
Council  at  Amsterdam  in  June  1997 (1),  and  in  particular  Recommendation  No  3  thereof,

EMPHASISING our common commitment to democracy, human rights and the rule of law and aware that
organised crime constitutes a serious threat to these values because it penetrates, contaminates and corrupts
the  structure  of  governments,  legitimate  commercial  and  financial  business  and  society  at  all  levels,

ACKNOWLEDGING  that  at  least  the  following  elements  are  necessary  for  effective  law  enforcement
cooperation  and  judicial  cooperation,  both  at  national  and  international  level:

— an  efficiently  structured  police  administration,  with  the  powers  of  action,  trained  staff  and  technical

equipment  needed  for  combating  crime  effectively,

— a  suitably  empowered  justice  system  operating  on  the  basis  of  modern  substantive  and  procedural

standards,

— satisfactory  legal  bases  for  combating  corruption  and  a  consistent  application  thereof,

— practical  ability  of  the  law  enforcement  authorities  to  combat  organised  crime,  including  drugs  crime
and  international  arms  trafficking,  confiscating  the  proceeds  of  crime  and  preventing  money
laundering,

— sufficient  means  of  prevention  in  the  fight  against  drug  abuse,

— tight  controls  on  the  legal  acquisition  of  weapons,

DETERMINED  to  work  together  closely  to  combat  organised  crime  and  other  forms  of  serious  crime,
including  trafficking  in  human  beings  and  organised  illegal  immigration,

DETERMINED  also  to  improve  international  cooperation  in  order  to  tackle  the  phenomenon,

HAVING  REGARD  to  the  Berlin  Declaration  of  September  1994,  the  United  Nations  World  Ministerial
Conference on Organised Transnational Crime in November 1994, to the 40 recommendations of G7/P8 to

(1) OJ  C  251,  15.8.1997,  p.  1.

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combat  transnational  organised  crime  of  12  April  1996,  the  25  recommendations  of  the  G7/P8  of  the
Ministerial  Conference  on  terrorism  of  30  July  1996  and  the  10  principles  to  combat  high-tech  crime
endorsed  by  the  G8  on  10  December  1997,

ACKNOWLEDGING that we are already developing a common view on how to fight organised crime as all
of  us  have  joined  certain  international  instruments  relevant  to  the  fight  against  organised  crime,

HAVING  REGARD  to  discussions  on  organised  crime  taking  place  in  other  international  forums,  such  as
the  UN,  which  is  currently  examining  the  possibility  of  drafting  a  UN  Convention  on  organised  crime,
following  an  initiative  of  the  Republic  of  Poland,

ACKNOWLEDGING  cooperation  that  already  takes  place  between  our  authorities  and  wishing  to
strengthen  it,  both  immediately  and  in  a  longer  perspective,

DESIRING to this end to draw up a pact which will enable existing cooperation to be intensified during the
pre-accession  period,

TAKING  INTO  ACCOUNT  the  need  for  the  CCEEs  and  Cyprus  to  implement  the  EU  acquis  before
entering  the  European  Union,

HEREBY  DECLARE  AS  FOLLOWS:

Principle  1

We  affirm  our  determination  to  cooperate  fully  in
fighting  all  kinds  of  organised  crime  and  other  forms  of
serious  crime.

Principle  2

We  note  with  satisfaction  that  the  CCEEs  and  Cyprus
have  expressed  their  intention  to  adopt  and  implement
effectively 
the  European  Convention  on  Mutual
Assistance  in  Criminal  Matters  of  1959  as  well  as  the
international  conventions  mentioned  in  Recommendation
No 13 of the European Union’s action plan on organised
crime. This will be done as soon as possible, as set out in
Recommendation  No  13.

that  we  have  all  ratified  some  of 

Noting 
these
instruments,  the  international  conventions  specified  in
Recommendation  No  13  are  the  following:

— Convention  on  Mutual  Assistance  between  Customs
Administrations  and  the  Protocol  thereto,  Naples
1967 (1),

— Agreement  on  Illicit  Traffic  by  Sea,  implementing
Article  17  of  the  United  Nations  Convention  against
Illicit  Traffic  in  Narcotic  Drugs  and  Psychotropic
Substances,  Strasbourg  1995,

— Convention  on  the  Fight  against  Illicit  Traffic  in
Narcotic  Drugs  and  Psychotropic  Substances,  Vienna
1988,

— European  Convention  on 
Terrorism,  Strasbourg  1977.

the  Suppression  of

Moreover,  we  note  with  satisfaction  the  intention  of  the
CCEEs and Cyprus to enact and enforce legislation which
will  enable  them  to  ratify  by  their  accession  the
Conventions  mentioned  in  Recommendation  No  14  of
the  action  plan  on  organised  crime.

— European  Convention  on  Extradition,  Paris  1957,

Principle  3

— Second  Protocol  to  the  European  Convention  on

Extradition,  Strasbourg  1978,

— Protocol  to  the  European  Convention  on  Mutual
Assistance  in  Criminal  Matters,  Strasbourg  1978,

We  intend  to  cooperate  in  the  development  and  effective
operation  of  central  law  enforcement  and  judicial  bodies
responsible  for  the  fight  against  organised  crime.  These
those 
bodies  are 
in
in  particular 
(central  national  bodies
Recommendations  Nos  1 

contemplated 

— Convention  on  Laundering,  Search,  Seizure  and
Confiscation  of  the  Proceeds  from  Crime,  Strasbourg
1990,

(1) It  should  be  noted  that  this  convention  is  not  open  to

signature  by  candidate  countries.

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responsible  for  coordinating  the  fight  against  organised
crime),  19  (central  national  contact  points  for  the
exchange  of  information),  20  (national  multidisciplinary
teams) and 21 (European Judicial Network) of the action
plan  on  organised  crime.

In  accordance  with  the  relevant  national 
framework  these  bodies  will  also  facilitate:

legislative

— rapid  and  efficient  international  law  enforcement
cooperation  and  judicial  cooperation  relating  to  the
fight  against  organised  crime,  and

— national  coordination  of  the  fight  against  organised

crime.

We  will  notify  national  contact  points  established  in
accordance  with  Recommendation  No  19  of  the  action
plan  to  the  General  Secretariat  of  the  Council  of  the
European  Union,  which  will  circulate  information  about
them  to  all  concerned.

Being  aware  of  the  fact  that  coordination  of  criminal
investigations  is  essential  to  achieve  success  in  the  fight
fully
against  organised  crime  we  consider,  while 
respecting  the  constitutional  structures  of  each  of  our
States, that it is advisable to consider the establishment of
multidisciplinary integrated teams at national level, as set
out  in  Recommendation  No  20  of  the  action  plan  to
combat  organised  crime.  We  intend  to  organise  meetings
between  such  teams  from  time  to  time  to  discuss
common  strategies  and  actions,  assisted  by  Europol  as
appropriate.

We  agree  to  and  to  develop,  with  the  assistance  of
Europol,  a  common  annual  strategy  in  order  to  identify
the most significant threats in relation to organised crime,
common  to  us  all.  To  that  end,  each  Presidency  of  the
Council will organise meetings to develop and review this
annual  strategy  which  could  usefully  build  upon  the
experiences  of  the  annual  organised  crime  report  of  the
European  Union.  The  CCEEs  and  Cyprus  are  ready  to
answer  the  questionnaire  developed  to  that  end  by  the
European  Union  and  will  be  appropriately  informed
about  the  work  of  the  contact  and  support  network  of
the  Council  and  the  work  of  Europol.

contact  points 

The CCEEs and Cyprus will consider establishing judicial
cooperation 
judicial
cooperation  both  between  themselves  and  with  the
Member  States  of  the  European  Union  with  a  view  to
their  gradual  incorporation  into  the  network  of  the
European  Union.

facilitate 

to 

Principle  5

We  attach  great  importance  to  the  mutual  exchange  of
law-enforcement 
intelligence,  while  safeguarding  the
protection  of  data  relating  to  individuals.  The  exchange
of  intelligence  should  not  only  be  carried  out  as  part  of
an 
scope  of
exchange  within 
investigations  but  also  for  the  purpose  of  gathering  and
sharing  information  for  developing  long-term  strategies.

information 

the 

We are aware of the importance of gathering information
on  criminal  groups  and  their  whereabouts  in  order  to
support  effective  analysis.

We  emphasise  the  importance  of  ensuring  that  any
exchange  of  information  is  in  conformity  with  the
relevant  rules  relating  to  data  protection,  especially  with
the  Council  of  Europe  Convention  for  the  Protection  of
Individuals  with  regard  to  Automatic  Processing  of
Personal  Data  of  28  January  1981.  We  note  with
satisfaction  the  intention  of  the  CCEEs  and  Cyprus  to
ratify  that  Convention  as  soon  as  possible,  if  they  have
not  already  done  so.

We  emphasise  the  need  to  give  the  fullest  possible
protection  to  sensitive  information  received  from  other
countries. The competent authorities of each of our States
are  invited  to  advise  each  other  as  to  requirements
regarding  the  disclosure  of  information  in  the  course  of
judicial  and  administrative  proceedings  and  to  discuss  in
those
advance  potential  difficulties  arising 
requirements.  In  this  context,  we  consider  that  a
transmitting State should be able to impose conditions to
be  observed  by  the  receiving  State  for  the  protection  of
sensitive information before deciding whether to transmit
it.

from 

Principle  6

consider 

We 
investigations  and  operations  is  of  major  importance.

that  mutual  practical 

support 

for

Principle  4

We  stress  the  importance  of  cooperating  closely  in
questions  relating  to  the  rapid  and  efficient  exchange  of
information  for  purposes  of  investigations  and  mutual
legal  assistance  as  well  as  in  the  field  of  operative  and
investigative support.

This  mutual  practical  support  may  include:

— training  and  equipment  assistance,

— joint  investigative  activities  and  special  operations,

supported  by  Europol  as  appropriate,

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— facilitating 

trans-boundary 

enforcement
law 
cooperation  and 
judicial  cooperation  as  far  as
long-term  investigations  and  short-term  operations
are  concerned,  especially  by  rapid  processing  of
the  relevant  applications  and  logistical  support  in
connection  with  trans-boundary  cooperation,

— mutual  exchange  of  law  enforcement  officers  and
the
for 
to  our

traineeships  within 
relating 

investigations 

judicial  authorities 
framework  of 
countries.

We  emphasise 
the  relevance  and  effectiveness  of
techniques  such  as  electronic  surveillance,  undercover
intend  to
operations  and  controlled  deliveries.  We 
facilitate  international  cooperation  in  these  fields,  taking
full  account  of  human  rights  implications.

Principle  7

We  attach  great  importance  to  bi-  or  multilateral  joint
law  enforcement  projects.  This  form  of  cooperation
should  be  striven  for  especially 
in  those  fields  of
organised  crime  which  pose  common  trans-boundary
problems,  and  it  should  draw  upon  the  project-based
approach  endorsed  by  the  Council  of  the  European
Union  at  its  meeting  on  4  December  1997.

We  are  aware  of  the  need,  in  so  far  as  necessary  and  in
accordance  with  the  relevant  resolutions  of  the  Council
of  the  European  Union,  to  establish  and  implement
protection  programmes  for  witnesses  and  for  those
individuals  who  cooperate  with  the  judicial  process,  and
to assist each other to this end, in particular by allowing
for  the  possibility  of  accepting,  by  common  agreement,
the  abovementioned  persons  in  our  countries.

Principle  8

We  stress  the  importance  of  Europol  as  a  channel  for
information and in terms of supplying analytical expertise
and  giving  operative  support  also,  over  time,  to  the
CCEEs  and  Cyprus.

Hence,  the  CCEEs  and  Cyprus  intend  to  make  the
necessary  preparations  as  soon  as  possible  that  would
enable  them  to  accede  to  the  Europol  Convention  at  the
time  of  accession  and  to  set  up  the  necessary  national
units.

We note with satisfaction that the CCEEs and Cyprus are
already  making  preliminary  contacts  with  the  Europol
Drugs  Unit  and  we  encourage  such  contacts;  and,  once
the  Europol  Convention  has  come  into  force,  that  they
intend  to  start  the  preparations  for  formal  agreements
after  the  adoption  of  this  pact,  especially  with  regard  to
posting  Liaison  Officers  in  The  Hague.  The  Council  of
the European Union and the Commission intend to assist
the  CCEEs  and  Cyprus  to  start  setting  up  the  necessary

national  units  and  to  promote  funding  via  appropriate
Community  programmes  in  accordance  with  the  rules
applicable  to  them.

Principle  9

In  order  to  provide  speed  and  effectiveness  in  the
execution  of  rogatory  letters  and  other  judicial  requests,
we  have  noted  with  satisfaction  the  willingness  of  the
CCEEs  and  Cyprus  to  make  a  statement  of  good
practices  in  accordance  with  the  Joint  Action  on  good
practices in mutual legal assistance in criminal matters (1)
adopted  by  the  Council  on  29  June  1998.

Principle  10

In  order  to  prevent  offenders  from  benefiting  from
differences in our various legal systems which may create
safe havens, we stress the importance of early ratification
of the Extradition Conventions of the European Union of
1995  and  1996,  drawn  up  within  the  framework  of  the
European Union, and, of the CCEEs and Cyprus enacting
legislation  which  will  enable  them  to  accede  to  these
conventions  by  the  time  of  their  accession  to  the
European Union. In doing so, we express our intention to
make  use  as  little  as  possible  of  the  opportunities  for
reservations offered by those conventions. We will ensure
efficient  application  of  the  principle  of  ‘aut  dedere,  aut
iudicare’.

Principle  11

Opportunities  offered  by  the  different  programmes  such
as  the  PHARE  and  MEDA  programmes  and  the  relevant
specific  programmes  in  the  field  of  justice  and  home
affairs  such  as  OISIN,  Grotius,  STOP,  Odysseus  and
Falcone,  should  be  further  explored  for  officials  of  law
enforcement agencies or judicial authorities. In particular,
training should be stimulated, with a view to obtaining a
full  understanding  of  organised  crime  as  well  as  an
assessment  and  improvement  of  the  ways  used  to  tackle
them. For training, use could be made of relevant training
modules  such  as  those  developed  by  the  Association  of
Police  Colleges  (AEPC).

Principle  12

We  consider  that  corruption  is  one  of  the  major  threats
to  our  societies,  defrauding  citizens  and  private  and
public  institutions  alike.  We  therefore  underline  the  need
to  develop  in  common  a  comprehensive  policy  against
corruption in all its forms. To that end, we will organise
regular consultations in common with the relevant bodies
of  the  Council  and  the  Commission  when  such  policies

(1) OJ  L  191,  7.7.1998,  p.  1.

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are  developed,  and  the  European  Union  Member  States
will  strive  to  associate  the  CCEEs  and  Cyprus  with  this
endeavour.

in  this  pact.  Implementation  will  be  based  on  the
following  main  elements:

— taking as its starting point the European Union action
plan  on  organised  crime,  working  to  identify  and
counter  the  threat  posed  by  international  organised
crime,

— regular monitoring and evaluation of developments in
the field of combating organised crime in each of our
countries  and  the  definition,  as  appropriate,  of
priorities  applicable  to  each  country.  This  monitoring
and  evaluation  will  draw  on  collective  evaluations
undertaken  by  the  experts  from  Member  States  and
the Commission in the wider framework of the justice
and  home  affairs  aspects  of  the  enlargement  process,

the 

— the  planning,  execution  and 

joint  evaluation  of
projects,  with 
involvement  of  Europol  as
appropriate,  against  organised  crime  with  a  view,
inter  alia,  to  identifying  areas  where  technical  and
financial  assistance  would  help  prepare  the  CCEEs
and  Cyprus  for  membership  of  the  European  Union.

Done  at  Brussels,  28  May  1998.

For  the  Council

The  President

J.  STRAW

Principle  13

We  agree  that  for  the  purposes  of  combating  money
laundering  there  should  be  full  implementation  of  the  40
FATF  recommendations,  Council  Directive  91/308/EEC
of 10 June 1991 on prevention of the use of the financial
system  for  the  purpose  of  money  laundering (1)  and  the
1990  Convention  on  Laundering,  Search,  Seizure  and
Confiscation  of  the  Proceeds  from  Crime.

We  express  our  intention  to  set  up,  if  we  have  not
already  done  so,  at  national  level,  financial  intelligence
units according to the definition of the Egmont Group, as
being ‘A central, national agency responsible for receiving
and
(and, 
disseminating to the competent authorities, disclosures of
financial information:

requesting), 

permitted, 

analysing 

as 

(i) concerning  suspected  proceeds  of  crime;

(ii)

required  by  national  legislation  or  regulation,  in
order  to  combat  money  laundering.’

Principle  14

In  order  to  improve  the  existing  cooperation  between
European  Union  Member  States  and  the  CCEEs  and
Cyprus,  we  should  make  the  best  use  of  our  liaison
officers  and  liaison  magistrates  and  we  emphasise  the
desirability  of  extending  those  arrangements.

Principle  15

We  will  entrust  the  implementation  of  this  pact,  as  set
out  in  the  principles  established  above,  to  a  group
comprising  experts  from  all  the  States  participating

(1) OJ  L  166,  28.6.1991,  p.  77.