Council Resolution of 21 December 1998 on the prevention of organised crime with reference to the establishment of a comprehensive strategy for combating it
Date: 1998-12-21
Institutions: Council of the European Union
Subjects: EU police cooperation, Europol, corruption, fight against crime, judicial cooperation in criminal matters in the EU, organised crime

29.12.98

EN

Official  Journal  of  the  European  Communities

C  408/1

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

COUNCIL  RESOLUTION

of  21  December  1998

on  the  prevention  of  organised  crime  with  reference  to  the  establishment  of  a  comprehensive
strategy  for  combating  it

(98/C  408/01)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  action  plan  to  combat  organised
crime  of  28  April  1997  (the  action  plan)(cid:216)(˛),

Conscious  of  the  advances  made  in  implementing  the
action  plan, 
in  particular  recommendations  6  to  12
thereof,

Having  regard  to  the  European  Parliament’s  resolution
of  20  November  1997  on  the  action  plan(cid:216)(ˇ),  which  calls
for  closer  consideration  of  the  prevention  aspect,

Considering  the  importance  of  a  greater  awareness  of
the  dangers  of  organised  crime  to  democracy  and  the
rule  of  law,  for  freedom,  human  rights  and  self(cid:220)determi(cid:220)
nation,  values  which  are  the  raison  d’(cid:240)tre  of  any  fight
against  organised  crime,

Conscious  of  the  fact  that  this  resolution  is  not  intended
to  replace  the  specific  prevention  measures  provided  for
in  the  action  plan  but  to  supplement  and  back  up  those
efforts,

Having  regard  to  the  results  of  the  seminar  on  police
and  urban  criminality  (Zaragoza,  February  1996),  the
European  Union  Conference  on  Crime  Prevention
(Stockholm,  May  1996),  the  seminar  on  European  Union
(Dublin,
measures 
November  1996), 
the  European
Union  Conference  on  Crime  Prevention  (Noordwijk,
May  1997)  and  the  seminar  "Partnerships  in  reducing
crime’  (London,  June  1998),

the  drug  problem 

the  conclusions  of 

combat 

to 

Having  regard  to  the  conclusions  of  the  Conference  on
achieving  a  corruption  free  commercial  environment,  the
EU’s  contribution  (Brussels,  April  1998),

Having  regard  to  the  work  of  other  international  organi(cid:220)
sations  and  forums,  in  particular  the  Council  of  Europe
recommendations  R(81)12  on  economic  crime  and
R(87)19  on 
the  organisation  of  crime  prevention,
resolution  R(97)24  on  20  guiding  principles  for  the  fight
against  corruption,  the  work  under  the  United  Nations
programme  on  crime  prevention  and  criminal  justice,  as
well  as  the  results  of  the  United  Nations  General
Assembly  on  Drugs  (New  York,  June  1998),  and  in
particular 
reduction
the  declaration  on  demand 
guidelines,

Having  due 
the
for, 
Commission’s  responsibilities  for  enabling  the  promotion
of  important  aspects  of  prevention,

emphasising, 

regard 

and 

(1) CONSIDERS  that  the  combating  of  international
organised  crime  backed  up  by  effective,  sustainable
law  enforcement  also  requires  a  wide  range  of
preventive  measures,  developed  with  due  regard  to
fundamental  human  rights;

(2) EMPHASISES  the  important  role  that  effective  and
coordinated  national  criminal  intelligence  units,  and
Europol,  as  laid  down  especially  in  Articles  2  and  3
of 
the  establishment  of  a
European  Police  Office  (Europol  Convention)(cid:216)(—)
also  play  in  preventing  organised  crime;

the  Convention  on 

(3) CONFIRMS 

individual  States  and  the 

in  preventing  and  combating
that 
organised  crime 
inter(cid:220)
national  community  play  a  key  role;  none  the  less,
the  prevention  of  organised  crime  is  not  the  task  of
law  enforcement  agencies  and  judicial  authorities
alone  but  requires  an  effort  on  the  part  of  civil
society  as  a  whole,  taking  joint  responsibility  for
community  life;

(˛)(cid:217)OJ  C  251,  15.8.1997,  p.  1.
(ˇ)(cid:217)OJ  C  371,  8.12.1997,  p.  183.

(—)(cid:217)OJ  C  316,  27.11.1995,  p.  2.

(4) UNDERLINES 

in  this  context  the  important  role
played  by  institutions  and  groups  of  persons  that
contribute  to  shaping  the  cultural  environment  and

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29.12.98

individual  responsibility  in  a  community  at  national,
regional  and  local  level  (e.g.  schools  and  NGOs),
by  carrying  out  substantial  preventive  work,  both  in
devising 
concrete
measures;

implementing 

policy 

and 

such  as  special  safety  devices,  to  prevent  crimes
which  tend  to  be  committed  by  criminal  organi(cid:220)
sations,  and  also  to  consider  the  possible  impli(cid:220)
cations,  as  for  instance  a  switch  to  other  forms  of
crime;

(5) RECOGNISES  that  an  effective  policy  in  the  field  of
prevention  of  organised  crime  will  also  benefit  from
efficient  social  security,  education  and 
training
systems  which  are  as  comprehensive  as  possible,
coupled  with  measures  to  combat  unemployment
and  poverty  as  well  as  creative  and  humane  urban
planning  and  urban  design  geared  to  prevention;

(12) EMPHASISES  also  that  professions  which  might  be
confronted  with  organised  crime  (especially  those
mentioned 
in  recommendation  12  of  the  action
plan),  and  their  interest  groupings,  have  responsi(cid:220)
bilities  in  the  area  of  prevention  of  organised  crime,
with  particular  reference  to  the  drafting  of  codes  of
conduct 
counteract
and  other  measures 
corruption  and  infiltration  by  organised  crime;

to 

(6) ENDORSES  efforts  to  assist  the  social  integration  of
marginalised  groups  in  order  to  reduce  possible
dangers  that  vulnerable  members  of  those  groups
may  devote  themselves  to  crime;

(7) STRESSES  the  particular  importance  of  measures  to
assist  the  social  reintegration  of  offenders,  diversion
measures 
for
enforcement  of 
purposes  of  preventing  repetition  of  offences;

sentences 

and 

tasks 

relating 

(8) ENCOURAGES  Member  States,  while  stressing  the
to
importance  of  action  by  public  authorities, 
the
examine  whether  any 
prevention  of  organised  crime  could  not, 
in
conformity  with  the  basic  principles  of  their  legal
internal  policies,  be  carried  out  by
system  and 
non(cid:220)public  bodies  at  national,  regional  and  local
level  which  could  assist  in  compiling  information,
defining  programmes,  implementing  measures  and
in  educational  work  in  the  field  of  prevention;

to 

(9) CONSIDERS  that  every  possibility  must  be  inves(cid:220)
tigated,  and  all 
to
counteract  the  development  and  spread  of  illegal
markets  which  provide  room  for  manoeuvre  and
operational  scope  for  organised  crime;

the  necessary  steps 

taken, 

(10) ENCOURAGES  Member  States  to  continue  and  step
up 
their  endeavours  and  coordination  efforts
regarding  all  aspects  of  drug  prevention  in  line  with
international  drug  control  instruments,  in  order  to
reduce  demand  for  illegal  drugs,  which  account  for
a  significant  part  of  the  operations  of  organised
crime;

(13) EMPHASISES 

that  transparency  and  controls 

in
connection  with  the  award  of  public  contracts  make
a  significant  contribution 
the  prevention  of
corruption  and  organised  crime  and,  therefore,  calls
on  Member  States  to  implement  the  relevant  direc(cid:220)
trives  and  support  their  objectives  with  appropriate
and  concrete  measures  relating  to  law  enforcement
and  judicial  aspects;

to 

(14) EMPHASISES  that,  in  particular  in  the  context  of
links  with  organised
fighting  corruption  and 
crime,  openness  and  transparency  in  public  affairs,
funding  of
including 
political  parties 
an
important  preventive  role;

and  organisations,  play 

lawful  and 

transparent 

its 

(15) RECALLS  the  importance  in  the  drafting  of  legal
instruments,  and  in  reviewing  existing  laws,  to  take
into  account  crime  prevention  aspects,  in  order  to
ensure  that  the  rules  do  not  invite  or  facilitate  fraud
or  other  abuse,  and  to  consult  in  the  legislative
process,  where  appropriate,  with  authorities  having
experience  in  the  field  of  prevention  of  organised
crime;

(16) IS  CONVINCED  that  adequate 

information  and
education  about  the  causes,  nature,  dangers  and
consequences  of  the  advance  of  organised  crime  is
particularly  relevant  to  prevention  and  that  the  mass
media  play  an  important  role  in  the  process  of
information;

(11) ENCOURAGES  Member  States  to  look  into  the
development  and  spreading  of  technical  equipment,

(17) RECOGNISES  that  several  Member  States,  basing
themselves 
comprehensive  multidisciplinary
analyses  of  a  specific  situation,  have  developed
national  programmes  to  combat  organised  crime  as

on 

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it  has  manifested  itself  in  their  territory  and  have
to  changing
those  programmes 
also  adapted 
circumstances; 
are
therefore,  Member  States 
encouraged  to  keep  each  other  fully  informed  of
those  programmes,  to  draw  on  these  examples  and
experiences,  and  to  develop,  where  appropriate  and
in  accordance  with 
systems  and
their 
traditions,  such  national  programmes  to  combat
organised  crime;

legal 

that 

(18) RECOGNISES  that,  when  analysing  problems  and
implementing
defining  programmes  as  well  as 
prevention  measures,  several  Member  States, 
in
accordance  with  their  national  law,  provide  for  the
possibility 
law  enforcement  agencies  and
judicial  authorities,  the  social  groups  concerned,
tradesmen  and  civil  administration  bodies  (at  both
local  and  regional  level)  confer  on  a  regular  basis
(examples  of  this  are  the  "crime  prevention  boards’
which  exist  in  a  number  of  Member  States,  and  the
therefore,
Netherlands 
Member  States  are  encouraged  to  set  up  com(cid:220)
parable  structures  at  national,  regional  and  local
level,  where  appropriate  and  in  accordance  with
their  legal  systems  and  traditions,  to  discuss  and
in  particular  the
study  questions  of  prevention, 
prevention  of  organised  crime,  and  to  draw  up
proposals  to  promote  prevention;

"trilateral  commissions’); 

(19) ENCOURAGES  Member  States 

to
coordinate  prevention  between  local,  regional  and
national  levels  as  well  as  between  various  auth(cid:220)
orities  and  departments  having  a  specific  role  in
preventing  organised  crime;

furthermore 

(20) NOTES 

in 

an 

the 

intention  of 

this  context, 

the
Commission  to  build  on  work  already  undertaken
on 
of  Community
instruments  which  contribute  to  the  prevention  of
crime  and  to  enhance  internal  coordination  and
exchange  of  information  in  this  respect;

inventory 

interface 

(21) CALLS  ON  Member  States 

to 

increase 

through  adequately 

their
knowledge  of  how  to  prevent  organised  crime,  for
example 
funded  multidisci(cid:220)
plinary  research  programmes  which  are  as  compre(cid:220)
include
hensive  as  possible  and  which  should 
research  on  the  evaluation  of  specific  preventive
measures;

particularly  the  Joint  Action  of  19  March  1998
establishing  a  programme  of  exchanges,  training
and  cooperation  for  persons  responsible  for  action
to 
pro(cid:220)
crime 
(cid:216)(˛),  also  for  activities  relating  to  the
gramme) 
prevention  of  organised  crime;

organised 

(Falcone 

combat 

(23) CONSIDERS 

it  necessary 

to  evaluate  ongoing
prevention  activities,  examining 
in  particular  to
what  extent  the  experience  gained  can  be  applied
generally;

(24) INVITES  Member  States  to  draw  up,  at  the  request
of  the  Presidency  of  the  Council,  a  summary  of
their  experiences,  at  local,  regional  and  national
level,  with  measures  which  have  helped  to  prevent
organised  crime,  and  to  make  it  available  to  the
other  Member  States;

(25) INVITES  Member  States  therefore  to  inform  one
another  about  any  findings  on  the  prevention  of
organised  crime,  whether  obtained  through  new
scientific  work  or  practical 
and
evaluation,  and  to  consider  ways  of  facilitating,
and, 
such  an
exchange  of  information,  possibly  also  bilaterally  or
between  regions  and  municipalities;

institutionalising 

if  appropriate, 

experience 

for 

the  exchange  of 

(26) CALLS  ON  Member  States  to  designate,  where  they
have  not  already  done  so,  national  contact  and
focal  points 
information,
relating  to  all  aspects  of  prevention  of  organised
crime,  between  States  and  to  notify  those  points  to
the  General  Secretariat  of  the  Council  taking  into
account  the  agreement  of  the  Council  on  28  May
1998  relating  to  arrangements  providing  for  an
improved  exchange  of  information  and  best  practice
in  the  field  of  crime  prevention;

(27) CONSIDERS 

to 

it  desirable 

include  also  non(cid:220)
member  countries,  particularly  applicant  countries
and  neighbouring  countries,  in  such  an  exchange  of
information  and  that  a  strategy  for  the  prevention
of  organised  crime  could  also  be  envisaged  in  the
cooperation  with,
for,  and 
context  of  aid 
non(cid:220)member  countries;

(28) CONSIDERS  it  desirable  that  the  Member  States
and  the  Community  exchange  information  on  issues
related  to  the  prevention  of  organised  crime  with
other  itnernational  organisations;

(22) ENCOURAGES  Member  States  and  relevant  insti(cid:220)
tutions  to  use  appropriate  Community  programmes,

(˛)(cid:217)OJ  L  99,  31.3.1998,  p.  8.

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29.12.98

(29) CONSIDERS 

practical  know(cid:220)how 

it  necessary  that  future  prevention
include  concrete  projects  which
activities  should 
provide 
bodies
to 
concerned  in  each  case  (local  authorities,  regions,
Member  States,  Council,  Commission)  in  order  to
create  a  basis  for  drawing  up  codes  of  good
practice  for  preventing  organised  crime  in  specific
areas, 
that  should  be  constantly  updated  and
submitted  to  the  other  Member  States  for  checking
against  their  own  initiatives;

the 

(30) CONSIDERS  it  desirable  that  Member  States  and
far  as  possible  on
the  Commission  agree  as 
common  definitions,  standards  and  methods  of
prevention  in  order  to  enable  any  findings  to  be
exchanged  and  used;

(31) INVITES  the  Commission  to  examine  how  it  can
help,  in  the  context  of  and  within  the  scope  of  its
responsibilities,  to  increase  knowledge  on  how  to
prevent  organised  crime;

its 

interface 

the  Commission 

fully
to  keep 
(32) REQUESTS 
up(cid:220)to(cid:220)date 
inventory  of  Community
instruments  which  contribute  to  the  prevention  of
organised  crime  and  to  continue  analysing  and
evaluating  other  existing  Community  instruments  to
consider 
to  prevent
organised  crime;

to  what  extent 

they  help 

(33) INVITES 

the  Member  States,  Europol  and  the
Commission,  each  within  their  respective  compe(cid:220)
tencies,  to  study  the  matter  and  related  questions.
the  Commission  and  Europol  are
Thereafter, 

to  cooperate 

invited 
the  preparation  of  a
in 
comprehensive  report  by  the  end  of  2000,  which  in
particular:

-(cid:217)makes  proposals  on  how  prevention  measures
could  be  promoted  in  future  work  at  European
level,  and  in  particular  on  how  they  could  be
reflected  in  the  legislative  process,

-(cid:217)analyses  what  measures  for  the  prevention  of
organised  crime,  by  which  bodies  and  at  what
level,  seem  appropriate  with  a  view  to  optimum
effectiveness,

-(cid:217)analyses  proposals  for  the  encouragement  of  the
evaluation  of  measures  for  the  prevention  of
organised  crime,

-(cid:217)analyses  to  what  extent  prevention  measures  can
be  taken  at  European  level  (particularly  in  the
light  of  the  Treaty  of  Amsterdam),

-(cid:217)makes  proposals  for  drawing  up  and  keeping  up
to  date  a  repertory  of  good  practice  in  the  area
of  organised  crime  prevention,

-(cid:217)analyses  to  what  extent  ideas  and  measures  for
the  prevention  of  organised  crime  could  be
taken 
process  of
enlargement  and  relations  with  third  States;

account 

into 

the 

in 

(34) CALLS  ON  both 

the  Member  States  and 

the
Commission  to  report  to  the  Council  before  the  end
of  2000  also  on  other  measures  taken  to  prevent
organised  crime;

(35) RESOLVES 

to 

then 

the
implementation  of  this  resolution  in  the  light  of
these  reports  and  to  decide  on  further  measures  on
the  prevention  of  organised  crime.

review  and  evaluate