Initiative of the French Republic with a view to adopting a Convention on improving mutual assistance in criminal matters, in particular in the area of combating organised crime, laundering of the proceeds from crime and financial crime
Date: 2000-08-24
Institutions: France
Subjects: banking secrecy, exchange of information, fight against crime, judicial cooperation in criminal matters in the EU, money laundering, organised crime

24.8.2000

EN

Official Journal of the European Communities

C 243/11

Initiative of the French Republic with a view to adopting a Convention on improving mutual
assistance in criminal matters, in particular in the area of combating organised crime, laundering
of the proceeds from crime and financial crime

(2000/C 243/04)

THE HIGH CONTRACTING PARTIES to this Convention, Member
States of the European Union,

(c)

the Convention on Mutual Assistance in Criminal Matters,
established on the basis of Articles 31 and 34 of the Treaty
on European Union by the Council Act of 29 May 2000 (2)
hereinafter referred to as the (cid:145)2000 Convention(cid:146);

REFERRING to the Council Act of (cid:133),

TAKING ACCOUNT of the conclusions adopted at the European
Council held at Tampere on 15 and 16 October 1999, and of
the need to implement them immediately in order to achieve
an area of freedom, security and justice,

(d) the provisions in force on mutual assistance in criminal
matters of
the Convention implementing the Schengen
Agreement of 14 June 1985 on the gradual abolition of
checks at common borders signed at Schengen on 19 June
1990;

BEARING IN MIND the recommendations made by the experts
when presenting the mutual evaluation reports based on Joint
Action 97/827/JHA of 5 December 1997 adopted by the
Council on the basis of Article K(3) of the Treaty of Union
establishing a mechanism for evaluating the application and
implementation at national level of international undertakings
in the fight against organised crime (1),

(e) Chapter 2 of

the Treaty on Extradition and Mutual
Assistance in Criminal Matters between the Kingdom of
the Grand Duchy of Luxembourg and the
Belgium,
Kingdom of the Netherlands, of 27 June 1962, as amended
in the context of
by the Protocol of 11 May 1974,
relations between the Member States of
the Benelux
Economic Union;

CONVINCED that the European Union must be in the vanguard
of the fight against organised crime and money laundering,

HAVE AGREED ON THE FOLLOWING PROVISIONS:

Article 1

Relationship with other conventions

1.
The purpose of this Convention is to supplement the
provisions and facilitate the application between the Member
States of the European Union of the following instruments for
cooperation governing mutual
between their
competent authorities (hereinafter called (cid:145)mutual assistance(cid:146)):

assistance

(a)

the European Convention on Mutual Assistance
in
Criminal Matters signed at Strasbourg on 20 April 1959
(Council of Europe ETS No 30), hereinafter called (cid:145)the
1959 Convention(cid:146);

(f)

the European Convention on Laundering, Search, Seizure
and Confiscation of the Proceeds from Crime, signed at
Strasbourg on 8 November 1990 (Council of Europe ETS
No 141).

This Convention shall not affect the application of more
2.
favourable provisions in bilateral or multilateral agreements
between Member States or, as provided for in Article 26(4) of
the 1959 Convention, arrangements in the field of mutual
assistance in criminal matters agreed on the basis of uniform
legislation or of a special system providing for the reciprocal
application of measures of mutual assistance in their respective
territories.

Article 2

Reservations and declarations in Article 5 of the 1959
Convention

1.
The reservations and declarations made by the Member
States relating to Article 5 of the 1959 Convention shall not
be invoked between them.

(b) the Additional Protocol to the European Convention on
Mutual Assistance, signed at Strasbourg on 17 March 1978
(Council of Europe ETS No 99);

The relevant provision of Article 51 of the Convention

2.
implementing the Schengen Agreement is hereby repealed.

(1) OJ L 344, 15.12.1997, p. 7.

(2) OJ C 197, 12.7.2000. p. 1.

C 243/12

EN

Official Journal of the European Communities

24.8.2000

Article 3

Banking and commercial secrecy

State may not

A Member
the provisions on
confidentiality applicable to banking activities and other
commercial activities in order to refuse to implement a request
for mutual assistance from another Member State.

invoke

of,

on behalf
for
administering special purpose funds, of which the identity of
the settlors or beneficiaries is unknown.

instruments

funds

other

trust

or

The information referred to in paragraphs 1 and 2 shall
4.
legal persons which are the
also be supplied regarding all
subject of prosecution or
investigations in the requesting
Member State, or in respect of which the natural person
referred to in paragraph 1 has managerial power within it,
based on the following:

(cid:151) a power of representation of the legal person, or

Article 4

Traceability of the proceeds of crime

person.

(cid:151) an authority to take decisions on behalf of

the legal

to encourage

1.
In order to facilitate the investigations conducted by the
requesting Member State, Member States shall take appropriate
measures
the provision and securing of
documents,
information and other data likely to constitute
their
evidence as to the existence of proceeds of crime,
location or movement, their nature, legal status or value, and
the final beneficiary.

2.
The Council, acting by a qualified majority, may, acting
on a proposal from the Commission or on the initiative of a
Member State, adopt measures to implement paragraph 1.

Article 5

Request for banking information

The Member State which receives a request for mutual
1.
assistance shall provide, as quickly as possible, the list of all
types of bank accounts of which a natural person being
prosecuted or under suspicion in the requesting Member State
is or was the holder or financial beneficiary.

2.
The Member State which receives a request for mutual
assistance in investigations into serious organised crime or
laundering of the proceeds of crime shall provide as quickly as
possible details of banking operations carried out during a
period specified by the requesting Member State through each
of the accounts identified in accordance with paragraph 1, so
as to enable capital movements to be traced, particularly
between its territory and that of States or territories whose
legislation or rules are recognised as being inadequate, or
whose practices are considered a hindrance to combating the
laundering of capital by the international body for concertation
and coordination of the fight against money laundering.

3.
The information referred to in paragraphs 1 and 2 shall
be provided by the requesting Member State, even if it proves
to concern accounts held by bodies acting in the form of, or

Article 6

Additional requests for mutual assistance

to undertake

If, in implementing a request for mutual assistance, it appears
necessary
investigations which, while not
explicitly provided for in the request, in particular because the
need for such investigations was unknown at the time the
request was made, might be useful to establish the facts, the
requested Member
inform the
shall
authorities of the requesting Member State thereof. The latter
may forward an additional request under the conditions set out
the applicable cooperation
in the relevant provisions of
agreement without
the need to forward again other items
already in the possession of the requested Member State except
for those which are necessary for identifying the initial request.

immediately

State

Article 7

Fiscal offences

1. Mutual assistance may not be refused solely on the
grounds that the request concerns offences relating to taxes
and excise duties, customs or foreign exchange.

The relevant provisions of Article 50 of the Convention

2.
implementing the Schengen Agreement are hereby repealed.

Article 8

Fundamental interests

1. With regard to prosecutions of or investigations into
the proceeds of
serious organised crime or laundering of
crime, mutual assistance requested pursuant to the provisions
of the applicable cooperation instrument may be refused only
State
where
that
the
considers
implementation of
likely to jeopardise its
essential interests.

requested Member
is

the request

24.8.2000

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Official Journal of the European Communities

C 243/13

these grounds

A Member State which invokes

2.
for
refusing mutual assistance shall give written reasons for its
decision and inform the requesting Member State of
those
reasons. If, however, the requesting Member State maintains its
request and no solution can be found, the reasoned decision to
for
refuse the request shall be forwarded to the Council
information by the requested Member State,
for possible
consideration in the context of a subsequent evaluation at the
level of
this
Convention.

the European Union of

the operation of

3. Where mutual assistance is refused on those grounds, the
Council, at the request of the Member States concerned, shall,
within two months of being thus informed and without
prejudice to Article 35(7) of the Treaty on European Union,
appoint an ad hoc committee to help in finding an amicable
settlement of the difficulty.

4.
The procedure referred to in paragraph 3 shall be
determined by a Council decision pursuant to Article 34(2)(c)
of the Treaty on European Union.

Article 9

Multidisciplinary structures

While taking account of its own constitutional structures and
national traditions, each Member State shall set up integrated
level, where they do not
multidisciplinary teams at national
already exist, specifically in the area of organised crime,
in
particular with regard to laundering of the proceeds of crime.
should be familiar with national
The coordinating teams
criminal
to enable them to contribute to
developing national policies in their field of competence and
to exchange information amongst
in particular
pursuant to Article 7 of the 2000 Convention.

investigations

themselves,

Article 10

Reservations

2. Member States shall notify the Secretary-General of the
the
Council of
constitutional procedures for the adoption of this Convention.

the European Union of

the completion of

This Convention shall enter

into force in the eight
3.
the notification
Member States concerned 90 days after
referred to in paragraph 2 by that Member State of
the
European Union at the time of adoption by the Council of the
Act establishing this Convention which is
the eighth to
complete that formality.

4.
Any notification by a Member State subsequent to the
entry into force of this Convention under paragraph 3 shall
have the effect
this
Convention shall enter into force as between that Member
State and those Member States for which this Convention has
already entered into force.

that, 90 days after such notification,

5.
Before the entry into force of this Convention pursuant
to paragraph 3, any Member State may, when giving the
notification referred to in paragraph 2 or at any time
thereafter, declare that
it will apply this Convention in its
relations with Member States which have made the same
declaration. Such declarations shall take effect 90 days after the
date of deposit thereof.

6.
This Convention shall apply to mutual assistance initiated
after the date on which it has entered into force, or is applied
pursuant
to paragraph 5, between the Member States
concerned.

Article 12

Accession of new Member States

This Convention shall be open to accession by any State

1.
which becomes a member of the European Union.

The text of

2.
acceding State, drawn up by the Council of
Union, shall be authentic.

this Convention in the language of

the
the European

No reservations may be entered in respect of this Convention.

The instruments of accession shall be deposited with the

3.
depositary.

Article 11

Entry into force

This Convention shall be subject

1.
Member
States
constitutional requirements.

in

accordance with

to adoption by the
respective

their

4.
This Convention shall enter into force with respect to
any State which accedes to it 90 days after the deposit of its
instrument of accession or on the date of entry into force of
this Convention if it has not already entered into force at the
time of expiry of the said period of 90 days.

5. Where this Convention is not yet in force at the time of
the deposit of their instrument of accession, Article 11(5) shall
apply to acceding Member States.

C 243/14

EN

Official Journal of the European Communities

24.8.2000

Article 13

Position of Iceland and Norway

Articles 2 and 7 constitute measures amending or building
upon the provisions referred to in Annex 1 to the Agreement
concluded by the Council of the European Union and the
Republic of Iceland and the Kingdom of Norway concerning
the latters’ association with the implementation, application
and development of the Schengen acquis.

Article 14

Depositary

The depositary shall publish in the Official
the
of
information
European Communities
adoptions, accessions and declarations and also any other
notification concerning this Convention.

Journal of
the progress

on

IN WITNESS WHEREOF, the undersigned Plenipotentiaries have
hereunto set their hands,

Finnish,

French, German, Greek,

Done at (cid:133), on (cid:133) in a single original in the Danish, Dutch,
English,
Italian,
Portuguese, Spanish and Swedish languages, each text being
equally authentic, the original being deposited in the archives
the European
of
Union. The Secretary-General shall forward a certified copy
thereof to each Member State.

the General Secretariat of

the Council of

Irish,

The Secretary-General of the Council of the European Union
shall act as depositary of this Convention.

For the Government of (cid:133)

For the Government of (cid:133)