Communication from the Commission to the Council and the European Parliament - "Developing a strategic concept on tackling organised crime" {SEC(2005) 724}
Date: 2005-06-02
Institutions: European Commission
Subjects: EU police cooperation, fight against crime, judicial cooperation in criminal matters in the EU, organised crime

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.6.2005 
COM(2005) 232 final 

COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE 
EUROPEAN PARLIAMENT 

"Developing a strategic concept on tackling organised crime" 

{SEC(2005) 724} 

EN 

   EN 

 
 
 
1. 

1. 

2. 

3. 

4. 

5. 

1 
2 

3 
4 
5 

INTRODUCTION 

The  European  Council  of  4/5  November  2004  asked  the  Council  and  the 
Commission,  under  The  Hague  Programme1,  to  develop  a  strategic  concept  on 
tackling  organised  crime  (OC)  at  EU-level  with  Union  bodies  such  as  Europol, 
Eurojust,  CEPOL  and  the  Police  Chiefs.  This  Communication  constitutes  the 
Commission’s contribution to the development of this strategy. 

Since  the  Amsterdam  Treaty’s  entry  into  force,  several  EU  action  plans  on 
combating OC have been adopted2, the latest being the Millennium Strategy on the 
prevention and control of OC of 2000.3 On the Dutch Council Presidency’s initiative 
discussion  began  in  2004  leading  to  the  adoption  of  Council  conclusions  on  the 
development of a strategic concept on tackling OC on 2.12.2004.4 

Various legislative and non-legislative initiatives contributing to the prevention and 
fight  against  OC  have  been  adopted  at  EU-level  since  the  creation  of  an  area  of 
freedom, security and justice. Now time is needed to integrate the different tools and 
measures  (preventive,  criminal  law  and  procedural  law)  taken  at  local,  national  or 
EU level and fill identified gaps. The Union should move to elaborate and implement 
a counter OC policy, with adequate financial support. 

Since  September  2001,  the  fight  against  terrorism  became  the  focus  of  attention. 
Although  links  between  OC  and  terrorism  exist,  OC  continues  to  pose  in  itself  a 
threat to  society.  OC  undermines legitimate economies and is a destabilising factor 
for society’s social and democratic fabric. It is therefore welcome that the European 
Council  put  combating  OC  high  on  the  agenda.  In  fighting  this  scourge  all  actors 
must balance efficient law enforcement and prosecution of OC, and the protection of 
fundamental rights and freedoms. 

remains  complex  despite  several  past 

To develop a strategic concept on tackling OC is a difficult task because the idea of 
OC 
initiatives  defining  “criminal 
organisation”.5  Also,  the  priority  topics  identified  by  the  Council  on  2.12.2004  are 
cross-cutting,  and  include  the  knowledge  base  for  reducing  OC  to  prevention,  law 
enforcement,  judicial  cooperation  and  external  relations  (cf.  section  2).  Measures 
proposed  in  the  present  context  may  therefore  effect  offences  that  are  not,  or  not 
exclusively,  OC-related.  Conversely,  initiatives  which  implement  e.g.  the  principle 
of  mutual  recognition  of  judicial  decisions  in  criminal  matters,  impact  on  many 
forms  of  serious  cross-border  crime.  A  strategic  approach  will  ensure  effective 
cooperation between all relevant actors. 

OJ C 053 03/03/2005 P.001-0014 
Action plan to combat OC (OJ C 251 of 15.8.1997), Council Resolution on the Prevention of OC (OJ 
C 408 of 29.12.1998), Vienna Action Plan (OJ C19 of 23.1.1999) 
OJ C 124 of 3.5.2000 
doc. 15050/04 CRIMORG 138; doc. 13463/2/04 REV2 CRIMORG 105 
See Joint Action to make it a criminal offence to participate in a criminal organisation in the Member 
States of the EU (OJ L 333 of 9.12.1998); doc. 6204/2/97 ENFOPOL 35 REV 2; Art. 2 UN Convention 
Against Transnational OC (A/RES/55/25) 

EN 

2 

   EN 

 
                                                 
6. 

Due  to  the  strategic  concept’s  broad  scope  priority-setting  is  inevitable  within  the 
Communication.  Section  2  develops  the  objectives  under  the  priority  topics  of  the 
strategic concept on tackling OC. Some aspects are only covered summarily but set 
out  in  detail  elsewhere.6  Section  3  summarises  the  follow-up  to  the  mid-term 
evaluation  of  the  Millennium  Strategy7,  while  section  4  points  the  way  forward. 
Annex  1  lists  the  measures  for  implementing  the  strategic  concept  on  tackling  OC, 
and  corresponding  responsibilities  with  target  dates  and  priority  ratings.  Annex  2 
lists  and  summarises  recently  adopted  Communications  and  Council  conclusions 
which are relevant. Annex 3 details the follow-up to the mid-term evaluation of the 
Millennium Strategy. 

2. 

PRIORITY TOPICS AND OBJECTIVES 

2.1. 

Improve knowledge of OC and strengthen information gathering and analysis 

7. 

8. 

9. 

increasing  globalisation  provides  new 
Technological  evolution  along  with 
opportunities  for  OC  groups.  In  order  to  prevent  and  counteract  OC,  knowledge 
about OC, OC groups and vulnerabilities of the licit sectors has to be gathered and 
updated  to  develop  better  tools,  as  stated  in  many  of  the  strategic  documents 
mentioned already, not least The Hague Programme. The future EU crime statistics 
system  should  collect  information  from  law  enforcement  agencies  and  also 
quantitative information based on citizen and business surveys, as well as measuring 
crime  and  victimisation  in  specific  groups  to  aid  decision-making  in  different 
policy  areas.  This  crime  statistics  system  will  be  developed  in  collaboration  with 
Member  States,  using,  as  needed,  the  Community  Statistical  Programme.  Further 
development,  testing  and  dissemination  of  a  methodology  for  studies  of  economic 
sectors’ vulnerability to OC are also needed. On this basis the Commission intends 
to produce an annual or biennial EU crime report in the future. 

The Hague Programme highlighted the need to develop an EU intelligence-led law 
enforcement  mechanism  to  enable  decision  makers  to  define  European  law 
enforcement strategies based on thorough assessments. Availability of and access to 
information  (cf.  section  2.3.3.),  production  of  European  criminal  intelligence  and 
enhanced  trust  between  law  enforcement  authorities  at  European  and  international 
level are its core elements. The Commission will present a Communication on an EU 
intelligence-led law enforcement policy in 2005. 

Within this policy, a ‘European Criminal Intelligence Model’ should be developed 
to  address  issues  such  as  coherent  intelligence  actions  products  and  services  of 
national  and  EU  bodies  active  in  the  domain  of  Justice,  Freedom  and  Security,  the 
synchronisation  of  national  threat  assessments  based  on  a  common  methodology, 
underpinned  by  sectoral  vulnerability  studies,  the  production  of  quantitative  and 
qualitative  information  by  the  private  sector  and  other  relevant  data  from  evolving 
European  crime  statistics.  A  key  element  of  the  Model  will  be  a  European  OC 
threat  assessment  by  Europol  as  requested  in  The  Hague  Programme  based  on 
synchronised national assessments. 

6 

7 

Particularly initiatives included in The Hague Programme, e.g. the EU drugs strategy 2005-2012 (doc. 
15074/04). 
doc 10925/03 CRIMORG 49 of which the JAI Council of 2/3.10.2003 took note. 

EN 

3 

   EN 

 
                                                 
10. 

OC-related  research  is  currently  funded  under  the  6th  Research  Framework 
Programme (RFP) and the Preparatory Action for Security Research. It is envisaged 
that OC-related research would be part of the new Security Research Programme and 
of other related areas in the proposed 7th RFP. Specific research projects to support 
policy  development  will  also  be  possible  through  the  AGIS  programme,  any 
successor under the Financial Perspectives (2007-2013), and studies funds. 

2.2. 

Strengthen OC prevention  

11. 

12. 

13. 

14. 

15. 

8 
9 
10 
11 
12 

An  effective  crime  prevention  policy  goes  beyond  classical  law  enforcement 
cooperation  to  include  good  governance,  transparency,  accountability  and  social 
responsibility  standards  for  the  public  and  private  sector  to  reduce  crime 
opportunities.  Some  EU  Member  States  have  been  innovative  in  using  an 
administrative  approach  to  prevent  the  penetration  of  legal  markets  by  criminal 
organisations.  The  Council  recently  adopted  recommendations8  that  this  approach 
merits  further  research  and  dissemination  across  the  EU.  At  EU  level,  the 
Commission  intends  to  develop  a  model  for  crime  proofing  legislation  and  new 
products  and  services  which  could  be  widely  disseminated  to  avoid  inadvertently 
creating new opportunities for OC. 

One key tool by which OC infiltrates licit markets is corruption9. Therefore further 
development  and  implementation  of  a  comprehensive  EU  anti-corruption  policy 
including  criminal  law  measures,  promotion  of  ethics  and  integrity  in  public 
administration  and  improved  monitoring  of  national  anti-corruption  policies  in  the 
context of EU and international obligations and other standards is essential and also 
timely  in  order  to  effectively  implement  the  UN  Convention  Against  Corruption.10 
Fostering public sector transparency is one of the Commission’s strategic objectives 
2005-2009 and a White Paper on a European Transparency Initiative will follow. 

The  Dublin  Declaration11  recognised  Public  Private  Partnerships  as  an  effective 
tool  for  preventing  crime  in  general,  and  OC  in  particular.  The  preparation  and 
implementation of an EU Action Plan on Public Private Partnerships is a priority for 
the Commission in 2006, under The Hague Programme. 

The  prevention  of  human  trafficking,  a  particularly  serious  crime  involving  severe 
human rights violations, is a primary aim. The Commission will submit a dedicated 
Communication on combating trafficking in human beings in 2005 which will take 
an integrated, human-rights oriented and victim-centred approach. 

Under  the  Structural  Funds  financial  support  for  preventive  measures  has  been 
available but was rarely used by Member States,12 contributing to the Commission’s 
proposal  to  set  up  a  distinct  Security  and  Safeguarding  Liberties  Framework 
Programme under the Financial Perspectives 2007-2013 to finance such measures. 

doc. 12557/04 CRIMORG 79, doc. 14125/2/04 REV2 CRIMORG 123 
cf. COM (2003) 317; Resolution EP No. A5-0367/2003 
A/58/422 
doc. 16302/03 CRIMORG 96 
Italy’s  Mezzogiorno  programme  is  the  notable  exception;  cf.  also  Communication:  Further  Indicative 
Guidelines for the Candidate Countries COM(2003) 110 

EN 

4 

   EN 

 
                                                 
2.3. 

Strengthen tools and improve cooperation 

2.3.1. 

Strengthen investigation of OC 

16. 

17. 

18. 

19. 

20. 

Special  investigation  techniques  have  proven  effective  in  police,  customs’  and 
judicial investigation of cross-border OC. The 2000 Mutual Legal Assistance (MLA) 
Convention  and  2001  Protocol13  provide  for  these  techniques  although  neither 
instrument has yet entered into force, hence the separate Framework Decision (FD) 
on the use of Joint Investigation Teams14 (JIT). Further work is needed to improve 
the use of JITs and other special investigation techniques. 

To speed up and simplify the obtaining of evidence across borders, the Commission 
has  proposed  the  European  Evidence  Warrant  which  would  for  certain  types  of 
evidence  replace  mutual  legal  assistance.15  In  the  medium  term  the  principle  of 
mutual  recognition  should  be  extended  to  cover  all  types  of  evidence.  The 
Commission plans several initiatives on admissibility of evidence as explained in its 
Communication  on  the  principle of  mutual  recognition  in  criminal  matters.16 These 
initiatives  would  enhance  mutual  trust  by  ensuring  a  fair  balance  between  efficient 
prosecution and defence rights. The cross border use of intelligence as evidence is 
an additional theme requiring further study. 

As  well  as  the  collection  of  evidence  in  the  context  of  financial  investigations  (cf. 
section  2.3.2.),  capturing,  safeguarding  and  exchanging  electronic  evidence  is  an 
increasingly relevant issue to be addressed shortly by the Commission as requested 
by the European Council of 16/17.12.2004.17 

Data retention for electronic communication services is an important element in the 
investigation  of  criminal  offences  involving  the  use  of  information  technology.  It 
requires a balance between effective law enforcement, the protection of fundamental 
rights and the financial burden which resulting obligations cause to service providers. 
To  meet  legal  considerations  the  Commission  will  submit  in  2005  a  proposal  for  a 
directive as appropriate legal instrument. 

It is often essential to rely on witnesses or collaborators of justice in order to bring 
key  figures  of  OC  groups  to  justice.  Building  on  two  Council  Resolutions,18  the 
Millennium  Strategy  suggested  further  work  be  done.  The  Council  invited  the 
Commission  to  work  on  a  witness  protection  programme  for  terrorism.19  Europol 
developed  two  useful  documents20  and  the  Commission  is  preparing  a  legal 
instrument on this. 

21. 

Some  EU  Member  States  have  created  specialised  investigation  or  prosecutorial 
services  to  deal  with  OC  related  offences.  Such  services  are  made  up  of  multi-

13 
14 
15 
16 
17 
18 
19 
20 

OJ C 197 of 12.7.2000, p.1; OJ C 326 of 21.11.2001, p.1 
OJ L 162 of 20.6.2002, p.1 
COM(2003) 688 
COM(2005) 195 
doc. 16238/04 CONCL 4, doc 16089/04 JAI 566 
OJ C 327 of 7.12.1995, p. 5; OJ C 10 of 11.1.1996, p. 1 
Declaration on Combating Terrorism of 25.3.2004 
“Basic  principles  of  European  Union  police  co-operation  in  the  field  of  witness  protection"  and 
"Common Criteria for taking a witness into a Protection Programme"; both EU restricted 

EN 

5 

   EN 

 
                                                 
disciplinary  expert  teams  for  complex  crime  investigations.  The  Commission 
encourages all Member States to consider this approach. 

2.3.2. 

Strengthen tools to address financial aspects of OC 

22. 

23. 

24. 

25. 

26. 

Financial  gain  drives  OC.  Removing  the  ability  to  launder  criminal  proceeds  or  to 
finance criminal activity would significantly impede the motivation and capacity of 
OC groups. Therefore an enhanced ability to freeze and confiscate the proceeds of 
crime is key to fighting and preventing such criminal activity. The Commission will 
therefore  promote  stronger  financial  investigation  skills  and  appropriate  legal 
instruments  aiding  rapid  identification  and  tracing  of  illicit  financial  transfers  and 
other transactions. 

Three FDs dealing with the freezing and confiscation of assets, including extended 
confiscatory powers have been agreed with one still subject to reservations.21 The FD 
on  confiscation  of  crime-related  proceeds  provides  that  in  using  extended 
confiscation  powers,  Member  States  may  use  non-criminal  procedures.  Its  recitals 
also  refer  to  the  UN  Convention  on  Transnational  OC  where  State  Parties  may 
consider the possibility of requiring an offender to show the lawful origin of alleged 
proceeds of crime, including by reversing the onus and/or lightening the standard of 
proof. The Commission will review EU legislation on confiscation of criminal assets 
in  this  light.  In  addition,  the  Commission  will  explore  standards  on  the  return  of 
confiscated  or  forfeited  assets  as  compensation  or  restitution  to  identifiable 
victims of crime or charitable organisations. 

The  proposed  third  money  laundering  Directive22  strengthens  existing  Community 
anti-money  laundering  legislation  by  e.g.  widening  the  definition  of  predicate 
offences and adding new categories of persons subject to reporting obligations. Yet, 
to ensure future commitment of financial institutions and others, it should be shown 
that anti-money laundering reporting generates worthwhile results. For this purpose, 
financial intelligence units must provide adequate feedback. 

Organised criminals use the financial system of a Member State to integrate money 
from criminal activity carried out in another Member State. Europol seeks to identify 
links between such criminal activity and related transactions within the framework of 
the Analysis Work Files, e.g. the “SUSTRANS” project. All Member States should 
actively support this work, by providing high quality data to Europol. 

The  Protocol  to  the  2000  MLA  Convention  aims  at  facilitating  cooperation  in 
cross-border  financial  investigations.  Due  to  the  low  rate  of  ratification  of  this 
Protocol  its  date  of  entry  into  force  is  uncertain.  As  the  principle  of  mutual 
recognition  should  progressively  replace  mutual  legal  assistance  the  Commission 
will need to consider new legislative proposals.23 

21 

22 
23 

FD  2003/577/JHA  of  22.7.2003;  FD  2005/212/JHA  of  24.2.2005;  political  agreement  was  reached  in 
6/2004 on a draft FD on the application of the principle of mutual recognition to confiscation orders. 
COM (2004) 448 
Fn 16 

EN 

6 

   EN 

 
                                                 
2.3.3. 

Strengthen the access to and exchange of information and intelligence between law 
enforcement authorities 

27. 

The  European  Council  stressed  in  The  Hague  Programme  that  strengthening 
freedom,  security  and  justice  requires  an  innovative  approach  to  the  cross-border 
exchange  of  law  enforcement  information.  The  action  plan  implementing  The 
Hague  Programme  will  further  develop  the  Commission’s  initiatives  to  implement 
the  principle  of  availability  for  the  exchange  of  law  enforcement  information, 
common standards for access to databases and interoperability of national and 
EU  databases.  National  and  EU  databases  should  progressively  use  the  same 
standards  and  compatible  technologies  to  ensure  the  selective  exchange  of  law 
enforcement  data  while  taking  into  account  the  appropriate  inter-linkages  with 
international databases. Personal data protection and data security measures such 
as proportionality, integrity and confidentiality of data and effective legal  remedies 
must proceed along with these extended possibilities. The Commission will submit a 
legislative proposal on this in 2005. 

28. 

Intensive  cooperation  between  national  law  enforcement  authorities  and  with 
relevant  EU  bodies  is  necessary  to  the  building  of  trust.  Established  information 
channels e.g. Europol’s Virtual Private Network or its Information System should be 
used and, where appropriate, supplemented by expert networks (cf. section 2.4.). 

2.3.4. 

Strengthen inter-institutional and cross-jurisdictional cooperation 

29. 

30. 

The  Hague  Programme  stresses  the  need  for  intensified  practical  cooperation 
between  police  and  customs  authorities  of  Member  States  and  with  Europol  and 
Eurojust. Prosecutors/judiciary and Eurojust must be involved at an early stage e.g. 
for  wire-tapping  or  arrest  warrants.  Joint  customs,  police  and/or  judicial 
operations  should  become  a  frequent  tool  of  practical  cooperation.  Common 
structures  of  cooperation  in  internal  border  regions  of  the  Union  should  be 
fostered.  In  addition,  the  Commission  proposes  funding  joint  EU  operations 
systematically in the future under financial perspectives 2007-2013. The Committee 
on  Internal  Security  envisaged  in  Article  III-261,  Constitutional  Treaty,  should 
facilitate  the  coordination  of  the  action  of  Member  States’  competent  authorities, 
focusing on operational cooperation. 

As  a  follow-up  to  the  relevant  Green  Paper24,  the  Commission  will  undertake  an 
impact assessment and submit a White Paper on a legislative proposal to establish the 
European  Public  Prosecutor’s  (EPP)  Office  from  Eurojust,  with  responsibility  for 
investigating,  prosecuting  and  bringing  to  judgement  offences  against  the  Union’s 
financial interests under the future Constitutional Treaty25 and also for the possibility 
to extend the EPP’s powers to serious crime with a cross-border dimension. 

24 

25 

COM (2001) 715 final of 11.12.2001, “Green Paper on criminal-law protection of the financial interests 
of the Community and the establishment of a European Prosecutor”. 
Communication  from  the  Commission,  Protecting  the  Communities’  financial  interests,  Fight  against 
fraud, Action Plan for 2004-2005, COM (2004) 544 final. 

EN 

7 

   EN 

 
                                                 
2.4. 

Improve use of, and strengthen, existing bodies 

31. 

32. 

33. 

34. 

35. 

It  is  important  to  ratify  and  implement  the  relevant  legal  instruments  regarding 
Europol  and  Eurojust,  including  the  three  protocols26  to  the  Europol  Convention. 
The report on the implementation of the Eurojust Decision27 identified shortcomings, 
e.g.  differences  in  the  judicial  powers  of  national  members  which  hamper  its 
effectiveness. 

The potential of Eurojust28 and Europol in the fight against OC has yet to be fully 
exploited  by  Member  States.  Significant  multilateral  cases  should  be  referred,  and 
serious cross-border crime reported, to Eurojust. The flow of information to Europol 
is still insufficient. Ways of increasing the systematic forwarding of high quality, live 
investigative  data  by  Member  States  must  be  developed.  Implementation  of  the 
Europol Information System in all Member States will facilitate Europol’s access 
to information on OC. 

Europol and Eurojust should be more closely involved in the investigation phase of 
cross-border OC cases and in JITs. The opportunities opened by existing legislation 
and  the  Constitutional  Treaty  with  regard  to  their  tasks  should  be  used.  More 
specifically,  consideration  should  be  given  to  enhanced  coordination  by  Europol 
and  Eurojust  for  complex  cross-border  operations  and  criminal  investigations 
of  serious  and  OC,  providing  logistical  support,  expertise  and  knowledge  of  best 
practice and enhanced use of the Europol/Eurojust agreement. 

Training  and  systematic  exchange  programmes  should  be  promoted  via  CEPOL 
with funding under the Community budget. The Commission has proposed that these 
activities grow in size and impact.29 

The  Border  Management  Agency,  though  primarily  tasked  with  improving  the 
implementation of the Schengen acquis on control of persons at the external borders, 
should  provide  intelligence  and  play  a  role  in  the  coordination  of  operations  on 
illegal immigration-related OC in cooperation with Member States and Europol, and 
develop an integrated risk analysis model. 

2.5. 

Improve legislation where needed 

36. 

Offences  related  to  transborder  OC  justify  by  their  nature  and  potential  impact 
consideration  of  a  common  basis  in  the  Union  to  combat  them.  The  most  recent 
example is the proposal for a FD on the fight against OC30 to provide a harmonised 
definition of offences and penalties of different forms of participation in a criminal 
organisation.  In  the  Commission’s  view  approximation  of  legislation  should 
complement  the  mutual  recognition  of  judicial  decisions  in  criminal  matters31. 
When  adopting  the  FD  on  the  European  Arrest  Warrant32  the  Council  agreed  “to 

26 
27 
28 
29 
30 
31 
32 

OJ C 358 of 13.12.2000, p.1; OJ C 312 of 16.12.2002, p. 1; OJ C 2 of 6.1.2004, p. 1 
COM(2004) 457 
Council conclusions on an improved use of Eurojust doc. 15285/04, doc. 12561/4/04 REV4 
COM(2004) 623 
COM(2005) 6 
para. 17 
OJ L 190 of 18.7.2002, p.1 

EN 

8 

   EN 

 
                                                 
continue,  in  accordance  with  Article  31(e)  TEU,  the  work  on  approximation  of  the 
offences contained in Article 2(2)” thereof with a view to arriving at a mutual legal 
understanding  among  Member  States.33  The  Commission  will  therefore  study  the 
scope for further approximation of legislation in criminal matters e.g. in the fields of 
counterfeiting,  illicit  arms  trafficking,  fraud,  especially  tax  fraud  and  identity  theft, 
environmental crime, racketeering and extortion. 

2.6. 

Improve monitoring and evaluation 

37. 

Several  instruments  currently  provide  evaluation  of  OC  policy  or  contribute  to  it. 
They  need  refinement  since  The  Hague  Programme’s  call  for  evaluation  of  the 
implementation,  as  well  as  of  the  effects  of  Union  policies  in  the  area  of  freedom, 
security and justice. The Commission regards this as of crucial importance and will 
present its views on evaluation, bearing in mind Article III-260 of the Constitutional 
Treaty in 2006. In the OC context, the future EU crime report and the EU OC Threat 
Assessments  (cf.  section  2.1.)  will  be  important  tools  for  an  evaluation  mechanism 
on OC-related matters. Evaluations of customs cooperation, anti-corruption policies 
and 
respective 
Communications34, should be given priority due to their horizontal impact. 

announced 

financial 

already 

against 

crime, 

fight 

in 

2.7. 

Strengthen co-operation with non-EU countries and international organisations 

38. 

39. 

40. 

41. 

42. 

In this era of open borders and global integration and inter-dependence, the internal 
security  of  the  EU  is  inseparably  linked  to  external  aspects  of  security.  The 
external  dimension  of  the  EU’s  response  to  OC,  and  other  security  threats,  has 
developed  considerably  over  recent  years.  Bi-lateral,  regional  and  international 
initiatives, need to be further refined. 

Co-operation  to  tackle  OC  should  be  developed  further  with  priority  third 
countries,  through  agreements  and  other  instruments.  Such  cooperation  should 
include the promotion of relevant EU benchmarks and international standards. 

The EU should promote and support the development of regional approaches and 
cooperation to combat OC, particularly in those regions bordering the EU. 

to  ensure  comprehensive  ratification  and 

The  EU  should  also  fully  support  the  development  of  multilateral  approaches  to 
combat  OC, 
implementation  of 
international  instruments,  such  as  the  UN  Conventions  on  Transnational  OC  and 
Corruption, and the development of international standards and provisions in other 
fora such as the Council of Europe, G8, FATF, OSCE and OECD.  

Direct  cooperation  between  Europol,  Eurojust  on  the  one  hand,  and  non-EU 
countries/bodies on the other, is essential  for  developing a European dimension to 
law enforcement and judicial cooperation beyond EU borders. Europol’s strategy on 
external  relations  2004-200635  should  be  pursued  further  and  Eurojust  should 
develop its own external relations strategy. 

33 
34 
35 

doc. 9958/02 ADD1 REV1 JAI 138 
COM(2003) 317, COM(2004) 262, COM(2004) 376 
doc. 12660/04 EUROPOL 44 

EN 

9 

   EN 

 
                                                 
2.8. 

Setting priorities for tackling specific forms of OC at EU-level and for follow-up 

43. 

44. 

3. 

45. 

4. 

46. 

Consensus  was  reached  in  the  Council’s  Multi-disciplinary  Group  to  analyse 
Europol’s OC Report, consult with Eurojust and Europol, and then forward the result 
to the relevant bodies of the Council with a view to identifying a limited number of 
yearly strategic priorities in the fight against OC.36 

The Hague Programme establishes that the Council should use the yearly OC threat 
assessments  by  Europol  to  establish  such  priorities  as  of  2006.  In  order  to  make  it 
possible  for  Europol  to  fulfil  this  requirement,  work  on  intelligence-led  law 
enforcement must be taken further without delay. This will require significant efforts 
not  only  from  Europol,  but  equally  from  Member  States  and  competent  EU  bodies 
(cf. section 2.1.) 

SUMMARY  OF  FOLLOW-UP  TO  THE  CONCLUSIONS  OF  THE  MID-TERM  EVALUATION 
REPORT ON THE MILLENNIUM STRATEGY 

The conclusions of the mid-term evaluation of the Millennium Strategy identified six 
recommendations  for  further  action.  Dealing  with  drugs  trafficking  has  been  met 
with  the  Council’s  adoption  of  a  FD  approximating  legislation  in  the  field  of  drug 
trafficking in October 2004.37 Follow-up work on the other five recommendations is 
underway. The Commission proposed legislation38 and adopted a White Paper on the 
exchange of information on convictions39; a Communication on disqualifications 
will  follow  later  in  2005.  The  proposal  for  a  Third  Money  Laundering  Directive40 
includes  a  provision  to  prevent  the  use  of  large-scale  cash  payments  for  money 
laundering  purposes.  The  development  of  comparable  crime  statistics  is  a  long 
term project on which the Commission is engaged along with other stakeholders. It 
will  present  an  Action  Plan  on  EU  Crime  Statistics  during  2005.  A  study  has  been 
launched  on  fiscal  fraud.  Its  results  are  expected  in  July  2005.  The  Commission 
(OLAF)  and  Europol,  within  their  respective  legal  frameworks  will  provide 
assistance to Member States in the format of a service platform for joint customs 
operations in 2005. Finally, the Commission is currently working on a proposal on 
the protection of witnesses and collaborators of justice. 

THE WAY FORWARD 

This  Communication  spells  out  the  strategic  concept  on  tackling  OC  in  terms  of 
objectives.  Annex  1  comprises  a  list  of  implementing  actions  within  a  5  year 
perspective.  Once  adopted  by  the  Council,  the  strategic  concept  on  tackling  OC 
should  complement  the  action  plan  implementing  The  Hague  Programme  as  it 
contributes to strengthening freedom, security and justice in the Union. Building and 
integrating  the  different  elements  for  a  European  criminal  intelligence  model  is  the 

36 
37 
38 
39 
40 

doc. 16183/04 CRIMORG 152 
OJ L335 of 11.11.2004, p. 8 
COM(2004) 664 
COM(2005) 10 
COM(2004) 448 

EN 

10 

   EN 

 
                                                 
most important task ahead, and will require a shared effort by Member States and EU 
institutions and bodies. 

47. 

The  strategic  concept  should  be  considered  a  living  document.  The  Commission  is 
invited to present to the Council a yearly report on the implementation of The Hague 
programme (scoreboard) which would incorporate a progress report on the strategic 
concept. Alternatively, it could be evaluated separately in order for this evaluation to 
be tuned to the process of annually identifying strategic priorities in the fight against 
OC at EU level.  

48. 

A specific evaluation of the strategic concept is recommended at the end of 2006 to 
provide a benchmark before implementation of the financial perspectives 2007-2013 
and in view of the entry into force of the Constitutional Treaty. 

EN 

11 

   EN