Council Framework Decision 2006/783/JHA of 6 October 2006 on the application of the principle of mutual recognition to confiscation orders
Date: 2006-10-06
Institutions: Council of the European Union
Subjects: EU Member State, confiscation of property, criminal procedure, judicial cooperation in criminal matters in the EU, mutual recognition principle

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

COUNCIL FRAMEWORK DECISION 2006/783/JHA

of 6 October 2006

on the application of the principle of mutual recognition to confiscation orders

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particu-
lar Articles 31(1)(a) and 34(2)(b) thereof,

Having regard to the initiative of the Kingdom of Denmark (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

(3)

The European Council, meeting in Tampere on 15 and
16 October 1999, stressed that the principle of mutual
recognition should become the cornerstone of judicial
cooperation in both civil and criminal matters within the
Union.

According to paragraph 51 of the conclusions of the Tam-
pere European Council, money laundering is at the very
heart of organised crime, and should be rooted out wher-
ever it occurs; the European Council is determined to
ensure that concrete steps are taken to trace, freeze, seize
and confiscate the proceeds of crime. In that connection,
in paragraph 55 of the conclusions, the European Coun-
cil calls for the approximation of criminal law and proce-
dures on money laundering (e.g.
freezing
and confiscating funds).

tracing,

All Member States have ratified the Council of Europe
Convention of 8 November 1990 on Laundering, Search,
Seizure and Confiscation of the Proceeds from Crime
(the 1990 Convention). The Convention obliges signato-
ries to recognise and enforce a confiscation order made
by another party, or to submit a request to its competent
authorities for the purpose of obtaining an order of con-
fiscation and, if such order is granted, enforce it. The

Parties may refuse requests for confiscation inter alia if the
offence to which the request relates would not be an
offence under the law of the requested Party, or if under
the law of the requested Party confiscation is not provided
for in respect of the type of offence to which the request
relates.

On 30 November 2000 the Council adopted a pro-
gramme of measures to implement the principle of mutual
recognition of decisions in criminal matters, giving first
priority (measures 6 and 7) to the adoption of an instru-
ment applying the principle of mutual recognition to the
freezing of evidence and property. Moreover, pursuant to
paragraph 3.3 of the programme, the aim is to improve,
in accordance with the principle of mutual recognition,
execution in one Member State of a confiscation order
issued in another Member State, inter alia for the purpose
of restitution to a victim of a criminal offence, taking into
account the existence of the 1990 Convention. With a
view to achieving this aim, this Framework Decision,
within its field of application, reduces the grounds for
refusal of enforcement and suppresses, among Member
States, any system of conversion of the confiscation order
into a national one.

Council Framework Decision 2001/500/JHA (3) lays down
provisions on money laundering, the identification, trac-
ing, freezing, seizing and confiscation of instrumentalities
and the proceeds from crime. Under that Framework Deci-
sion, Member States are also obliged not to make or
uphold reservations in respect of Article 2 of the 1990
Convention, in so far as the offence is punishable by dep-
rivation of liberty or a detention order for a maximum of
more than one year.

(4)

(5)

(6)

Finally, on 22 July 2003 the Council adopted Framework
Decision 2003/577/JHA on the execution in the European
Union of orders freezing property or evidence (4).

(1) OJ C 184, 2.8.2002, p. 8.
(2) Opinion delivered on 20 November 2002 (OJ C 25 E, 29.1.2004,

p. 205).

(3) OJ L 182, 5.7.2001, p. 1.
(4) OJ L 196, 2.8.2003, p. 45.

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(7)

(8)

(9)

The main motive for organised crime is financial gain. In
order to be effective, therefore, any attempt to prevent
and combat such crime must focus on tracing, freezing,
seizing and confiscating the proceeds from crime. It is not
enough merely to ensure mutual recognition within the
European Union of temporary legal measures such as
freezing and seizure; effective control of economic crime
also requires the mutual recognition of orders to confis-
cate the proceeds from crime.

The purpose of this Framework Decision is to facilitate
cooperation between Member States as regards the mutual
recognition and execution of orders to confiscate prop-
erty so as to oblige a Member State to recognise and
execute in its territory confiscation orders issued by a court
competent
in criminal matters of another Member
State. This Framework Decision is linked to Council
Framework Decision 2005/212/JHA of 24 February 2005
on Confiscation of Crime-Related Proceeds, Instrumentali-
ties and Property (1). The purpose of that Framework Deci-
sion is to ensure that all Member States have effective rules
governing the confiscation of proceeds from crime,
inter alia in relation to the onus of proof regarding the
source of assets held by a person convicted of an offence
related to organised crime.

Cooperation between Member States, based on the prin-
ciple of mutual recognition and immediate execution of
judicial decisions, presupposes confidence that the deci-
sions to be recognised and executed will always be taken
in compliance with the principles of legality, subsidiarity
and proportionality. It also presupposes that the rights
granted to the parties or bona fide interested third parties
will be preserved. In this context, due consideration should
be given to preventing successful dishonest claims by legal
or natural persons.

(12) Where there are doubts with regard to the location of
property which is the subject of a confiscation order,
Member States should use all available means in order
to identify the correct location of that property, including
the use of all available information systems.

(13)

This Framework Decision respects fundamental rights and
observes the principles recognised by Article 6 of the
Treaty on European Union and reflected by the Charter
of Fundamental Rights of the European Union, in particu-
lar Chapter VI thereof. Nothing in this Framework Deci-
sion may be interpreted as prohibiting refusal to confiscate
property for which a confiscation order has been issued
when objective grounds exist for believing that the confis-
cation order was issued for the purpose of prosecuting or
punishing a person on account of his or her sex, race, reli-
gion, ethnic origin, nationality, language, political opin-
ion or sexual orientation, or that that person’s position
may be prejudiced for any of these reasons.

(14)

This Framework Decision does not prevent any Member
State from applying its constitutional rules relating to due
process, freedom of association, freedom of the press and
freedom of expression in other media.

(15)

This Framework Decision does not address the restitution
of property to its rightful owner.

(16)

(17)

This Framework Decision does not prejudice the end to
which the Member States apply the amounts obtained as
a consequence of its application.

This Framework Decision does not affect the exercise of
the responsibilities incumbent upon Member States with
regard to the maintenance of law and order and the safe-
guarding of internal security in accordance with Article 33
of the Treaty on European Union,

HAS ADOPTED THIS FRAMEWORK DECISION:

(10)

The proper practical operation of this Framework Deci-
sion presupposes close liaison between the competent
national authorities involved,
in particular in cases of
simultaneous execution of a confiscation order in more
than one Member State.

Article 1

Objective

(11)

The terms ‘proceeds’ and ‘instrumentalities’ used in this
Framework Decision are sufficiently broadly defined
to include objects of offences whenever necessary.

(1) OJ L 68, 15.3.2005, p. 49.

The purpose of this Framework Decision is to establish the
1.
rules under which a Member State shall recognise and execute in
its territory a confiscation order issued by a court competent in
criminal matters of another Member State.

2.
This Framework Decision shall not have the effect of modi-
fying the obligation to respect fundamental rights and fundamen-
tal legal principles as enshrined in Article 6 of the Treaty on
European Union, and any obligations incumbent on judicial
authorities in this respect shall remain unaffected.

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Article 2

Definitions

(h) where the criminal proceedings leading to a confiscation
order involve a predicate offence as well as money launder-
ing, a ‘criminal offence’ mentioned in Article 8(2)(f) shall
mean a predicate offence.

For the purpose of this Framework Decision,

(a)

(b)

(c)

(d)

(e)

(f)

(g)

‘issuing State’ shall mean the Member State in which a court
has issued a confiscation order within the framework of
criminal proceedings;

Article 3

Determination of the competent authorities

‘executing State’ shall mean the Member State to which a
confiscation order has been transmitted for the purpose of
execution;

‘confiscation order’ shall mean a final penalty or measure
imposed by a court following proceedings in relation to a
criminal offence or offences, resulting in the definitive dep-
rivation of property;

‘property’ shall mean property of any description, whether
corporeal or incorporeal, movable or immovable, and legal
documents and instruments evidencing title to or interest in
such property, which the court in the issuing State has
decided:

(i)

is the proceeds of an offence, or equivalent to either the
full value or part of the value of such proceeds,

or

(ii) constitutes the instrumentalities of such an offence,

or

1.
Each Member State shall inform the General Secretariat of
the Council which authority or authorities, under its law, are
competent according to this Framework Decision when that
Member State is:

— the issuing State,

or

— the executing State.

2.
Notwithstanding Articles 4(1) and (2), each Member State
may designate, if it is necessary as a result of the organisation of
its internal system, one or more central authorities responsible
for the administrative transmission and reception of the confis-
cation orders and to assist the competent authorities.

The General Secretariat of the Council shall make the infor-
3.
mation received available to all Member States and the
Commission.

(iii) is liable to confiscation resulting from the application
in the issuing State of any of the extended powers of
confiscation specified in Article 3(1) and (2) of Frame-
work Decision 2005/212/JHA,

Article 4

Transmission of confiscation orders

or

(iv)

is liable to confiscation under any other provisions relat-
ing to extended powers of confiscation under the law
of the issuing State;

‘proceeds’ shall mean any economic advantage derived from
criminal offences. It may consist of any form of property;

‘instrumentalities’ shall mean any property used or intended
to be used, in any manner, wholly or in part, to commit a
criminal offence or criminal offences;

‘cultural objects forming part of the national cultural heri-
tage’ shall be defined in accordance with Article 1(1) of
Council Directive 93/7/EEC of 15 March 1993 on the return
of cultural objects unlawfully removed from the territory of
a Member State (1);

(1) OJ L 74, 27.3.1993, p. 74. Directive as last amended by Directive
2001/38/EC of the European Parliament and of the Council (OJ L 187,
10.7.2001, p. 43).

A confiscation order, together with the certificate provided
1.
for in paragraph 2, the standard form for which is given in the
Annex, may, in the case of a confiscation order concerning an
amount of money, be transmitted to the competent authority of
a Member State in which the competent authority of the issuing
State has reasonable grounds to believe that the natural or legal
person against whom the confiscation order has been issued has
property or income.

In the case of a confiscation order concerning specific items of
property, the confiscation order and the certificate may be trans-
mitted to the competent authority of a Member State in which
the competent authority of the issuing State has reasonable
grounds to believe that property covered by the confiscation
order is located.

If there are no reasonable grounds which would allow the issu-
ing State to determine the Member State to which the confisca-
tion order may be transmitted, the confiscation order may be
transmitted to the competent authority of the Member State
where the natural or legal person against whom the confiscation
order has been issued is normally resident or has its registered
seat respectively.

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The confiscation order or a certified copy thereof, together
2.
with the certificate, shall be transmitted by the competent author-
ity of the issuing State directly to the authority of the executing
State which is competent to execute it, by any means capable of
producing a written record, under conditions allowing the
executing State to establish authenticity. The original of the con-
fiscation order, or a certified copy thereof, and the original of
the certificate shall be transmitted to the executing State if it so
requires. All official communications shall be made directly
between the said competent authorities.

A confiscation order concerning an amount of money may
3.
be transmitted to more than one executing State at the same time,
where the competent authority of the issuing State deems there
is a specific need to do so, for example where:

— the property concerned has not been frozen under Council

Framework Decision 2003/577/JHA of,

or

The certificate, shall be signed, and its contents certified as

3.
accurate, by the competent authority of the issuing State.

— the value of the property which may be confiscated in the
issuing State and any one executing State is not likely to be
sufficient for the execution of the full amount covered by
the confiscation order.

4.
If the authority competent to execute the confiscation order
is not known to the competent authority of the issuing State, the
latter shall make all necessary enquiries, including via the con-
tact points of the European judicial network, in order to obtain
information from the executing State.

5. Where the authority of the executing State which receives
a confiscation order has no jurisdiction to recognise it and take
the necessary measures for its execution, it shall, ex officio, trans-
mit the order to the authority competent to execute it, and shall
inform the competent authority of the issuing State accordingly.

Article 6

Offences

1.
If the acts giving rise to the confiscation order constitute
one or more of the following offences, as defined by the law of
the issuing State, and are punishable in the issuing State by a cus-
todial sentence of a maximum of at least three years, the confis-
cation order shall give rise to execution without verification of
the double criminality of the acts:

— participation in a criminal organisation,

Article 5

— terrorism,

Transmission of a confiscation order to one or more
executing States

— trafficking in human beings,

— sexual exploitation of children and child pornography,

Subject to paragraphs 2 and 3, a confiscation order may
1.
only be transmitted pursuant to Article 4 to one executing State
at any one time.

— illicit

trafficking in narcotic drugs and psychotropic

substances,

2.
A confiscation order concerning specific items of property
may be transmitted to more than one executing State at the same
time in cases where:

— the competent authority of the issuing State has reasonable
grounds to believe that different items of property covered
by the confiscation order are located in different executing
States,

— the confiscation of a specific item of property covered by
the confiscation order involves action in more than one
executing State,

or

— illicit trafficking in weapons, munitions and explosives,

— corruption,

— fraud, including that affecting the financial interests of the
European Communities within the meaning of the Conven-
tion of 26 July 1995 on the protection of the European
Communities’ financial interests,

— laundering of the proceeds of crime,

— counterfeiting currency, including of the euro,

— computer-related crime,

— environmental crime, including illicit trafficking in endan-
gered animal species and in endangered plant species
and varieties,

— facilitation of unauthorised entry and residence,

— the competent authority of the issuing State has reasonable
grounds to believe that a specific item of property covered
by the confiscation order is located in one of two or more
specified executing States.

— murder, grievous bodily injury,

— illicit trade in human organs and tissue,

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— kidnapping, illegal restraint and hostage-taking,

or one of the grounds for postponement of execution provided
for in Article 10.

— racism and xenophobia,

— organised or armed robbery,

— illicit trafficking in cultural goods, including antiques and

works of art,

— swindling,

— racketeering and extortion,

— counterfeiting and piracy of products,

— forgery of administrative documents and trafficking therein,

— forgery of means of payment,

— illicit trafficking in hormonal substances and other growth

promoters,

— illicit trafficking in nuclear or radioactive materials,

— trafficking in stolen vehicles,

— rape,

— arson,

— crimes within the jurisdiction of the International Criminal

Court,

If a request for confiscation concerns a specific item of
2.
property, the competent authorities of the issuing and the execut-
ing States may, if provided for under the law of those States,
agree that confiscation in the executing State may take the form
of a requirement to pay a sum of money corresponding to the
value of the property.

3.
If a confiscation order concerns an amount of money, the
competent authorities of the executing State shall, if payment is
not obtained, execute the confiscation order in accordance with
paragraph 1 on any item of property available for that purpose.

If a confiscation order concerns an amount of money, the
4.
competent authorities of the executing State shall, if necessary,
convert the amount to be confiscated into the currency of the
executing State at the rate of exchange obtaining at the time when
the confiscation order was issued.

5.
Each Member State may state in a declaration deposited
with the General Secretariat of the Council that its competent
authorities will not recognise and execute confiscation orders
under circumstances where confiscation of the property was
ordered under the extended powers of confiscation referred to in
Article 2(d)(iv). Any such declaration may be withdrawn at any
time.

— unlawful seizure of aircraft/ships,

— sabotage.

Article 8

Reasons for non-recognition or non-execution

2.
The Council may decide to add other categories of offences
to the list contained in paragraph 1 at any time, acting unani-
mously after consultation of the European Parliament under the
conditions laid down in Article 39(1) of the TEU. The Council
shall consider, in the light of the report submitted by the Com-
mission pursuant to Article 22, whether the list should be
extended or amended.

3.
For offences other than those covered by paragraph 1, the
executing State may make the recognition and execution of a
confiscation order subject to the condition that the acts giving
rise to the confiscation order constitute an offence which per-
mits confiscation under the law of the executing State, whatever
its constituent elements or however it is described under the law
of the issuing State.

Article 7

Recognition and execution

1.
The competent authorities in the executing State shall with-
out further formality recognise a confiscation order which has
been transmitted in accordance with Articles 4 and 5, and shall
forthwith take all the necessary measures for its execution, unless
the competent authorities decide to invoke one of the grounds
for non-recognition or non-execution provided for in Article 8,

1.
The competent authority of the executing State may refuse
to recognise and execute the confiscation order if the certificate
provided for in Article 4 is not produced, is incomplete, or mani-
festly does not correspond to the order.

2.
The competent judicial authority of the executing State, as
defined in the law of that State, may also refuse to recognise and
execute the confiscation order if it is established that:

(a)

execution of the confiscation order would be contrary to the
principle of ne bis in idem;

(b)

in one of the cases referred to in Article 6(3), the confisca-
tion order relates to acts which do not constitute an offence
which permits confiscation under the law of the executing
State; however, in relation to taxes, duties, customs duties
and exchange activities, execution of a confiscation order
may not be refused on the ground that the law of the execut-
ing State does not impose the same kind of tax or duty or
does not contain the same types of rules concerning taxes,
duties, customs duties and exchange activities as the law of
the issuing State;

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(c)

there is immunity or privilege under the law of the execut-
ing State which would prevent the execution of a domestic
confiscation order on the property concerned;

— the confiscation order falls outside the scope of the option
adopted by the executing State under Article 3(2) of Frame-
work Decision 2005/212/JHA,

(d)

the rights of any interested party, including bona fide third
parties, under the law of the executing State make it impos-
sible to execute the confiscation order, including where this
is a consequence of the application of legal remedies in
accordance with Article 9;

(e) according to the certificate provided for in Article 4(2), the
person concerned did not appear personally and was not
represented by a legal counsellor in the proceedings result-
ing in the confiscation order, unless the certificate states that
the person was informed personally, or via his representa-
tive competent according to national law, of the proceed-
ings in accordance with the law of the issuing State, or that
the person has indicated that he or she does not contest the
confiscation order;

(f)

the confiscation order is based on criminal proceedings in
respect of criminal offences which:

— under the law of the executing State, are regarded as
having been committed wholly or partly within its ter-
ritory, or in a place equivalent to its territory,

it shall execute the confiscation order at least to the extent pro-
vided for in similar domestic cases under national law.

The competent authorities of the executing State shall give
4.
specific consideration to consulting, by any appropriate means,
the competent authorities of the issuing State before deciding not
to recognise and execute a confiscation order pursuant to para-
graph 2, or to limit the execution thereof pursuant to para-
graph 3. Consultation is obligatory where the decision is likely
to be based on:

— paragraph 1,

— paragraph 2(a), (e), (f) or (g),

— paragraph 2(d) and information is not being provided under

Article 9(3),

or

— paragraph 3.

or

— were committed outside the territory of the issuing
State, and the law of the executing State does not per-
mit legal proceedings to be taken in respect of such
offences where they are committed outside that State’s
territory;

5. Where it is impossible to execute the confiscation order for
the reason that the property to be confiscated has already been
confiscated, has disappeared, has been destroyed, cannot be
found in the location indicated in the certificate or the location
of the property has not been indicated in a sufficiently precise
manner, even after consultation with the issuing State, the com-
petent authority of the issuing State shall be notified forthwith.

the confiscation order, in the view of that authority, was
issued in circumstances where confiscation of the property
was ordered under the extended powers of confiscation
referred to in Article 2(d)(iv);

Article 9

Legal remedies in the executing State against recognition
and execution

the execution of a confiscation order is barred by statutory
time limitations in the executing State, provided that the acts
fall within the jurisdiction of that State under its own crimi-
nal law.

If it appears to the competent authority of the executing

3.
State that:

— the confiscation order was issued in circumstances where
confiscation of the property was ordered under the extended
powers of confiscation referred to in Article 2(d)(iii),

and

1.
Each Member State shall put in place the necessary arrange-
ments to ensure that any interested party, including bona fide
third parties, has legal remedies against the recognition and
execution of a confiscation order pursuant to Article 7, in order
to preserve his or her rights. The action shall be brought before
a court in the executing State in accordance with the law of that
State. The action may have suspensive effect under the law of
the executing State.

The substantial reasons for issuing the confiscation order

2.
cannot be challenged before a court in the executing State.

3.
If action is brought before a court in the executing State,
the competent authority of the issuing State shall be informed
thereof.

(g)

(h)

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Article 10

Postponement of execution

legal person, and the person concerned does not have suffi-
cient means in the executing State to enable all the orders
to be executed,

1.
The competent authority of the executing State may post-
pone the execution of a confiscation order transmitted in accor-
dance with Articles 4 and 5:

or

(a)

if, in the case of a confiscation order concerning an amount
of money, it considers that there is a risk that the total value
derived from its execution may exceed the amount specified
in the confiscation order because of simultaneous execution
of the confiscation order in more than one Member State;

(b)

in the cases of legal remedies referred to in Article 9;

(c) where the execution of the confiscation order might dam-
age an ongoing criminal investigation or proceedings, until
such time as it deems reasonable;

(d) where it is considered necessary to have the confiscation
order or parts thereof translated at the expense of the execut-
ing State, for the time necessary to obtain its translation,

or

(e) where the property is already the subject of confiscation pro-

ceedings in the executing State.

2.
The competent authority of the executing State shall, for
the duration of postponement, take all the measures it would
take in a similar domestic case to prevent the property from no
longer being available for the purpose of execution of the con-
fiscation order.

In the case of postponement pursuant to paragraph 1(a),
3.
the competent authority of the executing State shall inform the
competent authority of the issuing State thereof immediately by
any means capable of producing a written record, and the com-
petent authority of the issuing State shall comply with the obli-
gations referred to in Article 14(3).

4.
In the cases referred to in paragraph 1(b), (c), (d) and (e), a
report on the postponement, including the grounds for the post-
ponement and, if possible, the expected duration of the post-
ponement, shall be made forthwith by the competent authority
of the executing State to the competent authority of the issuing
State by any means capable of producing a written record.

As soon as the ground for postponement has ceased to exist, the
competent authority of the executing State shall forthwith take
the necessary measures for the execution of the confiscation
order and inform the competent authority of the issuing State
thereof by any means capable of producing a written record.

Article 11

Multiple confiscation orders

If the competent authorities of the executing State are processing:

— two or more confiscation orders concerning the same spe-

cific item of property,

the decision on which of the confiscation orders is or are to be
executed shall be taken by the competent authority of the execut-
ing State according to the law of the executing State, with due
consideration of all the circumstances, which may include the
involvement of frozen assets, the relative seriousness and the
place of the offence, the dates of the respective orders and the
dates of transmission of the respective orders.

Article 12

Law governing execution

1. Without prejudice to paragraph 3, the execution of the con-
fiscation order shall be governed by the law of the executing State
and its authorities alone shall be competent to decide on the pro-
cedures for execution and to determine all the measures relating
thereto.

2.
In the case where the person concerned is able to furnish
proof of confiscation, totally or in part, in any State, the compe-
tent authority of the executing State shall consult the competent
authority of the issuing State by any appropriate means. Any
part of the amount, in the case of confiscation of proceeds, that
is recovered pursuant to the confiscation order in any State other
than the executing State shall be deducted in full from the
amount to be confiscated in the executing State.

3.
A confiscation order issued against a legal person shall be
executed even if the executing State does not recognise the prin-
ciple of criminal liability of legal persons.

4.
The executing State may not impose measures as an alter-
native to the confiscation order, including custodial sanctions or
any other measure limiting a person’s freedom, as a result of a
transmission pursuant to Articles 4 and 5, unless the issuing State
has given its consent.

Article 13

Amnesty, pardon, review of confiscation order

Amnesty and pardon may be granted by the issuing State

1.
and also by the executing State.

— two or more confiscation orders concerning an amount of
money, which have been issued against the same natural or

Only the issuing State may determine any application for

2.
review of the confiscation order.

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Article 14

Consequences of transmission of confiscation orders

(b)

in all other cases, 50 % of the amount which has been
obtained from the execution of the confiscation order shall
be transferred by the executing State to the issuing State.

1.
The transmission of a confiscation order to one or more
executing States in accordance with Articles 4 and 5 does not
restrict the right of the issuing State to execute the confiscation
order itself.

In the case of transmission of a confiscation order concern-
2.
ing an amount of money to one or more executing States, the
total value derived from its execution may not exceed the maxi-
mum amount specified in the confiscation order.

2.
Property other than money, which has been obtained from
the execution of the confiscation order, shall be disposed of in
one of the following ways, to be decided by the executing State:

(a)

the property may be sold. In that case, the proceeds of the
sale shall be disposed of in accordance with paragraph 1;

3.
The competent authority of the issuing State shall immedi-
ately inform the competent authority of any executing State con-
cerned by any means capable of producing a written record:

(b)

the property may be transferred to the issuing State. If the
confiscation order covers an amount of money, the prop-
erty may only be transferred to the issuing State when that
State has given its consent;

(a)

(b)

(c)

if it considers that there is a risk that execution beyond the
maximum amount may occur, for example on the basis of
information notified to it by an executing State pursuant to
Article 10(3).
application of
Article 10(1)(a), the competent authority of the issuing State
shall as soon as possible inform the competent authority of
the executing State whether the risk referred to has ceased
to exist;

event of

In the

the

if all or a part of the confiscation order has been executed
in the issuing State or in another executing State. The
amount for which the confiscation order has not yet been
executed shall be specified;

if, after transmission of a confiscation order in accordance
with Articles 4 and 5, an authority of the issuing State
receives any sum of money which the person concerned has
confiscation
respect
paid
order. Article 12(2) shall apply.

voluntarily

the

of

in

Article 15

Termination of execution

The competent authority of the issuing State shall forthwith
inform the competent authority of the executing State by any
means capable of reducing a written record of any decision or
measure as a result of which the order ceases to be enforceable
or shall be withdrawn from the executing State for any other rea-
son. The executing State shall terminate execution of the order
as soon as it is informed by the competent authority of the issu-
ing State of that decision or measure.

Article 16

Disposal of confiscated property

1. Money which has been obtained from the execution of the
confiscation order shall be disposed of by the executing State as
follows:

(c) when it is not possible to apply (a) or (b), the property may
be disposed of in another way in accordance with the law
of the executing State.

3.
Notwithstanding paragraph 2, the executing State shall not
be required to sell or return specific items covered by the confis-
cation order which constitute cultural objects forming part of the
national heritage of that State.

Paragraphs 1, 2 and 3 apply unless otherwise agreed

4.
between the issuing State and the executing State.

Article 17

Information on the result of the execution

The competent authority of the executing State shall without
delay inform the competent authority of the issuing State by any
means capable of producing a written record:

(a) of the transmission of the confiscation order to the compe-

tent authority, according to Article 4(5);

(b) of any decision not to recognise the confiscation order,

together with the reasons for the decision;

(c) of the total or partial non-execution of the order for the rea-
sons referred to in Article 11, Article 12(1) and (2) or
Article 13(1);

(d) as soon as the execution of the order has been completed;

(a)

if the amount obtained from the execution of the confisca-
tion order is below EUR 10 000, or the equivalent to that
amount, the amount shall accrue to the executing State;

(e) of the application of alternative measures, according to

Article 12(4).

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Article 18

Reimbursement

further simplify or facilitate the procedures for the execution of
confiscation orders.

1. Without prejudice to Article 9(2), where the executing State
under its law is responsible for injury caused to one of the inter-
ested parties mentioned in Article 9 by the execution of a con-
fiscation order transmitted to it pursuant to Articles 4 and 5, the
issuing State shall reimburse to the executing State any sums paid
in damages by virtue of that responsibility to the said party except
if, and to the extent that, the injury or any part of it is exclu-
sively due to the conduct of the executing State.

2.
Paragraph 1 is without prejudice to the law of the Member
States on claims by natural or legal persons for compensation of
damage.

Article 19

Languages

The certificate shall be translated into the official language

1.
or one of the official languages of the executing State.

2.
Any Member State may, when this Framework Decision is
adopted or at a later date, state in a declaration deposited with
the General Secretariat of the Council that it will accept a trans-
lation in one or more other official languages of the Institutions
of the European Communities.

Article 20

Costs

Article 22

Implementation

1. Member States shall take the necessary measures to com-
ply with this Framework Decision by 24 November 2008.

2. Member States shall communicate to the General Secre-
tariat of the Council and to the Commission the text of the pro-
visions transposing into their national
law the obligations
resulting from this Framework Decision. On the basis of a report
established on the basis of this information by the Commission,
the Council shall, by 24 November 2009, assess the extent to
which Member States have taken the necessary measures to com-
ply with this Framework Decision.

3.
The General Secretariat of the Council shall notify the Mem-
ber States and the Commission of the declarations made pursu-
ant to Articles 7(5) and 19(2).

A Member State which has experienced repeated difficul-
4.
ties or lack of activity by another Member State in the mutual
recognition and execution of confiscation orders, which have not
been resolved through bilateral consultations, may inform the
Council with a view to evaluating the implementation of this
Framework Decision at Member State level.

5.
The Member States, acting as executing States, shall inform
the Council and the Commission, at the beginning of the calen-
dar year, of the number of cases in which Article 17(b) has been
applied and a summary of reasons for this.

1. Without prejudice to Article 16, Member States may not
claim from each other the refund of costs resulting from appli-
cation of this Framework Decision.

By 24 November 2013, the Commission shall establish a report
on the basis of the information received, accompanied by any
initiatives it may deem appropriate.

2. Where the executing State has had costs which it considers
large or exceptional, it may propose to the issuing State that the
costs be shared. The issuing State shall take into account any
such proposal on the basis of detailed specifications given by the
executing State.

Article 23

Entry into force

This Framework Decision shall enter into force on the day of its
publication in the Official Journal of the European Union.

Article 21

Relationship with other agreements and arrangements

Done at Luxembourg, 6 October 2006.

This Framework Decision shall not affect the application of bilat-
eral or multilateral agreements or arrangements between Mem-
ber States in so far as such agreements or arrangements help to

For the Council
The President
K. RAJAMÄKI

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ANNEX

CERTIFICATE

referred to in Article 4 of Council Framework Decision 2006/783/JHA on the application of the principle of
mutual recognition to confiscation orders

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