Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption
Date: 2008-10-24
Institutions: Council of the European Union
Subjects: EU Member State, EU law - national law, EU police cooperation, Germany, cooperation policy, corruption, exchange of information, fight against crime, judicial cooperation in criminal matters in the EU

L 301/38

EN

Official Journal of the European Union

12.11.2008

ACTS ADOPTED UNDER TITLE VI OF THE EU TREATY

COUNCIL DECISION 2008/852/JHA

of 24 October 2008

on a contact-point network against corruption

THE COUNCIL OF THE EUROPEAN UNION,

(4)

Having regard to the Treaty on European Union, and in
particular Article
and
Article 34(2)(c) thereof,

30(1), Article

29, Article

31

Having regard to the initiative of
Germany (1),

the Federal Republic of

(5)

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

Whereas:

(1)

(2)

(3)

Article 29 of the Treaty states that the objective of the
Union to provide citizens with a high level of safety
within an area of freedom, security and justice is to be
achieved by preventing and combating crime, organised
or otherwise, including corruption and fraud.

The European Union strategy for the beginning of the
new millennium on the prevention and control of
the need to develop a
organised crime emphasises
comprehensive EU policy against corruption.

In its Resolution of 14 April 2005 concerning a compre­
hensive EU policy against corruption, which refers to the
communication from the Commission to the Council,
the European Parliament and the European Economic
and Social Committee of 28 May 2003 on a Compre­
hensive EU Policy against Corruption,
the Council
reaffirms the importance of the role and work of the
Member States in developing a comprehensive, multi-
faceted policy against corruption in both the public
and private sectors,
relevant
players from civil society and business alike.

in partnership with all

(1) OJ C 173, 26.7.2007, p. 3.
(2) Opinion of 5 June 2008 (not yet published in the Official Journal).

(6)

(7)

The European Council welcomed the development in the
Hague Programme (3) (point 2.7) of a strategic concept
and
with regard to cross-border organised crime
corruption at EU level and asked the Council and the
Commission to develop this concept further and make
it operational.

The heads and key representatives of EU Member States'
national police monitoring and inspection bodies and
those of
their anti-corruption agencies with a wider
remit met in November 2004 in Vienna at the AGIS
conference on the Enhancement of Operational Cooper­
ation in Fighting Corruption in the European Union.
They emphasised the importance of further enhancing
their cooperation,
through annual meetings,
and welcomed the idea of a European anti-corruption
network based upon existing structures. In the wake of
the Vienna conference these European Partners Against
Corruption (EPAC) met in Budapest in November 2006
for their sixth annual meeting, where with an over­
whelming majority,
they confirmed their commitment
to supporting the initiative on setting up a more
formal anti-corruption network.

inter alia,

In order to build upon existing structures, the authorities
and agencies
the European anti-
corruption network could include EPAC member orga­
nisations.

to form part of

international

corruption. The

enhancement of

cooperation is
The
generally (4)
recognised as a key issue in the fight
against
forms of
fight against all
corruption should be improved by cooperating effec­
tively,
identifying opportunities, sharing good practices
and developing high professional standards. The estab­
lishment of an anti-corruption network at EU level
is
an important contribution to the improvement of such
cooperation,

(3) The Hague Programme in strengthening freedom, security and justice

in the European Union (OJ C 53, 3.3.2005, p. 1).

(4) United Nations Convention against Corruption, adopted by General

Assembly Resolution 58/4 of 31 October 2003.

12.11.2008

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Official Journal of the European Union

L 301/39

HAS DECIDED AS FOLLOWS:

To these ends, inter alia, a list of contact points shall be kept up-
to-date and a web site operated.

Article 1

Objective

to improve cooperation between authorities and
In order
to prevent and combat corruption in Europe a
agencies
network of contact points of
the
European Union shall be set up (hereinafter referred to as the
‘network’). The European Commission, Europol and Eurojust
shall be fully associated with the activities of the Network.

the Member States of

Article 2

Composition of the network

The network shall consist of authorities and agencies of the
Member States of the European Union charged with preventing
or combating corruption. The members shall be designated by
the Member States. The Member States shall each designate at
least one, but not more than three organisations. The European
Commission shall designate its representatives. Within their
respective competencies, Europol and Eurojust may participate
in the activities of the Network.

The members of

2.
plishment of their tasks, meet at least once a year.

the network shall,

for

the accom­

Article 4

Scope

Police and judicial cooperation between the Member States shall
be governed by the relevant rules. The setting up of the network
shall be without prejudice to such rules, and without prejudice
to the role of CEPOL.

Article 5

Organisation of the network

The network shall organise itself, building upon existing

1.
informal collaboration between the EPAC.

The Member States and the European Commission shall
2.
bear all expenses of the members or representatives designated
by them. The same rule shall apply to Europol and Eurojust.

Article 3

Tasks of the network

Article 6

Entry into force

1.

The network shall in particular have the following tasks:

This Decision shall take effect on the day following that of its
adoption.

1.

it shall constitute a forum for the exchange throughout the
EU of information on effective measures and experience in
the prevention and combating of corruption;

Done at Luxembourg, 24 October 2008.

2.

it shall facilitate the establishment and active maintenance of
contacts between its members.

For the Council
The President

M. ALLIOT-MARIE