Addressees

This Directive is addressed to the Member States in accordance with the Treaties.

Done at Strasbourg, 24 April 2024.

For the European Parliament

The President

R. METSOLA

For the Council

The President

M. MICHEL

( 1 ) OJ C 100, 16.3.2023, p. 105 .

( 2 ) Position of the European Parliament of 13 March 2024 (not yet published in the Official Journal) and decision of the Council of 12 April 2024.

( 3 ) Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union ( OJ L 127, 29.4.2014, p. 39 ).

( 4 ) Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to, crime ( OJ L 332, 18.12.2007, p. 103 ).

( 5 ) Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property ( OJ L 68, 15.3.2005, p. 49 ).

( 6 ) Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorised entry, transit and residence ( OJ L 328, 5.12.2002, p. 17 ).

( 7 ) Council Framework Decision 2002/946/JHA of 28 November 2002 on the strengthening of the penal framework to prevent the facilitation of unauthorised entry, transit and residence ( OJ L 328, 5.12.2002, p. 1 ).

( 8 ) Council Framework Decision 2008/841/JHA of 24 October 2008 on the fight against organised crime ( OJ L 300, 11.11.2008, p. 42 ).

( 9 ) Directive (EU) 2024/1226 of the European Parliament and of the Council of 24 April 2024 on the definition of criminal offences and penalties for the violation of Union restrictive measures and amending Directive (EU) 2018/1673 ( OJ L, 2024/1226, 29.4.2024, ELI: http://data.europa.eu/eli/dir/2024/1226/oj ).

( 10 ) Regulation (EU) 2018/1805 of the European Parliament and of the Council of 14 November 2018 on the mutual recognition of freezing orders and confiscation orders ( OJ L 303, 28.11.2018, p. 1 ).

( 11 ) Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA ( OJ L 186, 11.7.2019, p. 122 ).

( 12 ) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC ( OJ L 141, 5.6.2015, p. 73 ).

( 13 ) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA ( OJ L 119, 4.5.2016, p. 89 ).

( 14 ) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA ( OJ L 135, 24.5.2016, p. 53 ).

( 15 ) Directive 2010/64/EU of the European Parliament and of the Council of 20 October 2010 on the right to interpretation and translation in criminal proceedings ( OJ L 280, 26.10.2010, p. 1 ).

( 16 ) Directive 2012/13/EU of the European Parliament and of the Council of 22 May 2012 on the right to information in criminal proceedings ( OJ L 142, 1.6.2012, p. 1 ).

( 17 ) Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA ( OJ L 315, 14.11.2012, p. 57 ).

( 18 ) Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings and in European arrest warrant proceedings, and on the right to have a third party informed upon deprivation of liberty and to communicate with third persons and with consular authorities while deprived of liberty ( OJ L 294, 6.11.2013, p. 1 ).

( 19 ) Directive 2014/60/EU of the European Parliament and of the Council of 15 May 2014 on the return of cultural objects unlawfully removed from the territory of a Member State and amending Regulation (EU) No 1024/2012 ( OJ L 159, 28.5.2014, p. 1 ).

( 20 ) Directive (EU) 2016/343 of the European Parliament and of the Council of 9 March 2016 on the strengthening of certain aspects of the presumption of innocence and of the right to be present at the trial in criminal proceedings ( OJ L 65, 11.3.2016, p. 1 ).

( 21 ) Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings ( OJ L 132, 21.5.2016, p. 1 ).

( 22 ) Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings ( OJ L 297, 4.11.2016, p. 1 ).

( 23 ) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) ( OJ L 119, 4.5.2016, p. 1 ).

( 24 ) Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) ( OJ L 283, 31.10.2017, p. 1 ).

( 25 ) Joint Action 98/699/JHA of 3 December 1998 adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds from crime ( OJ L 333, 9.12.1998, p. 1 ).

( 26 ) Council Framework Decision 2001/500/JHA of 26 June 2001 on money laundering, the identification, tracing, freezing, seizing and confiscation of instrumentalities and the proceeds of crime ( OJ L 182, 5.7.2001, p. 1 ).

( 27 ) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC ( OJ L 295, 21.11.2018, p. 39 ).

( 28 ) OJ C 425, 8.11.2022, p. 2 .

( 29 ) Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA ( OJ L 88, 31.3.2017, p. 6 ).

( 30 ) Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA ( OJ L 101, 15.4.2011, p. 1 ).

( 31 ) Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA ( OJ L 335, 17.12.2011, p. 1 ).

( 32 ) Council Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum provisions on the constituent elements of criminal acts and penalties in the field of illicit drug trafficking ( OJ L 335, 11.11.2004, p. 8 ).

( 33 ) OJ C 195, 25.6.1997, p. 1 .

( 34 ) Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector ( OJ L 192, 31.7.2003, p. 54 ).

( 35 ) Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law ( OJ L 284, 12.11.2018, p. 22 ).

( 36 ) Directive (EU) 2019/713 of the European Parliament and of the Council of 17 April 2019 on combating fraud and counterfeiting of non-cash means of payment and replacing Council Framework Decision 2001/413/JHA ( OJ L 123, 10.5.2019, p. 18 ).

( 37 ) Directive 2014/62/EU of the European Parliament and of the Council of 15 May 2014 on the protection of the euro and other currencies against counterfeiting by criminal law, and replacing Council Framework Decision 2000/383/JHA ( OJ L 151, 21.5.2014, p. 1 ).

( 38 ) Directive 2013/40/EU of the European Parliament and of the Council of 12 August 2013 on attacks against information systems and replacing Council Framework Decision 2005/222/JHA ( OJ L 218, 14.8.2013, p. 8 ).

( 39 ) OJ L 89, 25.3.2014, p. 10 .

( 40 ) Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law ( OJ L 198, 28.7.2017, p. 29 ).

( 41 ) Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law ( OJ L 328, 6.12.2008, p. 28 ).

( 42 ) Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties, including criminal penalties, for pollution offences ( OJ L 255, 30.9.2005, p. 11 ).

( 43 ) Directive 2014/57/EU of the European Parliament and of the Council of 16 April 2014 on criminal sanctions for market abuse (market abuse directive) ( OJ L 173, 12.6.2014, p. 179 ).

( 44 ) Regulation (EU) 2023/1113 of the European Parliament and of the Council of 31 May 2023 on information accompanying transfers of funds and certain crypto-assets and amending Directive (EU) 2015/849 ( OJ L 150, 9.6.2023, p. 1 ).

ELI: http://data.europa.eu/eli/dir/2024/1260/oj

ISSN 1977-0677 (electronic edition)

DIRECTIVE (EU) 2024/1260 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 24 April 2024 on asset recovery and confiscation