Revision of Directive 2014/42/EU on the freezing and confiscation of the proceeds of crime and proposal for a new directive on asset recovery offices

Briefing 30-05-2022

Confiscation of instrumentalities and proceeds of crime is a key tool for depriving criminals of ill-gotten gains that could be reinvested in further criminal activities. Directive 2014/42/EU on the freezing and confiscation of instrumentalities and proceeds of crime was adopted in 2014 to harmonise the rules by introducing minimum standards. In 2019, following a joint statement by the Parliament and Council, a dedicated staff working document on non-conviction based confiscation measures in the EU was prepared by the Commission, followed in June 2020 by a report, Asset recovery and confiscation: ensuring crime does not pay, assessing the opportunity to introduce new rules. In its 2021 work programme, the Commission announced its intention to revise the 2014 Directive, as well as Council Decision 2007/845/JHA on asset recovery offices, both being closely interlinked. This implementation appraisal looks at the practical implementation of the directive in light of the expected Commission proposal for its revision. The Commission work programme had planned the proposal for the fourth quarter of 2021; it was postponed to the second quarter of 2022.