This Directive establishes minimum rules on the tracing and identification, freezing, confiscation and management of property within the framework of proceedings in criminal matters.

This Directive applies without prejudice to freezing and confiscation measures within the framework of proceedings in civil or administrative matters.

Article 2

Scope

1. This Directive applies to criminal offences covered by:

(a) Framework Decision 2008/841/JHA;

(b) Directive (EU) 2017/541 of the European Parliament and of the Council (29);

(d) Directive 2011/93/EU of the European Parliament and of the Council (31);

(e) Council Framework Decision 2004/757/JHA (32);

(f) the Convention drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union on the fight against corruption involving officials of the European Communities or officials of the Member States of the European Union (33) and Council Framework Decision 2003/568/JHA (34);

(g) Directive (EU) 2018/1673 of the European Parliament and of the Council (35);

(h) Directive (EU) 2019/713 of the European Parliament and of the Council (36);

(i) Directive 2014/62/EU of the European Parliament and of the Council (37);

(j) Directive 2013/40/EU of the European Parliament and of the Council (38);

(k) the Protocol against the illicit manufacturing of and trafficking in firearms, their parts and components and ammunition, supplementing the United Nations Convention against transnational organized crime (39);

(l) Directive (EU) 2017/1371 of the European Parliament and of the Council (40);

(m) Directive 2008/99/EC of the European Parliament and of the Council (41) and Directive 2005/35/EC of the European Parliament and of the Council (42);

(n) Framework Decision 2002/946/JHA, and Council Directive 2002/90/EC;

(o) Directive 2014/57/EU of the European Parliament and of the Council (43);

(p) Directive (EU) 2024/1226.

2. This Directive applies to criminal offences, as referred to in Article 1, point (1), of Framework Decision 2008/841/JHA, committed within the framework of a criminal organisation.

3. This Directive shall apply to any criminal offences set out in other Union legal acts where such acts provide that this Directive applies to those criminal offences.

4. The provisions in Chapter II on the tracing and identification of instrumentalities, proceeds or property shall apply to all criminal offences as defined in national law which are punishable by the deprivation of liberty or a detention order of at least one year.

Article 3

Definitions

For the purposes of this Directive, the following definitions apply:

(1) ‘proceeds’ means any economic advantage derived directly or indirectly from a criminal offence consisting of any form of property, and including any subsequent reinvestment or transformation of direct proceeds and any valuable benefits;

(2) ‘property’ means property of any description, whether corporeal or incorporeal, movable or immovable, including crypto-assets, and legal documents or instruments in any form, evidencing title or interest in such property;

(3) ‘instrumentalities’ means any property used or intended to be used, in any manner, wholly or partially, to commit a criminal offence;

(4) ‘tracing and identification’ means any investigation by competent authorities to determine instrumentalities, proceeds or property that might be derived from criminal activities;

(5) ‘freezing’ means the temporary prohibition of the transfer, destruction, conversion, disposal or movement of property or temporarily assuming custody or control of property;

(6) ‘confiscation’ means a final deprivation of property ordered by a court in relation to a criminal offence;

(7) ‘criminal organisation’ means a criminal organisation as defined in Article 1, point (1), of Framework Decision 2008/841/JHA;

(8) ‘victim’ means a victim as defined in Article 2(1), point (a), of Directive 2012/29/EU, or a legal person, as defined in national law, that has suffered harm or economic loss as a direct result of any of the offences within the scope of this Directive;

(9) ‘beneficial owner’ means a beneficial owner as defined in Article 3, point (6), of Directive (EU) 2015/849;

(10) ‘affected person’ means:

(a) a natural or legal person against whom a freezing or confiscation order is issued;

(b) a natural or legal person that owns property that is the object of a freezing or confiscation order;

(c) a third party whose rights in relation to property that is the object of a freezing order or a confiscation order are directly prejudiced by that order; or

(d) a natural or legal person whose property is subject to an interlocutory sale pursuant to Article 21 of this Directive.

CHAPTER II - Tracing and identification

Article 4

Asset-tracing investigations

1. To facilitate cross-border cooperation, Member States shall take measures to enable the swift tracing and identification of instrumentalities and proceeds, or of property which is, or might become, the object of a freezing or confiscation order in the course of proceedings in criminal matters.

2. Property referred to in paragraph 1 shall also include property which is, or might become, the object of a freezing or confiscation order in accordance with Article 10(2) of Directive (EU) 2024/1226.

3. Where an investigation is initiated in relation to a criminal offence that is liable to give rise to substantial economic benefit, asset-tracing investigations pursuant to paragraph 1 shall be carried out immediately by competent authorities. Member States may limit the scope of such asset-tracing investigations to investigations into offences liable to have been committed within the framework of a criminal organisation.

Article 5

Asset recovery offices

1. Each Member State shall set up at least one asset recovery office to facilitate cross-border cooperation in relation to asset-tracing investigations.

2. Asset recovery offices shall have the following tasks:

(a) to trace and identify instrumentalities, proceeds or property where necessary to support other national competent authorities responsible for asset-tracing investigations pursuant to Article 4 or the European Public Prosecutors Office (the EPPO);

(b) to trace and identify instrumentalities, proceeds or property which are or might become the object of a freezing or confiscation order issued by a competent authority in another Member State;

(c) to cooperate and exchange information with asset recovery offices in other Member States and the EPPO in the tracing and identification of instrumentalities, proceeds or property which are or might become the object of a freezing or confiscation order.

3. In order to perform their tasks pursuant to paragraph 2, point (b), asset recovery offices shall be entitled to request the relevant competent authorities, in accordance with national law, to cooperate with them where necessary for the tracing and identification of instrumentalities, proceeds or property;

4. Asset recovery offices shall be empowered to trace and identify property of persons and entities subject to Union restrictive measures where necessary to facilitate the detection of criminal offences referred to in Article 2(1), point (p), of this Directive, upon a request by national competent authorities based on indications and reasonable grounds for believing that a criminal offence pursuant to Article 3 of Directive (EU) 2024/1226 was committed. Such powers shall be without prejudice to relevant procedural requirements and safeguards established under national procedural law, including rules on the initiation of criminal proceedings or, where necessary, the requirement to obtain a judicial authorisation.

Article 6

Access to information

1. For the purposes of performing the tasks referred to in Article 5, Member States shall ensure that asset recovery offices have access to the information referred to in this Article to the extent that such information is necessary for the tracing and identification of instrumentalities, proceeds or property.

2. Member States shall ensure that asset recovery offices have immediate and direct access to the following information, provided that such information is stored in centralised or interconnected databases or registers held by public authorities:

(a) national real-estate registers or electronic data retrieval systems and land and cadastral registers;

(b) national citizenship and population registers of natural persons;

(d) commercial registers, including business and company registers;

(e) national beneficial-ownership registers in accordance with Directive (EU) 2015/849 and data available through the interconnection of beneficial-ownership registers in accordance with that Directive;

(f) centralised bank-account registers in accordance with Directive (EU) 2019/1153.

3. For the purposes of paragraph 1, Member States shall ensure that asset recovery offices can swiftly obtain, either immediately and directly or upon request, the following information:

(a) fiscal data, including data held by tax and revenue authorities;

(b) national social security data;

(c) relevant information which is held by authorities competent for preventing, detecting, investigating or prosecuting criminal offences;

(d) information on mortgages and loans;

(e) information contained in national currency databases and currency exchange databases;

(f) information on securities;

(g) customs data, including cross-border physical transfers of cash;

(h) information on annual financial statements by companies;

(i) information on wire-transfers and account balances;

(j) information on crypto-asset accounts and crypto-asset transfers as defined in Article 3 of Regulation (EU) 2023/1113 of the European Parliament and of the Council (44);

(k) in accordance with Union law, data stored in the Visa Information System (VIS), Schengen Information System (SIS II), Entry/Exit System (EES), European Travel Information and Authorisation System (ETIAS), and European Criminal Records Information System for Third-Country Nationals (ECRIS-TCN).

4. Where the information referred to in paragraphs 2 and 3 is not stored in centralised or interconnected databases or registers held by public authorities, Member States shall take the necessary measures to ensure that asset recovery offices can swiftly obtain that information from relevant institutions by other means in a streamlined and standardised manner.

5. Member States may decide that access to the information referred to in paragraph 3, points (a), (b) and (c), requires a reasoned request, and that such a request can be denied where the provision of the requested information would:

(a) jeopardise the success of an ongoing investigation;

(b) be clearly disproportionate to the legitimate interests of a natural or legal person with regard to the purposes for which access has been requested; or

(c) comprise information provided by another Member State or third country and it is not possible to obtain consent for its further transmission.

6. Access to information referred to in this Article shall be without prejudice to the procedural safeguards established under national law, including, where necessary, the requirement to obtain a judicial authorisation.

Article 7

Conditions for access to information by asset recovery offices

1. Information referred to in Article 6 shall be accessed on a case-by-case basis, only where necessary and proportionate for the performance of the tasks pursuant to Article 5 and by staff specifically designated and authorised to access such information.

2. Member States shall ensure that staff of the asset recovery offices comply with the rules on confidentiality and professional secrecy as provided for under applicable national law as well as the Union data protection acquis. Member States shall ensure that staff of asset recovery offices have the necessary specialised skills and abilities to perform their roles effectively.

3. Member States shall ensure that appropriate technical and organisational measures are in place to ensure a level of security appropriate to the risk of processing data in order for asset recovery offices to access and search the information referred to in Article 6.

Article 8

Monitoring access and searches by asset recovery offices

Member States shall provide for logs of access and search activities by asset recovery offices under this Directive to be kept in accordance with Article 25 of Directive (EU) 2016/680.

Article 9

Exchange of information

1. Member States shall take the necessary measures to ensure that their asset recovery offices provide, upon request from an asset recovery office in another Member State, any information that those asset recovery offices have access to, and that is necessary for the performance of the tasks pursuant to Article 5, of the asset recovery office requesting that information (the ‘requesting asset recovery office’). It shall only be possible to provide those categories of personal data listed in Section B, point 2, of Annex II to Regulation (EU) 2016/794, with the exception of forensic identification information listed in Section B, point 2(c)(v), of that Annex.

Any personal data to be provided shall be determined on a case-by-case basis, in light of what is necessary for the performance of the tasks pursuant to Article 5, and in accordance with Directive (EU) 2016/680.

2. When making a request pursuant to paragraph 1, the requesting asset recovery office shall specify as precisely as possible the following:

(a) the object of the request;

(b) the reasons for the request, including the relevance of the information requested for the tracing and identification of the relevant property;

(d) the type of criminal offence to which the request relates;

(e) the link between the proceedings and the Member State in which the asset recovery office receiving the request is located;

(f) details on the property targeted or sought, such as bank accounts, real estate, vehicles, vessels, aircraft, companies and other high-value items;

(g) where necessary for the identification of the natural or legal persons presumed to be involved, any identification documents if available, details such as name, nationality, place of residence, national identification numbers or social security numbers, addresses, date and place of birth, date of registration, country of establishment, shareholders, headquarters and subsidiaries, as appropriate;

(h) where applicable, reasons for the urgency of the request.

3. Member States shall take the necessary measures to enable their asset recovery offices to provide information to an asset recovery office in another Member State, without a request to that effect, where those offices are aware of information on instrumentalities, proceeds or property that they consider necessary, for the performance of the tasks pursuant to Article 5, of the asset recovery offices of that other Member State. When providing such information, asset recovery offices shall set out the reasons why the information provided is considered necessary.

4. Unless otherwise indicated by the asset recovery office providing information pursuant to paragraph 1 or 3, the information provided may be presented as evidence before a national court or competent authority of the Member State in which the asset recovery office receiving that information is located, in accordance with procedures under national law, including procedural rules on the admissibility of evidence in proceedings in criminal matters in line with the Charter of Fundamental Rights of the European Union and with obligations of Member States as set out in Article 6 of the Treaty on European Union.

5. Member States shall ensure that asset recovery offices have direct access to the Secure Information Exchange Network Application (SIENA) and use the specific fields designed for the asset recovery offices in SIENA that correspond to the information required under paragraph 2 or, where necessary on an exceptional basis, other secure channels for exchanging information pursuant to this Article.

6. Asset recovery offices may refuse to provide information to a requesting asset recovery office if there are factual reasons to assume that the provision of information would:

(a) harm the fundamental national security interests of the Member State in which the asset recovery office receiving the request is located;

(b) jeopardise an ongoing investigation or criminal intelligence operation, or pose an imminent threat to the life or physical integrity of a person; or

7. Where an asset recovery office refuses, pursuant to paragraph 6, to provide information to a requesting asset recovery office, the Member State where the asset recovery office receiving the request is located shall take the necessary measures to ensure that the reasons for refusal are given and that the requesting asset recovery office is consulted in advance. Refusals shall affect only the part of the requested information to which the reasons set out in paragraph 6 relate and shall not affect the obligation to provide other parts of that information, where applicable, in accordance with this Directive.

Article 10

Time limits for provision of information

1. Member States shall ensure that asset recovery offices respond to requests for information made pursuant to Article 9(1) as soon as possible and in any event within the following time limits:

(a) seven calendar days, for all requests that are not urgent;

(b) eight hours, for urgent requests relating to information referred to in Article 6 that is stored in databases and registers to which those asset recovery offices have direct access;

(c) three calendar days, for urgent requests relating to information to which those asset recovery offices do not have direct access.

2. Where the information requested pursuant to paragraph 1, point (b), is not directly available or the request made pursuant to paragraph 1, point (a), imposes a disproportionate burden on the asset recovery office receiving the request, that asset recovery office may delay the provision of the information. In such a case, the asset recovery office receiving the request shall immediately inform the requesting asset recovery office of that delay and shall provide the requested information as soon as possible and within seven days of the initial deadline established pursuant to paragraph 1, point (a), or within three days of the initial deadline established pursuant to paragraph 1, points (b) and (c).

3. The time limits set out in paragraph 1 shall start to run as soon as the request for information is received.

CHAPTER III - Freezing and confiscation

Article 11

Freezing

1. Member States shall take the necessary measures to enable the freezing of property necessary to ensure a possible confiscation of that property under Articles 12 to 16. The freezing measures shall consist of freezing orders and immediate action.

2. Immediate action shall be taken where necessary in order to preserve the property until a freezing order has been issued. Where immediate action does not take the form of a freezing order, Member States shall limit the temporary validity of that immediate action.

3. Without prejudice to the powers of other competent authorities, Member States shall enable asset recovery offices to take immediate action pursuant to paragraph 2 where there is an imminent risk of the disappearance of the property that those offices have traced and identified in the exercise of their tasks pursuant to Article 5(2), point (b). The validity of such immediate action shall not exceed seven working days.

4. Member States shall ensure that freezing measures are taken only by a competent authority and that the reasons for such measures are set out in the relevant decision or recorded in the case file if the freezing measure is not ordered in writing.

5. The freezing order shall remain in force only for as long as necessary to preserve the property with a view to possible subsequent confiscation. Frozen property which is not subsequently confiscated shall be unfrozen without undue delay. The conditions or procedural rules under which such property is unfrozen shall be determined by national law.

Article 12

Confiscation

1. Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of instrumentalities and proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia.

2. Member States shall take the necessary measures to enable the confiscation of property the value of which corresponds to instrumentalities or proceeds stemming from a criminal offence subject to a final conviction, which may also result from proceedings in absentia. Such confiscation may be subsidiary or alternative to confiscation pursuant to paragraph 1.

Article 13

Confiscation from a third party

1. Member States shall take the necessary measures to enable the confiscation of proceeds, or other property the value of which corresponds to proceeds, which, directly or indirectly, were transferred by a suspected or accused person to third parties, or which were acquired by third parties from a suspected or accused person.

The confiscation of proceeds or other property as referred to in the first subparagraph shall be possible where a national court has established, based on the concrete facts and circumstances of a case, that the relevant third parties knew or ought to have known that the purpose of the transfer or acquisition was to avoid confiscation. Such facts and circumstances include:

(a) the transfer or acquisition was carried out free of charge or in exchange for an amount which is clearly disproportionate to the market value of the property; or

(b) the property was transferred to closely related parties while remaining under the effective control of the suspected or accused person.

2. Paragraph 1 shall not prejudice the rights of bona fide third parties.

Article 14

Extended confiscation

1. Member States shall take the necessary measures to enable the confiscation, either wholly or in part, of property belonging to a person convicted of a criminal offence where the offence committed is liable to give rise, directly or indirectly, to economic benefit, and where a national court is satisfied that the property is derived from criminal conduct.

2. In determining whether the property in question is derived from criminal conduct, account shall be taken of all the circumstances of the case, including the specific facts and available evidence such as that the value of the property is disproportionate to the lawful income of the convicted person.

3. For the purposes of this Article, the notion of ‘criminal offence’ shall include at least the offences listed in Article 2, paragraphs 1 to 3, where such offences are punishable by deprivation of liberty of a maximum of at least four years.

Article 15

Non-conviction-based confiscation

1. Member States shall take the necessary measures to enable, under the conditions set out in paragraph 2 of this Article, the confiscation of instrumentalities, proceeds or property as referred to in Article 12, or proceeds or property transferred to third parties as referred to in Article 13, where criminal proceedings have been initiated but could not be continued because of one or more of the following circumstances:

(a) illness of the suspected or accused person;

(b) absconding of the suspected or accused person;

(d) the limitation period for the relevant criminal offence prescribed by national law is below 15 years and has expired after the initiation of criminal proceedings.

2. Confiscation without a prior conviction under this Article shall be limited to cases where, in the absence of the circumstances set out in paragraph 1, it would have been possible for the relevant criminal proceedings to lead to a criminal conviction for, at least, offences liable to give rise, directly or indirectly, to substantial economic benefit, and where the national court is satisfied that the instrumentalities, proceeds or property to be confiscated are derived from, or directly or indirectly linked to, the criminal offence in question.

Article 16

Confiscation of unexplained wealth linked to criminal conduct

1. Member States shall take the necessary measures to enable, where, in accordance with national law, the confiscation measures of Articles 12 to 15 may not be applied, the confiscation of property identified in the context of an investigation in relation to a criminal offence, provided that a national court is satisfied that the identified property is derived from criminal conduct committed within the framework of a criminal organisation and that conduct is liable to give rise, directly or indirectly, to substantial economic benefit.

2. When determining whether the property referred to in paragraph 1 should be confiscated, account shall be taken of all the circumstances of the case, including the available evidence and specific facts, which may include:

(a) that the value of the property is substantially disproportionate to the lawful income of the affected person;

(b) that there is no plausible licit source of the property;

3. Paragraph 1 shall not prejudice the rights of bona fide third parties.

4. For the purposes of this Article, the notion of ‘criminal offence’ shall include offences referred to in Article 2(1) to (3), where such offences are punishable by deprivation of liberty of a maximum of at least four years.

5. Member States may provide that the confiscation of unexplained wealth in accordance with this Article shall be pursued only where the property to be confiscated has been previously frozen in the context of an investigation in relation to a criminal offence committed within the framework of a criminal organisation.

Article 17

Effective confiscation and execution

1. Member States shall take the necessary measures to enable the tracing and identification of property to be frozen and confiscated even after a final conviction for a criminal offence or following proceedings for confiscation pursuant to Articles 15 and 16.

2. For the purpose of paragraph 1, Member States shall ensure that competent authorities are able to use tracing and identification tools that are as effective as those available for the tracing and freezing of assets under Chapter II of this Directive.

3. Member States may conclude cost-sharing agreements with other Member States on the execution of freezing and confiscation orders.

Article 18

Compensation of victims

1. Member States shall take appropriate measures to ensure that where, as a result of a criminal offence, victims have claims against the person who is subject to a confiscation measure provided for under this Directive, such claims are taken into account within the relevant asset-tracing, freezing and confiscation proceedings.

2. Member States shall enable competent authorities responsible for asset-tracing investigations pursuant to Article 4 to provide, upon request, to the authorities responsible for deciding upon restitution and compensation claims or executing such decisions, any information on assets identified that might be relevant for the purposes of such claims. Member States may also enable competent authorities responsible for asset-tracing investigations pursuant to Article 4 to provide such information without such a request being made.

3. Member States shall ensure that asset recovery offices may trace and identify instrumentalities and proceeds or property which is or might become the object of a decision to compensate or to restitute property to a victim, at least where asset recovery offices act in cross-border cases in accordance with Article 5(2), point (b), and where the decision is issued by a court having competence in criminal matters in another Member State in the course of the criminal proceedings.

4. Where a victim is entitled to the restitution of property that is or might become subject to a confiscation measure provided for under this Directive, Member States shall take the necessary measures to restitute the property concerned to the victim, under the conditions set out in Article 15 of Directive 2012/29/EU.

5. Member States shall take the necessary measures to ensure that the execution of confiscation measures provided for under this Directive does not prejudice victims’ rights to obtain compensation. Member States may decide to limit such measures to situations in which the lawful assets of the offender are not sufficient to cover the total amount of compensation.

Article 19

Further use of the confiscated property

1. Member States are encouraged to take the necessary measures to allow the possibility of using confiscated property, where appropriate, for public interest or social purposes.

2. Without prejudice to applicable international law, Member States may use the instrumentalities, proceeds or property confiscated in relation to the offences referred to in Directive (EU) 2024/1226 to contribute to mechanisms to support third countries affected by situations in response to which Union restrictive measures have been adopted, in particular in cases of war of aggression. The Commission may provide guidance on the arrangements for such contributions.

CHAPTER IV - Management

Article 20

Asset management and planning

1. Member States shall adopt appropriate measures to ensure the efficient management of entities, such as undertakings, that are to be preserved as a going concern.

2. Member States are encouraged to take appropriate measures to prevent property from being acquired, in the course of its disposal further to a confiscation order, by persons convicted in the criminal proceedings in which the property was frozen.

3. Member States shall ensure the efficient management of frozen and confiscated property until its disposal further to a final confiscation order.

4. Member States shall ensure that, where justified by the nature of the property, competent authorities responsible for the management of frozen property assess the specific circumstances of property that might become the object of a confiscation order in order to minimise its estimated management costs and to preserve the value of such property until its disposal. Such an assessment shall be carried out when preparing or, at the latest, without undue delay after executing the freezing order.

5. Member States may require the costs for the management of frozen property to be charged, at least partially, to the beneficial owner.

Article 21

Interlocutory sales

1. Member States shall ensure that property that is the object of a freezing order can be transferred or sold before a final confiscation order in one or more of the following circumstances:

(a) the property subject to freezing is perishable or rapidly depreciating;

(b) the storage or maintenance costs of the property are disproportionate to its market value;

2. Member States shall ensure that the interests of the affected person are taken into account when issuing an order for an interlocutory sale, including whether the property to be sold is easily replaceable. With the exception of cases where the affected person has absconded or cannot be located, Member States shall ensure that the affected person is notified and, except in cases of urgency, given the opportunity to be heard before the sale. The affected person shall be given the possibility to request the sale of the property.

3. Earnings from interlocutory sales shall be secured until a judicial decision on confiscation is reached.

Article 22

Asset management offices

1. Each Member State shall set up or designate at least one competent authority to function as an asset management office for the purpose of the management of frozen and confiscated property until the disposal of that property further to a final confiscation order.

2. Asset management offices shall have the following tasks:

(a) to ensure the efficient management of frozen and confiscated property, either through directly managing frozen and confiscated property or through providing support and expertise to other competent authorities responsible for the management of frozen and confiscated property and planning in accordance with Article 20(4);

(b) to cooperate with other competent authorities responsible for the tracing and identification, freezing and confiscation of property pursuant to this Directive;

(c) to cooperate with other competent authorities responsible for the management of frozen and confiscated property in cross-border cases.

CHAPTER V - Safeguards

Article 23

Obligation to inform affected persons

Member States shall ensure that freezing orders referred to in Article 11, confiscation orders referred to in Articles 12 to 16 and sales orders referred to in Article 21 are communicated to the affected person without undue delay. Such orders shall set out the reasons for the measure as well as the rights and legal remedies available to that affected person pursuant to Article 24. Member States may provide for a right for competent authorities to postpone communication of the freezing orders to the affected person for as long as is necessary to avoid jeopardising a criminal investigation.

Article 24

Legal remedies

1. Member States shall ensure that persons affected by freezing orders pursuant to Article 11 and confiscation orders pursuant to Articles 12 to 16 have the right to an effective remedy and to a fair trial in order to uphold their rights.

2. Member States shall ensure that rights of defence, including the right of access to the file, the right to be heard on issues of law and fact and, where relevant, the right to interpretation and translation, are guaranteed to affected persons that are suspects or accused persons or to persons affected by confiscation pursuant to Article 16.

Member States may provide that other affected persons also have the rights referred to in the first subparagraph. Member States shall provide that such other affected persons have the right of access to the file and the right to be heard on issues of law and fact, as well as any other procedural rights which are necessary to effectively exercise their right to an effective remedy. The right of access to the file may be limited to the documents related to the freezing or confiscation measure provided that the affected persons have access to the documents necessary to exercise their right to an effective remedy.

3. Member States shall provide for the effective possibility for the person whose property is affected to challenge the freezing order pursuant to Article 11 before a court, in accordance with procedures provided for in national law. Where the freezing order has been issued by a competent authority other than a judicial authority, national law may provide that such an order is first to be submitted for validation or review to a judicial authority before it can be challenged before a court.

4. Where the suspected or accused person has absconded, Member States shall take all reasonable steps to ensure an effective possibility to exercise the right to challenge the confiscation order and shall require that the person concerned be summoned to the confiscation proceedings or that reasonable efforts be made to make that person aware of such proceedings.

5. Member States shall provide for the effective possibility for the person whose property is affected to challenge the confiscation order pursuant to Articles 12 to 16, including the relevant circumstances of the case and available evidence on which the findings are based, before a court, in accordance with procedures provided for in national law.

6. Member States shall provide for the effective possibility for an affected person to challenge an order for an interlocutory sale pursuant to Article 21 and shall grant the affected person all procedural rights necessary to exercise the right to an effective remedy. Member States shall provide for the possibility that a court can suspend the execution of such sales order, if otherwise there would be irreparable harm to the affected person.

7. Third parties shall be entitled to claim title of ownership or other property rights, including in the cases referred to in Article 13.

8. Persons affected by the measures provided for in this Directive shall have the right of access to a lawyer throughout the freezing and confiscation proceedings. The persons concerned shall be informed of that right.

CHAPTER VI - Asset Recovery Strategic Framework

Article 25

National strategy on asset recovery

1. Member States shall by 24 May 2027 adopt a national strategy on asset recovery and update it at regular intervals of no longer than five years.

2. The strategy referred to in paragraph 1 shall include:

(a) elements concerning the priorities of national policy in this area, and the objectives and measures to achieve them;

(b) the role and responsibilities of the competent authorities, including arrangements for coordination and cooperation among them;

(d) training;

(e) measures to be taken, where applicable, on the use of confiscated assets for public interest or social purposes;

(f) activities to be undertaken on cooperation with third countries;

(g) arrangements allowing for regular evaluation of results.

3. Member States shall communicate their strategies, and any updates of their strategies, to the Commission within three months from their adoption.

Article 26

Resources

Member States shall ensure that asset recovery offices and asset management offices performing tasks pursuant to this Directive have appropriately qualified staff and appropriate financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. Without prejudice to judicial independence and differences in the organisation of the judiciary across the Union, Member States shall ensure that specialised training and the exchange of best practices is available to staff involved in asset identification, tracing and recovery and confiscation.

Article 27

Efficient management of frozen and confiscated property

1. For the purpose of managing frozen and confiscated property, Member States shall ensure that asset management offices, and where appropriate asset recovery offices, and other competent authorities performing tasks pursuant to this Directive are able to swiftly obtain information on frozen and confiscated property that is to be managed under this Directive. For that purpose, Member States shall establish efficient tools of management of the frozen or confiscated property, such as one central register or other registers of property frozen and confiscated pursuant to this Directive.

2. For the purposes of paragraph 1, Member States shall ensure that it is possible to obtain information regarding the following:

(a) the property that is the object of a freezing or confiscation order and which is to be managed pursuant to Article 20(3) until its disposal further to a final confiscation order, including details that enable the identification of the property;

(b) the estimated or actual value, where appropriate, of the property at the moment of the freezing, confiscation and disposal;

(d) the national file reference of the proceeding related to the property.

3. Where Member States establish a register of frozen and confiscated property pursuant to paragraph 1, they shall ensure that authorities with access to the register are able to search and obtain information on the name of the authority entering the information in the register and on the unique user identifier of the official who entered the information in the register.

4. Where Member States establish a register of frozen and confiscated property pursuant to paragraph 1 of this Article, they shall ensure that the information referred to in paragraph 2 of this Article is retained for as long as is necessary for the purposes of keeping a record and overview of the property frozen, confiscated or under management, and no longer than the date of disposal, or for the purposes of providing annual statistics as referred to in Article 28.

5. Where Member States establish a register of frozen and confiscated property pursuant to paragraph 1, Member States shall ensure that any personal data stored in the register can be accessed and used for the purposes of freezing, confiscation and the management of instrumentalities, proceeds or property which is or might become the object of a confiscation order, in accordance with the applicable data protection rules.

6. Where Member States establish a register of frozen and confiscated property pursuant to paragraph 1, Member States shall ensure that appropriate technical and organisational measures are in place to ensure the security of the data contained in the registers of frozen and confiscated property and shall designate the competent authority or authorities responsible for the management of the registers and for performing the tasks of the controller as defined in the applicable data protection rules.

Article 28

Statistics

Member States shall regularly collect from the relevant authorities and maintain comprehensive statistics in order to review the effectiveness of their confiscation systems. The statistics collected shall be sent to the Commission each year by 31 December of the following year and shall include:

(a) the number of freezing orders executed;

(b) the number of confiscation orders executed;

(d) the estimated value of property recovered at the time of confiscation;

(e) the number of requests for freezing orders to be executed in another Member State;

(f) the number of requests for confiscation orders to be executed in another Member State;

(g) the value or estimated value of the property recovered following execution in another Member State;

(h) the value of confiscated property compared to its value at the time of freezing, where available at central level;

(i) the breakdown of the numbers and values relating to points (b) and (d) per type of confiscation, where available at central level;

(j) the number of interlocutory sales, where available at central level;

(k) the value of the property destined to be reused for social purposes.

CHAPTER VII - Cooperation

Article 29

Cooperation network on asset recovery and confiscation

1. The Commission shall establish a cooperation network on asset recovery and confiscation to facilitate cooperation among asset recovery offices and asset management offices and with Europol in relation to the implementation of this Directive, and to advise the Commission and enable the exchange of best practices in relation to the implementation of this Directive.

2. The Commission may invite representatives from Eurojust, the EPPO and, where appropriate, the Anti-Money Laundering Authority to participate in meetings of the network referred to in paragraph 1.

Article 30

Cooperation with Union bodies and agencies

1. Asset recovery offices of Member States shall, within their respective competences and in accordance with the applicable legal framework, closely cooperate with the EPPO for the purposes of facilitating the identification of instrumentalities, proceeds or property that is or might become the object of a freezing or confiscation order in proceedings in criminal matters, concerning criminal offences falling within the competence of the EPPO.

2. Asset recovery offices and asset management offices shall cooperate with Europol and Eurojust, in accordance with their areas of competence, for the purposes of facilitating the identification of instrumentalities, proceeds or property that is or might become the object of a freezing or confiscation order issued by a competent authority in the course of proceedings in criminal matters, to facilitate the management of frozen and confiscated assets.

Article 31

Cooperation with third countries

1. Member States shall ensure that asset recovery offices cooperate, within the international legal framework, with their counterparts in third countries to the greatest extent possible, and subject to the applicable legal framework on data protection, for the purposes of performing the tasks pursuant to Article 5.

2. Member States shall ensure that asset management offices cooperate, within the international legal framework, with their counterparts in third countries to the greatest extent possible, and subject to the applicable legal framework on data protection, for the purposes of performing the tasks pursuant to Article 22.

CHAPTER VIII - Final provisions

Article 32

Designated competent authorities and contact points

1. Member States shall inform the Commission of the authority or authorities designated to carry out the tasks pursuant to Articles 5 and 22.

2. Member States shall nominate a maximum of two contact points to facilitate cooperation in cross-border cases among asset recovery offices and a maximum of two contact points to facilitate cooperation among asset management offices. It shall not be necessary for such contact points to themselves be charged with the tasks pursuant to Article 5 or 22.

3. By 24 May 2027, Member States shall notify the Commission of the competent authority or authorities and, where relevant, the contact points referred to in paragraphs 1 and 2 respectively.

4. By 24 May 2027, the Commission shall set up an online register listing all competent authorities and the designated contact point for each competent authority. The Commission shall publish and regularly update on its website the list of authorities referred to in paragraph 1.

Article 33

Transposition

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 23 November 2026. They shall immediately inform the Commission thereof.

When Member States adopt those measures, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.

2. Member States shall communicate to the Commission the text of the measures of national law which they adopt in the field covered by this Directive

Article 34

Reporting

1. The Commission shall, by 24 November 2028, submit a report to the European Parliament and to the Council, assessing the implementation of this Directive.

2. The Commission shall, by 24 November 2031, submit a report to the European Parliament and to the Council evaluating this Directive. The Commission shall take into account the information provided by Member States and any other relevant information related to the transposition and implementation of this Directive. On the basis of that evaluation, the Commission shall decide on appropriate follow-up actions, including, if necessary, a legislative proposal.

Article 35

Relation with other instruments

This Directive is without prejudice to Directive (EU) 2019/1153.

Article 36

Replacement of Joint Action 98/699/JHA, Framework Decisions 2001/500/JHA and 2005/212/JHA, Decision 2007/845/JHA and Directive 2014/42/EU

1. Joint Action 98/699/JHA, Framework Decisions 2001/500/JHA and 2005/212/JHA, Decision 2007/845/JHA and Directive 2014/42/EU are replaced with regard to the Member States bound by this Directive, without prejudice to the obligations of those Member States with regard to the date for transposition of those instruments into national law.

2. With regard to the Member States bound by this Directive, references to the instruments referred to in paragraph 1 shall be construed as references to this Directive.

Article 37

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 38

Addressees

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

Initial version

Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation

OJ L, 2024/1260, 2.5.2024

What's Next

EU Directive 2024/1260 - Asset recovery and confiscation - GER

Table of contents

Directive (EU) 2024/1260 of the European Parliament and of the Council of 24 April 2024 on asset recovery and confiscation
Summary
Initial version