Summary: January 21, 2002: Speech delivered by the EU Presidency at the first session of the Ad Hoc Committee for the Negotiation of a UN Convention against corruption (Vienna)
President,
1. Firstly allow me to congratulate you most sincerely on your election and wish you every success during the Chairmanship of these negotiations in Vienna.
2. It is an honor for me to be able to speak on behalf of the EU, as from 1 January this year my country, Spain, has held the Presidency of the EU. The following associated countries endorse this statement: Bulgaria, Cyprus, Czech Republic, Estonia, Hungary, Lithuania, Malta, Poland, Slovakia, Slovenia, and Turkey.
3. I would like to thank you for giving me the opportunity to take the floor and explain the EU position at the negotiations on this Convention against corruption, which are officially starting today in Vienna.
4. At the preparatory meeting for today, held in Buenos Aires from 4 to 7 December 2001, several delegations from EU Member States made valuable contributions for the future of the Convention. These contributions reflect the interest of Member States of the EU in fighting corruption.
5. The delegations from various EU countries, and from other States, made efforts at that meeting to bring forward proposals to bring similar or equivalent positions closer together and worked constructively to produce the consolidated text we have before us. We recognize the role of the Secretariat for this purpose both in Buenos Aires and afterwards.
6. On the basis of the international legal instruments and other documents against corruption that already exist both within the EU and in other international bodies such as the UN, the OECD, the Council of Europe, as well as on the final declaration of the second Global Forum, the EU has drawn up a Common Position for the negotiations on this UN Convention against corruption.
7. We hope this will contribute towards an effective global Convention against Corruption.
8. Mr. Chairman, the European Union is convinced that, as far as the substance of the Convention is concerned, it should comprise both preventive and law enforcement measures, striking a balance between these two types of provisions. The European Union advocates setting a high global standard, at a level comparable to that established by other relevant international anti-corruption instruments.
9. With regard to criminalization, account should be taken of the existing international legal instruments I referred to previously. The criminal offences and penalties shall not call into question the fundamental principles underlying Member States' legal systems. In this context, the European Union recalls its reservations on illicit enrichment.
10. The EU position as regards law enforcement measures is that the future UN Convention should cover both active and passive corruption in the public sector. The Convention should apply to corruption both of national officials and of foreign officials and include corruption of international officials. Active and passive corruption in the private sector, trading in influences and accounting offences should also form part of the negotiations, so that they may, as far as possible, be included in
the Convention.
11. The Convention should cover the criminalization of laundering the proceeds of corruption and contain provisions on the seizure and confiscation of such proceeds and on international cooperation. The important issue of repatriation of illegally acquired assets, raised in UN General Assembly Resolution 55/188 and in the ECOSOC Resolution 2001/13 on the subject should, in the first instance, be addressed in relation to the advantages obtained by corruption, with reference to the mechanisms for
mutual assistance in criminal matters. The European Union will address this issue constructively.
12. The EU also agrees that the UN Convention against Transnational Organized Crime should be used as the basis for the drafting of several key elements of the future Convention, especially with regard to laundering, seizure and confiscation of the proceeds of corruption, for the provisions on sanctions, the protection of witnesses, assistance and protection for victims, the liability of legal persons and jurisdiction, as well as the provisions designed to improve international cooperation in
criminal matters. In so doing, the European Union stresses nonetheless that the future Convention would remain an independent instrument.
13. The EU considers that special attention should be paid to preventive measures, which should reflect the key principles of good governance, integrity, transparency and accountability; these measures should include operational preventive measures that are binding.
14. The EU will engage in open dialogue with other countries and will pay particular attention to the needs and to the situation of countries with developing economies or economies in transition. Provision should be made for technical-assistance mechanisms of the type laid down in the United Nations Convention against Transnational Organized Crime.
15. The EU supports the introduction of a monitoring mechanism to ensure full and rapid implementation of the Convention and an equivalent level of commitment by all Parties to the Convention. That mechanism should be effective and offer a degree of flexibility.
16. Mr. Chairman: We expect that there might be, as in the negotiations of the UN Convention against Transnational Organized Crime, issues which will be negotiated by the European Commission on behalf of the European Community.
17. This brief presentation sums up the most important aspects of the position that the EU Member States wish to uphold in the negotiations starting today to draw up a United Nations Convention against Corruption. The EU reiterates its commitment to contribute to the progress of these negotiations.
18. Mr. Chairman: I wish you every success in the difficult, but challenging, task of chairing these meetings and assure you that the EU will participate with enthusiasm and with their wholehearted commitment. They will spare no effort to make the negotiations starting today in Vienna a success.
19. I thank you, Mr. Chairman, and the distinguished delegations, for your attention.
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