Brussels, 19/12/2007 (Agence Europe) - On Tuesday 18 December, the European Commission criticised several member states for incorrect transposition of 2005 legislation on confiscating the proceeds of crime. The European commissioner for legal affairs, Franco Frattini, stated in a press release: “I am disappointed that so many member states have yet to take steps to empower their law enforcement agencies to confiscate property acquired by offenders as a result of criminal activities”. Under the terms of the framework agreement, member states normally have to take action to allow two types of confiscation: - confiscation, in whole or in part, of instruments and proceeds from criminal offences punishable by deprivation of liberty for more than one year, or of property (the value of which corresponds to such proceeds); and confiscation, in whole or in part, of property belonging directly or indirectly to persons convicted of membership of a criminal organisation or of terrorism, where the property in question has been obtained as a result of criminal activities. The Commission is concerned at the slow progress being made by member states with the transposition of the Council framework decision. 11 of the 27 member states have still not adopted (Greece, Italy, Latvia, Luxembourg and Portugal) or communicated (Austria, Cyprus, Spain, Slovakia, Slovenia and the United Kingdom) the text of the provisions transposing the legislation into national law. The Commission is therefore calling on member states to swiftly rectify this situation. The legislation is part of the third pillar (intergovernmental) and the Commission only has the power to send its report to the Council, which will use it to assess how member states have satisfied the provisions contained in this instrument. The Commission also intends to adopt a communication on the “proceeds of crime” at the end of 2008, which will draw up a balance sheet of all European measures involved in the confiscation and recovery of the proceeds of crime. The Commission will also use this document to foster cooperation between police and legal services in an effort to deprive criminals from their illegal proceeds. (B.C.)