On 13 July 2026, the European Commission published a proposal for a Council Decision authorising the signature of an additional Protocol to the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (Warsaw Convention). The Protocol, adopted by the Council of Europe Committee of Ministers on 15 May 2026 and opening for signature on 14 October 2026, aims to enhance asset recovery globally. It targets the approximately EUR 4.1 billion frozen annually in EU Member States (2020-2021 average) against an estimated 2% recovery rate of organised crime proceeds.
The Protocol introduces provisions on extended and non-conviction-based confiscation, asset management, asset recovery offices, and judicial cooperation, including asset sharing and cross-border freezing and confiscation certificates. The EU, as a signatory to the Warsaw Convention, can sign the Protocol under Article 37. The Commission's proposal notes that the Protocol is compatible with EU law, notably Directive (EU) 2024/1260 on asset recovery and confiscation and Regulation (EU) 2018/1805 on mutual recognition of freezing and confiscation orders.
The proposal addresses opt-out arrangements for Ireland and Denmark, specifying that Directive 2014/42/EU and Framework Decisions remain in force for cooperation with them. The Council is now asked to authorise the Commission to sign the Protocol on behalf of the EU. The Protocol will enter into force on the first day of the month after three months from when five signatories, including at least three Council of Europe member states, consent to be bound.
The initiative builds on recent EU legislative efforts to improve cross-border freezing, confiscation, and asset management, aligning international rules with EU standards. The Commission's proposal now awaits Council approval before signature can proceed.