The Council of the European Union is being asked to authorise the European Commission to sign, on behalf of the EU, the 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 proposal for a Council decision, published on 14 July 2026, is set to be discussed at a Council meeting on 20 July 2026. The Protocol aims to strengthen asset recovery systems globally and improve judicial cooperation, as serious organised crime generates an estimated EUR 4.1 billion in frozen criminal assets per year in EU Member States (2020-2021), with a recovery rate of only approximately 2%.
The Warsaw Convention was adopted on 16 May 2005; the EU signed it on 2 April 2009 but has not ratified it. As of 18 December 2023, 25 Member States have signed, 23 have ratified. The Protocol was adopted by the Committee of Ministers on 15 May 2026 and will open for signature on 14 October 2026. It will enter into force three months after five signatories, including at least three Council of Europe member States, consent to be bound (Article 38(1)). The EU can sign as a signatory to the Warsaw Convention (Article 37). The Commission will later propose Council Decisions to conclude both the Protocol and the Warsaw Convention.
The substantive legal bases are Articles 82(1) and (2), 83(1) and (2), and 87(2) TFEU; the procedural legal basis is Article 218(5) TFEU. The Protocol is fully compatible with EU law, including Directive (EU) 2024/1260 on asset recovery and confiscation and Regulation (EU) 2018/1805 on mutual recognition of freezing and confiscation orders.
Policy orientations and trade-offs The Protocol updates the Warsaw Convention to improve international asset recovery, freezing, confiscation, and cooperation. It seeks to enhance the effectiveness of asset recovery by expanding the scope of offences, improving mutual legal assistance, and facilitating the identification and tracing of proceeds of crime. The trade-off involves balancing stronger law enforcement powers with safeguards for fundamental rights and data protection, as well as ensuring compatibility with existing EU legal frameworks.
Impact on stakeholders - EU Member States: Will benefit from improved cross-border cooperation and higher recovery rates of criminal assets, but may face implementation costs and need to align national legislation with the Protocol's provisions. - EU law enforcement agencies (Europol, Eurojust): Will gain enhanced tools for asset tracing and confiscation, potentially increasing operational effectiveness. - Financial institutions and businesses: May face additional compliance obligations related to reporting suspicious transactions and asset freezing, increasing administrative burden. - Organised crime groups: Will face a more robust legal framework for asset recovery, reducing their ability to retain proceeds of crime.
Expected institutional follow-up If the Council authorises signature, the Commission will sign the Protocol on 14 October 2026. Subsequently, the Commission will propose Council Decisions for the conclusion of both the Protocol and the Warsaw Convention, requiring approval by the European Parliament and ratification by Member States.