Commission Decision (EU) 2026/452 of 27 February 2026 setting up the cooperation network on asset recovery and confiscation (notified under document C(2026) 1239)

• CELEX: Decision (EU) 2026/452
• Articles: 14

Article 1 Subject Matter

The cooperation network on asset recovery and confiscation (‘the group’), is set up.

Article 2 Tasks

The group’s tasks shall be:

(a)

to provide advice and enable the exchange of best practices in relation to the implementation of Directive (EU) 2024/1260.

(b)

facilitate cooperation among asset recovery offices and asset management offices in the Member States and with Europol.

Article 3 Consultation

The Commission may consult the group on matters relating to the implementation of Directive (EU) 2024/1260.

Article 4 Membership

1.   Members of the group shall be Member States’ authorities fulfilling the tasks of asset recovery offices and asset management offices as set out in articles 5 and 22 of Directive (EU) 2024/1260 and Europol.

2.   Members shall nominate their representatives and shall be responsible for ensuring that their representatives provide a high level of expertise.

Article 5 Chair

The group shall be chaired by a representative of the Commission and where appropriate, based on the agenda, by a representative of Europol.

Article 6 Operation

1.   The group shall act at the request of the Commission, in compliance with the Commission Decision C(2016) 3301  ( 2 ) establishing horizontal rules on the creation and operation of Commission expert groups.

2.   Meetings of the group shall, in principle, be held on Commission premises. When necessary, video conference or hybrid video/physical meetings may be organised. Based on the agenda, the meetings of the group may also be held on the premises of Europol.

3.   The Commission shall provide secretarial services. Commission officials from other Commission Services with an interest in the proceedings may attend meetings of the group and its sub-groups.

4.   In agreement with the Commission, the group may, by simple majority of its members, decide that deliberations shall be public.

5.   Minutes on the discussion on each point on the agenda and on the opinions delivered by the group shall be meaningful and complete. Minutes shall be drafted by the secretariat under the responsibility of the Chair.

6.   The group shall endeavour to adopt its opinions, recommendations, and reports by consensus. In the event of a vote, the outcome of the vote shall be decided by simple majority of the members. Members who have voted against or abstained shall have the right to have a document summarising the reasons for their position annexed to the adopted opinions, recommendations or reports.

7.   In its activity, the group shall process personal data in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council  ( 3 ) .

Article 7 Sub-groups

The Commission may set up sub-groups for the purpose of examining specific questions on the basis of terms of reference it will define. Members of the sub-groups shall be Member States’ authorities with expertise in the question at stake. Sub-groups shall operate in compliance with the horizontal rules and shall report to the group. They shall be dissolved as soon as their mandate is fulfilled.

Article 8 Invited experts

The Commission may invite experts with specific expertise with respect to a subject matter on the agenda to take part in the work of the group or sub-groups on an ad hoc basis, including from Eurojust, the European Public Prosecutor’s Office (the EPPO) and, where appropriate, the Anti-Money Laundering Authority.

Article 9 Observers

1.   Individuals, organisations and public entities other than Member States’ authorities may be granted an observer status, in compliance with the horizontal rules, by direct invitation.

2.   Organisations and public entities appointed as observers shall nominate their representatives.

3.   Observers and observers’ representatives may be permitted by the Chair to take part in the discussions of the group and provide expertise. However, they shall not have voting rights and shall not participate in the formulation of opinions, recommendations and reports of the group or sub-groups.

Article 10 Rules of procedure

On a proposal by and in agreement with the Commission the group shall adopt its rules of procedure by simple majority of its members, on the basis of the standard rules of procedure for expert groups, in compliance with the horizontal rules. Sub-groups shall operate in compliance with the group’s rules of procedure.

Article 11 Professional secrecy and handling of classified information

The members of the group and their representatives, as well as invited experts and observers, are subject to the obligation of professional secrecy which by virtue of the Treaties and the rules implementing them applies to all members of the institutions and their staff, as well as to the Commission’s rules on security regarding the protection of Union classified information, laid down in Commission Decisions (EU, Euratom) 2015/443  ( 4 ) and (EU, Euratom) 2015/444  ( 5 ) . Should they fail to respect these obligations, the Commission may take all appropriate measures.

Article 12 Transparency

1.   The group and its sub-groups shall be registered in the Register of Commission expert groups and other similar entities (‘the Register of expert groups’).

2.   As concerns the group and sub-groups composition, the following data shall be published on the Register of expert groups:

—

the name of Members;

—

the names of observers.

3.   All relevant documents, including the agendas, the minutes and the participants’ submissions, shall be made available either on the Register of expert groups or via a link from the Register to a dedicated website, where this information can be found. Access to dedicated websites shall not be submitted to user registration or any other restriction. In particular, the agenda and other relevant background documents shall be published in due time ahead of the meeting, followed by timely publication of minutes. Exceptions to publication shall only be possible where it is deemed that disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council  ( 6 ) .

Article 13 Meeting expenses

1.   Participants in the activities of the group and its sub-groups shall not be remunerated for the services they offer.

2.   Travel and subsistence expenses incurred by participants in the activities of the group and its sub-groups shall be reimbursed by the Commission. Reimbursement shall be made in accordance with the provisions in force within the Commission and within the limits of the available appropriations allocated to the Commission departments under the annual procedure for the allocation of resources.

Article 14 Recipients

This Decision is addressed to the Member States.