Impossibility to execute a confiscation order
Article 22
1. Where the executing authority considers that it is impossible to execute a confiscation order, it shall notify the issuing authority thereof without delay. 2. Before notifying the issuing authority in accordance with paragraph 1, the executing authority, where appropriate, shall consult with the issuing authority, taking into account also the possibilities provided for under Article 18(2) or (3). 3. The non-execution of a confiscation order under this Article may only be justified where the property: (a) has already been confiscated; (b) has disappeared; (c) has been destroyed; (d) cannot be found in the location indicated on the confiscation certificate; or (e) cannot be found because its location has not been indicated in a sufficiently precise manner, despite the consultations referred to in paragraph 2. 4. As regards the situations under points (b), (d) and (e) of paragraph 3, where the executing authority subsequently obtains information that allows it to locate the property, the executing authority may execute the confiscation order without a new confiscation certificate having to be transmitted, provided that, prior to executing the confiscation order, the executing authority has verified with the issuing authority that the confiscation order is still valid. 5. Notwithstanding paragraph 3, where the issuing authority has indicated that property of equivalent value could be confiscated, the executing authority shall not be required to execute the confiscation order where one of the circumstances set out in paragraph 3 exists and there is no property of equivalent value that can be confiscated.