Regulation (EU) 2018/1805

In forceThis text since 1 May 2025law://eu/reg/2018/1805/art_17@2026-11-11

Contents

Article 17Standard confiscation certificate#

1.In order to transmit a confiscation order, the issuing authority shall complete the confiscation certificate set out in Annex II, shall sign it and shall certify its content as being accurate and correct.

2.The issuing authority shall provide the executing authority with a translation of the confiscation certificate in an official language of the executing State or in any other language that the executing State will accept in accordance with paragraph 3.

3.Any Member State may, at any time, state in a declaration submitted to the Commission that it will accept translations of confiscation certificates in one or more official languages of the Union other than the official language or languages of that Member State. The Commission shall make the declarations available to all Member States and to the EJN.

Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.

Key facts

Type: Regulation · (EU) 2018/1805
Adopted: 14 Nov 2018
In force: 18 Dec 2018
Applies from: 19 Dec 2020
Text current to: 1 May 2025
Made by: Council of the European Union, European Parliament
Official: EUR-Lex 32018R1805 · ELI

Topics

confiscation of property criminal proceedings fight against crime judicial cooperation in criminal matters in the EU offence organised crime seizure of goods Area of freedom, security and justice Judicial cooperation in criminal matters

History · 1 version

1 May 2025Reading

Connections

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Interpreted by the courts in 1: Criminal proceedings against D. d.o.o (C-8/24)
Cited by 5: Council Decision (EU) 2026/2355; Council Decision (EU) 2026/2356; Criminal proceedings against D. d.o.o (C-8/24)12 provisions; Commission Implementing Regulation (EU) 2026/1019 provisions; this act2 provisions

Defined terms · 10

Show every defined term

affected person
means the natural or legal person against whom a freezing order or confiscation order is issued, or the natural or legal person that owns the property that is covered by that order, as well as any third parties whose rights in relation to that property are directly prejudiced by that order under the law of the executing State.
confiscation order
means a final penalty or measure, imposed by a court following proceedings in relation to a criminal offence, resulting in the final deprivation of property of a natural or legal person;
executing authority
means an authority that is competent to recognise a freezing order or confiscation order and to ensure its execution in accordance with this Regulation and the procedures applicable under national law for the freezing and confiscation of property;
executing State
means the Member State to which a freezing order or confiscation order is transmitted for the purpose of recognition and execution;
freezing order
means a decision issued or validated by an issuing authority in order to prevent the destruction, transformation, removal, transfer or disposal of property with a view to the confiscation thereof;
instrumentalities
means any property used or intended to be used, in any manner, wholly or partially, to commit a criminal offence;
issuing authority
means:
issuing State
means the Member State in which a freezing order or confiscation order is issued;
proceeds
means any economic advantage derived directly or indirectly from a criminal offence, consisting of any form of property and including any subsequent reinvestment or transformation of direct proceeds and any valuable benefits;
property
means property of any description, whether corporeal or incorporeal, movable or immovable, and legal documents or instruments evidencing title or interest in such property, which the issuing authority considers to be: