COUNCIL ACT of 19 June 1997 drawing up the Second Protocol of the Convention on the protection of the European Communities' financial interests (97/C 221/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article K.3 (2) (c) thereof,

Whereas, for the purposes of achieving the objectives of the Union, the Member States regard the combating of crime damaging the European Communities' financial interests as a matter of common interest coming under the cooperation provided for in Title VI of the Treaty;

Whereas by its Act of 26 July 1995 (1) the Council drew up, as a first agreement, the Convention on the protection of the Communities' financial interests which is intended more specifically to combat fraud that damages those interests;

Whereas by its Act of 27 September 1996 (2) the Council drew up, as a second stage, a protocol to the Convention directed in particular at acts of corruption that involve national and Community officials and damage or are likely to damage the European Communities' financial interests;

Whereas the Convention needs to be further supplemented by a second protocol directed in particular at the liability of legal persons, confiscation, money laundering and the cooperation between the Member States and the Commission for the purpose of protecting the European Communities' financial interests and protecting personal data related thereto;

DECIDES that the Second Protocol, the text of which is set out in the Annex hereto and which is signed today by the Representatives of the Governments of the Member States of the Union, is hereby drawn up;

RECOMMENDS that it be adopted by the Member States in accordance with their respective constitutional requirements.

Done at Luxembourg, 19 June 1997.

For the Council

The President

M. DE BOER

(1) OJ No C 316, 27. 11. 1995, p. 48.

(2) OJ No C 313, 23. 10. 1996, p. 1.