Recital 9

(9) Due to the poly-criminal nature of, and the systemic and profit-oriented cooperation among, criminal organisations involved in a wide range of illicit activities in different markets, an effective fight against organised crime requires that freezing and confiscation measures are available to cover the profits from all criminal offences in which organised criminal groups are active. Such offences include the areas of crime listed in Article 83(1) of the Treaty of the Functioning of the European Union (TFEU). In addition to the crimes listed in Article 83(1) TFEU, the scope of this Directive should also cover all crimes that are harmonised at Union level, including fraud against the financial interests of the Union in light of the increasing involvement of organised criminal groups in such crimes. The scope of this Directive should further include environmental crimes, which are a core business for organised criminal groups and often are connected to money laundering or concern waste and residues produced in the context of drug production and trafficking. The facilitation of unauthorised entry and residence constitutes a core business for organised criminal groups and is typically connected to the trafficking in human beings. The criminal offence of facilitating unauthorised entry and residence should be understood within the meaning of Council Directive 2002/90/EC (6) and Council Framework Decision 2002/946/JHA (7). Framework Decision 2002/946/JHA provides for the possibility to accompany criminal penalties with the confiscation of the means of transport used to commit the offence, while clearly setting out that its provisions apply without prejudice to the protection afforded to refugees and asylum seekers in order to provide humanitarian assistance in accordance with international law.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.