15 Amendments of Tomas TOBÉ related to 2023/0135(COD)
Amendment 142 #
Proposal for a directive
Recital 4
Recital 4
(4) Corruption is a transnational phenomenon that affects all societies and economies. Measures adopted at national or Union level, should recognise this international dimension. Diverse manifestations of corruption necessitate a coordinated and harmonized approach among Member States to address its root causes and consequences. Union action should therefore take into account the work of the Group of States against Corruption of the Council of Europe (GRECO), the Organisation for Economic Cooperation and Development (OECD) and the United Nations Office against Drugs and Crime (UNODC).
Amendment 159 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Public Administration made up of civil servants with high ethical standard is a crucial condition for reducing risk of corruption.
Amendment 205 #
Proposal for a directive
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
1. ‘prevention of corruption’ refers to the proactive identification, detection and elimination of the causes of and conditions for corruption, through development and implementation of a comprehensive system of appropriate measures, as well as deterrence against corruption-related acts.
Amendment 227 #
Proposal for a directive
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
7. ‘legal person’ means any entity recognized as having legal personality under the applicable national law, except for States or public bodies in the exercise of State authority and for public international organisations.
Amendment 253 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall take measures to ensure that key preventive tools such as an open access to information of public interest, effective rules for the disclosure and management of conflicts of interests in the public sector, effective rules for the disclosure and verification of assets of public officials and effective rules regulating the interaction between the private and the public sector are in place. Member States shall adopt and implement an anticorruption strategy and action plan; this shall involve the participation of competent authorities.
Amendment 266 #
Proposal for a directive
Article 3 – paragraph 4 – introductory part
Article 3 – paragraph 4 – introductory part
4. Member States shall adopt comprehensive and up-to-dateperiodically reviewed measures to prevent corruption in both the public and private sectors, adapted to the specific risks of an area of activity. Such measures shall at least include actions to strengthen integrity and to prevent opportunities for corruption among:
Amendment 276 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b
Article 3 – paragraph 5 – subparagraph 2 – point b
(b) develop prevention or risk management plans to address the main risks in the sectors identified, in particular where services or acts are most subject to to bribery, exploitation, diversion of funds or personal bias towards third parties.
Amendment 290 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that one or several bodies, or organisation units specialised in the prevention of corruption is or are in place. These bodies shall cooperate with the corresponding units in other Member States.
Amendment 313 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that national authorities competent for the detection, investigation, prosecution or adjudication of the criminal offences referred to in this Directive are consistently and proactively continually provided with an adequate number of qualified staff and the financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Amendment 316 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Every second year Member States shall asses the implementation of this Directive and resources proven most effective to strengthen the national authorities in the fight against corruption.
Amendment 320 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Each Member State shall take the necessary measures to ensure adequate resources for and the provision of specialised anti-corruption training, this training shall be conducted at regular intervals for its members of law enforcement, the judiciary and the staff of authorities tasked with criminal investigations and proceedings of offences falling within the scope of this Directive.
Amendment 359 #
Proposal for a directive
Article 12 – paragraph 1 – point 1
Article 12 – paragraph 1 – point 1
1. the use, directly or through an intermediary, of physical force, threats or intimidation or the promise, offering or giving of an advantage to induce false testimony, cover, destroy or alter documents or evidence, or to interfere in the giving of testimony or the production of evidence in a proceeding concerning any of the offences referred to in Article 7 to 11, 13 and 14;
Amendment 363 #
Proposal for a directive
Article 12 – paragraph 1 – point 1 a (new)
Article 12 – paragraph 1 – point 1 a (new)
1a. the alteration, deletion or interference with digital evidence, electronic records or any other digital data relevant to an investigation or judicial proceeding concerning any of the offences referred to in Article 7 to 11, 13 and 14;
Amendment 364 #
Proposal for a directive
Article 12 – paragraph 1 – point 1 b (new)
Article 12 – paragraph 1 – point 1 b (new)
1b. intentionally influencing, pressuring or coercing witnesses, experts, or any involved parties to abstain from participating, communicating or cooperating with judicial authorities concerning any of the offences referred to in Article 7 to 11, 13 and 14;
Amendment 444 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
Member States shallmust take the necessary measures to ensure that effective investigative tools and anti-corruption training, such as those used in countering organised crime or other serious crimes, are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in this Directive.