2023/0135(COD) | [ParlTrack]

Elena YONCHEVA, Petar VITANOV, Klára DOBREV, Sándor RÓNAI

Proposal for a directive
Recital 1 a (new)

(1a) Combating corruption is essential for strengthening the quality of democracy and for the full realization of the Rule of Law. It is considered fundamental, for a good anti-corruption strategy, to act upstream of the phenomenon, preventing the existence of contexts that generate corrupt practices.

Amendment 140 #

Proposal for a directive
Recital 1 b (new)

(1b) Corruption is not a victimless crime and the rights of victims of corruption should be safeguarded on the same level as those of victims of other crimes, including regarding the right to information, support and protection. Victims of corruption should be represented in court proceedings, consulted about corruption investigation and adequately compensated. This will ensure that the consequences and the damage of corruption to societies are recognised and guarantees the rights of people suffering from corruption.

Amendment 141 #

Proposal for a directive
Recital 3

(3) The existing legal framework should be updated and strengthened to facilitate an effective fight against corruption across the Union. This Directive aims to criminalise corruption offences when committed intentionally. Intention and knowledge may be inferred from objective and factual circumstances. As this Directive provides for minimum rules, Member States remain free to adopt or maintain more stringent criminal law rules for corruption offences. Nothing in this Directive is to be interpreted as grounds for reduction in the level of protection already afforded by existing criminal law rules for corruption offences.

Amendment 142 #

Proposal for a directive
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 143 #

Proposal for a directive
Recital 4 a (new)

(4a) Diverse manifestations of corruption necessitate a coordinated and harmonized approach among Member States to address its root causes and consequences effectively.

Amendment 144 #

Elena YONCHEVA, Petar VITANOV, Klára DOBREV, Sándor RÓNAI

Proposal for a directive
Recital 5

(5) To root out corruption, both preventive and repressive mechanisms are needed. Member States are encouraged to take a wide range of preventive, legislative and cooperative measures as part of the fight against corruption. Whereas corruption is first and foremost a crime and specific acts of corruption are defined in national and international law, failings in integrity, undisclosed conflicts of interests or serious breaches of ethical rules can become corrupt activities if left unaddressed. The prevention of corruption mitigates the need for criminal repression and has wider benefits in promoting public trust and managing the conduct of public officials. Effective anti-corruption approaches often build on measures to enhance transparency of political funding, ethics and integrity, deontological rules for at-risk audiences, codes of conduct in companies and declarations of interests and of assets for public officials, as well as by regulating in areas such as conflict of interest, lobbying and revolving doors. Public bodies should seek the highest standards of integrity, transparency and independence as an important part of tackling corruption more broadly.

Amendment 145 #

Proposal for a directive
Recital 5

(5) To root out corruption, both preventive and repressive mechanisms are needed. Member States are encouraged to take a wide range of preventive, legislative and cooperative measures as part of the fight against corruption. Whereas corruption is first and foremost a crime and specific acts of corruption are defined in national and international law, failings in integrity, undisclosed conflicts of interests or serious breaches of ethical rules can become corrupt activities if left unaddressed. The prevention of corruption mitigates the need for criminal repression and has wider benefits in promoting public trust and managing the conduct of public officials. Effective anti-corruption approaches ~~often~~in all Member States should build on measures to enhance transparency, ethics and integrity, as well as by regulating in areas, considered to be enablers of corruption, such as conflict of interest, lobbying ~~and~~, revolving doors, public procurements and political parties financing. Public bodies should seek the highest standards of integrity, transparency and independence as an important part of tackling corruption more broadly.

Amendment 146 #

Proposal for a directive
Recital 5 a (new)

(5a) These phenomena strike at the heart of democracy, wounding it in its fundamental principles, namely those of equality, transparency, integrity, impartiality, legality, and fair redistribution of wealth. They have profoundly harmful economic effects, such as increased public spending, through interventions devoid of real interest, benefiting private individuals, deterring investors, and distorting competition rules.

Amendment 147 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Recital 6

(6) Member States should have in place bodies or units specialised in the repression and specialised in the prevention of corruption. Providing such specialised bodies or units with a clear mandate enshrined in law is paramount not only to ensuring their permanence, but also to increasing awareness among the public as to what the body or agency’s powers and responsibilities are. Member States may decide to entrust a body with a combination of preventive and law enforcement functions. In order to ensure that these bodies operate effectively, they should meet a number of conditions, including having the independence, resources and powers that are necessary to ensure the proper administration of their tasks. The institutions, bodies, offices and agencies of the Union should also adopt dedicated measures to prevent corruption of Union officials, adapted to the specific risks of the areas of activity covered by their respective administrations. Bodies or agencies specialised in the prevention of corruption should be empowered to manage asset declarations of public officials, as well as to monitor compliance with transparency rules and statutory provisions related to conflicts of interests in the public and private sector. All Member States should also create integrated services specifically tasked with duties related to the investigation and prosecution of corruption offences. Member States should equip such integrated anti-corruption investigation and prosecution services with specialised personnel, adequate technical means, and financial resources to ensure their full autonomy and a high degree of professionalism.

Amendment 148 #

Proposal for a directive
Recital 6

(6) Member States should have in place bodies or units specialised in the repression and investigation and specialised in the prevention of corruption. Member States may decide to entrust a body with a combination of preventive and law enforcement functions. In order to ensure that these bodies operate effectively, they should meet a number of conditions, including having the independence, resources and powers that are necessary to ensure the proper administration of their tasks. The management of the specialised bodies should be appointed through an open and transparent procedure in full compliance with the principle of legislative oversight, including several branches of government, to ensure public trust in the national anti-corruption bodies and avoid potential conflicts of interest.

Amendment 149 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Recital 6

(6) Member States should have in place bodies or units specialised in the repressvention and ~~specialised in the prevent~~repression of corruption. Member States may decide to entrust a body with a combination of preventive and law enforcement functions. In order to ensure that these bodies operate effectively, they should meet a number of conditions, such as, first and foremost the respect of fundamental rights, national constitutional provisions, the right to a fair trial, including having the independence, impartiality, resources and powers that are necessary to ensure the ~~prope~~fair administration of their tasks.

Amendment 150 #

Proposal for a directive
Recital 6 a (new)

(6a) To ensure coordinated EU oversight over the efforts of Member States to tackle corruption, Member States should facilitate the tasks of an EU Anti- Corruption Coordinator. The Coordinator should be responsible for improving coordination and coherence among EU institutions, EU agencies and Member States and should contribute to the effective application of this Directive. To ensure implementation of the country- specific recommendations in regards to combatting corruption set out in the Commission annual Rule of Law Report, the Coordinator should report on the actions that Member States take to address and fulfil them. On its own initiative, or upon the request of the Commission, the Anti-Corruption Coordinator may draw up opinions regarding national measures which may have a significant impact on the implementation of this Directive, including the national anti-corruption strategies of the Member States.

Amendment 151 #

Proposal for a directive
Recital 6 a (new)

(6a) Raising citizens' awareness about the scope, characteristics, and effects of corruption requires the design of campaigns that, in accessible language, warn about daily improper behaviors associated with corruption phenomena, thereby helping better detection of them, while also promoting their rejection. This approach is also essential for shaping more demanding, attentive, and less tolerant citizens to corrupt behavior.

Amendment 152 #

Proposal for a directive
Recital 8

(8) Taking account of the ~~evolu~~OECD 2008 statement that 'there are as many different definitions of corruption as thereats and the legal obligations on the Union and Member States under international law, as well as the development of national legal frameworks, the definition of corruption should be further approximated in all Member States so that it covers corrupt conduct more comprehensively. are manifestations of the problem itself' it should be retained that there is no single definition of corruption as corruption exists in different forms involving different participants. Indeed, corruption is an endemic phenomenon that takes multiple shapes and forms across all facets of society, for example bribery, embezzlement, trading in influence, trading of information, abuse of functions, diversion of public funds and illicit enrichment1a. _________________ 1a Stepping up the EU's efforts to tackle corruption, Cost of Non Europe Report, EPRS | European Parliamentary Research Service, JAN 2023, page 15 (UNODC, n.d.)

Amendment 153 #

Proposal for a directive
Recital 9

(9) To avoid impunity for corruption offences in the public sector, the scope of application, encompassing all public officials and public servants, needs to be well defined. First of all, the concept of public official should also cover persons working in international organisations, including the institutions, agencies and bodies of the European Union and international courts. This should, amongst other things, encompass all members of control and audit bodies, judges (national judges of Member States, judges sitting in European courts and judges sitting in international courts), all parliamentarians (sitting in the parliaments of the Member States or in the European Parliament), members of the governments of the Member States and the leaders of the European executive (European Commissioners and the President of the European Council), persons acting as members of collegial bodies responsible for deciding on the guilt of an accused person in the framework of a trial, as well as persons who by virtue of an arbitration agreement are called upon to render a legally binding decision in disputes submitted by the parties to the arbitration agreement. Secondly, many entities or persons nowadays exercise public functions without holding a formal office. Therefore, the concept of public official is defined to cover all relevant officials, whether appointed, elected or employed on the basis of a contract, holding a formal administrative or judicial office, as well as all persons providing a service, which have been vested with public authority or who are subject to the control or supervision of public authorities in relation to the carrying out of such a service, even if they do not hold formal office. For the purposes of this Directive, the definition should cover persons working in state-owned and state- controlled enterprises, as well as in asset management foundations and privately- owned companies performing public service functions and the legal persons established or maintained by them. Any person holding a legislative office should be treated as a public official for the purposes of this Directive.

Amendment 154 #

Proposal for a directive
Recital 9

(9) To avoid impunity for corruption offences in the public sector, the scope of application needs to be well defined. First of all, the concept of public official should also cover persons working in international organisations, including the institutions, agencies and bodies of the European Union and international courts. This should, amongst other things, encompass persons acting as members of collegial bodies responsible for deciding on the guilt of an accused person in the framework of a trial, as well as persons who by virtue of an arbitration agreement are called upon to render a legally binding decision in disputes submitted by the parties to the arbitration agreement. Secondly, many entities or persons nowadays exercise public functions without holding a formal office. Therefore, the concept of public official, including ambassadors and diplomatic personnel, military and intelligence services' personnel, judges and prosecutors, is defined to cover all relevant officials, whether appointed, elected or employed on the basis of a contract, holding a formal administrative or judicial office, as well as all persons providing a service, which have been vested with public authority or who are subject to the control or supervision of public authorities in relation to the carrying out of such a service, even if they do not hold formal office. For the purposes of this Directive, the definition should cover persons working in state-owned and state- controlled enterprises, as well as in asset management foundations and privately- owned companies performing public service functions and the legal persons established or maintained by them. Any person holding a legislative office should be treated as a public official for the purposes of this Directive.

Amendment 155 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Recital 9 a (new)

(9a) With regard to the prevention of and contrast to corruption, the creation of specialised bodies or agencies with a mandate enshrined on a clear legal basis is paramount to ensure their permanence, but also to entrust them with a specific mandate, and to increase awareness among the general public as to what the body or agency’s powers and responsibilities are. The effectiveness of bodies or agencies specialised in the prevention of corruption depends, in particular, on their possibility to manage asset declarations of public officials, monitor compliance with transparency rules applying to public officials and public entities, as well as with statutory provisions and rules related to conflicts of interests in the public and private sector, and to the financing of political parties. As for the investigation and prosecution of corruption offences, integrated services need to be created in all EU Member States, but also equipped with specialised personnel and adequate technical capabilities and financial resources, so that their full autonomy and professionalism is guaranteed. Victims of corruption face serious challenges when attempting to establish and understand their rights and potential remedies. Therefore, an independent coordinator for the rights of victims of corruption should also be established at national level to ensure that of persons affected by the crimes covered by this Directive rights are upheld, and that they are compensated for their loss, is essential.

Amendment 156 #

Proposal for a directive
Recital 9 a (new)

(9a) With a view to further strengthening the European anti- corruption framework and to effectively preventing corruption offences, the notion of conflict of interest needs to be clearly defined and as broadly as possible. This notion should cover all situations in which the impartial and objective exercise of the duties of a person involved in the performance of public functions is compromised for reasons of family, emotional, political or national affinity, economic interest or any other direct or indirect personal interest, whether real or potential, which conflicts with the public functions that the official is entrusted to perform.

Amendment 157 #

Proposal for a directive
Recital 9 a (new)

(9a) In order to uphold the principle of equality before the law and to avoid impunity for corruption offences in both the public and private sectors, the legal systems of Member States should prohibit general pardons or the adoption of amnesty laws that prevent the enforcement of the penalties laid down in national criminal codes and in accordance with this Directive, as well as of any civil liability arising from the commission of the offences concerned;

Amendment 158 #

Proposal for a directive
Recital 9 a (new)

(9a) A Public Administration made up of agents with high ethical standards is a key condition for reducing corruption risks. Regardless of the type of public service entry exams, subsequent training, in all sectors of the administration, should incorporate content with a strong focus on probity and corruption prevention.

Amendment 159 #

Proposal for a directive
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 160 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Recital 9 b (new)

(9b) In order to ensure the protection of the rule of law in all its complexity and richness, and to avoid impunity for actions seriously harmful to the rule of law and peaceful coexistence, the Directive should take an all- encompassing view of the concept of corruption and bribery of a political authority or public official in order to include behaviour whereby not only money or economic favours are obtained in exchange for illegal or illegitimate decisions, but also political favours, favours to third states or to certain parties, groups or collectives within the State, if such favours are particularly serious;

Amendment 161 #

Proposal for a directive
Recital 9 b (new)

(9b) It is also necessary to strengthen transparency and to avoid the phenomenon of the 'revolving door' between the public and private sectors, by imposing restrictions on the exercise of professional activities by former public officials, whether appointed, elected or employed under contract, and on the employment by the private sector of public officials after their resignation or retirement, when such activities or employment are directly related to the duties that they had performed or overseen during their term in office.

Amendment 162 #

Proposal for a directive
Recital 9 b (new)

(9b) State services must assess corruption and bribery risks associated with their type of activity, the nature of the services they provide, and the context in which these services are provided. For this purpose, they will have to draft prevention or risk management plans, in which services or acts most susceptible to bribery, exploitation or diversion of funds, and personal favoritism or favoritism towards third parties are identified, as well as measures to reduce risks and ways to react to illicit practices.

Amendment 163 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Recital 9 c (new)

(9c) Associated with the drafting of prevention or risk management programs is the creation of codes of ethics or conduct, which succinctly, objectively, and clearly describe the expected behaviors of all workers. These instruments must be simple, easily understood by their intended recipients, and adapted to the specificities of the respective activity. To achieve these results, it is recommended to involve all stakeholders in the drafting process.

Amendment 164 #

Proposal for a directive
Recital 9 c (new)

(9c) This Directive should lay down minimum standards to increase transparency and bring the laws of the Member States in line with reporting obligations concerning the income and assets of public officials.

Amendment 165 #

Proposal for a directive
Recital 10

(10) It is necessary to strenghthen the legal framework to combat bribery and to provide law enforcement and prosecution with the necessary tools. In bribery of public officials, there are two sides to distinguish. Active bribery exists when a person, directly or through an intermediary, promises, offers or gives an advantage of any kind to influence a public official~~. Passive bribery exists when the public official requests or receives~~ himself or a third party to act or refrain from acting in accordance with his duty or in the exercise of his functions. Passive bribery exists when the public official promises, offers or gives, directly or through an intermediary, such an advantagesin order to act or to refrain from acting in a certain way. This Directive should also set minimum rules on bribery and other forms of corruption in the private sector, where the immediate victims include companies that are impacted unfairly and where free competition is diminished by each bribe offered or accepted. , for himself or for a third party, in order to act in accordance with his duty or in the exercise of his functions. The concept of a public official guilty of active bribery or passive bribery shall cover both officials of the European Union and those of the Member States. This Directive should also set minimum rules on bribery and other forms of corruption in the private sector, where the immediate victims include companies that are impacted unfairly and where free competition is diminished by each bribe offered or accepted. It should also state that as all public officials are required to exercise their judgement or discretion impartially, the payment of bribes intended to influence the judgement or discretion of a public official and the acceptance of such bribes should fall under the definition of corruption.

Amendment 166 #

Proposal for a directive
Recital 10

(10) It is necessary to strenghten the legal framework to combat bribery and to provide law enforcement and prosecution with the necessary tools. In bribery of public officials, there are two sides to distinguish. Active bribery exists when a person promises, offers or gives an advantage of any kind to influence a public official. Passive bribery exists when the public official requests or receives such advantagesin order to act or to refrain from acting in a certain way. This Directive should also set minimum rules on bribery and other forms of corruption in the private sector, where the immediate victims include companies that are ~~impacted unfairly and~~seriously impacted, where free competition is diminished by each bribe offered or accepted, or where the offence results into a harm to consumers.

Amendment 167 #

Proposal for a directive
Recital 10

(10) It is necessary to strenghten the legal framework to combat bribery and to provide law enforcement and prosecution with the necessary tools. In bribery of public officials, there are two sides to distinguish. Active bribery exists when a person promises, offers, rewards or gives an advantage of any kind to influence a public official. Passive bribery exists when the public official requests or receives such advantagesin order to act or to refrain from acting in a certain way. This Directive should also set minimum rules on bribery and other forms of corruption in the private sector, where the immediate victims include companies that are impacted unfairly and where free competition is diminished by each bribe offered or accepted.

Amendment 168 #

Proposal for a directive
Recital 10 a (new)

(10a) The implementation of this Directive must take into consideration the Venice Commission Report on the Relationship Between Political and Criminal Ministerial Responsability, 8-9 March 20232a, which states that criminal sanctions should be used as the last resort (ultima ratio). 2a. 2a https://www.venice.coe.int/webforms/docu ments/default.aspx?pdffile=CDL- AD(2013)001-e

Amendment 169 #

Proposal for a directive
Recital 10 b (new)

(10b) The implementation of this Directive should take into consideration that following the ECtHR Liivik v. Estonia of 25 June 2009, the Venice Commission considers, that criminal provisions prohibiting “abuse of office”, “misuse of powers”, “excess of authority” or similar offences are to be found in a number of European legal systems, and the Venice Commission recognises that there may be a perceived need for such general clauses, which may cover the many various forms of grave offences that public officials may commit, and which it is not easy to regulate in detail in advance. At the same time, the Commission holds that such blanket criminal provisions are deeply problematic, both with regard to the qualitative requirements of Article 7 of the ECHR and other basic requirements under the rule of law, such as predictability and legal certainty, and that they are also particularly vulnerable to political misuse3a. _________________ 3a 3a https://www.venice.coe.int/webforms/docu ments/default.aspx?pdffile=CDL- AD(2013)001-e

Amendment 170 #

Proposal for a directive
Recital 11

(11) In order to ensure that public officials do not intentionally use funds for purposes other than they were intended, it is necessary to lay down rules on the offence of misappropriation by public officials of property whose management is entrusted to them. In order to take a comprehensive approach to the fight against corruption, this Directive should also cover misappropriation in the private sector. In order for misappropriation to be criminal, it should lead to a~~n advant~~ serious damage ~~for~~to the public ~~official or a third par~~administration, or to private sector entity.

Amendment 171 #

Proposal for a directive
Recital 11

(11) In order to ensure that public officials do not intentionally use funds for purposes other than they were intended, it is necessary to lay down rules on the offence of misappropriation by public officials of property whose management is entrusted to them. In order to take a comprehensive approach to the fight against corruption, this Directive should also cover misappropriation in the private sector. In order for misappropriation to be criminal, it should lead to an advantage for the public official or a third partyfor misappropriation to be criminal, it should lead to an advantage for the public official or a third party or cause a certain financial damage or a severe violation of the legitimate rights or interests of a natural or legal person.

Amendment 172 #

Proposal for a directive
Recital 12

(12) Trading in influence, arising from the corrupt behaviour of those persons who are or claim to be in the proximity of power and try to exchange promises of exerting influence over decision-making processes in return for undue advantages should also be defined as a criminal offence. The constituent elements of the criminal offence should be that the instigator provides, or unequivocally promises to provide the influence peddler with an undue advantage for exerting unlawful influence over an outcome or a process that is subject to decision-making. When carried out intentionally, this behaviour should be considered a criminal offence irrespective of whether the influence was exerted and whether or not the claimed influence leads to the outcome intended. This offence should not cover the legitimate exercise of acknowledged forms of interest representation which may seek to legitimately influence public decision- making but do not entail an undue exchange of advantages. Such forms of interest representation, such as advocacy for example, are often carried out in a regulated environment precisely for avoiding that a lack of transparency may allow them to become gateways to corruption. Having in place well- functioning additional rules on disclosing conflicts of interest, on ‘revolving-doors’ or on the financing of political parties, can also help to avoid grey areas and prevent undue influence.

Amendment 173 #

Proposal for a directive
Recital 13

(13) Moreover, it is necessary to define the offence of abuse of functions in the public sector as a failure to perform an act by a public official, in violation of laws, to obtain an undue advantage. In order to comprehensively fight corruption, this Directive should also cover abuse of functions in the private sector. In order for abuse of functions in the private sector to be criminal, it should lead to a distortion of competition in relation to the purchase of goods or commercial services, to a significant damage to the private-sector entity concerned, or to a harm to consumers.

Amendment 174 #

Proposal for a directive
Recital 13

(13) Moreover, it is necessary to define the offence of abuse of functions in the public sector as a failure to perform an act by a public official, in violation of laws, to obtain an undue advantage. In order to comprehensively fight corruption, this Directive should also cover abuse of functions in the private sector if it leads to an advantage for the public official or a third party or causes a certain financial damage or a severe violation of the legitimate rights or interests of a natural or legal person .

Amendment 175 #

Proposal for a directive
Recital 14

(14) Obstruction of justice is a criminal offence committed in support of corruption. It is therefore necessary to lay down a criminal offence for the obstruction of justice, which entails the exercise of physical force, threats or intimidation, or the inducement of false testimony or evidence. Actions to interfere in the giving of testimony or production of evidence, or with the exercise of official duties by judicial or law enforcement officials, as well as the destruction, alteration, concealment or falsification of evidence should also be covered. In line with the UNCAC, this Directive only applies to the obstruction of justice concerning proceedings relating to a corruption offence.

Amendment 176 #

Proposal for a directive
Recital 14 a (new)

(14a) Illicit political financing leaves democracies vulnerable to malign finance and undue influence in politics. Abuses of state resources conferring undue benefits on politicians and parties can be a major corruptive force in the electoral process as it can introduce or exacerbate power inequalities, give unfair electoral advantage to incumbents, compromise the integrity of an election, and reduce public trust in the legitimacy of the process and its outcomes. Furthermore, the private sector may use its influence and resources to pressure public authorities to adopt or implement policies and laws in their favour. On the other hand, the integrity of the private sector may be compromised by illicit political finance if politicians pressure companies for donations in exchange for continued business with the state, which can lead to policy capture. It is therefore necessary to lay down a criminal offence for illicit political financing.

Amendment 177 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Recital 15

(15) Corruption feeds off the motivation for undue economic and other advantages. Ìn order to reduce the incentive for individuals and criminal organisations to commit new criminal acts and deter individuals from consenting to becoming fake property owners enrichment by corruption offences should be criminalised. This should, in turn, complicate the concealment of illicitly acquired property and reduce the spread of corruption as well as the damage done to society. Transparency helps competent authorities to detect possible illicit enrichment. ~~For example, in jurisdictions where public officials ar~~Officials should therefore be required to declare their assets and interests at regular intervals, including when taking up and completing duties, ~~authorities~~so that competent authorities, or independent entities, can assess whether the declared assets correspond to declared incomes, as well as detect and prevent potential conflicts of interest and revolving doors situations.

Amendment 178 #

Proposal for a directive
Recital 15

(15) Corruption feeds off the motivation for undue economic and other advantages. ÌIn order to reduce the incentive for individuals and criminal organisations to commit new criminal acts and deter individuals from consenting to becoming fake property owners enrichment by corruption offences should be criminalised. This should, in turn, complicate the concealment of illicitly acquired property and reduce the spread of corruption as well as the damage done to society. ~~Transparency helps competent authorities to detect possible illicit enrichment. For example, in jurisdictions where~~It is necessary to ensure maximum transparency as this is crucial to enable the competent authorities to detect possible illicit enrichment. To enable the authorities to assess whether declared assets match declared income, public officials ~~are required to~~must declare their assets at regular intervals, in~~cluding~~ particular when taking up and ~~completing duties, authorities can assess whether the declared assets correspond to declared incomes~~leaving office.

Amendment 179 #

Proposal for a directive
Recital 15 a (new)

(15a) Member States should be obliged to take measures that hold public officials accountable for any culpable breach of their official duties that results in harm to the rights or to the legitimate interests of individuals or entities. Such breaches, involving a failure to perform duties or a defective performance of duties, should be punishable as administrative or criminal offences.

Amendment 180 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Recital 16

(16) The criminal offence of enrichment builds upon the rules on the criminal offence of money laundering laid down in Directive (EU) 2018/1673 of the European Parliament and of the Council44 . It is meant to address those cases where the judiciary considers that the corruption offence or offences cannot be proven. Like the predicate offence in money laundering, the burden of proof is of a different nature. This means that in criminal proceedings regarding the criminal offence of enrichment, when considering whether property is derived from any kind of criminal involvement in a corruption offence and whether the person had knowledge of that, the specific circumstances of each case should be taken into account, such as the fact that the ~~value of the property is disproportionat~~acquisition, receipt or use of a certain amount of wealth by a person cannot be, or has not been, justified through reference to their lawful income ~~of the accused person and that the criminal activity and acquisition of property occurred within the same time frame. It should not be necessary~~. It should not be necessary to establish that the official or person in question was involved in the commission of the criminal offence, nor to establish knowledge of all the factual elements or all circumstances relating to the criminal involvement, including the identity of the perpetrator. When a person is convicted of a criminal offence as defined in this Directive, the competent authorities can recover the illicitly obtained property on the basis of Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union45 . _________________ 44 Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22). 45 Directive 2014/42/EU of the European Parliament and of the Council of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime in the European Union (OJ L 127/39, 29.4.2014, p. 39).

Amendment 181 #

Proposal for a directive
Recital 19

(19) The competent authorities should be able to impose, in addition or as an alternative to imprisonment, supplementary sanctions or measures, that are not necessarily of a criminal nature, such as the temporary or permanent disqualification from holding public office ~~or the exclusion from public procurement~~, a ban on holding elected or governmental office or the exclusion from public procurement and the voiding of contracts and appointments awarded in breach of anti-corruption rules. Such measures have a general dissuasive effect and may reduce the recidivism of convicted offenders. Member States should also consider establishing procedures for the suspension or temporary reassignment of a public official accused of a criminal offence as referred to in this Directive, bearing in mind the need to respect the principle of the presumption of innocence and the right to an effective remedy.

Amendment 182 #

Proposal for a directive
Recital 20

(20) Legal persons should not be liable only for acts of a leading person in their organisation, nor should they be able to avoid responsibility by using intermediaries, including related legal persons, to offer, promise or give a bribe to a public official on its behalf. Moreover, fines for legal persons should be ~~calculated considering~~proportionate and commensurate to the gravity of the offence, and calculated considering the gross gain, or the gross loss, caused by the offence, or the worldwide turnover of all legal entities related to the offender, including parent entities, subsidiary entities, linked trusts, or similar or comparable legal entities. Corruption related offences are of resolved through non-trial resolutions processes, which are are often viewed as a pragmatic and efficient way to resolve cases that would otherwise require tremendous time and resources to investigate and prosecute before reaching a court. However, non-trial resolutions also present legal, institutional and procedural challenges, and raise questions of transparency, the level of deterrence and victims’ compensation. Member States should therefore also take the necessary measures to establish fair, effective, and transparent non-trial resolutions processes that competent authorities can enter into with a legal person for any of the offences covered by this Directive.

Amendment 183 #

Proposal for a directive
Recital 20 a (new)

(20a) In the fight against corruption, urgent attention should be directed towards tackling the misuse of bearer shares and trusts, which are essential in clandestine financial activities. Member States still permit the use of bearer shares, allowing for illicit funds to be received, held, and transferred in a clandestine manner. These mechanisms create an opacity level even higher than tax havens, making them a serious concern in the battle against corruption. Moreover, trusts are also exploited for their potential to allow obscure financial transactions and to hide the true beneficiaries. The misuse of funds further compounds the challenge of tracking and combating corruption effectively. Therefore, Member States need to swiftly implement robust measures. Such measures should encompass an unambiguous ban on bearer shares and a comprehensive strategy to ensure transparency of ownership in the use of trusts.

Amendment 184 #

Proposal for a directive
Recital 20 a (new)

(20a) Whereas public procurement, as a key interface between the public and private sectors, is inherently susceptible to corrupt practices, given the significant financial interests at stake and the complexity of procurement processes. Recognizing that these vulnerabilities can lead to inefficiencies, misallocation of public resources, and a loss of public trust in governmental institutions, robust measures are needed to enhance transparency, oversight, and accountability in public procurement processes. This includes establishing clear guidelines, promoting digital solutions for traceability, ensuring rigorous auditing mechanisms, and providing platforms for whistleblower protections and public scrutiny.

Amendment 185 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Recital 25

(25) In order to increase trust in prosecution services whilst reducing the perception of corruption in Member States, discretionary powers under domestic law not to the prosecute persons the granting to public officials of immunities from prosecution for criminal offences referred to in this Directive on opportunity grounds should be exercised in accordance with clear rules and criteria and guarantee, with appropriate internal consultation, a~~s well as the aim of deterring~~nd decisions subject to review by the public concerned, subject to proportionality requirements as provided under national law. These criteria and guarantees can contribute to deter the commission of corruption offences and to ensure the effectiveness of the judicial process.

Amendment 186 #

Proposal for a directive
Recital 27

(27) In order to ensure that the competent authorities have sufficient time to conduct complex investigations and prosecutions, this Directive provides for a minimum limitation period that enables the detection, investigation, prosecution and judicial decision of corruption offences for a sufficient period of time after the commission of such offences, without affecting those Member States which do not set limitation periods for investigation, prosecution and enforcement. That limitation period should in any event be suspended from the date of issuance of the conviction concluding the first instance of the proceedings or of the conviction order, until the effective date of the judgment concluding the proceedings or the date on which the criminal decree becomes final.

Amendment 187 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Recital 28

(28) Corruption offences are a difficult category of crime to identify and investigate, as they mostly occur as part of a conspiracy between two or more willing parties and lack an immediate and obvious victim who could complain. Thus, a significant proportion of corruption crime remains undetected, and the criminal parties are able to benefit from the proceeds of their corruption. The longer it takes to detect a corruption offence, the more difficult it is to uncover evidence. Therefore, it should be ensured that law enforcement and prosecutors have appropriate investigative tools to gather relevant evidence of corruption offences which often affect more than one Member State, including wiretaps and evidence collected by undercover agents. Furthermore, Member States should allocate sufficient training, in close coordination with the European Union Agency for Law Enforcement Training (CEPOL), also on the use investigative tools to successfully carry out proceedings and the identification and quantification of proceeds of corruption in the context of freezing and confiscation. In addition, this Directive facilitates the gathering of information and evidence by setting out mitigating circumstances for offenders that help the authorities.

Amendment 188 #

Proposal for a directive
Recital 29

(29) Persons reporting information to competent authorities concerning past, ongoing or planned instances of corruption, which they have acquired in the context of their work-related activities, risk suffering retaliation in that context. Such whistleblowers’ reports can strengthen enforcement by enabling the competent authorities to effectively prevent, detect and prosecute corruption. Given the public interest in shielding public and private institutions from such acts, and in enhancing transparency, good governance and accountability, it is necessary to ensure that effective arrangements are in place to enable whistleblowers to use confidential channels, to alert competent authorities and to protect them from retaliation. Whistle- blowing can be a fundamental source of information in the fight against organised crime and in the investigation of corruption in the public sector. Directive (EU) 2019/1937 of the European Parliament and of the Council47 applies to reports of breaches affecting the financial interests of the Union as referred to in Article 325 of the Treaty and as further specified in relevant Union measures and thus applies to the reporting of all criminal offences falling within the scope of Directive (EU) 2017/1371 of the European Parliament and of the Council48. As regards the criminal offences referred to in this Directive, Directive (EU) 2019/1937 should be applicable to the reporting of such offences and to the protection of persons reporting such offences under the conditions established therein. Beyond the obligations flowing from Directive (EU) 2019/1937, competent national authorities should ensure that persons providing evidence or otherwise cooperating with criminal investigations are given the necessary protection, support and assistance in the context of criminal proceedings. _________________ 47 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305 26.11.2019). 48 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the protection of the Union's financial interests by means of criminal law (OJ 198 L, 28.7.2017, p. 29).

Amendment 189 #

Proposal for a directive
Recital 29 a (new)

(29a) While the notion of ‘victim’ is to be interpreted in accordance with national law, such notion should also be able to provide that a legal person could be a victim for the purpose of this Directive.

Amendment 190 #

Proposal for a directive
Recital 29 b (new)

(29b) The public concerned, including affected communities, should be entitled to obtain restoration from damages caused by the offences. For such purposes Member States should ensure that, in accordance with their national legal system, members of the public concerned have appropriate rights to participate in the proceedings covered by this Directive, for instance as a civil party. The public concerned should be entitled to participate in the proceedings covered by this Directive where as a result of a corruption offence, they have a sufficient interest and are entitled to maintain the impairment of a right, in accordance with national law. For the purposes of participating in the proceedings covered by this Directive, the public concerned including entities that wish to represent the rights of victims of corruption should meet minimum standards. First, they should have a non- profit making nature. Second, there should be a direct relationship between the main objectives of the entity representing the public concerned and the action brought relevant court or competent administrative body. Thirds, the entity should have been established for at least five years prior to the date of its application to the relevant court or competent administrative body. Entities reresenting the public concerned should also make publicly available in plain and intelligible language by any appropriate means, in particular on their website, information that demonstrates their compliance with the criteria required to participate in the proceedings covered by this Directive, and information about the sources of their funding, organisational structure, statutory purpose and activities.

Amendment 191 #

Proposal for a directive
Recital 29 c (new)

(29c) The preparation and adoption of coordinated strategies for the prevention of corruption and the promotion of public integrity emerged as a common standard to foster a coordinated and continuous approach to the challenges posed by corruption. This Directive requires all Member States to adopt, publish and periodically review national strategies on preventing and combating corruption to duly take into account the needs, specificities and challenges of the Member States. The strategies should be developed in cooperation with all level of governments concerend, including local governments and institutions translating national strategies into the specific context, and in consultation with civil society, independent experts, researchers and other stakeholders.

Amendment 192 #

Proposal for a directive
Recital 30

(30) Independent civil society organisations are crucial for the well- functioning of our democracies, ands they have the potential to play a key role in upholding the common values on which the EU is founded. ~~They~~In order to guarantee this independence, Member States should take the appropriate steps to avoid hidden foreign interference by promoting, inter alia, transparency on their funding. With these conditions, civil society organisations have the potential to act as essential watchdogs, drawing attention to threats to the rule of law, contributing to making those in powers accountable, and ensuring respect for fundamental rights. Both Member States and the institutions of the European Union should promote the participation of civil society in anti- corruption activities.

Amendment 193 #

(30) Independent civil society organisations are crucial for the well- functioning of our democracies, and play a key role in upholding the common values on which the EU is founded. They act as essential watchdogs, drawing attention to threats to the rule of law, contributing to making those in powers accountable, and ensuring respect for fundamental rights. Member States should promote the participation of civil society in anti- corruption activities. The consistent involvement of civil society in the prevention and in the fight against corruption, as well as in raising public awareness regarding the existence, causes and gravity of corruption and the threats it poses should be an essential element of the Union’s approach.

Amendment 194 #

Proposal for a directive
Recital 31

(31) Media pluralism and media freedom are key enablers for the rule of law, democratic accountability, equality and the fight against corruption. Independent and pluralistic media, in particular investigative journalism, play an important role in the scrutiny of public affairs, detecting possible corruption and integrity breaches, raising awareness and promoting integrity. Member States should be transparent as regards funding the media through institutional advertising, preventing any administration from favouring the media of their choice. In addition, Member States have an obligation to guarantee an enabling environment for journalists, protect their safety and pro-actively promote media freedom and media pluralism. The Commission’s Recommendation on the protection, safety and empowerment of journalists49, as well as the proposal for a Directive50 and a Commission Recommendation51 on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (‘Strategic lawsuits against public participation’) include important safeguards and standards to ensure that journalists, human rights defenders and others can carry out their role unhindered. _________________ 49 Commission Recommendation of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union, C(2021)6650 final. 50 Proposal for a Directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”), COM/2022/177 final. 51 Commission Recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation"), C(2022) 2428 final.

Amendment 195 #

Proposal for a directive
Recital 31

(31) Media pluralism and media freedom are key enablers for the rule of law, democratic accountability, equality and the fight against corruption. Independent and pluralistic media, in particular investigative journalism, play an important role in the scrutiny of public affairs, detecting possible corruption and integrity breaches, raising awareness and promoting integrity. Member States have an obligation to guarantee an enabling environment for journalists, protect their safety and pro-actively promote media freedom and media pluralism. The Commission’s Recommendation on the protection, safety and empowerment of journalists49 , as well as the proposal for a Directive50 and a Commission Recommendation51 on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (‘Strategic lawsuits against public participation’) include important safeguards and standards to ensure that journalists, human rights defenders, whistleblowers, and others can carry out their role unhindered. _________________ 49 Commission Recommendation of 16 September 2021 on ensuring the protection, safety and empowerment of journalists and other media professionals in the European Union, C(2021)6650 final. 50 Proposal for a Directive of the European Parliament and of the Council on protecting persons who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation”), COM/2022/177 final. 51 Commission Recommendation on protecting journalists and human rights defenders who engage in public participation from manifestly unfounded or abusive court proceedings (“Strategic lawsuits against public participation"), C(2022) 2428 final.

Amendment 196 #

Proposal for a directive
Recital 32

(32) Member States should collect and publish data concerning the application of this Directive, which can be analysed and used by the Commission in the context of the monitoring, implementation and evaluation of the Directive~~, as well as the application of any of the Rule of Law tools, such as the annual Rule of Law report~~. In order to ensure a comprehensinve overview and assessment of the corruption related trends and systemic corruption issues across the EU, including the identification of areas that have been affected most by the misappropriation of EU funds, the Commission should develop a yearly Anti-corruption Report, which should provide concrete and actionable recommendations to Member States to act upon in order to address identified shortcomings.

Amendment 197 #

Proposal for a directive
Recital 33 a (new)

(33a) Victims of corruption often lack representation in legal processes, consultation in corruption investigations, and opportunities for compensation. In practice, enforcing actions against international corruption often neglects the involvement and rights of victims, creating a significant gap where victims remain largely unknown. Member States should safeguard the rights of victims, ensuring their perspectives are voiced and considered without compromising the rights of the defence during criminal proceedings against offenders. The compensation of victims represents the essence of justice and victims should be empowered to seek remedies. Therefore, Member States should implement measures allowing individuals or entities harmed by acts of corruption to initiate legal actions against the responsible parties to seek fair compensation.

Amendment 198 #

Proposal for a directive
Recital 33 a (new)

(33a) In order to ensure the prevention and prosecution of corruption offences, both in the public and private sectors, Member States should have in place specialised bodies or organisation units that can centralise action in this area. The existence of many decentralised bodies or organisation units may, primarily in small administrations, result in a lack of monitoring, audit and accountability. In addition, given that corruption schemes may affect several administrations, joint measures are needed at national level.

Amendment 199 #

Proposal for a directive
Recital 34

(34) Corruption is a cross-cutting issue, while vulnerabilities differ from sector to sector, as well as the most adequate way to tackle them. Member States should therefore regularly perform an assessment to identify the sectors most at risk of corruption and develop risk management plans to address the main risks in the sectors identified, including by organising, at least once a year, awareness-raising actions adapted to the specificities of the sectors identified. Member States that have broad national anti-corruption strategies in place, may also choose to address their risk assessments and risk management plans therein, as long as the risks are assessed and the measures are reviewed regularly. For instance, investor ~~residence schemes~~citizenship schemes and investor residence schemes such as "golden visas" are among the sectors thatbear high risks for corruption59 . ~~and~~These should therefore be included in the assessments of the sectors most at risk of corruption and ~~the trainings to be conducted by M~~be banned from all member Sstates ~~as provided for by this Directive~~. _________________ 59 Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Investor Citizenship and Residence Schemes in the European Union, 23 January 2019, COM(2019) 12 final.

Amendment 200 #

Proposal for a directive
Recital 34 a (new)

(34a) The European Commission should support Member States and their authorities to comply with the obligations stemming from this Directive. In particular, the Commission should offer guidance and support to Member States in enhancing the capacity of their institutions, strengthening investigative bodies and the judiciary in order to respond better to risks of corruption identified at national and Union level.

Amendment 201 #

Proposal for a directive
Recital 34 b (new)

(34b) The EU network against corruption should bring together the expertise and resources of Member States, Union institutions, civil society, and the private sector in order to develop comprehensive strategies and share best practices in the fight against corruption. It should serve as a platform for cooperation, coordination, and information sharing, including with international organisations and bodies, thus allowing the Union to combat corruption more effectively.

Amendment 202 #

Proposal for a directive
Recital 35

(35) To provide for an equivalent level of protection between the Union’s and the national financial interests, the provisions of Directive (EU) 2017/137160 should be aligned with those of this Directive by bringing together the provisions on public officials and the private sector in a single legal act. To this end, the rules applicable to criminal offences affecting the Union’s financial interests as regards sanctions, aggravating and mitigating circumstances and limitation periods should be equivalent to those laid down by this Directive. _________________ 60 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the protection of the Union's financial interests by means of criminal law, OJ 198 L, 28.7.2017, p. 29.

Amendment 203 #

Proposal for a directive
Article 1 – paragraph 1

This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of corruption, as well as measures to ~~better~~ prevent and fight corruption at the national and Union level.

Amendment 204 #

Proposal for a directive
Article 2 – paragraph 1 – point 1

1. ‘prevention of corruption’ refers to the detection and elimination of the causes of and conditions for corruption in the public and private sector, through development and implementation of a system of appropriate measures to reduce the potential for corruption, as well as to deter~~rence against~~ corruption-related acts at the national and Union level.

Amendment 205 #

Proposal for a directive
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 206 #

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 ~~system of appropriate~~comprehensive system of measures, as well as deterrence against corruption-related acts.

Amendment 207 #

Proposal for a directive
Article 2 – paragraph 1 – point 1

1. ‘prevention of corruption’ refers to the detection and elimination of the causes of and conditions for corruption, through development and implementation of a rule of law system of appropriate measures, as well as deterrence against corruption- related acts.

Amendment 208 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 a (new)

1a. primary legislation means any normative act wich has the force of law according to the Constitution of the Member States

Amendment 209 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 b (new)

1b. secondary legislation means administrative normative acts implementing the primary legislation

Amendment 210 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 c (new)

1c. a promise is a firm agreement to perform an act, refrain from acting or make a payment or delivery;

Amendment 211 #

Proposal for a directive
Article 2 – paragraph 1 – point 1 d (new)

1d. unequivocal promise is a precisely and clearly expressed. not implied promise

Amendment 212 #

Proposal for a directive
Article 2 – paragraph 1 – point 2

2. ‘property’ means funds or assets of any kind, whether corporeal or incorporeal, movable or immovable, financial or non- financial, tangible or intangible, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or an interest in, such assets.

Amendment 213 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point a

(a) a Union official ~~or a national official~~, contractor or consultant/adviser or a national official, contractor or consultant/adviser of a Member State or of a third country,

Amendment 214 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b

(b) any other person assigned and exercising a public service function or providing a public service in Member States or third countries, for an international organisation or for an international court.

Amendment 215 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b

Amendment 216 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b

(b) any other person ~~assigned and~~ exercising a public service function or providing public service in Member States or third countries, for an international organisation or for an international court.

Amendment 217 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b

(b) any other person ~~assigned and exercis~~exercising a public function or providing a public service ~~function~~ in Member States or third countries, for an international organisation or for an international court.

Amendment 218 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b a (new)

(ba) any other individual entrusted with public powers or a public service mission or holding an elected public office,

Amendment 219 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b a (new)

(ba) any other person defined as a ‘public official’ in the domestic law of a Member State.

Amendment 220 #

Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b a (new)

(ba) any other person defined as a ‘public official’ in the domestic law of that Member State.

Amendment 221 #

Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a

(a) a member of an institution, body, office or agency of the Union and the staff of such bodies ~~shall be assimilated to Union officials.~~ , including any person who has been appointed to an established post of one of the institutions, bodies, offices or agencies of the Union. Such persons shall be assimilated to Union officials when the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union laid down in Council Regulation (EEC, Euratom, ECSC) No 259/6860a (the ‘Staff Regulations’) do not apply to them. _________________ 60a OJ L 56, 4.3.1968, p. 1, ELI: http://data.europa.eu/eli/reg/1968/259(1)/ oj.

Amendment 222 #

Proposal for a directive
Article 2 – paragraph 1 – point 5

5. ‘national official’ means any person holding an executive, administrative, or judicial office or any other person assigned and exercising a public service function at national, regional or local level, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority. Any person holding a legislative office or any other person assigned and exercising a public service function at national, regional or local level is considered a national official for the purpose of this Directive.

Amendment 223 #

Proposal for a directive
Article 2 – paragraph 1 – point 5

5. ‘national official’ means any person holding an executive, administrative, or judicial office at national, regional or local level, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority. ~~Any person holding a legislative office at national, regional or local level is considered a national official for the purpose of this Directive.~~

Amendment 224 #

Proposal for a directive
Article 2 – paragraph 1 – point 6

6. ‘breach of duty’ covers as a minimum any disloyal behaviour constituting a breach of a statutory duty, or, as the case may be, a breach of professional regulations or instructions, which apply within the business of a person who in any capacity directs or works for a private sector entity. breach of a statutory duty arising from national primary legislation

Amendment 225 #

Proposal for a directive
Article 2 – paragraph 1 – point 6

6. ‘breach of duty’ covers as a minimum any disloyal behaviour constituting a breach of a statutory duty, or, as the case may be, a breach of professional regulations or written instructions, which apply within the business or sector of a person who in any capacity directs or works for a p~~rivate sector~~ublic or private entity.

Amendment 226 #

Proposal for a directive
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 227 #

Proposal for a directive
Article 2 – paragraph 1 – point 7

Amendment 228 #

8. ‘high level officials’ are heads of state, heads of central and regional government, members of the College of Commissioners, or high-level positions of the European Commission, members of central and regional government, as well as other political appointees who hold a high level public office such as deputy ministers, state secretaries, Members of the European Parliament, heads and members of a minister’s private office, and senior political officials, as well as members of parliamentary chambers, members of highest Courts, such as Constitutional and Supreme Courts, military officials, senior executives of state owned corporations, political party officials and members of Supreme Audit Institutions.

Amendment 229 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 2 – paragraph 1 – point 8

8. ‘high level officials’ are heads of state, heads of central and regional government, members of central and regional government, members of the College of Commissioners of the European Commission, as well as other political appointees who hold a high level public office at Union level, such as the President of the European Council, or at national level, such as deputy ministers, state secretaries, heads and members of a minister’s private office, and senior political officials and senior public officials at Union or national level, as well as members of parliamentary chambers, members of the European Parliament, members of highest Courts, such as Constitutional and Supreme Courts, ~~and~~ members of Supreme Audit Institutions, and executives of state owned corporations.

Amendment 230 #

Proposal for a directive
Article 2 – paragraph 1 – point 8

8. ‘high level officials’ are heads of state, heads of central and regional government, members of central and regional government, as well as other political appointees who hold a high level public office such as deputy ministers, state secretaries, heads and members of a minister’s private office, and senior political officials, executives of state- owned corporations, leaders of political parties, as well as members of parliamentary chambers, members of highest Courts, such as Constitutional and Supreme Courts, and members of Supreme Audit Institutions.

Amendment 231 #

Proposal for a directive
Article 2 – paragraph 1 – point 8

8. ‘high level officials’ are heads of state, heads of central and regional government, members of central and regional government, Ambassadors as well as other political appointees who hold a high level public office such as deputy ministers, state secretaries, heads and members of a minister’s private office, and senior political officials, as well as members of parliamentary chambers, members of highest Courts, such as Constitutional and Supreme Courts, and members of Supreme Audit Institutions.

Amendment 232 #

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

8a. 8a.‘grand corruption’ means the commission of any of the offences referred to in Articles 7 to 14, where the offence: (a) involved a high level official;or (b) was committed as part of a criminal scheme;or (c) resulted in a gross misappropriation of property;or (d) resulted in, or intended to result in, either a serious human rights violation or abuse, or any other human rights violation or abuse, in so far as that violation or abuse is widespread, systematic or is otherwise of serious concern. (a) involved a high level official;or (b) was committed as part of a criminal scheme;or (c) resulted in a gross misappropriation of property for personal gains;or (d) resulted in, or intended to result in, either a serious human rights violation or abuse, or any other human rights violation or abuse, in so far as that violation or abuse is widespread, systematic or is otherwise of serious concern.

Amendment 233 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

8a. ‘grand corruption’ means the commission of any of the offences referred to in Articles 7 to 14, where the offence: (a) involved a high level official;or (b) was committed as part of a criminal scheme;or (c) resulted in a gross misappropriation of property;or (d) resulted in, or intended to result in, either a serious human rights violation or abuse, or any other human rights violation or abuse, in so far as that violation or abuse is widespread, systematic or is otherwise of serious concern.

Amendment 234 #

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

8a. ‘Conflict of interest' shall mean any situation in which situation the impartial and objective exercise of the functions of a public official is compromised for reasons of family, emotional, political or national affinity, economic interest or any other direct or indirect, potential or actual personal interest in conflict with the public interest the official is entrusted to serve.

Amendment 235 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)

8a. ‘victim of corruption’ means a legal person, in accordance with national law, who is a victim as defined in Article 2(1), point (a), of Directive 2012/29/EU of the European Parliament and of the Council60a, that has suffered harm as a result of any of the offences within the scope of that Directive; _________________ 60a Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, OJ L 315, 14.11.2012, p. 57, ELI: http://data.europa.eu/eli/dir/2012/29/oj

Amendment 236 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)

8b. ‘victim of corruption’ means persons who, individually or collectively, have suffered harm, either directly or indirectly, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are a consequence of any of the offences referred to in Articles 7 to 14.

Amendment 237 #

Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)

8b. ‘The revolving door’ shall mean the taking-up, receipt or holding, directly or indirectly, by a public official of any interest in an undertaking or transaction for which, at the time of the act, he or she is wholly or partly responsible for the monitoring, administration, liquidation or payment.

Amendment 238 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)

8b. ‘victim’ means a victim as defined in Article 2(1), point (a), of Directive 2012/29/EU of the European Parliament and of the Council, as well as a legal person, as defined in national law, that has suffered harm as a result of any of the offences within the scope of this Directive.

Amendment 239 #

Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)

8b. ‘high level corruption’ means the commission of any offences referred to in Articles 7 to 14, where the offence involves a high level official or results in a gross misappropriation of public funds or resources.

Amendment 240 #

Proposal for a directive
Article 2 – paragraph 1 – point 8 c (new)

8c. 'qualified public interest entity’ means an entity which: (a) has a public or non-profit character; (b) pursues mainly objectives with a direct relationship to the action brought; (c) has been established for at least five years prior to the date of bringing action to the relevant court or competent administrative body;and (d) makes publicly available in plain and intelligible language by any appropriate means, in particular on its website, information that demonstrates that it complies with the criteria listed in points (a) to (c) and information about the sources of its funding, its organisational structure, its statutory purpose and its activities.

Amendment 241 #

Proposal for a directive
Article 2 – paragraph 1 – point 8 c (new)

8c. 'public concerned’ means the persons affected or likely to be affected by the criminal offences within the scope of this Directive; for the purposes of this definition, persons having a sufficient interest or maintaining the impairment of a right as well as civil society organisations, including non- governmental organisations meeting any proportionate requirements under national law shall be deemed to have an interest.

Amendment 242 #

Peter POLLÁK

-1. Member States shall invest in building an effective public administration consisting of motivated and skilled civil servants as a prerequisite for a country´s sound management and key driver of growth.

Amendment 243 #

Proposal for a directive
Article 3 – paragraph 1

1. Member States, as well as the institutions, bodies, offices and agencies of the Union, shall take appropriate action, such as information and awareness-raising campaigns and research and education programmes, to raise ~~public~~ awareness among the public and private sector on the harmfulness of corruption and reduce the overall commission of corruption offences as well as the risk of corruption.

Amendment 244 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 3 – paragraph 1

1. Member States shall take appropriate action, ~~such as~~including information and awareness-raising campaigns and research and education programmes, to raise public awareness on the harmfulness of corruption and reduce the overall commission of corruption offences as well as the risk of corruption.

Amendment 245 #

Proposal for a directive
Article 3 – paragraph 2

2. Member States shall take measures to ensure the highest degree of transparency and accountability in public administration and public decision-making with a view to prevent corruption. These measures include a system of staff recruitment and promotion or assignment based on transparent and meritocratic procedures.

Amendment 246 #

Peter POLLÁK

Proposal for a directive
Article 3 – paragraph 2

2. Member States shall take measures, including creating strong fiscal institutions, to ensure the highest degree of transparency and accountability in public administration and public decision-making with a view to prevent corruption.

Amendment 247 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 3 – paragraph 2

2. Member States ~~shall take measures to ensure the highest degree of transparency and accountability in public~~, as well the institutions, bodies, offices and agencies of the Union shall, within the limits of their respective administrations and public decision- making, take measures to ensure the highest degree of integrity, transparency and accountability with a view to prevent corruption.

Amendment 248 #

Proposal for a directive
Article 3 – paragraph 2 a (new)

2a. Member States shall take the necessary measures to limit the use of trustee assignments for personnel entrusted with responsibility for oversight or verification of compliance with the law.

Amendment 249 #

Proposal for a directive
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, such as: (a) an anticorruption strategy and action plan drafted with the participation of competent authorities and civil society; (b) effective rules for the periodic and risk-based disclosure and verification of assets and interests of public officials;namely by guarenteeing the establishment of an up to date open access EU Asset Register, and other open access databases with information of public interest on a national and European level;establishing sanctions for failure to report substantial assets or interests; (c) effective rules for the disclosure and management of conflicts of interest in the public sector, including ad-hoc disclosure of new conflicts as they arise; establishing sanctions for failure to report substantial assets or interests and for those involved in the materialization of such conflicts of interest; (d) effective rules addressing the interaction between the private and the public sector, including regulation of lobbying, revolving doors situations from the private to public sector and vice-versa, proactive publication of lobby meetings, establishing a public legislative footprint, and establishing the obligation rules for those who engage in interest representation to register in transparency registers and disclose corporate membership; (e) interoperable systems for the publication and disclosure of all data listed under this Article, such as transparency registers. All data listed under this Article shall be made publicly available, updated in a timely manner, accessible in machine-readable formats and downloadable in bulk; (f) effective restrictive measures to prevent situations of revolving doors between the private and the public sector, in Member States and in EU institutions; (g) effective restrictive measures to prevent corporate lobbys and consulting companies from influencing policy decision processes when they might have conflicts of interests; effective rules on the interactions between corporate lobbys and consulting companies, including their issuing of official impact assessments or studies vis-a-vis the public sector, and preventing their privileged access to information and preventing revolving doors between them and the public sector; (h) effective measures to ban CBI and RBI schemes; (i) effective measures to guarantee that such dispositions do not restrict the work of civil society organisations, non-profit or humanitarian organisations in their advocacy work that should not be confused with corporate lobbying.

Amendment 250 #

Proposal for a directive
Article 3 – paragraph 3

3. Member States shall take measures to ensure that at least the following key preventive tools ~~such as~~are in place: (a) an open access to information of public interest, including at least the information and data listed under this paragraph; (b) 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 private sector; (c) minimum ethics standards and due diligence obligations in both the public and private sector, including effective rules addressing the interaction between the private and the public sector, rules on lobbying and revolving doors situations, proactive publication of lobby meetings, establishing a public legislative footprint, and establishing the obligation for associations, think tanks and non-profit organisations who engage in interest representation to register in transparency registers and disclose corporate membership; (d) effective rules for the disclosure and verification of assets of public officials, including through access to information contained in beneficial ownership registries, and effective rules regulating the interaction between the private and the public sector are in place.

Amendment 251 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 3 – paragraph 3

Amendment 252 #

Proposal for a directive
Article 3 – paragraph 3

3. Member States shall take measures to ensure that key preventive tools ~~such as~~are in place, such the development of national anti-corruption strategies in consultation with the relevant specialised bodies referred to in Article (4) and civil society, 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~~for the disclosure and transparency of national political parties financing.

Amendment 253 #

Proposal for a directive
Article 3 – paragraph 3

Amendment 254 #

Proposal for a directive
Article 3 – paragraph 3 – indent 1 (new)

– elimination of administrative barriers and regulatory complexity that hinder timely decision-making on citizens' requests and condition their access to information and the decision-making process;

Amendment 255 #

Proposal for a directive
Article 3 – paragraph 3 – indent 2 (new)

– effective rules for the disclosure and management of conflicts of interests in the public sector.

Amendment 256 #

Proposal for a directive
Article 3 – paragraph 3 – indent 3 (new)

– an open access to information of public interest;

Amendment 257 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 3 – paragraph 3 – indent 4 (new)

– an anticorruption strategy and action plan drafted with the participation of competent authorities and civil society

Amendment 258 #

Proposal for a directive
Article 3 – paragraph 3 a (new)

3a. Member States shall take measures to implement effective mechanisms to regulate the interaction between the private and public sectors, including interest representation.Such measures shall at least include the following provisions: a) all persons or private entities carrying out interest representation are registered in a national public register, which provides public and easily accessible information through a single gateway. b) establishing a code of conduct for public officials, including rules for their interactions with persons or private entities carrying out interest representation. c) establishing minimum required information to be publically disclosed in regards to the interaction between public officials and persons or private entities carrying out interest representation.

Amendment 259 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 3 – paragraph 3 a (new)

3a. Member States shall take measures to ensure transparency in the funding of candidatures for elected public officials and political parties, through annual reporting mechanisms laying down rules for the reporting, audit and disclosure of political party finance, and obligations to collect and publish all data on income, liabilities and expenditure for participants in election campaigns.

Amendment 260 #

Proposal for a directive
Article 3 – paragraph 3 b (new)

3b. Member States shall take measures to regulate the movement of public officials from positions of public office to positions in the same field in the private or voluntary sector in either direction. Those measures shall include restrictions on post-term employment of public officials and post-term employment of interest representatives with a period of time, as determined in national law, following the end of their mandate during which public officials and interest representatives shall not undertake employment related to their former professional activities.

Amendment 261 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 3 – paragraph 3 b (new)

3b. The institutions, bodies, offices and agencies of the Union shall take measures to ensure that key preventive tools, including at least the preventive tools listed under paragraph 3 of this Article, are in place in their respective administrations.

Amendment 262 #

Proposal for a directive
Article 3 – paragraph 3 c (new)

3c. Member States shall take measures to ensure transparency and accountability of public procurements. Such measures shall include creating a public and easily accessible national procurement register, providing standardised data, including information on all procurement contracts concluded by the public authorities.

Amendment 263 #

Proposal for a directive
Article 3 – paragraph 4 – introductory part

4. Member States shall adopt comprehensive and up-to-date measures to prevent corruption in both the public and private sectors, adapted to the specific risks of an area of activity. Such areas shall at least include common high-risk areas such as the financial sector, health, digital, agri business and pharma sector, public procurement and the construction sector. Such measures shall at least include actions to strengthen integrity and to prevent opportunities for corruption among:

Amendment 264 #

Proposal for a directive
Article 3 – paragraph 4 – introductory part

4. Member States shall adopt comprehensive and up-to-date 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~~, transparency and accountability to prevent opportunities for corruption among:

Amendment 265 #

Proposal for a directive
Article 3 – paragraph 4 – introductory part

4. Member States shall adopt comprehensive and ~~up-to-date~~periodically reviewed measures to prevent corruption in both the public and private sectors, ~~adapt~~tailored 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 266 #

Proposal for a directive
Article 3 – paragraph 4 – introductory part

4. Member States shall adopt comprehensive and ~~up-to-date~~periodically 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 267 #

Proposal for a directive
Article 3 – paragraph 4 – point a

(a) high level officials, including measures relating to the conduct to be followed during and after the performance of their public function;

Amendment 268 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 3 – paragraph 4 – point b

(b) members of law enforcement and the judiciary, including measures relating to their appointment ~~and~~, promotion, and dismissal and measues relating to conduct, and by ensuring adequate remuneration and equitable pay scales.

Amendment 269 #

Proposal for a directive
Article 3 – paragraph 4 – point b

(b) members of law enforcement and the judiciary, including measures relating to their merit-based appointment and conduct, and by ensuring adequate remuneration and equitable pay scales.

Amendment 270 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 3 – paragraph 4 – point b a (new)

(ba) Effective rules addressing the interaction between the public and private sectors, including the regulation of lobbying and the revolving door. In particular the setting of minimum standards concerning lobbying, including: (i) the concepts of lobbying, lobbyists and public officials subject to the law; (ii) common minimum information to be disclosed regarding lobbyists' meetings with officials; (iii) common minimum requirements to ensure that such information is publicly available.

Amendment 271 #

Proposal for a directive
Article 3 – paragraph 4 a (new)

4a. The institutions, bodies, offices and agencies of the Union shall put in place comprehensive and up-to-date measures to prevent corruption of Union officials, adapted to the specific risks of the areas of activity covered by their respective administrations. Such measures shall at least include actions to strengthen integrity, transparency and accountability, and to prevent opportunities for corruption among high level Union officials, including measures relating to their appointment and the conduct to be followed during and after the performance of their public function.

Amendment 272 #

Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1

Member States, as well the institutions, bodies, offices and agencies of the Union, shall regularly perform an assessment to identify the sectors most at risk of corruption.

Amendment 273 #

Proposal for a directive
Article 3 – paragraph 5 – subparagraph 1

Member States shall ~~regular~~annually perform an assessment to identify the sectors most at risk of corruption.

Amendment 274 #

Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – introductory part

Following that assessment, Member States ~~shall~~as well the institutions, bodies, offices and agencies of the Union shall, within the limits of their respective competences and mandate:

Amendment 275 #

Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b

(b) develop p~~lans to address the main risks in the sectors identified~~revention or risk management plans, in which services or acts most susceptible to bribery, exploitation or diversion of funds and personal favoritism or favoritism towards third parties are identified, as well as measures to reduce risks and ways to react to illicit practices.

Amendment 276 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
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 277 #

Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b

(b) develop anti-corruption action plans to address the main risks in the sectors identified.

Amendment 278 #

Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b a (new)

(ba) monitor that sectors identified as at risk of corruption adequately implement the actions indicated in the plans referred to in paragraph 5, point (b), and effectively apply the key preventive tools referred to in paragraph 3.

Amendment 279 #

Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b a (new)

(ba) ensure the results of the assessments are available to the public.

Amendment 280 #

Proposal for a directive
Article 3 – paragraph 5 a (new)

5a. Member States shall take appropriate measures to promote transparency and accountability in the management of public finances including the establishment of an EU Asset Registry.Member States shall, in particular, take the necessary steps to establish appropriate systems of procurement, based on transparency, competition and objective criteria in decision making. Member States shall publish information in open data formats including, but not limited to, government budgets, government spending, public procurement, voting records, permits and concessions, state subsidies, large tax benefits and , cross-border tax rulings for high-net-worth individuals.

Amendment 281 #

Proposal for a directive
Article 3 – paragraph 6

6. ~~Where appropriate, Member States shall take measures to promote the participation of~~Member States, as well the institutions, bodies, offices and agencies of the Union shall regularly involve and consult civil society, non- governmental organizations ~~and~~, community-based organizations and academia, in the development, monitoring, and assessment of anti-corruption laws and policies, and establish an enabling environment for civil society to work and have meaningful engagement in anti- corruption activities.

Amendment 282 #

Proposal for a directive
Article 3 – paragraph 6

6. Where appropriate, Member States shall take measures to promote the participation of civil society, non- governmental organizations and community-based organizations in anti- corruption activities and assessments. Member States shall establish an enabling environment for civil society to work and have meaningful engagement in anti- corruption activities.

Amendment 283 #

Proposal for a directive
Article 3 – paragraph 6

6. Where appropriate, Member States shall take measures to promote the participation of civil society, non- governmental organizations and community-based organizations in a~~nti- corruption activities~~wareness-raising campaigns with a view to prevent corruption.

Amendment 284 #

Proposal for a directive
Article 3 – paragraph 6

6. Where appropriate, Member States shall ~~take~~adopt measures to promote the participation of civil society, non- governmental organizations and community-based organizations in anti- corruption activities.

Amendment 285 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 3 – paragraph 6 a (new)

6a. Member States shall take measures to prevent corruption involving the private sector through the development of codes of conduct, enhancing accounting and auditing standards, as well as internal controls and transparency, considering external auditing, particularly in high risk sectors and promoting cooperation with law enforcement. Member States shall take the necessary measures to ensure that a specialised body as defined in Article 4 or another competent authority examines on a regular basis the declaration by a public official of assets and interests and measures such declaration against the tax declaration by the public official. If such examination reveals a property owned, possessed or controlled by the public official, which is not in accordance with the taxed revenues of the public official, the appropriate measures shall be taken in order to identify the origin of the property.

Amendment 286 #

Proposal for a directive
Article 3 – paragraph 6 a (new)

6a. Member States shall take the necessary measures to ensure that a specialised body as defined in Article 4 or another competent authority regularly examines public officials' declarations of assets and financial interests and compares these declarations with what they have declared to the tax authorities. If these examinations reveal the existence of assets undeclared by the public official, Member States shall take the appropriate measures to identify their origin.

Amendment 287 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 3 – paragraph 6 b (new)

6b. Member States shall take the necessary measures to ensure that cash contributions in excess of EUR 500 per year per donor, or other forms of support of equivalent value, made to political parties and movements are made public and include the identity of the donor, the size of the contribution or the value of the benefit or other form of support and the date of payment by means of an entry in a special register maintained at the registered office of the political party or movement, inclusion in financial statements and publication on the official website of the political party or movement.

Amendment 288 #

Proposal for a directive
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. The tasks of such bodies shall include: (a) the management of asset declarations of public officials; (b) monitoring compliance with transparency rules applicable to public officials and public entities and to the financing of political parties, and the enforcement of sanctions related to breaches of such provisions and rules; (c) monitoring compliance with the statutory provisions and rules related to conflicts of interests in the public and private sectors, and the enforcement of sanctions related to breaches of such provisions and rules; (d) the issuing of warnings related to risks of corruption; (e) cooperation with competent authorities, bodies or organizational units specialized in the repression of corruption.

Amendment 289 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall take the necessary measures to ensure that ~~one or several bodies,~~a body or organisation units specialised in the prevention of corruption is ~~or are~~ in place at national level. This specialised body or organisation unit shall have offices or delegations in the other State administrations, which shall be required to report their actions to the central specialised body or organisation unit.

Amendment 290 #

Proposal for a directive
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 291 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall take the necessary measures to ensure that one or several bodies, or organisational units specialised in the repression of corruption is or are in place. The tasks of such bodies shall include the detection, investigation and prosecution of the offences referred to in this Directive, including through evidence gathering and inter-agency cooperation, and the enforcement of sanctions.

Amendment 292 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall take the necessary measures to ensure that ~~one or sever~~a national bod~~ies,~~y or organisational units specialised in the repression of corruption is ~~or are~~ in place. This specialised body or organisational unit shall have offices or delegations in the other State administrations, which shall be required to report their actions to the central specialised body or organisation unit.

Amendment 293 #

Proposal for a directive
Article 4 – paragraph 2

2. Member States shall take the necessary measures to ensure that one or several bodies, or organisational units specialised in the repression ~~of corruption~~and investigation of corruption, including high-level corruption, is or are in place.

Amendment 294 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Member States shall take the necessary measures to ensure that an organisational unit specialised in the identification, notification, representation and coordination of victims of corruption is in place.

Amendment 295 #

Proposal for a directive
Article 4 – paragraph 3 – introductory part

3. Member States shall take the necessary measures to ensure that the body or bodies, or an organisation unit or units as referred to in paragraph 1, 2 and 2a:

Amendment 296 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 4 – paragraph 3 – point a

(a) are functionally and operationally independent from the government ~~and have~~, carry out their functions free from undue political inteferences, and are continually provided with a sufficient number of qualified staff and the financial, technical and technological resources, as well as the powers and tools necessary to ensure the effective performance and the proper administration of their tasks;

Amendment 297 #

Proposal for a directive
Article 4 – paragraph 3 – point a

(a) are functionally independent of~~rom~~ the government in accordance with the fundamental principles of the legal system of the Member State and have a sufficient number of qualified staff and the financial, technical and technological resources, as well as the powers and tools necessary to ensure the proper administration of their tasks and to implement the provisions necessary to comply with Articles 3 to 6;

Amendment 298 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 4 – paragraph 3 – point a

(a) are functionally independent from the government and have a sufficient number of qualified staff, including on the operational level, and the financial, technical and technological resources, as well as the powers and tools necessary to ensure the proper administration of their tasks;

Amendment 299 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 4 – paragraph 3 – point a

(a) are functionally independent from the government and have a sufficient number of qualified staff and the financial, technical and technological resources, as well as the powers and tools necessary to ensure the ~~prope~~fair administration of their tasks;

Amendment 300 #

Proposal for a directive
Article 4 – paragraph 3 – point a a (new)

(aa) are consulted in the process of development and formulation of a national anti-corruption strategy referred to in Article 3(3);

Amendment 301 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 4 – paragraph 3 – point a a (new)

(aa) are established by law, respect the fundamental rights, the right to a fair trial, are independent and impartial

Amendment 302 #

Proposal for a directive
Article 4 – paragraph 3 – point a b (new)

(ab) are managed by executive member or members with an adequate and sufficient term of office, ensuring functional political independence. The executive member or members shall be appointed through a transparent, open and non-discriminatory procedure in accordance with the principle of legislative oversight. The selection criteria shall be predictable and known no less than 1 year before the planned appointment.

Amendment 303 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 4 – paragraph 3 – point b a (new)

(ba) receive and process complaints related to breaches of rules on the prevention of corruption, including those adopted under the key preventing tools referred to under Article 3(3) of this Directive;

Amendment 304 #

Proposal for a directive
Article 4 – paragraph 3 – point c

(c) provide public access to relevant information on the exercise of their activities, including annual reports on their activities, with due regard for the protection of personal data and the confidentiality of investigations;

Amendment 305 #

Proposal for a directive
Article 4 – paragraph 3 – point c

(c) provide public access to ~~relevant~~ information on the exercise of their activities, with due regard for the protection of personal data, access of parties to the file and the confidentiality of investigations;

Amendment 306 #

Proposal for a directive
Article 4 – paragraph 3 – point d

(d) operate and take decisions in accordance with transparent procedures established by law, repecting the principle of equitable, impartial and independent administration of justice with the effect of ensuring integrity and accountability.

Amendment 307 #

Proposal for a directive
Article 4 – paragraph 3 – point d

(d) operate and take decisions in accordance with transparent procedures established by law~~, with the effect of ensuring integrity~~ and subject to internal oversight and accountability. mechanisms,

Amendment 308 #

Proposal for a directive
Article 4 – paragraph 3 – point d a (new)

(da) submit regular reports on their activities to the relevant executive and legislative bodies, and publish such reports on their websites, with the effect of ensuring integrity, publicity, and accountability.

Amendment 309 #

Proposal for a directive
Article 4 – paragraph 3 – point d a (new)

(da) have clear rules and protocols enabling swift and where possible automatic data sharing, within Member States and across the EU to the extent that is needed to fulfil their duties.

Amendment 310 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 4 – paragraph 3 – point d a (new)

(da) operate in line with the objective of increasing their efficiency.

Amendment 311 #

Proposal for a directive
Article 4 a (new)

Article4a Coordination of Union strategy on combating corruption 1. In order to contribute to a coordinated and consolidated Union strategy on combating corruption, Member States shall facilitate the tasks of a European Union Anti-Corruption Coordinator (‘the Coordinator’). In particular, Member States shall transmit to the Coordinator, when requested, information referred to in Article 26 of this Directive. 2. The Coordinator shall promote the effective and consistent application of this Directive and shall monitor the implementation of the provisions of Articles 3 and 4 of this Directive. 3. The Coordinator shall advise the Commission, on its own initiative or where requested by it, on the implementation of the country-specific recommendations related to combatting corruption, set out in the Commission annual Rule of Law Reports, or on national measures which might have a significant impact on their implementation.

Amendment 312 #

Proposal for a directive
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 and for the preventive measures referred to in this Directive are 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 313 #

Proposal for a directive
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 314 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
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 315 #

Proposal for a directive
Article 5 – paragraph 1

Member States shall take the necessary measures to ensure that national authorities competent for the prevention, detection, investigation, prosecution or adjudication of the criminal offences referred to in this Directive are 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)

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 317 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 6 – paragraph 1

1. Each Member State shall take the necessary measures to ensure adequate resources for and the provision of training for its national officials to be able to identify different forms of corruption and corruption risks that may occur in the exercise of their duties and to react in a fair, proportionate, timely and appropriate manner to ~~any suspicious~~potential corruption activityies.

Amendment 318 #

Proposal for a directive
Article 6 – paragraph 1

1. Each Member State shall take the necessary measures to ensure adequate resources for and the provision of training at a regular interval for its national officials to be able to identify different forms of corruption and corruption risks that may occur in the exercise of their duties and to react in a timely and appropriate manner to any suspicious activity.

Amendment 319 #

Proposal for a directive
Article 6 – paragraph 1 a (new)

1a. The institutions, bodies, offices and agencies of the Union shall take necessary measures to ensure adequate resources for and the provision of training for Union officials to be able to identify different forms of corruption and corruption risks that may occur in the exercise of their duties and to react in a timely and appropriate manner to any suspicious activity.

Amendment 320 #

Proposal for a directive
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 321 #

Proposal for a directive
Article 6 – paragraph 2

2. Each Member State shall take the necessary measures to ensure adequate resources ~~for~~ and the ~~provision of specialis~~delivery of dedicated anti-corruption training. This training should 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 322 #

Proposal for a directive
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 at regular intervals for its members of law enforcement, the judiciary and the staff of authorities tasked with admnistrative and criminal investigations and proceedings of offences falling within the scope of this Directive.

Amendment 323 #

Proposal for a directive
Article 7 – paragraph 1 – point a

(a) the promise, offer or giving, or rewarding, directly or through an intermediary, of an advantage of any kind to a public official for that official or for a third party in order for the public official to act or refrain from acting in accordance with his duty or in the exercise of that official’s functions (active bribery);

Amendment 324 #

Proposal for a directive
Article 7 – paragraph 1 – point a

(a) the unequivocal promise, offer or giving, directly or through an intermediary, of an advantage of any kind to a public official for that official or for a third party in order for the public official to act or refrain from acting in accordance with his duty or in the exercise of that official’s functions (active bribery);

Amendment 325 #

Proposal for a directive
Article 7 – paragraph 1 – point a

(a) the promise, offer or giving, directly or through an intermediary, of an undue advantage of any kind to a public official for that official or for a third party in order for the public official to act or refrain from acting in accordance with his duty or in the exercise of that official’s functions (active bribery);

Amendment 326 #

Proposal for a directive
Article 7 – paragraph 1 – point b

(b) the request or receipt by a public official, directly or through an intermediary, of an undue advantage of any kind or the request or acceptance of a promise of such an undue advantage for that official or for a third party, in order for the public official to act or to refrain from acting in accordance with his duty or in the exercise of that official’s functions (passive bribery).

Amendment 327 #

Proposal for a directive
Article 7 – paragraph 1 – point b

(b) the request or receipt by a public official, directly or through an intermediary, of an undue advantage of any kind or acceptance of an offer or the promise of such an advantage for that official or for a third party, in order for the public official to act or to refrain from acting in accordance with his duty or in the exercise of that official’s functions (passive bribery).

Amendment 328 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 7 – paragraph 1 – point b

(b) the request or receipt by a public official, directly or through an intermediary, of an advantage of any kind or the unequivocal acceptance of a promise of such an advantage for that official or for a third party, in order for the public official to act or to refrain from acting in accordance with his duty or in the exercise of that official’s functions (passive bribery).

Amendment 329 #

Proposal for a directive
Article 7 – paragraph 1 – point b a (new)

(ba) The fact that a public official takes up, receives or retains, directly or indirectly, an interest in an undertaking or transaction undermining his or her impartiality, independence or objectivity for which, at the time of the event, he or she is wholly or partly responsible for the supervision, administration, liquidation or payment.

Amendment 330 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 7 – paragraph 1 – point b b (new)

(bb) The fact that a public official, in the course of his or her duties relating either to the supervision and/or control of a private undertaking, or to the conclusion of contracts of any kind with a private undertaking or to the giving of an opinion on such contracts, or to having proposed directly to the competent authority decisions relating to the operations carried out by a private undertaking or to having given an opinion on such decisions, acquired or received an interest by way of employment, advice or capital in one of those undertakings before the expiry of a period of three years from the date on which those duties ceased.

Amendment 331 #

Proposal for a directive
Article 8 – paragraph 1 – point a

(a) the promise, offer or giving, directly or through an intermediary, an undue advantage of any kind to a person who in any capacity directs or works for a private-sector entity, for that person or for a third party, in order for that person to act or to refrain from acting, in breach of that person’s duties, when such breach of duty involves, or could involve, a distortion of competition in relation to the purchase of goods or commercial services, a serious damage to the private-sector entity, or a harm to consumers (active bribery);

Amendment 332 #

Proposal for a directive
Article 8 – paragraph 1 – point a

(a) the unequivocal promise, offer or giving, directly or through an intermediary, an undue advantage of any kind to a person who in any capacity directs or works for a private-sector entity, for that person or for a third party, in order for that person to act or to refrain from acting, in breach of that person’s duties as foreseen in the national primary legislation (active bribery);

Amendment 333 #

Proposal for a directive
Article 8 – paragraph 1 – point a

(a) the promise, offer or giving, or rewarding directly or through an intermediary, an undue advantage of any kind to a person who in any capacity directs or works for a private-sector entity, for that person or for a third party, in order for that person to act or to refrain from acting, in breach of that person’s duties (active bribery);

Amendment 334 #

Proposal for a directive
Article 8 – paragraph 1 – point b

(b) the request or receipt by a person, directly or through an intermediary, of an undue advantage of any kind or the request or acceptance of the promise of such an advantage, for that person or for a third party, while in any capacity directing or working for a private- sector entity, to act or to refrain from acting, in breach of that person’s duties, when such breach of duty involves a distortion of competition in relation to the purchase of goods or commercial services, a significant damage to the private-sector entity, or a harm to consumers (passive bribery).

Amendment 335 #

Proposal for a directive
Article 8 – paragraph 1 – point b

(b) the request or receipt by a person, directly or through an intermediary, of an undue advantage of any kind or the acceptance of an unequivocal promise of such an advantage, for that person or for a third party, while in any capacity directing or working for a private- sector entity, to act or to refrain from acting, in breach of that person’s duties as foreseen in the national primary legislation (passive bribery).

Amendment 336 #

Proposal for a directive
Article 8 – paragraph 1 – point b

(b) the request or receipt by a person, directly or through an intermediary, of an undue advantage of any kind or the acceptance of an offer or the promise of such an advantage, for that person or for a third party, while in any capacity directing or working for a private- sector entity, to act or to refrain from acting, in breach of that person’s duties (passive bribery).

Amendment 337 #

Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally and in breach of duty resulting in a financial damage:

Amendment 338 #

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) the committing, disbursing, appropriation or use by a public official of property whose management is directly or indirectly entrusted to him ~~contrary to the purpose for which it was intended~~in breach of their duty to safeguard the pecuniary interests of another which are incumbent upon them by reason of law, by commission of an authority, legal transaction or fiduciary relationship;

Amendment 339 #

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) the committing, disbursing, appropriation or use by a public official of property whose management is directly or indirectly entrusted to him contrary to the purpose for which it was intended, when such conduct involves a serious damage to the public administration;

Amendment 340 #

Proposal for a directive
Article 9 – paragraph 1 – point a

Amendment 341 #

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) the committing, disbursing, appropriation or use, in the course of economic, financial, business or commercial activities, by a person who directs or works, in any capacity, in a private sector entity, of any property whose management is directly or indirectly entrusted to him contrary to the purpose for which it was intended, when such conduct involves a serious damage to the private sector entity.

Amendment 342 #

Proposal for a directive
Article 9 – paragraph 1 – point b

Amendment 343 #

Proposal for a directive
Article 9 – paragraph 1 a (new)

Member States shall take the necessary measures to ensure that the conduct defined in Article 9(1) is punishable as a criminal offence, when committed recklessly or with gross negligence on condition that: (a) the property concerned qualifies as public asset in accordance with the legislation of the Member State;and (b) such conduct results in loss of economic wealth or in the decrease of the value of the property.

Amendment 344 #

Proposal for a directive
Article 10 – paragraph 1 – point a

(a) the promise, offer or giving, directly or through an intermediary, of an undue advantage of any kind to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining a public official to act or refrain from acting in accordance with is duties, or to obtaining an undue advantage from a public official;

Amendment 345 #

Proposal for a directive
Article 10 – paragraph 1 – point a

(a) the unequivocal promise, offer or giving, directly or through an intermediary, of an undue advantage of any kind to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining an undue advantage from a public official;

Amendment 346 #

Proposal for a directive
Article 10 – paragraph 1 – point a

(a) the promise, offer or giving, directly or through an intermediary, of an undue advantage of any kind to a person or a third party in order for that person to exert ~~real or supposed~~ influence with a view to obtaining an undue advantage from a public official;

Amendment 347 #

Proposal for a directive
Article 10 – paragraph 1 – point b

(b) the request or receipt, directly or through an intermediary, of an undue advantage of any kind or the request or acceptance of a promise of such an advantage to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining a public official to act or refrain from acting in accordance with his duties, or to obtaining an undue advantage from a public official.

Amendment 348 #

Proposal for a directive
Article 10 – paragraph 1 – point b

(b) the request or receipt, directly or through an intermediary, of an undue advantage of any kind or the unequivocal acceptance of a promise of such an advantage to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining an undue advantage from a public official.

Amendment 349 #

Proposal for a directive
Article 10 – paragraph 1 – point b

(b) the request or receipt, directly or through an intermediary, of an undue advantage of any kind or the promise of such an advantage to a person or a third party in order for that person to exert ~~real or supposed~~ influence with a view to obtaining an undue advantage from a public official.

Amendment 350 #

Proposal for a directive
Article 10 – paragraph 1 – point b a (new)

(ba) the promise of a future job, contract or consultancy/advisery position, usually referred to as revolving doors, with a view to obtain an undue access and advantage from the public sector.

Amendment 351 #

Proposal for a directive
Article 10 – paragraph 2

2. In order for the conduct referred to in paragraph 1 to be punishable as a criminal offence, it shall be irrelevant whether or not the influence is exerted ~~or whether or not the supposed influence leads to the intended results~~.

Amendment 352 #

Proposal for a directive
Article 11

Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: 1. the performance of or failure to perform an act, in violation of laws, by a public official in the exercise of his functions for the purpose of obtaining an undue advantage for that official or for a third party; 2. the performance of or failure to perform an act, in breach of duties, by a person who in any capacity directs or works for a private-sector entity in the course of economic, financial, business or commercial activities for the purpose of obtaining an undue advantage for that person or for a third party.Article 11 deleted Abuse of functions

Amendment 353 #

Proposal for a directive
Article 11 – paragraph 1 – point 1

1. the performance of or failure to perform an act, in violation of laws, by a public official in the exercise of his functions for the purpose of obtaining an undue advantage for that official or for a third party or causes damage of more than 10,000 euros or a severe violation of the legitimate rights or interests of a natural or legal person;

Amendment 354 #

Proposal for a directive
Article 11 – paragraph 1 – point 1

1. the performance of or failure to perform an act, in violation of laws, by a public official in the exercise of his functions for the purpose of obtaining an undue advantage of any nature for that official or for a third party;

Amendment 355 #

Proposal for a directive
Article 11 – paragraph 1 – point 2

2. the performance of or failure to 2. perform an act, in violation of laws or in breach of duties, by a person who in any capacity directs or works for a private- sector entity in the course of economic, financial, business or commercial activities for the purpose of obtaining an undue advantage for that person or for a third party. In the private sector, a conduct resulting in a violation of laws or breach of duty shall constitute an abuse of functions pursuant to this article only when such breach involves, or could involve, a distortion of competition in relation to the purchase of goods or commercial services, a significant damage to the private-sector entity concerned, or a harm to consumers.

Amendment 356 #

Proposal for a directive
Article 11 – paragraph 1 – point 2

2. the performance of or failure to perform an act, in breach of duties as foreseen by the primary national legislation, by a person who in any capacity directs or works for a private- sector entity in the course of economic, financial, business or commercial activities for the purpose of obtaining an undue advantage for that person or for a third party or causes damage of more than 10,000 euros or a severe violation of the legitimate rights or interests of a natural or legal person.

Amendment 357 #

Proposal for a directive
Article 11 – paragraph 1 – point 2

2. the performance of or failure to perform an act, in breach of duties, by a person who in any capacity directs or works for a private-sector entity in the course of economic, financial, business or commercial activities for the purpose of obtaining an undue advantage of any nature for that person or for a third party.

Amendment 358 #

Proposal for a directive
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, conceal, 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 359 #

Proposal for a directive
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 360 #

Proposal for a directive
Article 12 – paragraph 1 – point 1

1. the use, directly or through an intermediary, of inducements, physical force, threats or intimidation or the promise, offering or giving of an advantage to induce false testimony 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 361 #

Proposal for a directive
Article 12 – paragraph 1 – point 1

1. the use, directly or through an intermediary, of physical force, threats or intimidation or the unequivocal promise, offering or giving of an advantage to induce false testimony 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 362 #

Proposal for a directive
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 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~~corruption offences;

Amendment 363 #

Proposal for a directive
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)

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 365 #

Proposal for a directive
Article 12 – paragraph 1 – point 2

2. the use, directly or through an intermediary, of physical force, threats or intimidation to interfere in the exercise of official duties by a person holding a judicial office or a member of law enforcement, or other categories of public officials whose role is to produce accurate evidence and testimony concerning any of the offences referred to in Article 7 to 11, 13 and 14.

Amendment 366 #

Proposal for a directive
Article 12 – paragraph 1 – point 2

2. the use, directly or through an intermediary, of physical force, threats or intimidation to interfere in the exercise of official duties by a person holding a judicial office or a member of law enforcement concerning ~~any of the offences referred to in Article 7 to 11, 13 and 14~~corruption offences.

Amendment 367 #

Proposal for a directive
Article 12 – paragraph 1 – point 2 a (new)

2a. the destruction, alteration, concealment or falsification of evidence with the intent to interfere in a proceeding concerning corruption offences.

Amendment 368 #

Proposal for a directive
Article 12 – paragraph 1 a (new)

the unauthorized access to, alteration, deletion, or tampering 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 369 #

Proposal for a directive
Article 12 – paragraph 1 b (new)

The act of deliberately 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 370 #

Proposal for a directive
Article 12 a (new)

Article12a Illicit political financing Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: 1. the promise, offer or giving, directly or through an intermediary, of financial contributions of substantial amount in favour of persons holding presidential, secretarial, political or administrative management positions within political parties or elected into parliaments or governments on regional, national, European and international level or organisations actively campaigning in favour of one specific political party, in violation of applicable laws on political financing, or of applicable transparency rules; 2. the request or receipt, directly or through an intermediary, by persons holding presidential, secretarial, political or administrative management positions within political parties or elected into parliaments or governments on regional, national, European and international level or organisations actively campaigning in favour of one specific political party, of financial contributions of substantial amount in violation of laws on political financing, or of applicable transparency rules.

Amendment 371 #

Proposal for a directive
Article 12 a (new)

Article12a Registry of Assets 1. The Union and Member States shall establish a complete registry of beneficial ownerships to a full set of financial and non-financial assets, such as cash, art, gold or other valuables held at free ports, customs warehouses or safe deposit boxes, yachts and private jets. 2. The European Commission shall publish a directive by 2024 in order to create an EU Asset Register building on the Member States network of registries.

Amendment 372 #

Proposal for a directive
Article 13

Enrichment from corruption offences Member States shall take the necessary measures to ensure that the intentional acquisition, possession or use by a public official of property that that official knows is derived from the commission of any of the offences set out in Articles 7 to 12 and 14, is punishable as a criminal offence, irrespective of whether that official was involved in the commission of that offence.Article 13 deleted

Amendment 373 #

Proposal for a directive
Article 13 – paragraph 1

Member States shall take the necessary measures to ensure that the ~~intentional~~ receipt, acquisition, possession or use, by a public official o~~f property that that official knows~~r by any natural or legal persons, of property that that official or person, knows or ought to have known is derived from the commission of any of the offences set out in Articles 7 to 12a and 14, is punishable as a criminal offence, irrespective of whether that official was involved in the commission of that offence. When determining whether the property is derived from the offences set out in Articles 7 to 12a and 14, account shall be taken of all the circumstances of the case, including the specific facts and available evidence, such as that the value of the property is substantially disproportionate to the lawful income of the owner of the property.

Amendment 374 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 13 – paragraph 1

Member States shall take the necessary measures to ensure that the intentional acquisition, possession or use by a public official of property that that official knows is derived from the commission of any of the offences set out in Articles 7 to 12 and 14, is punishable as a criminal offence,. This is applicable irrespective of whether thate official was directly involved in the commission of that offence.

Amendment 375 #

Proposal for a directive
Article 13 a (new)

Article13a Liability for serious negligence The conduct referred to in Articles 7 to 13 shall constitute a criminal offence when committed with serious negligence.

Amendment 376 #

Proposal for a directive
Article 14 – paragraph 3

~~3. Member States shall take the necessary measures to ensure that attempting any of the offences referred to in Articles 9 and 11 to 13 is punishable as a criminal offence.~~deleted

Amendment 377 #

Proposal for a directive
Article 15 – paragraph 1

1. Member States shall take the necessary measures to ensure that the criminal offences referred to in Articles 7 to 14 are punishable by effective, proportionate and dissuasive criminal penalties. Member States shall take the necessary measures to ensure that principles such as the rights to a fair trial, including proper rights of defence, presumption of innocence, the independence and impartiality of the judiciary, as well as the principle of “no punishment without law” are at all times respected.

Amendment 378 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 15 – paragraph 2 – point a

(a) the criminal offences referred to in Article 7, 12 and 12a are punishable by a maximum term of imprisonment of at least sixeven years. Offences referred to in Article 7 which have been committed to obtain a legal act shall be punishable by a maximum term of imprisonment of at least five years,;

Amendment 379 #

(a) the criminal offences referred to in Article 7 and 12 are punishable by a maximum term of imprisonment of at least ~~six~~eight years;

Amendment 380 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 15 – paragraph 2 – point b

(b) the criminal offences referred to in Article 8 to 11 are punishable by a maximum term of imprisonment of at least fiseven years; and

Amendment 381 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 15 – paragraph 2 – point c

(c) the criminal offence referred to in Article 13 is punishable by a maximum term of imprisonment of at least ~~four~~six years.

Amendment 382 #

Proposal for a directive
Article 15 – paragraph 4 – point a

(a) fines proportionate to the gravity and duration of the offence, and of the damage caused, as well as to the financial benefits accrued by committing the offence;

Amendment 383 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 15 – paragraph 4 – point c – point iii a (new)

(iiia) holding a leading position within a legal person of the type used for committing the offence;

Amendment 384 #

Proposal for a directive
Article 15 – paragraph 4 – point d

(d) deprivation of the right to stand for elections~~, proportionate to the seriousness of the offence committed; and~~;

Amendment 385 #

Proposal for a directive
Article 15 – paragraph 4 – point f

(f) exclusions from access to public funding, including tender procedures, grants and concessions and licences;

Amendment 386 #

Proposal for a directive
Article 15 – paragraph 4 – point f a (new)

(fa) national or Union- wide publication of the judicial decision relating to the conviction or any sanctions or measures applied, including by referring them to relevant Union institutions;

Amendment 387 #

Proposal for a directive
Article 15 – paragraph 4 a (new)

4a. Member States shall take the necessary measures to enable courts or other competent authorities to take into account the gravity of the offences concerned when considering the eventuality of suspended sentences, early release, parole or the pardoning of persons convicted of such offences.

Amendment 388 #

Proposal for a directive
Article 15 – paragraph 4 a (new)

4a. Member States shall take into account the gravity of the offences concerned when considering the eventuality of suspended sentences, early release, parole or the pardoning of persons convicted of such offences.

Amendment 389 #

Javier ZARZALEJOS, Manfred WEBER, Dolors MONTSERRAT, Paulo RANGEL, Nuno MELO

Proposal for a directive
Article 15 a (new)

Article15a Prohibition of pardons and amnesties Member States shall take the necessary measures to prohibit any pardon for the benefit of those who have been held liable for any of the criminal offences referred to in Articles 7 to 14 and to prohibit any amnesty for any of the criminal offences referred to in Articles 7 to 14.

Amendment 390 #

Proposal for a directive
Article 16 – paragraph 1 a (new)

1a. Member States shall take the necessary measures to ensure that legal persons can be also be held liable for any of the criminal offences referred to in Articles 7 to 14, when such offences are committed for the benefit of those legal persons by any natural person performing services, in any capacity, for or on behalf of the legal person or its subsidiaries.

Amendment 391 #

Proposal for a directive
Article 16 – paragraph 2

2. Member States shall take the necessary measures to ensure that legal persons can be held liable where the lack of effective supervision or control by a person referred to in paragraph 1 has made possible the commission, including by any of the persons under his authority, of any of the criminal offences referred to in Articles 7 to 14 for the benefit of that legal person.

Amendment 392 #

Proposal for a directive
Article 17 – paragraph 1

1. Member States shall take the necessary measures to ensure that a legal person held liable for criminal offences pursuant to Article 16 are punishable by effective, proportionate and dissuasive sanctions. The level of sanctions shall be proportionate and adapted to reflect the degree of severity and duration of the offence, and of the damage caused.

Amendment 393 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 17 – paragraph 2 – point a

(a) criminal or non-criminal fines, twhich are proportionate and commensurate to the gravity of the offence. The maximum limit of ~~which should~~such fines shall not be less than twice the gross gain, or twice the gross loss, caused by the offence, or 5 percent of the total worldwide turnover of the legal person, including related entities, in the business year preceding the decision imposing the fine;

Amendment 394 #

Proposal for a directive
Article 17 – paragraph 2 – point a

(a) criminal or non-criminal fines, the maximum limit of which should not be less than 510 percent of the total worldwide turnover of the legal person, including related entities, in the business year preceding the decision imposing the fine;

Amendment 395 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 17 – paragraph 2 – point f

(f) the ~~possibility for public authorities to annul or rescind a contract~~annulment or rescinding of the contract concluded and the assignments conferred with them, in the context of which the offence was committed;

Amendment 396 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 17 – paragraph 2 – point i a (new)

(ia) the publication of all or part of the judicial decision that relates to the criminal offence committed and the sanctions or measures imposed, where there is a public interest, without prejudice to rules on privacy and the protection of personal data.

Amendment 397 #

Proposal for a directive
Article 17 – paragraph 2 – point i a (new)

(ia) national or Union- wide publication of the judicial decision relating to the conviction or any sanctions or measures applied, including by referring them to relevant Union institutions.

Amendment 398 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 17 – paragraph 2 a (new)

2a. Member States shall take the necessary measures to establish effective and transparent non-trial resolutions processes that competent authorities can enter into with a legal person for any of the offences referred to in Articles 7 to 14.For this purpose, Member States shall at least specify: (a) the circumstances in which non-trial resolutions shall not be allowed.These circumstances shall at least include cases of grand corruption, or cases where the legal person, its parent entities, or subsidiary entities, have been priorly convicted, or entered into a non-trial resolution, for any of the offences referred to in Articles 7 to 14, or their equivalent, in any Member State or third country; (b) the applicable fines, in line with Article 17(2), point (a). Member States shall take the necessary measures to ensure that the appplication of non-trial resolutions processes shall not automatically exclude criminal or administrative liability in any other jurisdiction, and it shall be without prejudice to cooperation with competent authorities from other relevant jurisdictions, subject to the applicability of the ne bis in idem principle.

Amendment 399 #

Proposal for a directive
Article 18 – paragraph 1 – point a

(a) the offen~~der i~~ce involves a high level official or constitutes high level corruption;

Amendment 400 #

Proposal for a directive
Article 18 – paragraph 1 – point b

(b) the offender, including parent entities or subsidiary entities if the offender is a legal person, has been convicted before of an offence referred to Articles 7 to 14, in a Member State or equivalent offences in a third country;

Amendment 401 #

Proposal for a directive
Article 18 – paragraph 1 – point c

(c) the offender obtained a ~~substantial benefit or the offence caused substantial damag~~benefit and/or unjustified advantage, or the offence caused quantifiable damage, where this is not the act constituting the offence;

Amendment 402 #

Proposal for a directive
Article 18 – paragraph 1 – point c a (new)

(ca) the offender took advantage of the vulnerable situation of a person involved in the commission of the offence;

Amendment 403 #

Proposal for a directive
Article 18 – paragraph 1 – point c b (new)

(cb) the offender resorted to ingenious deception or instrumentalisation of public officials in the perpetration of the offence;

Amendment 404 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 18 – paragraph 1 – point e a (new)

(ea) the offender actively obstructs inspection, or investigation activities, tampers or destroys evidence, or intimidates or interferes with witnesses or complainants;

Amendment 405 #

Proposal for a directive
Article 18 – paragraph 1 – point g a (new)

(ga) the offender actively obstructs the inspections, investigation activities, destroys evidence, intimidates or interferes with witnesses or complainants;

Amendment 406 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 18 – paragraph 1 – point g b (new)

(gb) the offender does not provide assistance to enforcement authorities when legally required;

Amendment 407 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 18 – paragraph 1 – point g c (new)

(gc) in the case of legal persons, the offence was committed by a person having a leading positons within the legal person concerned.

Amendment 408 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 18 – paragraph 2 – point b

(b) where the offender is a legal person and it has implemented effective internal controls, ethics awareness, and compliance programmes to prevent corruption prior to or after the commission of the offence; andeleted

Amendment 409 #

Proposal for a directive
Article 18 – paragraph 2 – point b

(b) where the offender is a legal person and it has implemented effective internal controls, prevention tools, ethics awareness, and compliance programmes to prevent corruption prior to ~~or after~~ the commission of the offence; and

Amendment 410 #

Proposal for a directive
Article 19 – paragraph 1

Member States ~~shall take the necessary measures to ensure that~~, as well as the Union institutions, offices, agencies and bodies shall take the necessary measures to ensure that, with regard to their respective administrations, privileges or immunities from investigation and prosecution granted to ~~national~~public officials, for the offences referred to in this Directive: a) are limited to acts carried out in the performance of official duties; b) only apply to acts carried out during a person's term in office or period of service as a public official;and c) can be lifted through an objective, impartial, effective and transparent process pre-established by law, based on clear criteria, ~~and~~ that is concluded within a reasonable timeframe. , and that is subject to review by the public concerned, subject to proportionality requirements as provided under national law.

Amendment 411 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 19 – paragraph 1

Member States shall take the necessary measures to ensure that privileges or immunities from investigation and prosecution granted to national officials for the offences referred to in this Directive can be lifted through an objective, impartial, effective and transparent process pre-established by law, based on clear criteria, and that is concluded within a reasonable timeframe. Such privileges and immunities shall: (a) be limited to acts carried out in the performance of official duties; (b) only apply to acts carried out during a person's term in office or period of service as a public official;and (c) be lifted through an objective, impartial, effective and transparent process pre-established by law, based on clear criteria, and that is concluded within a reasonable timeframe.

Amendment 412 #

Proposal for a directive
Article 19 – paragraph 1

Member States shall take the necessary measures to ensure that privileges or immunities from investigation and prosecution granted to national officials for the offences referred to in this Directive can be lifted, either at the national official's own initiative or through an objective, impartial, effective and transparent process pre-established by law, based on clear criteria, and that is concluded within a reasonable timeframe. Member States shall take the necessary measures to ensure that privileges and immunities accorded to public officials shall not be applicable in instances of investigation and prosecution of cases involving high level corruption.

Amendment 413 #

Proposal for a directive
Article 19 – paragraph 1 a (new)

Member States shall take the necessary measures to ensure that there is no personal immunity from investigation and prosecution granted to high level officials for corruption offences committed through legal persons or arrangements that are personal asset-holding vehicles.

Amendment 414 #

Proposal for a directive
Article 19 – paragraph 1 b (new)

Member States shall take the necessary measures to ensure that in cases of grand corruption, personal immunity is not granted to high level officials of the investigating or prosecuting Member State if the criminal offence concerns goods, services, transactions or activities of a value of at least EUR 10 000 000. In cases of grand corruption involving high level officials from another Member State, Member States shall take the necessary measures to ensure that personal immunity is not granted to such officials if the criminal offence concerns goods, services, transactions or activities of a value of at least EUR 10 000 000.

Amendment 415 #

Proposal for a directive
Article 19 – paragraph 1 c (new)

Member States, as well as EU institutions, offices, agencies and bodies shall take necessary measures to establish procedures through which a public official accused of an offence as referred to in this Directive may, where appropriate, be removed, suspended or reassigned by the competent authority, without prejudice to the principle of presumption of innocence.

Amendment 416 #

Proposal for a directive
Article 19 a (new)

Article 19a Equality before the law Member States shall take the necessary measures to uphold the principle of equality before the law, and ensure compliance therewith, in relation to the offences referred to in this Directive, by means of: 1) the prohibition of granting general pardons; 2) the restrictive and duly justified interpretation of the possibility of granting individual pardons; 3) the prohibition of the adoption of amnesty laws.

Amendment 417 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 20 – paragraph 1 – point b a (new)

(ba) an offender who, at the time of the offence, was subject to the Staff Regulations or the Conditions of Employment of Other Servants, provided that a Member State has jurisdiction over such offences when they are committed outside its territory;

Amendment 418 #

Proposal for a directive
Article 20 – paragraph 1 – point c a (new)

(ca) the offence is committed in any Member State and is a case of high level corruption.

Amendment 419 #

Proposal for a directive
Article 20 – paragraph 1 – point c a (new)

(ca) the offence is committed in any Member State, in the case of grand corruption.

Amendment 420 #

Proposal for a directive
Article 20 – paragraph 1 – point c a (new)

(ca) the offence is committed in any Member State, in the case of grand corruption.

Amendment 421 #

Proposal for a directive
Article 21 – paragraph 2

2. The limitation period referred to in paragraph 1 shall not be shorter than: (a) fifteen years from the time when the offence was committed, for the criminal offences referred to in Articles 7 and 12; (b) ten years from the time when the offence was committed, for the criminal offences referred to in Articles 8 to 11; (c) eight years from the time when the offence was committed, for the criminal offences referred to in Articles 13 and 14.deleted

Amendment 422 #

Proposal for a directive
Article 21 – paragraph 2 – point a

(a) fifteen years from the time when the offence was committed, for the start of the prosecution of the criminal offences referred to in Articles 7 and 12;

Amendment 423 #

Proposal for a directive
Article 21 – paragraph 2 – point b

(b) ten years from the time when the offence was committed, for the start of the prosecution of the criminal offences referred to in Articles 8 to 11;

Amendment 424 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 21 – paragraph 2 – point c

(c) eight years from the time when the offence was committed, for the start of the prosecution of the criminal offences referred to in Articles 12a, 13 and 14.

Amendment 425 #

Proposal for a directive
Article 21 – paragraph 2 a (new)

2a. Member States shall take the necessary measures to ensure that the limitation period referred to in paragraph 1 is suspended from the date of issuance of the conviction concluding the first instance of the proceedings or of the conviction order, until the effective date of the judgment concluding the proceedings or the date on which the sentencing order becomes final.

Amendment 426 #

Proposal for a directive
Article 21 – paragraph 3

3. By way of derogation from paragraph 2, Member States may establish a shorter limitation period, provided that the period may be interrupted or suspended in the event of specified acts and that the applicable rules on the suspension and limitation periods do not hamper the effectiveness of the judicial process and the dissuasive application of penalties. This period shall not be shorter than: (a) ten years for the criminal offences referred to in Articles 7 and 12; (b) eight years for the criminal offences referred to in Articles 8 to 11; (c) five years for the criminal offences referred to in Articles 13 and 14.deleted

Amendment 427 #

Proposal for a directive
Article 21 – paragraph 3 – introductory part

Amendment 428 #

Proposal for a directive
Article 21 – paragraph 3 – point a

(a) ten years for the start of the prosecution of the criminal offences referred to in Articles 7 and 12;

Amendment 429 #

Proposal for a directive
Article 21 – paragraph 3 – point b

(b) eight years for the start of the prosecution of the criminal offences referred to in Articles 8 to 11;

Amendment 430 #

Proposal for a directive
Article 21 – paragraph 3 – point c

Amendment 431 #

Proposal for a directive
Article 21 – paragraph 4

4. Member States shall take the necessary measures to enable the enforcement of a penalty of imprisonment following a final conviction for at least: (a) fifteen years from the date of the final conviction for any of the criminal offences referred to in Articles 7 and 12; (b) ten years from the date of the final conviction for any of the criminal offences referred to in Articles 8 to 11; (c) eight years from the date of the final conviction for any of the criminal offences referred to in Articles 13 and 14.deleted

Amendment 432 #

Proposal for a directive
Article 21 – paragraph 4 – point c

(c) eight years from the date of the final conviction for any of the criminal offences referred to in Articles 12a, 13 and 14.

Amendment 433 #

Proposal for a directive
Article 21 – paragraph 5

5. By way of derogation from paragraph 4, Member States may establish a shorter limitation period, provided that the period may be interrupted or suspended in the event of specified acts and that the applicable rules on the suspension and limitation periods do not hamper the effectiveness of the judicial process and the dissuasive application of penalties. This period shall not be shorter than: (a) ten years from the date of the final conviction for any of the criminal offences referred to in Articles 7 and 12; (b) eight years from the date of the final conviction for any of the criminal offences referred to in Articles 8 to 11; (c) five years from the date of the final conviction for any of the criminal offences referred to in Articles 13 and 14.deleted

Amendment 434 #

Proposal for a directive
Article 21 – paragraph 5 – point c

(c) five years from the date of the final conviction for any of the criminal offences referred to in Articles 12a, 13 and 14.

Amendment 435 #

Proposal for a directive
Article 21 – paragraph 5 a (new)

5a. Member States shall take the necessary measures to ensure that no limitation period shall apply if an offence is classified as grand corruption.

Amendment 436 #

Proposal for a directive
Article 21 – paragraph 5 a (new)

5a. Member States shall take the necessary measure to ensure that no limitation period applies to offences that qualify as grand corruption.

Amendment 437 #

Proposal for a directive
Article 22 – paragraph 1

1. Member States shall take the necessary measures to ensure that Directive (EU) 2019/1937 is applicable to the reporting of the offences referred to in Articles 7 to 14 and the protection of persons reporting, including whistleblowers and investigative journalists, such offences.

Amendment 438 #

Proposal for a directive
Article 22 – paragraph 1

1. Member States shall ~~take the necessary measures to~~ ensure that Directive (EU) 2019/1937 is ~~applicable~~granted to the reporting of the offences referred to in Articles 7 to 14 and the protection of persons reporting such offences.

Amendment 439 #

Proposal for a directive
Article 22 – paragraph 2

2. In addition to the measures referred to in paragraph 1, Member States shall ensure that persons reporting offences referred to in this Directive and providing evidence or otherwise cooperating with the investigation, prosecution or adjudication of such offences are provided the necessary protection, support and assistance in the context of criminal proceedings, and their right to a fair trial is respected.

Amendment 440 #

2a. Member States shall create instruments in accordance with their national legal system to enable persons to anonymously report offences covered by this Directive, where such instruments do not yet exist.

Amendment 441 #

Proposal for a directive
Article 23 – paragraph 1

Member States shall take the necessary measures to ensure that effective investigative tools, 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~~including those listed in Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters, or those used in the area of financial crime, such as the single access point to bank account registries in accordance with the Directive (EU) 2019/1153 or other tools, such as a EU Asset Register,which help to obtain company information to detect the beneficial ownership are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in this Directive. Member States shall ensure that all specialised bodies, as referred to in Article 4, have direct access to SIENA and use the SIENA system for exchanging information in cross-border investigations.

Amendment 442 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 23 – paragraph 1

Member States shall take the necessary measures to ensure that effective investigative tools, 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. Member States shall take all necessary measures to ensure the right to a fair trial and remedy, the right to defence and the presumption of innocence are at all times respected.

Amendment 443 #

Proposal for a directive
Article 23 – paragraph 1

Member States shall take the necessary measures to ensure that effective investigative tools, 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. These tools shall also include the use of wiretapping or electronic devices and the possibility of conducting undercover police operations.

Amendment 444 #

Caterina CHINNICI, Ramona STRUGARIU

Proposal for a directive
Article 23 – paragraph 1

Member States ~~shall~~must 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.

Amendment 445 #

Proposal for a directive
Article 23 – paragraph 1 a (new)

Member States shall take the necessary measures to ensure that their competent authorities freeze or confiscate, as appropriate, in accordance with Directive [OP: please insert the reference to Directive on asset recovery and confiscation COM(2022) 245 final] , the proceeds derived from the commission or contribution to the commission of any of the offences referred to in this Directive.

Amendment 446 #

Proposal for a directive
Article 23 – paragraph 1 a (new)

To ensure the effective use of these tools, Member States shall promote and facilitate the continuous training and skill development of personnel responsible for combating corruption. This shall include familiarising them with new and emerging corruption tactics, and the corresponding investigative techniques.

Amendment 447 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 23 a (new)

Article23a Rights of Victims Rights of victims and compensation for damage 1. Member States shall protect and enable victims to have their views and concerns presented and considered at appropriate stages during criminal proceedings against offenders, in a manner that is not prejudicial to the rights of the defence. 2. Member States shall take the necessary measures to ensure that the rights afforded to victims under Directive 2012/29/EU are also applicable to the victims of corruption, and to ensure that any victim of corruption: (a) is identified and notified of their status as a victim of corruption at the earliest possible opportunity; (b) without prejudice to Art. 11(5) of Directive 2012/29/EU, has the right to a review of a decision not to prosecute or a decision to enter into a non-trial resolution; (c) has the right to satisfaction including, but not limited to, an acknowledgement of the breach, an expression of regret, a formal apology or another appropriate modality; (d) has the right to a guarantee of non- repetition; and (e) is entitled to injunctive relief where applicable. 3. Member States shall ensure that any qualified public interest entity may, as a representative of the interests of victims of corruption and in accordance with national law, take action before the courts or competent administrative bodies to ensure that their rights under paragraph 2 are protected. 4. Member States shall take such measures as necessary to ensure that entities or persons who have suffered damage as a result of an act of corruption have the right to initiate legal proceedings against those responsible for that damage in order to obtain compensation.

Amendment 448 #

Proposal for a directive
Article 23 a (new)

Article23a Victims compensation 1. Member States shall take measures to ensure that victims of the criminal offences referred to in this Directive shall be afforded the rights under Directive 2012/29/EU. 2. Member States shall take measures to ensure the identification and timely notification of victims of corruption. Member States shall accord victims of corruption the right to instigate legal proceedings with the aim of securing proportional and adequate compensation for the infringement of their rights.

Amendment 449 #

Proposal for a directive
Article 23 a (new)

Article23a National Strategies To ensure a coherent approach to preventing and combating corruption, Member States shall adopt, publish and periodically review a national strategy on preventing and combating corruption, establishing objectives, priorities and corresponding measures and resources needed. Such national strategy shall be developed in consultation with civil society, independent experts, researchers and other stakeholders, and shall take into account the needs, specificities and challenges of the Member States.

Amendment 450 #

Proposal for a directive
Article 23 a (new)

Article23a Considering the evolving nature of corruption and the increasing use of digital platforms, Member States shall ensure the availability of digital investigative tools and capabilities, including but not limited to digital forensics, cybersecurity resources, and encrypted communication interception, in line with the respect for fundamental rights and data protection regulations.

Amendment 451 #

Proposal for a directive
Article 23 b (new)

Article23b Rights of victims and compensation for damage 1. Member States shall protect and enable victims to have their views and concerns presented and considered at appropriate stages during criminal proceedings against offenders, in a manner that is not prejudicial to the rights of the defence. 2. Member States shall take the necessary measures to ensure that the rights afforded to victims under Directive (EU) 2012/29 are also applicable to the victims of corruption, and to ensure that any victim of corruption: (a) is identified and notified of their status as a victim of corruption at the earliest possible opportunity; (b) without prejudice to Art. 11(5) of Directive (EU) 2012/29, has the right to a review of a decision not to prosecute or a decision to enter into a non-trial resolution; (c) has the right to satisfaction including, but not limited to, an acknowledgement of the breach, an expression of regret, a formal apology or another appropriate modality; (d) has the right to a guarantee of non- repetition; and (e) is entitled to injunctive relief where applicable. 3. Member States shall take the necessary measures to ensure that the victims who have suffered damage as a result of an act of corruption have the right to initiate legal proceedings against those responsible for that damage in order to obtain compensation.

Amendment 452 #

Proposal for a directive
Article 23 c (new)

Article23c Rights for the public concerned to participate in proceedings Member States shall take the necessary measures to ensure that the public concerned have appropriate rights to participate in the proceedings covered by this Directive, for instance as a civil party, where as a result of a corruption offence they have a sufficient interest, and are entitled to maintain the impairment of a right, in accordance with national law. Member States shall take the necessary measures to ensure that members of the public concerned may participate in the proceedings covered by this Directive, including by taking action before the courts or competent administrative bodies, when they meet at least the following criteria: (a) have a non-profit making character; (b) have a statutory objective that is relevant to the action brought before a relevant court or competent administrative body with regard to one of the offences covered by this Directive; (c) have been established for at least five years prior to the date of its application to the relevant court or competent administrative body; (d) make publicly available in plain and intelligible language by any appropriate means, information that demonstrates that the entity complies with the criteria required to participate in the proceedings covered by this Directive and information about the sources of their funding, its organisational structure, its statutory purpose and its activities.

Amendment 453 #

Proposal for a directive
Article 24 – paragraph 1

Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF) and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in this Directive. To that end, where appropriate, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF), and the Commission shall provide technical and operational assistance in accordance with their respective mandates to facilitate the coordination of investigations and prosecutions by the competent authorities. Member States shall take the necessary measures to ensure that an organisational unit specialised in the identification, notification, representation and coordination of victims of corruption is in place.

Amendment 454 #

Proposal for a directive
Article 24 – paragraph 1

Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF) and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in this Directive. To that end, where appropriate, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti- Fraud Office (OLAF), and the Commission shall provide technical and operational assistance in accordance with their respective mandates to facilitate the coordination of investigations and prosecutions by the competent authorities in the fight against the criminal offences referred to in this Directive.

Amendment 455 #

Proposal for a directive
Article 24 – paragraph 1

Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF) and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in this Directive. To that end, where appropriate, Europol, Eurojust, ~~the European Public Prosecutor's Office,~~ the European Anti- Fraud Office (OLAF), and the Commission shall provide technical and operational assistance in accordance with their respective mandates to facilitate the coordination of investigations and prosecutions by the competent authorities and the European Public Prosecutor’s Office.

Amendment 456 #

Proposal for a directive
Article 24 – paragraph 1 a (new)

Member States' authorities and Europol, Eurojust, the European Public Prosecutor's Office, the European Anti- Fraud Office (OLAF) and the Commission shall take all necessary measures to ensure the right to a fair trial and remedy, the right to defence and the presumption of innocence are at all times respected.

Amendment 457 #

Caterina CHINNICI, Ramona STRUGARIU

Proposal for a directive
Article 24 a (new)

Article24a Anti-corruption network An anti-corruption network shall be established to support the Commission and to facilitate the exchange of best practices in relation to the implementation of this Directive, and to provide practical guidance to competent authorities in various areas of common interest. The network shall be composed of representatives from specialised bodies referred to in Article 3, relevant civil society organisation, independent experts, researchers and other stakeholders and shall be chaired by the Commission. The network shall be convened at regular intervals. The network shall: (a) advise the Commission in relation to the implementation of the measures provided for in this Directive; (b) analyse national strategies on anti- corruption adopted by Member States in order to identify best practices; (c) share best practices to improve cooperation among competent authories and Europol, Eurojust, and the European Public Prosecutors Office with third countries.

Amendment 458 #

Proposal for a directive
Article 24 a (new)

Article24a Platform on prevention and repression of corruption 1. A platform on prevention and repression of corruption (the 'platform') shall be established under the aegis of the Commission. The platform shall be composed of representatives from specialised bodies referred to in Article 4 and shall be chaired by a representative from the Commission. The platform shall be convened at regular intervals. 2. The platform shall: a) promote identification and exchange of best practices in prevention and repression of corruption; b) promote the exchange of information and operational cooperation among the specialised bodies; c) share information and best practices to enhance cooperation with third countries. 3. Representatives from Europol, Eurojust, the European Public Prosecutor's Office and the European Anti-Fraud Office (OLAF) may be invited to participate in the meetings of the platform, also in order to facilitate the cooperation referred to in Article 24.

Amendment 459 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 25 – paragraph 3 – introductory part

3. The Commission, through the EU network against corruption, and the European Union Anti- Corruption Coordinator, shall in particular:

Amendment 460 #

Proposal for a directive
Article 25 – paragraph 3 – point a

(a) facilitate cooperation and exchange of best practices among Member States’ practitioners, civil society, independent experts, researchers and other stakeholders;

Amendment 461 #

Proposal for a directive
Article 25 – paragraph 4 a (new)

4a. The Commission shall inform Member States about financial resources at Union level to promote and facilitate Member States international cooperation on anti-corruption, and to support their competent authorities cooperation with third countries through technical assistance porgrammes and projects.

Amendment 462 #

Proposal for a directive
Article 25 – paragraph 4 a (new)

4a. The Commission shall inform Member States about financial resources at the Union level to contribute financially to the efforts of third countries to combat corruption through technical assistance programmes and projects, and to facilitate the coordination of investigations and prosecutions.

Amendment 463 #

Balázs HIDVÉGHI

Proposal for a directive
Article 25 a (new)

Article 25a Corruption offences committed by EU officials The competent national authorities shall pay particular attention to ensuring that corruption offences committed by EU officials are subject to effective investigation and that criminal proceedings are brought without delay. The competent national authorities shall immediately inform the national parliaments where criminal proceedings have been brought against EU officials for corruption offences.

Amendment 464 #

Laura FERRARA, Sabrina PIGNEDOLI, Maria Angela DANZÌ

Proposal for a directive
Article 26 – title

Data collection ~~and~~, statistics, and reporting

Amendment 465 #

Proposal for a directive
Article 26 – paragraph 1

1. Member States shall collect disaggregated statistical data on each of the criminal offences as referred to in Articles 7 to 14 of this Directive.

Amendment 466 #

Proposal for a directive
Article 26 – paragraph 1

1. Member States shall collect disaggregated statistical data on each of the criminal offences as referred to in Articles 7 to 14 of this Directive.

Amendment 467 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 26 – paragraph 1

1. Member States shall collect disaggregated statistical data on the criminal offences as referred to in Articles 7 to 14 of this Directive.

Amendment 468 #

Proposal for a directive
Article 26 – paragraph 2 – point a a (new)

(aa) the number of cases involving high level officials reported;

Amendment 469 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 26 – paragraph 2 – point b

(b) the number of cases investigated, including those involving cross-border cooperation;

Amendment 470 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 26 – paragraph 2 – point b a (new)

(ba) the number of cases involving high level officials investigated, including those involving cross-border cooperation;

Amendment 471 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 26 – paragraph 2 – point d

(d) the ~~average~~median, average and maximum length of the criminal investigations of cases;

Amendment 472 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

(fa) the number of convictions for corruption crimes related to offences committed by a public official;

Amendment 473 #

Proposal for a directive
Article 26 – paragraph 2 – point f a (new)

(fa) the assets frozen and confiscated in relation to corruption offences, and their estimated value;

Amendment 474 #

Proposal for a directive
Article 26 – paragraph 2 – point f a (new)

(fa) the number of freezing and confiscation orders, as well as their estimated value;

Amendment 475 #

Proposal for a directive
Article 26 – paragraph 2 – point j a (new)

(ja) the number and form of non-trial resolutions entered into with legal persons;

Amendment 476 #

Elena YONCHEVA, Klára DOBREV, Sándor RÓNAI, Petar VITANOV

Proposal for a directive
Article 26 – paragraph 3

3. Member States shall, on an annual basis and by 1 June,: a) publish, in a machine- readable and disaggregated format, the statistical data referred to in paragraph 2 for the previous year ~~and inform~~; b) produce a quantitative and qualitative assessment carried based on the statistical data referred to in paragraph 2 for the previous year; c) transmit such data and assessement to the Commission ~~thereof~~.

Amendment 477 #

Proposal for a directive
Article 26 – paragraph 3

3. Member States shall, on an annual basis and by 1 June, publish, in a publicly available manner and in a machine- readable and disaggregated format, the statistical data referred to in paragraph 2 for the previous year and inform the Commission and the European Anti- Corruption Coordinator thereof.

Amendment 478 #

Proposal for a directive
Article 26 – paragraph 3 a (new)

3a. The Commission shall, within one year from the entry into force of this Directive, develop tools and processes to facilitate the reporting referred to in paragraph 3, including standard formats for the different types of reported data, to ensure their relevance and objectivity.

Amendment 479 #

Proposal for a directive
Article 26 – paragraph 3 b (new)

3b. The Commission shall, on an annual basis and by 31 December, carry out a comparative analysis of the statistical data and of the quantitative and qualitative assessments reported by the Member States pursuant to paragraph 3. The comparative analysis shall be carried out in cooperation with members of the EU anti-corruption network. It shall identify any deficiencies in data collection, and offer support to Member States in order to address them.

Amendment 480 #

Proposal for a directive
Article 26 a (new)

Article26a EU Anti-Corruption Report The results of the comparative analysis referred to in Article 26 shall be made public by the Commission, on an annual basis and by 1 April, in the form of a yearly EU Anti-Corruption Report. The Anti-Corruption Report shall include: (a) a comprehensive country-specific assessment of anti-corruption efforts and related results achieved in each Member State in key public and private sectors for the previous year; (b) a comprehensive overview of the public and private sectors most affected by misappropriation of EU funds in each Member State; (c) the identification of corruption-related trends across Member States, and a detailed description of systemic corruption issues at the Union level for the previous year; (d) sector-specific recommendations for each Member States, taking into account to the severity and impact of the corruption-related challenges, and modulated according to the scale of potential impact for a wider range of Union policies. Within three months from the publication of the Anti-Corruption Report, the Member States shall provide written replies to the Commission, indicating measures and follow up actions to be taken to address the identified country- specific and sector-specific shortcomings. The Commission shall promptly review and publish the replies provied by the Member States.

Amendment 481 #

Proposal for a directive
Article 28 – paragraph 1 – point 2

(2) In Article 4(2)~~, the words ‘passive and active corruption’, ‘passive corruption’ and ‘active corruption’ are replaced respectively by ‘passiv~~ is replaced by the following: '(1) Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: (a) the promise, offer, giving or rewarding, directly or through an intermediary, of an undue advantage of any kind to a public official for that official or for a third party in order for the public official to act or refrain from acting or in the exercise of that official’s functions in a way which damages or is likely to damage the Union’s financial interests (active bribery); (b) the request or receipt by a public official, directly or through an intermediary, of an undue advantage of any kind or the acceptance of an offer or the promise of such an advantage for that official or for a third party, in order for the public official to act or to refrain from acting or in the exercise of that official’s functions in a way which damages or is likely to damage the Union’s financial interests (passive bribery). Member States shall take the necessary measures to ensure that it is presumed that any act of passive bribery or committed by a ‘Union official’, has the aim of deviating resources from the lawful exercise of their public office and, a~~ctive bribery in the public sector’, ‘passive bribery in the public sector’ and ‘active bribery in the public sector’.~~ s such, implies a damage to Union’s financial interests. (2) Member States shall take the necessary measures to ensure that the following conduct shall be punishable as a criminal offence, when committed intentionally and in the course of economic, financial, business or commercial activities: (a) the promise, offer, giving or rewarding, directly or through an intermediary, of an undue advantage of any kind to a person who in any capacity directs or works for a private-sector entity, for that person or for a third party, in order for that person to act or to refrain from acting, in breach of that person’s duties in a way which damages or is likely to damage the Union’s financial interests (active bribery); (b) the request or receipt by a person, directly or through an intermediary, of an undue advantage of any kind or the promise of such an advantage, for that person or for a third party, while in any capacity directing or working for a private-sector entity, to act or to refrain from acting, in breach of that person’s duties in a way which damages or is likely to damage the Union’s financial interests (passive bribery).’

Amendment 482 #

Proposal for a directive
Article 28 – paragraph 1 – point 2 a (new)

(2a) Article 4(3) is replaced by the following: '3. Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: (a) the committing, disbursing, appropriation or use by a public official of property whose management is directly or indirectly entrusted to him contrary to the purpose for which it was intended in any way which damages the Union’s financial interests or is likely to damage the Union’s financial interests; (b) the committing, disbursing, appropriation or use, in the course of economic, financial, business or commercial activities, by a person who directs or works, in any capacity, in a private sector entity, of any property whose management is directly or indirectly entrusted to him contrary to the purpose for which it was intended in any way which damages the Union’s financial interests or is likely to damage the Union’s financial interests.’

Amendment 483 #

Proposal for a directive
Article 28 – paragraph 1 – point 2 b (new)

(2b) In Article 4 the following paragraphs are inserted: '3a.Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: (a) the promise, offer or giving, directly or through an intermediary, of an undue advantage of any kind to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining an undue advantage from a public official in a way which damages or is likely to damage the Union’s financial interests; (b) the request or receipt, directly or through an intermediary, of an undue advantage of any kind or the promise of such an advantage to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining an undue advantage from a public official in a way which damages or is likely to damage the Union’s financial interests. In order for the conduct referred to in points (a) and (b) to be punishable as a criminal offence, it shall be irrelevant whether or not the influence is exerted or whether or not the supposed influence leads to the intended results. 3b.Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: 1. the performance of or failure to perform an act, in violation of laws, by a public official in the exercise of his functions for the purpose of obtaining an undue advantage for that official or for a third party in a way which damages or is likely to damage the Union’s financial interests; 2. the performance of or failure to perform an act, in breach of duties, by a person who in any capacity directs or works for a private-sector entity in the course of economic, financial, business or commercial activities for the purpose of obtaining an undue advantage for that person or for a third party in a way which damages or is likely to damage the Union’s financial interests. 3. the use, directly or through an intermediary, of physical force, threats or intimidation to interfere in the exercise of official duties by a person holding a judicial office or a member of law enforcement in relation to the commission of offences as referred to in this Directive. 3c.Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: 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 or to interfere in the giving of testimony or the production of evidence in a proceeding concerning the commission of offences as referred to in this Directive; 2. the use, directly or through an intermediary, of physical force, threats or intimidation to interfere in the exercise of official duties by a person holding a judicial office or a member of law enforcement in relation to the commission of offences as referred to in this Directive. 3d.Member States shall take the necessary measures to ensure that the intentional acquisition, possession or use by a public official of property that is significantly disproportionate to and cannot be justified by the lawful income of the public official shall be punishable as a criminal offence, where the national court is satisfied that such property is derived from any kind of criminal involvement in the commission of an offence as set out in this Directive. In determining whether the property in question is derived from any kind of criminal involvement in the commission of an offence as set out in this Directive, account shall be taken of all the circumstances of the case. It is not necessary to establish all the factual elements or all circumstances relating to that criminal involvement, including the identity of the perpetrator and it is irrelevant whether the person committed, or was involved in, the criminal involvement from which the property was derived.

Amendment 484 #

Proposal for a directive
Article 28 – paragraph 1 – point 2 c (new)

(2c) Article 5(2) is replaced by the following: '2.Member States shall take the necessary measures to ensure that attempting an offence referred to in Articles 3 and 4(3), (3b) to (3d) of this Directive is punishable as a criminal offence. Member States shall take the necessary measures to ensure that the criminal offence referred to in Article 4(2(2)) to 4(3b) is punishable by a maximum penalty of at least six years of imprisonment.

Amendment 485 #

Member States shall take the necessary measures to ensure that the criminal offences referred to in Articles 3, 4(1), 2(1) and (23c) are punishable by a maximum penalty of at least six years of imprisonment when they involve considerable damage or advantage.

Amendment 486 #

Proposal for a directive
Article 28 – paragraph 1 – point 3

Directive (EU) 2017/1371
Article 7(3)

Member States shall take the necessary measures to ensure that the criminal offence referred to in Article 4(32(2)) to 4(3b) is punishable by a maximum penalty of at least five years of imprisonment when it involves considerable damage or advantage.

Amendment 487 #

Proposal for a directive
Article 28 – paragraph 1 – point 3

Directive (EU) 2017/1371
Article 7(3)

Member States shall take the necessary measures to ensure that the criminal offence referred to in Article 4(3d) and (3e) is punishable by a maximum penalty of at least five years of imprisonment

Amendment 488 #

Proposal for a directive
Article 28 – paragraph 1 – point 3

Directive (EU) 2017/1371
Article 7(3)

The damage or advantage resulting from the criminal offences referred to in points (a), (b) and (c) of Article 3(2) and in Article 4 shall be presumed to be considerable where the damage or advantage involves more than EUR 100 000.deleted

Amendment 489 #

Proposal for a directive
Article 28 – paragraph 1 – point 3

Directive (EU) 2017/1371
Article 7(3)

~~The damage or advantage resulting from the criminal offences referred to in point (d) of Article 3(2) and subject to Article 2(2) shall always be presumed to be considerable.~~deleted

Amendment 490 #

Proposal for a directive
Article 28 – paragraph 1 – point 4 – introductory part

(4) In Article 7, paragraph (4) is ~~replaced by the following:~~deleted

Amendment 491 #

Proposal for a directive
Article 28 – paragraph 1 – point 4

Directive (EU) 2017/1371
Article 7(4)

4. Where a criminal offence referred to in points (a), (b) or (c) of Article 3(2) or in Article 4(1) and (3) involves damage of less than EUR 10 000 or an advantage of less than EUR 10 000, Member States may provide for sanctions other than criminal sanctions.deleted

Amendment 492 #