Changes from plenary report to adopted text

RemovedArticle 6 – paragraph 2: 2. Each Member State shall take the necessary measures to ensure adequate resources and the delivery of dedicated 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 and administrative investigations and proceedings of offences falling within the scope of this Directive.

RemovedArticle 7 – paragraph 1 – point a: (a) the 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 the exercise of that official’s functions (active bribery);

RemovedArticle 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 request 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 the exercise of that official’s functions (passive bribery).

RemovedArticle 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 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).

RemovedArticle 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, including when acting or refraining from acting in accordance with that public official’s duties;

RemovedArticle 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 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, including when acting or refraining from acting in accordance with that public official’s duties.

RemovedArticle 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 that public official’s functions for the purpose of obtaining an undue advantage of any nature for that official or for a third party;

RemovedArticle 11 – paragraph 1 – point 2: 2. the performance of or failure to 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 of any nature for that person or for a third party.

RemovedArticle 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, to interfere in the giving of testimony or the production of evidence or to influence, pressure or coerce witnesses, experts or any involved parties to abstain from participating, communicating or cooperating with judicial authorities in a proceeding concerning offences referred to in this Directive;

RemovedArticle 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 offences referred to in this Directive;

RemovedArticle 12 – paragraph 1 – point 2 a (new): 2a. the destruction, alteration, concealment or falsification of evidence, including digital evidence, with the intent to interfere in a proceeding concerning offences referred to in this Directive.

RemovedArticle 12 a (new): Article 12a / 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 substantial financial contributions 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, of substantial financial contributions, 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, in violation of laws on political financing, or of applicable transparency rules.

RemovedArticle 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 is significantly disproportionate to and cannot be justified by the lawful income of the public official shall be punishable as a criminal offence, where such property is derived from the commission of an offence as set out in this Directive.

RemovedArticle 13 – paragraph 1 a (new): 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, including the specific facts and available evidence.

RemovedArticle 13 a (new): Article 13a / Concealment / Member States shall take the necessary measures to ensure that, when committed intentionally, the concealment of property by a person having knowledge that such property is the result of any of the offences established in accordance with this Directive, even if that person was not involved in the commission of such offences, is punishable as a criminal offence.

RemovedArticle 13 b (new): Article 13b / Misconduct in public office / Member States shall take the necessary measures to ensure that the culpable breach by a public official of an official duty, by failing to perform that duty or by performing it defectively, if it causes substantial damage or injury to the rights or to the legitimate interests of a natural person or a legal person, is punishable as a criminal offence.

RemovedArticle 14 – paragraph 1: 1. Member States shall take the necessary measures to ensure that inciting any of the offences referred to in Articles 7 to 13a is punishable as a criminal offence.

RemovedArticle 14 – paragraph 2: 2. Member States shall take the necessary measures to ensure that aiding and abetting any of the offences referred to in Articles 7 to 13a is punishable as a criminal offence.

RemovedArticle 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 seven years, and the criminal offences referred to in Article 7 which have been committed to obtain a lawful act are punishable by a maximum term of imprisonment of at least five years;

RemovedArticle 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 six years;

RemovedArticle 15 – paragraph 2 – point c: (c) the criminal offences referred to in Article 13 and 13a are punishable by a maximum term of imprisonment of at least five years; and

RemovedArticle 15 – paragraph 2 – point c a (new): (ca) the criminal offence referred to in Article 13b is punishable by a maximum term of imprisonment of at least three years.

RemovedArticle 15 – paragraph 3: deleted

RemovedArticle 15 – paragraph 3 a (new): 3a. Without prejudice to paragraphs 1 and 2 of this Article, Member States shall take the necessary measures to ensure that natural persons who have been convicted of committing one of the criminal offences referred to in Articles 7 to 14 are subject to sanctions or measures imposed by a competent authority and that are not necessarily of a criminal nature, including: / (a) the removal, suspension and reassignment from a public office; / (b) the disqualification from: / (i) holding a public office; / (ii) exercising a public service function; / (c) exclusions from access to public funding, including tender procedures, grants and concessions.

RemovedArticle 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;

RemovedArticle 15 – paragraph 4 – point b: deleted

RemovedArticle 15 – paragraph 4 – point c – point i: deleted

RemovedArticle 15 – paragraph 4 – point c – point ii: deleted

RemovedArticle 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;

RemovedArticle 15 – paragraph 4 – point d: (d) deprivation of the right to stand for elections, proportionate to the seriousness of the offence committed, which shall be of at least two consecutive mandates or ten years for high level officials; and

RemovedArticle 15 – paragraph 4 – point f: deleted

RemovedArticle 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 or parole.

RemovedArticle 15 – paragraph 4 b (new): 4b. Member States shall take the necessary measures to prohibit any pardoning or amnesty of persons who have been held liable for any of the criminal offenses referred to in Articles 7 to 14.

RemovedArticle 16 – paragraph 1 – introductory part: 1. Member States shall take the necessary measures to ensure that legal persons can 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.

RemovedArticle 16 – paragraph 1 – point a: deleted

RemovedArticle 16 – paragraph 1 – point b: deleted

RemovedArticle 16 – paragraph 1 – point c: deleted

RemovedArticle 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.

RemovedArticle 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 is punishable by effective, proportionate and dissuasive sanctions. The level of sanctions shall be adapted to reflect the degree of severity and duration of the offence, and of the damage caused.

RemovedArticle 17 – paragraph 2 – point a: (a) criminal or non-criminal fines, which are proportionate and commensurate to the gravity of the offence. The maximum limit of such fines shall not be less than 10 percent of the total worldwide turnover of the legal person, including related entities, in the business year preceding the decision imposing the fine;

RemovedArticle 17 – paragraph 2 – point i a (new): (ia) the national or Union-wide publication of all or part of the judicial decision that relates to the criminal offence committed and the sanctions or measures imposed, including by referring them to relevant Union institutions.

RemovedArticle 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.

RemovedArticle 18 – paragraph 1 – point a: (a) the offence involves a public official who is a high level official;

RemovedArticle 18 – paragraph 1 – point b: (b) the offender or its parent entities or subsidiary entities if the offender is a legal person, have been convicted before of an offence referred to Articles 7 to 14 in a Member State or of equivalent offences in a third country;

RemovedArticle 18 – paragraph 1 – point e: (e) the offender exercises investigation, prosecution, dispute resolution, or adjudication functions;

RemovedArticle 18 – paragraph 1 – point g a (new): (ga) the offender took advantage of the vulnerable situation of a person involved in the commission of the offence;

RemovedArticle 18 – paragraph 1 – point g b (new): (gb) the offender resorted to ingenious deception or instrumentalisation of public officials in the course of committing the offence;

RemovedArticle 18 – paragraph 1 – point g c (new): (gc) the offender did not provide assistance to enforcement authorities when legally required to do so;

RemovedArticle 18 – paragraph 1 – point g d (new): (gd) in the case of legal persons, the offence was committed by a person having a leading positions within that legal person.

RemovedArticle 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 the commission of the offence; and

RemovedArticle 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 shall:

RemovedArticle 19 – paragraph 1 – point a (new): (a) be limited to acts carried out in the performance of official duties;

RemovedArticle 19 – paragraph 1 – point b (new): (b) only apply to acts carried out during a person's term in office or period of service as a public official.

RemovedArticle 19 – paragraph 1 a (new): 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: / (a) shall be lifted at the national official’s own initiative; / (b) can be lifted through an objective, impartial, effective and transparent process pre-established by law, based on clear criteria, that is concluded within a reasonable timeframe.

RemovedArticle 19 – paragraph 1 b (new): Union institutions, offices, agencies and bodies shall ensure that when taking any decision on waving of immunities, related to the offences in this Directive, they shall do so through an objective, impartial, effective and transparent process, based on clear criteria, that is concluded within a reasonable timeframe.

RemovedArticle 19 – paragraph 1 c (new): Member States shall take the necessary measures to ensure that, concerning the offences referred to in this Directive, no privileges, immunities or other legal concepts shield national officials from investigation and prosecution related to property owned through legal persons or arrangements that are personal asset-holding vehicles.

RemovedArticle 21 – paragraph 2 – point c: (c) eight years from the time when the offence was committed, for the criminal offences referred to in Articles 12a and 13 to 14.

RemovedArticle 21 – paragraph 3 – introductory part: 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 procedural acts or judicial decisions 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:

RemovedArticle 21 – paragraph 3 – point c: (c) five years for the criminal offences referred to in Articles 12a to 14.

RemovedArticle 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 to 14.