Changes from plenary report to adopted text

RemovedArticle 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 to 14.

RemovedArticle 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, including investigative journalists, reporting such offences.

RemovedArticle 22 – paragraph 2 a (new): 2a. Member States shall put in place adequate reporting mechanisms, which enable persons to anonymously disclose information related to offences covered by this Directive.

RemovedArticle 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, 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, are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in this Directive.

RemovedArticle 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 [OJ: Please insert in the text the number of the Directive in PE-CONS 3/4 (2022/0167 (COD)) and insert the number, date, title and OJ reference of that Directive in the footnote - 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.

RemovedArticle 23 – paragraph 1 b (new): 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.

RemovedArticle 23 a (new): Article 23a / Exchange of information / Member States shall ensure that all specialised bodies or units referred to in Article 4, have direct access to SIENA and use the SIENA system for exchanging information in cross-border investigations.

RemovedArticle 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 Article 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 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 proportionate and adequate compensation.

RemovedArticle 23 c (new): Article 23c / 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, the relevant specialised bodies or units referred to in Article 4, independent experts, researchers and other stakeholders, and shall take into account the needs, specificities and challenges of the Member States.

RemovedArticle 23 d (new): Article 23d / Rights for the public concerned to participate in proceedings / 1. Member States shall take the necessary measures to ensure that the public concerned has 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 such public has a sufficient interest, and is entitled to maintain the impairment of a right, in accordance with national law. / 2. 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. / 3. Member States shall take the necessary measures to ensure that members of the public concerned as referred to in paragraph 2 have the right to a review of a prosecutorial decision related to: / (a) the opening or not opening of the investigation or prosecution; / (b) the suspension of the investigation or prosecution; / (c) the discontinuation of the investigation or prosecution. / 4. The determination of the scope and conditions under which judicial review as referred to in paragraph 3 shall be governed by national law and shall include safeguards against vexatious complaints.

RemovedArticle 23 e (new): Article 23e / Suspension or reassignment of a public official / Member States shall establish procedures through which a public official accused of an offence as referred to in this Directive may, where appropriate, be suspended or reassigned by the appropriate authority, bearing in mind respect for the principle of the presumption of innocence.

RemovedArticle 23 f (new): Article 23f / Exercise of discretionary powers / Member States shall take the necessary measures to ensure that any discretionary legal powers under its domestic law relating to the prosecution of persons for offences referred to in this Directive are exercised with the appropriate internal consultation and with due regard to the need to deter the commission of such offences.

RemovedArticle 24 – paragraph 1: 1. Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, including the specialised bodies or units referred to in Article 4, 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. / 2. In the pursuit of that objective, Europol, Eurojust, 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, including the European Public Prosecutor’s Office.

RemovedArticle 24 – paragraph 3 (new): 3. The results of the cooperation established under the present provision shall be reported by Europol, Eurojust, the EPPO and OLAF and the Commission, without prejudice to their obligation of discretion and confidentiality as regards individual cases and personal data, in a specific section of their annual reports to the European Parliament and to the Council.

RemovedArticle 24 a (new): Article 24a / 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 or units referred to in Article 4 and the EU Anti-Corruption Coordinator referred to in Article 25a and shall be chaired by a representative from the Commission. The platform shall be convened at regular intervals. / 2. The platform shall: / (a) advise the Commission in relation to the implementation of the measures provided for in this Directive, 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 referred to in Article 4 in relation to the implementation of this Directive; / (c) enable the exchange of 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) and, where appropriate, from the Anti-Money Laundering Authority (AMLA) may be invited to participate in the meetings of the platform, also in order to facilitate the cooperation referred to in Article 24.

RemovedArticle 25 – paragraph 3 – introductory part: 3. The Commission, through the EU network against corruption and the European Union Anti-Corruption coordinator, shall in particular:

RemovedArticle 25 – paragraph 3 – point a: (a) facilitate cooperation and exchange of best practices among Member States’ practitioners, civil society representatives, independent experts, researchers and other stakeholders;

RemovedArticle 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, including coordination of investigations and prosecutions, and to support their competent authorities in cooperating with third countries through technical assistance programmes and projects.

RemovedArticle 25 a (new): Article 25a / Coordination of the 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 assist the Commission in promoting the effective and consistent application of this Directive and in monitoring the implementation of Articles 3 and 4 of this Directive. / 3. The Coordinator shall, where relevant, advise the Commission 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.

RemovedArticle 26 – title: Data collection, statistics and reporting

RemovedArticle 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.

RemovedArticle 26 – paragraph 2 – point a a (new): (aa) the number of cases involving high level officials reported and investigated;

RemovedArticle 26 – paragraph 2 – point b: (b) the number of cases investigated, including those involving cross-border cooperation;

RemovedArticle 26 – paragraph 2 – point d: (d) the average and maximum length of the criminal investigations of cases;

RemovedArticle 26 – paragraph 2 – point e: (e) the average and maximum length of courts proceedings of cases in first instance, second instance and cassation;

RemovedArticle 26 – paragraph 2 – point f: (f) the number of convictions, including offenses committed by a public official;

RemovedArticle 26 – paragraph 2 – point f a (new): (fa) the number of freezing and confiscation orders, as well as their estimated value;

RemovedArticle 26 – paragraph 2 – point j a (new): (ja) the number and form of non-trial resolutions;

RemovedArticle 26 – paragraph 2 – point k: (k) the number of convictions pardoned, with specification of the number of pardons to public officials and to high level officials.

RemovedArticle 26 – paragraph 3: 3. Member States shall, on an annual basis and by 1 June: / (a) publish, in a disaggregated and machine-readable format that is open, accessible, findable and re-usable, within the meaning of Directive (EU) 2019/1024 of the European Parliament and of the Council1a, the statistical data referred to in paragraph 2 for the previous year, together with their metadata; / (b) produce a quantitative and qualitative assessment carried out based on the statistical data referred to in paragraph 2 for the previous year; / (c) transmit the data and assessment referred to in points (a) and (b) to the Commission and the European Anti-Corruption Coordinator. / 1a Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (recast) (OJ L 172, 26.6.2019, p. 56; ELI: http://data.europa.eu/eli/dir/2019/1024/oj).

RemovedArticle 26 – paragraph 3 a (new): 3a. The Commission shall adopt an implementing act within one year from the entry into force of this Directive, in which it sets out 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. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30a(2) of this Directive.

RemovedArticle 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.

RemovedArticle 26 a (new): Article 26a / EU Anti-Corruption Report / 1. 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 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. / 2. Within three months from the publication of the Anti-Corruption Report, 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 provided by the Member States.

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 2, Article 4 – paragraph 2: (2) Article 4(2) is replaced by the following: / ‘2. 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 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 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 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 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, as such, implies a damage to the Union’s financial interests.’

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 2 a (new), Article 4 – paragraph 2 a (new): (2a) In Article 4, the following paragraph 2a is inserted: / ‘2a. 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 or giving 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 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 in a way which damages or is likely to damage the Union’s financial interests (passive bribery).’

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 2 b (new), Article 4 – paragraph 3: (2b) 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 that public official 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 that public official 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.’

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 2 c (new), Article 4 – paragraph 3 a (new): (2c) In Article 4, the following paragraph is 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 request or acceptance of an offer 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.

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 2 c (new), Article 4 – paragraph 3 b (new): ‘3b. Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: / (a) 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 in a way which damages or is likely to damage the Union’s financial interests; / (b) 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 in a way which damages or is likely to damage the Union’s financial interests.’;

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 2 c (new), Article 4 – paragraph 3 c (new): ‘3c. Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: / (a) 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 the commission of offences referred to in this Directive; / (b) 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 referred to in this Directive; / (c) the destruction, alteration, concealment or falsification of evidence, including digital evidence, with the intent to interfere in a proceeding concerning the commission of offences as referred to in this Directive.’;

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 2 c (new), Article 4 – paragraph 3 d (new): ‘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 that 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. / 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.’;

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 2 c (new), Article 4 – paragraph 3 e (new): ‘3e. 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.’;

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 2 c (new), Article 4 – paragraph 3 f (new): ‘3f. Member States shall take the necessary measures to ensure that, when committed in a way which damages or is likely to damage the Union’s financial interests, the culpable breach by a public official of an official duty, by failing to perform it or performing it defectively, if it causes substantial damage or injury to the rights or legitimate interests of a natural person or a legal person, is punishable as a criminal offence.’;

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 2 d (new), Article 5 – paragraph 2: (2d) 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 Article 3 and in Article 4(3), (3b), (3c) and (3d) is punishable as a criminal offence.’

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 3, Article 7 – paragraph 3: ‘3. Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3 and in Article 4(1), (2) and (3c) are punishable by a maximum penalty of at least seven years of imprisonment; offences referred to in Article 4(2) which have been committed to obtain a lawful act are punishable by a maximum term of imprisonment of at least five years. / Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 4(2a), (3), (3a) and (3b) are punishable by a maximum penalty of at least six years of imprisonment. / 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. / Member States shall take the necessary measures to ensure that the criminal offence referred to in Article 4(3f) is punishable by a maximum penalty of at least three years of imprisonment.’

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 4, Article 7 – paragraph 4: (4) In Article 7, paragraph 4 is deleted. / (deleted)

RemovedDirective (EU) 2017/1371

RemovedArticle 28 – paragraph 1 – point 7 a (new), Article 11 – paragraph 1 – point b: (7a) In Article 11(1), the following wording is added at the end of point (b): ‘or a habitual resident in its territory’.

RemovedDirective (EU) 2017/1371