Changes from report parliamentary committee draft to plenary report

AddedArticle 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 and investigation 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.

AddedArticle 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.

AddedArticle 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:

AddedArticle 4 – paragraph 3 – point a: (a) are independent from the government and able to autonomously take decisions on individual cases, carry out their functions free from undue political interferences, and are continually provided with 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 effective performance and the proper administration of their tasks;

AddedArticle 4 – paragraph 3 – point a a (new): (aa) are managed by executive member or members who, in the performance of their tasks and exercise of their powers in accordance with this Directive, shall remain free from external influence whether direct or indirect, and shall neither seek nor take instructions from anybody, and who shall be provided with an adequate and sufficient term of office, ensuring 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;

AddedArticle 4 – paragraph 3 – point c a (new): (ca) provide annual reports on their activities and their results, submit those reports to the relevant executive and legislative bodies and publish them on their websites;

Article 4 – paragraph 3 – point c b (new): (cb) provide and update annually a database on cases of corruption, including convictions, damages and assets recovered;

Change 14

RemovedArticle 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.

AddedArticle 4 – paragraph 3 – point c c (new): (cc) receive and process complaints related to breaches of rules on the prevention of corruption, including those adopted under the key preventing tools referred to in Article 3(3);

RemovedArticle 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 prevent and 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.

AddedArticle 4 – paragraph 3 – point c d (new): (cd) are consulted in the process of development and formulation of a national anti-corruption strategy referred to in point (a) of Article 3(3);

RemovedArticle 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 criminal and administrative investigations and proceedings of offences falling within the scope of this Directive.

AddedArticle 4 – paragraph 3 – point d: (d) operate and take decisions in accordance with transparent procedures established by law and subject to internal oversight and accountability mechanisms;

RemovedArticle 7 – paragraph 1 – point a: (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 (active bribery);

AddedArticle 4 – paragraph 3 – point d a (new): (da) operate in line with the objective of increasing their efficiency.

RemovedArticle 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 acceptance of an offer or 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 (passive bribery).

AddedArticle 4 – paragraph 3 a (new): 3a. The bodies and units referred to in paragraph 1 shall cooperate with the corresponding units in other Member States.

RemovedArticle 8 – paragraph 1 – point a: (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 (active bribery);

AddedArticle 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 consistently proactively and 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.

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 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).

AddedArticle 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 prevent and 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.

RemovedArticle 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 corruption offences;

AddedArticle 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.

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 corruption offences;

AddedArticle 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 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.

AddedArticle 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);

Change 15

ChangedArticle 137 – paragraph 1:1 Member– Statespoint shallb: take(b) the necessary measuresrequest toor ensurereceipt thatby thea intentionalpublic acquisition,official, possessiondirectly or usethrough byan aintermediary, publicof officialan advantage of propertyany thatkind isor significantlythe disproportionaterequest toor andacceptance cannotof bean justifiedoffer byor the lawful incomepromise of thesuch publican officialadvantage shallfor bethat punishableofficial asor for a criminalthird offence,party, wherein theorder nationalfor courtthe ispublic satisfiedofficial thatto suchact propertyor isto derivedrefrain from any kind of criminal involvementacting in the commissionexercise of an offence as setthat outofficial’s infunctions this(passive Directive.bribery).

Change 16

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. 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.

AddedArticle 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 13 a (new): Article 13a / Concealment / Member States shall take the necessary measures to ensure that, when committed intentionally, the concealment or continued retention 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, shall be punishable as a criminal offence.

AddedArticle 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 13 b (new): Article13b / 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 damage or injury to the rights or to the legitimate interests of a natural person or a legal person, shall be punishable as a criminal offence.

AddedArticle 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.

AddedArticle 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;

AddedArticle 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.

AddedArticle 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;

AddedArticle 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;

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

AddedArticle 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.

Article 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.

Article 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.

Change 17

ChangedArticle 15 – paragraph 2 – point a: (a) the criminal offences referred to in Article 77, 12 and 1212a 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;

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 six years;

Change 18

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

Article 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.

Article 15 – paragraph 3: deleted

Change 19

ChangedArticle 15 – paragraph 3 a (new): 3a. Without prejudice to paragraphs 1 and 2,2 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 shall beare 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) 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; / (d) exclusions from access to public funding, including tender procedures, grants and concessions.

Change 20

RemovedParagraph 3 a (new) is an adaptation of Article 15(4) of the Commission proposal.

AddedArticle 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;

Article 15 – paragraph 4 – point b: deleted

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

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

Change 21

RemovedArticle 15 – paragraph 4 – point d: deleted

AddedArticle 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;

AddedArticle 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