Changes from report parliamentary committee draft to plenary report

Change 54

ChangedArticle 28 – paragraph 1 – point 8, Article 12 – paragraph 2 – point a:b: (a)(b) fifteenten years from the time when the offence was committed,committed for the criminal offences referred to in ArticlesArticle 3,4(2a), 4(1)(3), (2(1))(3a) and (3c) ;(3b);

Directive (EU) 2017/1371

Change 55

ChangedArticle 28 – paragraph 1 – point 8, Article 12 – paragraph 2 – point b:b (b)a ten(new): (ba) eight years from the time when the offence was committedcommitted, for the criminal offenceoffences referred to in Article 44(3d), (2(2))(3e) toand (3b);(3f), and in Article 5.

Directive (EU) 2017/1371

Change 56

RemovedArticle 28 – paragraph 1 – point 8, Article 12 – paragraph 2 – point b a (new): (ba) eight years from the time when the offence was committed, for the criminal offences referred to in Article 4(3d) to (3f) and 5.

AddedArticle 28 – paragraph 1 – point 8, Article 12 – paragraph 3 – introdcutory 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:

Directive (EU) 2017/1371

Change 57

ChangedArticle 28 – paragraph 1 – point 8, Article 12 – paragraph 3 – point a: (a) ten years for the criminal offences referred to in ArticlesArticle 3,3 4(1)and (2(1))in Article 4(1), (2) and (3c);

Directive (EU) 2017/1371

Change 58

ChangedArticle 28 – paragraph 1 – point 8, Article 12 – paragraph 3 – point b: (b) eight years for the criminal offence referred to in Article 44(2b), (2(2))(3), to(3a) and (3b);

Directive (EU) 2017/1371

Change 59

ChangedArticle 28 – paragraph 1 – point 8, Article 12 – paragraph 3 – point b a (new): (ba) five years for the criminal offences referred to in ArticlesArticle 4(3d)4(3d), to(3e) and (3f) and in Article 5.

Directive (EU) 2017/1371

Change 60

ChangedArticle 28 – paragraph 1 – point 8, Article 12 – paragraph 4 – point a: (a) fifteen years from the date of the final conviction for any of the criminal offences referred to in ArticlesArticle 3,3 4(1)and (2(1))in Article 4(1), (2) and (3c);

Directive (EU) 2017/1371

Change 61

ChangedArticle 28 – paragraph 1 – point 8, Article 12 – paragraph 4 – point b: (b) ten years from the date of the final conviction for the criminal offence referred to in Article 44(2a), (2(2))(3), to(3a) and (3b);

Directive (EU) 2017/1371

Change 62

ChangedArticle 28 – paragraph 1 – point 8, Article 12 – paragraph 4 – point b a (new): (ba) eight years from the date of the final conviction for any of the criminal offences referred to in ArticlesArticle 4(3d)4(3d), to(3e) and (3f) and in Article 5.

Directive (EU) 2017/1371

Change 63

ChangedArticle 28 – paragraph 1 – point 8, Article 1228 – paragraph 5 – point a: (a) ten years from the date of the final conviction for any of the criminal offences referred to in ArticlesArticle 3,3 4(1)and (2(1))in Article 4(1), (2) and (3c);

Directive (EU) 2017/1371

Change 64

ChangedArticle 28 – paragraph 1 – point 8, Article 1228 – paragraph 5 – point b: (b) eight years from the date of the final conviction for the criminal offence referred to in Article 4(2(2))4(2a), to(3), (3a) and (3b);

Directive (EU) 2017/1371

Change 65

RemovedArticles 12 – paragraph 5 – point b a (new)

AddedArticle 28 – paragraph 1 – point 8, Article 28 – paragraph 5 – point b a (new): (ba) eight years from the time when the offence was committed, for the criminal offences referred to in Article 4(3d), (3e) and (3f) and in Article 5.

RemovedArticle 28 – paragraph 1 – point 8: (ba) five years from the date of the final conviction for any of the criminal offences referred to in Articles 4(3d) to (3f) and 5.

Directive (EU) 2017/1371

Change 66

RemovedArticles 12 a (new)

AddedArticle 28 – paragraph 1 – point 8 a (new), Article 12 a (new): (8a) The following Article 12a is inserted: / ‘Article 12a / Privileges or immunity from investigation and prosecution of corruption offences Member States shall ensure that the provisions of Article 19 of Directive (EU) XXX on combating corruption are applicable to the offences referred to in this Directive.’

RemovedArticle 28 – paragraph 1 – point 8 a (new): (8a) Article 12a is inserted: / ‘Privileges or immunity from investigation and prosecution of corruption offences / Member States shall ensure that the provisions in Article 19 of Directive (EU) XXX on combating corruption are applicable for the offences referred to in this Directive.

Directive (EU) 2017/1371

Change 67

RemovedArticles 12 b (new)

AddedArticle 28 – paragraph 1 – point 8 b (new), Article 12 b (new): (8b) The following Article 12b is inserted: / ‘Article 12b / Protection of persons who report offences or assist the investigation / In addition to the measures provided under Directive (EU) 2019/1937, 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.’

RemovedArticle 28 – paragraph 8 b (new): (8b) Article 12b is inserted: / ‘Protection of persons who report offences or assist the investigation / In addition to the measures provided under Directive (EU) 2019/1937, 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.’

Article 30 – paragraph 2: 2. Every two years as of [12 months after the deadline for implementation of this Directive], Member States shall send the Commission a comprehensive report within three months which includes a summary about implementation of and actions taken in accordance with this Directive.

Change 68

ChangedArticle 30 – paragraph 2 a (new): 2a. The Commission shall analyse the submissions provided by Member States under paragraph 2 and include its conclusions in the annual RuleAnti-Corruption ofreport, Lawas Reportreferred to in Article 26a, assessing the extent to which Member States implement this Directive.

Change 69

AddedArticle 30 – paragraph 3: 3. By [48 months after the deadline for implementation of this Directive], the Commission, in consultation with the Anti-Corruption Coordinator, shall submit a report to the European Parliament and to the Council, assessing the added value of this Directive with regard to combating corruption. The report shall also cover the impact of this Directive on fundamental rights and freedoms. On the basis of this evaluation, the Commission shall, if necessary, decide on appropriate follow-up actions.

AddedArticle 30 a (new): Article 30a / Committee procedure / 1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011. / 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.