Activities of Daniel FREUND related to 2023/0135(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on combating corruption, replacing Council Framework Decision 2003/568/JHA and the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union and amending Directive (EU) 2017/1371 of the European Parliament and of the Council
Amendments (130)
Amendment 141 #
Proposal for a directive
Recital 3
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 147 #
Proposal for a directive
Recital 6
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 155 #
Proposal for a directive
Recital 9 a (new)
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 166 #
Proposal for a directive
Recital 10
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 andseriously impacted, where free competition is diminished by each bribe offered or accepted, or where the offence results into a harm to consumers.
Amendment 170 #
Proposal for a directive
Recital 11
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 advant serious damage forto the public official or a third paradministration, or to private sector entity.
Amendment 173 #
Proposal for a directive
Recital 13
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 176 #
Proposal for a directive
Recital 14 a (new)
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 180 #
Proposal for a directive
Recital 16
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 disproportionatacquisition, 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 182 #
Proposal for a directive
Recital 20
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 consideringproportionate 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 185 #
Proposal for a directive
Recital 25
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, as well as the aim of deterringnd 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 189 #
Proposal for a directive
Recital 29 a (new)
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)
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)
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 196 #
Proposal for a directive
Recital 32
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 203 #
Proposal for a directive
Article 1 – paragraph 1
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
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 deterrence against corruption-related acts at the national and Union level.
Amendment 214 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b
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 219 #
Proposal for a directive
Article 2 – paragraph 1 – point 3 – point b a (new)
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 221 #
Proposal for a directive
Article 2 – paragraph 1 – point 4 – point a
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
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 225 #
Proposal for a directive
Article 2 – paragraph 1 – point 6
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 private sectorublic or private entity.
Amendment 229 #
Proposal for a directive
Article 2 – paragraph 1 – point 8
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 233 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 a (new)
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 238 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 b (new)
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 241 #
Proposal for a directive
Article 2 – paragraph 1 – point 8 c (new)
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 243 #
Proposal for a directive
Article 3 – paragraph 1
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 247 #
Proposal for a directive
Article 3 – paragraph 2
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 250 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Member States shall take measures to ensure that at least the following key preventive tools such asare 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 officialsand 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 259 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
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 261 #
Proposal for a directive
Article 3 – paragraph 3 b (new)
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 264 #
Proposal for a directive
Article 3 – paragraph 4 – introductory part
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 267 #
Proposal for a directive
Article 3 – paragraph 4 – point a
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 #
Proposal for a directive
Article 3 – paragraph 4 – point b
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 271 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
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
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 274 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – introductory part
Article 3 – paragraph 5 – subparagraph 2 – introductory part
Following that assessment, Member States shallas well the institutions, bodies, offices and agencies of the Union shall, within the limits of their respective competences and mandate:
Amendment 278 #
Proposal for a directive
Article 3 – paragraph 5 – subparagraph 2 – point b a (new)
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 281 #
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Where appropriate, Member States shall take measures to promote the participation ofMember 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 288 #
Proposal for a directive
Article 4 – paragraph 1
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 291 #
Proposal for a directive
Article 4 – paragraph 2
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 294 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
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
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 #
Proposal for a directive
Article 4 – paragraph 3 – point a
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 303 #
Proposal for a directive
Article 4 – paragraph 3 – point b a (new)
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 307 #
Proposal for a directive
Article 4 – paragraph 3 – point d
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)
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 319 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
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 325 #
Proposal for a directive
Article 7 – paragraph 1 – point a
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
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 331 #
Proposal for a directive
Article 8 – paragraph 1 – point a
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 334 #
Proposal for a directive
Article 8 – paragraph 1 – point b
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 339 #
Proposal for a directive
Article 9 – paragraph 1 – point a
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 341 #
Proposal for a directive
Article 9 – paragraph 1 – point b
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 344 #
Proposal for a directive
Article 10 – paragraph 1 – point a
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 347 #
Proposal for a directive
Article 10 – paragraph 1 – point b
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 355 #
Proposal for a directive
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
Amendment 360 #
Proposal for a directive
Article 12 – paragraph 1 – point 1
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 365 #
Proposal for a directive
Article 12 – paragraph 1 – point 2
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 370 #
Proposal for a directive
Article 12 a (new)
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 373 #
Proposal for a directive
Article 13 – paragraph 1
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 of property that that official knowsr 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 378 #
Proposal for a directive
Article 15 – paragraph 2 – point a
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 382 #
Proposal for a directive
Article 15 – paragraph 4 – point a
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 #
Proposal for a directive
Article 15 – paragraph 4 – point c – point iii a (new)
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 385 #
Proposal for a directive
Article 15 – paragraph 4 – point f
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)
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)
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 390 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
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
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
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 #
Proposal for a directive
Article 17 – paragraph 2 – point a
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 shouldsuch 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 397 #
Proposal for a directive
Article 17 – paragraph 2 – point i a (new)
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 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Amendment 402 #
Proposal for a directive
Article 18 – paragraph 1 – point c a (new)
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)
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 #
Proposal for a directive
Article 18 – paragraph 1 – point e a (new)
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 409 #
Proposal for a directive
Article 18 – paragraph 2 – point b
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
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 nationalpublic 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 413 #
Proposal for a directive
Article 19 – paragraph 1 a (new)
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)
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)
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 419 #
Proposal for a directive
Article 20 – paragraph 1 – point c a (new)
Article 20 – paragraph 1 – point c a (new)
(ca) the offence is committed in any Member State, in the case of grand corruption.
Amendment 422 #
Proposal for a directive
Article 21 – paragraph 2 – point a
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
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 #
Proposal for a directive
Article 21 – paragraph 2 – point c
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 427 #
Proposal for a directive
Article 21 – paragraph 3 – introductory part
Article 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 actprocedural 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:
Amendment 428 #
Proposal for a directive
Article 21 – paragraph 3 – point a
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
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
Article 21 – paragraph 3 – point c
(c) five years for the start of the prosecution of the criminal offences referred to in Articles 12a, 13 and 14.
Amendment 432 #
Proposal for a directive
Article 21 – paragraph 4 – point c
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 434 #
Proposal for a directive
Article 21 – paragraph 5 – point c
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 436 #
Proposal for a directive
Article 21 – paragraph 5 a (new)
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 438 #
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Member States shall take the necessary measures to ensure that Directive (EU) 2019/1937 is applicablegranted to the reporting of the offences referred to in Articles 7 to 14 and the protection of persons reporting such offences.
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 449 #
Proposal for a directive
Article 23 a (new)
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 451 #
Proposal for a directive
Article 23 b (new)
Article 23 b (new)
Amendment 452 #
Proposal for a directive
Article 23 c (new)
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 455 #
Proposal for a directive
Article 24 – paragraph 1
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 457 #
Proposal for a directive
Article 24 a (new)
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 461 #
Proposal for a directive
Article 25 – paragraph 4 a (new)
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 464 #
Proposal for a directive
Article 26 – title
Article 26 – title
Data collection and, statistics, and reporting
Amendment 467 #
Proposal for a directive
Article 26 – paragraph 1
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 473 #
Proposal for a directive
Article 26 – paragraph 2 – point f a (new)
Article 26 – paragraph 2 – point f a (new)
(fa) the assets frozen and confiscated in relation to corruption offences, and their estimated value;
Amendment 475 #
Proposal for a directive
Article 26 – paragraph 2 – point j a (new)
Article 26 – paragraph 2 – point j a (new)
(ja) the number and form of non-trial resolutions entered into with legal persons;
Amendment 476 #
Proposal for a directive
Article 26 – paragraph 3
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 478 #
Proposal for a directive
Article 26 – paragraph 3 a (new)
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)
Article 26 – paragraph 3 b (new)
Amendment 480 #
Proposal for a directive
Article 26 a (new)
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
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, active 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)
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)
Article 28 – paragraph 1 – point 2 b (new)
Amendment 484 #
Proposal for a directive
Article 28 – paragraph 1 – point 2 c (new)
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
Article 28 – paragraph 1 – point 3
Directive (EU) 2017/1371
Article 7(3)
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
Article 28 – paragraph 1 – point 3
Directive (EU) 2017/1371
Article 7(3)
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
Article 28 – paragraph 1 – point 3
Directive (EU) 2017/1371
Article 7(3)
Article 7(3)
Amendment 489 #
Proposal for a directive
Article 28 – paragraph 1 – point 3
Article 28 – paragraph 1 – point 3
Directive (EU) 2017/1371
Article 7(3)
Article 7(3)
Amendment 490 #
Proposal for a directive
Article 28 – paragraph 1 – point 4 – introductory part
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
Article 28 – paragraph 1 – point 4
Directive (EU) 2017/1371
Article 7(4)
Article 7(4)
Amendment 492 #
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(a) fifteen years from the time when the offence was committed, for the criminal offences referred to in Articles 3, 4(1) and (2(1)) and (3c);
Amendment 493 #
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(b) ten years from the time when the offence was committed for the criminal offence referred to in Article 4 (2(2)) to (3b).
Amendment 494 #
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraph (2), (3), and (4)
Article 12, paragraph (2), (3), and (4)
(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.
Amendment 495 #
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
(a) ten years for the criminal offences referred to in Articles 3, 4(1), (2(1)) and (23c);
Amendment 496 #
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(b) eight years for the criminal offence referred to in Article 4(3).2(2)) to (3b)
Amendment 497 #
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(ba) five years for the criminal offences referred to in Articles 4(3d) to (3f) and 5
Amendment 498 #
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(a) fifteen years from the date of the final conviction for any of the criminal offences referred to in Articles 3, 4(1) and (2(1)) and (3c);
Amendment 499 #
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(b) ten years from the date of the final conviction for the criminal offence referred to in Article 4(3).2(2)) to (3b);
Amendment 500 #
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(ba) five years for the criminal offences referred to in Articles 4(3d) to (3f) and 5.
Amendment 501 #
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(a) ten years from the date of the final conviction for any of the criminal offences referred to in Articles 3, 4(1) and 4(2(1)) and (3c);
Amendment 502 #
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)
(b) eight years from the date of the final conviction for the criminal offence referred to in Article 4(3).2(2)) to (3b)
Amendment 503 #
Proposal for a directive
Article 28 – paragraph 1 – point 8
Article 28 – paragraph 1 – point 8
Directive (EU) 2017/1371
Article 12, paragraphs (2), (3) and (4)
Article 12, paragraphs (2), (3) and (4)