Changes between two versions
What changed between the plenary report and the adopted text
From · plenary report· 21 Feb 2024
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
These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).
+12 added · −264 removed · 1 changed paragraphs, packaging included.
Part 5 of 6: Paragraphs 241–277
Removed:Article 28 – paragraph 1 – point 7 b (new), Article 11 – paragraph 1 – point c (new): (7b) In Article 11(1), the following point (c) is added: / ‘(c) the offence is committed for the benefit of a legal person established in its territory’.
Removed:Directive (EU) 2017/1371
Removed:Article 28 – paragraph 1 – point 7 c (new), Article 11 – paragraph 3: (7c) Article 11(3) is replaced by the following: ‘ / 3. A Member State shall inform the Commission where it decides to extend its jurisdiction to criminal offences referred to in Articles 3, 4 or 5 which have been committed outside its territory when the offender is one of its officials who acts in official duty.’ / (deleted) / (deleted) / (deleted)
Removed:Directive (EU) 2017/1371
Removed:Article 28 – paragraph 1 – point 8, Article 12 – paragraph 2 – point a: (a) fifteen years from the time when the offence was committed, for the criminal offences referred to in Article 3 and in Article 4(1), (2) and (3c);
Removed:Directive (EU) 2017/1371
Removed:Article 28 – paragraph 1 – point 8, Article 12 – paragraph 2 – point b: (b) ten years from the time when the offence was committed for the criminal offences referred to in Article 4(2a), (3), (3a) and (3b);
Removed:Directive (EU) 2017/1371
Removed:Article 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), (3e) and (3f), and in Article 5.
Removed:Directive (EU) 2017/1371
Removed:Article 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:
Removed:Directive (EU) 2017/1371
Removed:Article 28 – paragraph 1 – point 8, Article 12 – paragraph 3 – point a: (a) ten years for the criminal offences referred to in Article 3 and in Article 4(1), (2) and (3c);
Removed:Directive (EU) 2017/1371
Removed:Article 28 – paragraph 1 – point 8, Article 12 – paragraph 3 – point b: (b) eight years for the criminal offence referred to in Article 4(2b), (3), (3a) and (3b);
Removed:Directive (EU) 2017/1371
Removed:Article 28 – paragraph 1 – point 8, Article 12 – paragraph 3 – point b a (new): (ba) five years for the criminal offences referred to in Article 4(3d), (3e) and (3f) and in Article 5.
Removed:Directive (EU) 2017/1371
Removed:Article 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 Article 3 and in Article 4(1), (2) and (3c);
Removed:Directive (EU) 2017/1371
Removed:Article 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 4(2a), (3), (3a) and (3b);
Removed:Directive (EU) 2017/1371
Removed:Article 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 Article 4(3d), (3e) and (3f) and in Article 5.
Removed:Directive (EU) 2017/1371
Removed:Article 28 – paragraph 1 – point 8, Article 28 – paragraph 5 – point a: (a) ten years from the date of the final conviction for any of the criminal offences referred to in Article 3 and in Article 4(1), (2) and (3c);
Removed:Directive (EU) 2017/1371
Removed:Article 28 – paragraph 1 – point 8, Article 28 – paragraph 5 – point b: (b) eight years from the date of the final conviction for the criminal offence referred to in Article 4(2a), (3), (3a) and (3b);
Removed:Directive (EU) 2017/1371
Removed:Article 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.
Removed:Directive (EU) 2017/1371
Removed:Article 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.’
Removed:Directive (EU) 2017/1371
Removed:Article 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.’
Removed: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.
Removed:Article 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 Anti-Corruption report, as referred to in Article 26a, assessing the extent to which Member States implement this Directive.
Removed:Article 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.
Removed:Article 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.