What changed between the draft committee report and the plenary report

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

Added:Article 24 a (new): Article 24a / Platform on prevention and repression of corruption / 1. A platform on prevention and repression of corruption (the 'platform') shall be established under the aegis of the Commission. The platform shall be composed of representatives from specialised bodies or units referred to in Article 4 and the EU Anti-Corruption Coordinator referred to in Article 25a and shall be chaired by a representative from the Commission. The platform shall be convened at regular intervals. / 2. The platform shall: / (a) advise the Commission in relation to the implementation of the measures provided for in this Directive, promote identification and exchange of best practices in prevention and repression of corruption; / (b) promote the exchange of information and operational cooperation among the specialised bodies referred to in Article 4 in relation to the implementation of this Directive; / (c) enable the exchange of best practices to enhance cooperation with third countries. / 3. Representatives from Europol, Eurojust, the European Public Prosecutor's Office and the European Anti-Fraud Office (OLAF) and, where appropriate, from the Anti-Money Laundering Authority (AMLA) may be invited to participate in the meetings of the platform, also in order to facilitate the cooperation referred to in Article 24.

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

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

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

Added:Article 25 a (new): Article 25a / Coordination of the Union strategy on combating corruption / 1. In order to contribute to a coordinated and consolidated Union strategy on combating corruption, Member States shall facilitate the tasks of a European Union Anti-Corruption Coordinator (‘the Coordinator’). In particular, Member States shall transmit to the Coordinator, when requested, information referred to in Article 26 of this Directive. / 2. The Coordinator shall assist the Commission in promoting the effective and consistent application of this Directive and in monitoring the implementation of Articles 3 and 4 of this Directive. / 3. The Coordinator shall, where relevant, advise the Commission on the implementation of the country-specific recommendations related to combatting corruption, set out in the Commission annual Rule of Law Reports, or on national measures which might have a significant impact on their implementation.

Added:Article 26 – title: Data collection, statistics and reporting

Added:Article 26 – paragraph 1: 1. Member States shall collect disaggregated statistical data on each of the criminal offences as referred to in Articles 7 to 14 of this Directive.

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

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

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

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

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

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

Change 35

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

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

Change 36

Changed:Article 26 – paragraph 3: 3. Member States shall, on an annual basis and by 1 June,June: / (a) publish, in a disaggregated and machine-readable format that is open, machine-readable, accessible, findable and re-usable, together with their metadata andwithin asthe definedmeaning inof Directive (EU) 2019/1024 of the European Parliament and of the CouncilCouncil1a, ofthe 20statistical Junedata 2019referred onto openin dataparagraph and2 for the re-useprevious ofyear, publictogether sectorwith informationtheir andmetadata; in/ (b) produce a disaggregatedquantitative format,and qualitative assessment carried out based on the statistical data referred to in paragraph 2 for the previous yearyear; / (c) transmit the data and informassessment referred to in points (a) and (b) to the Commission thereof.and the European Anti-Corruption Coordinator. / 1a Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (recast) (OJ L 172, 26.6.2019, p. 56; ELI: http://data.europa.eu/eli/dir/2019/1024/oj).

Change 37

Removed:Directive (EU) 2017/1371

Added:Article 26 – paragraph 3 a (new): 3a. The Commission shall adopt an implementing act within one year from the entry into force of this Directive, in which it sets out tools and processes to facilitate the reporting referred to in paragraph 3, including standard formats for the different types of reported data, to ensure their relevance and objectivity. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 30a(2) of this Directive.

Removed:Article 28 – paragraph 1 – point 2, Article 4 – paragraph 2: (2) Article 4(2) 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, as 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 cour…

Added:Article 26 – paragraph 3 b (new): 3b. The Commission shall, on an annual basis and by 31 December, carry out a comparative analysis of the statistical data and of the quantitative and qualitative assessments reported by the Member States pursuant to paragraph 3. The comparative analysis shall be carried out in cooperation with members of the EU anti-corruption network. It shall identify any deficiencies in data collection, and offer support to Member States in order to address them.

Removed:Directive (EU) 2017/1371

Added:Article 26 a (new): Article 26a / EU Anti-Corruption Report / 1. The results of the comparative analysis referred to in Article 26 shall be made public by the Commission, on an annual basis and by 1 April, in the form of a yearly EU Anti-Corruption Report. The Anti-Corruption Report shall include: / (a) a comprehensive country-specific assessment of anti-corruption efforts and related results achieved in each Member State in key public and private sectors for the previous year; / (b) a comprehensive overview of the public and private sectors most affected by misappropriation of EU funds in each Member State; / (c) the identification of corruption-related trends across Member States, and a detailed description of systemic corruption issues at the Union level for the previous year; / (d) sector-specific recommendations for each Member States, taking into account the severity and impact of the corruption-related challenges, and modulated according to the scale of potential impact for a wider range of Union policies. / 2. Within three months from the publication of the Anti-Corruption Report, Member States shall provide written replies to the Commission, indicating measures and follow-up actions to be taken to address the identified country-specific and sector-specific shortcomings. The Commission shall promptly review and publish the replies provided by the Member States.

Removed:Article 28 – paragraph 1 – point 2 a (new), Article 4 – paragraph 3: (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.’

Removed:Article 28 – paragraph 1 – point 2 b (new) – introductory part: (2b) In Article 4 the following paragraphs are inserted:

Directive (EU) 2017/1371

Change 38

Changed:Article 28 – paragraph 1 – point 2 b (new),2, Article 4 – paragraph 32: a(2) (new):Article ‘3a.4(2) is replaced by the following: / ‘2. Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally: / (a) the promise, offer or giving, directly or through an intermediary, of an undue advantage of any kind to a personpublic official for that official or for a third party in order for thatthe personpublic toofficial exertto realact or supposed influence with a viewrefrain tofrom obtainingacting anin unduethe advantageexercise fromof athat publicofficial’s officialfunctions in a way which damages or is likely to damage the Union’s financial interests;interests (active bribery); / (b) the request or receipt,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 tofor athat personofficial or for a third partyparty, in order for thatthe personpublic toofficial exertto realact or supposed influence with ato viewrefrain tofrom obtainingacting anin unduethe advantageexercise fromof athat publicofficial’s officialfunctions in a way which damages or is likely to damage the Union’s financial interests.interests (passive bribery). / InMember orderStates forshall take the conductnecessary referredmeasures to inensure pointsthat (a)it andis (b)presumed tothat beany punishableact asof passive bribery or committed by a criminal‘Union offence,official’, ithas shallthe beaim irrelevantof whetherdeviating orresources notfrom the influencelawful isexercise exertedof ortheir whetherpublic oroffice notand, theas supposedsuch, influenceimplies leadsa damage to the intendedUnion’s results.financial interests.’

Directive (EU) 2017/1371

Change 39

Changed:Article 28 – paragraph 1 – point 2 ba (new), Article 4 – paragraph 32 ba (new): 3b.(2a) In Article 4, the following paragraph 2a is inserted: / ‘2a. Member States shall take the necessary measures to ensure that the following conduct isshall be punishable as a criminal offence, when committed intentionally:intentionally /and 1.in the performancecourse of economic, financial, business or failurecommercial toactivities: perform/ (a) the promise, offer or giving directly or through an act,intermediary, inof violationan undue advantage of laws,any bykind to a publicperson officialwho in theany exercisecapacity ofdirects hisor functionsworks for thea purposeprivate-sector ofentity, obtainingfor anthat undueperson advantageor for a third party, in order for that officialperson to act or forto arefrain thirdfrom partyacting, in breach of that person’s duties in a way which damages or is likely to damage the Union’s financial interests;interests (active bribery); / 2.(b) the performance ofrequest or failurereceipt toby performa anperson, act,directly inor breachthrough ofan duties,intermediary, byof aan personundue whoadvantage inof any capacity directskind or worksthe forrequest aor private-sectoracceptance entityof inan offer or the coursepromise of economic,such financial,an businessadvantage, orfor commercialthat activitiesperson or for thea purposethird ofparty, obtainingwhile anin undueany advantagecapacity directing or working for thata personprivate-sector entity, to act or forto arefrain thirdfrom partyacting, in breach of that person’s duties in a way which damages or is likely to damage the Union’s financial interests.interests (passive bribery).’

Directive (EU) 2017/1371

Change 40

Changed:Article 28 – paragraph 1 – point 2 b (new), Article 4 – paragraph 33: c(2b) (new):Article 3c.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: / 1.(a) the use, directlycommitting, ordisbursing, throughappropriation anor intermediary,use ofby physicala force,public threatsofficial orof intimidationproperty orwhose themanagement promise,is offeringdirectly or giving of anindirectly advantageentrusted to inducethat falsepublic testimonyofficial orcontrary to interfere in the giving of testimonypurpose orfor thewhich productionit ofwas evidenceintended in a proceeding concerningany theway commissionwhich ofdamages offencesthe asUnion’s referredfinancial tointerests inor thisis Directive;likely /to 2.damage the use, directlyUnion’s orfinancial throughinterests; an/ intermediary,(b) ofthe physicalcommitting, force,disbursing, threatsappropriation or intimidation to interfereuse, in the exercisecourse of officialeconomic, dutiesfinancial, bybusiness aor personcommercial holdingactivities, by a judicialperson officewho ordirects aor memberworks, ofin lawany enforcementcapacity, in relationa toprivate thesector commissionentity, of offencesany asproperty referredwhose tomanagement inis thisdirectly Directive.or /indirectly 3.entrusted theto destruction,that alteration,public concealmentofficial orcontrary falsificationto ofthe evidencepurpose withfor thewhich intentit towas interfereintended in aany proceedingway concerningwhich damages the commissionUnion’s offinancial offencesinterests asor referredis likely to indamage thisthe Directive.Union’s financial interests.’

Directive (EU) 2017/1371

Change 41

Changed:Article 28 – paragraph 1 – point 2 bc (new), Article 4 – paragraph 3 da (new): 3d.(2c) In Article 4, the following paragraph is inserted: / ‘3a. Member States shall take the necessary measures to ensure that the intentional acquisition,following possessionconduct oris usepunishable byas a publiccriminal officialoffence, ofwhen propertycommitted thatintentionally: is/ significantly(a) disproportionatethe topromise, andoffer cannotor begiving, justifieddirectly byor thethrough lawfulan incomeintermediary, of thean publicundue officialadvantage shallof beany punishablekind asto a criminalperson offence,or wherea thethird nationalparty courtin isorder satisfiedfor that suchperson propertyto isexert derivedreal fromor anysupposed kindinfluence ofwith criminala involvementview into theobtaining commissionan ofundue anadvantage offencefrom asa setpublic outofficial in thisa Directive.way /which Indamages determiningor whetheris likely to damage the propertyUnion’s infinancial questioninterests; is/ derived(b) fromthe request or receipt, directly or through an intermediary, of an undue advantage of any kind or the request or acceptance of criminalan involvementoffer inor the commissionpromise of such an offenceadvantage asto seta outperson inor thisa Directive,third accountparty shallin beorder takenfor ofthat allperson theto circumstancesexert ofreal theor case.supposed Itinfluence iswith nota necessaryview to establishobtaining allan theundue factualadvantage elementsfrom ora allpublic circumstancesofficial relatingin toa thatway criminalwhich involvement,damages includingor is likely to damage the identityUnion’s offinancial interests. / In order for the perpetratorconduct referred to in points (a) and (b) to be punishable as a criminal offence, it isshall be irrelevant whether or not the personinfluence committed,is exerted or waswhether involvedor in,not the criminalsupposed involvementinfluence fromleads whichto the property wasintended derived.results.

Directive (EU) 2017/1371

Change 42

Changed:Article 28 – paragraph 1 – point 2 bc (new), Article 4 – paragraph 3 eb (new): 3e.‘3b. Member States shall take the necessary measures to ensure that,that the following conduct is punishable as a criminal offence, when committed intentionally,intentionally: / (a) the concealmentperformance of or continuedfailure retentionto perform an act, in violation of propertylaws, by a personpublic havingofficial knowledgein the exercise of that suchpublic propertyofficial’s functions for the purpose of obtaining an undue advantage of any nature for that official or for a third party in a way which damages or is likely to damage the resultUnion’s financial interests; / (b) the performance of or failure to perform an act, in violation of laws or in breach of duties, by a person who in any capacity directs or works for a private-sector entity in the course of economic, financial, business or commercial activities for the offencespurpose establishedof inobtaining accordancean withundue thisadvantage Directive,of evenany withoutnature havingfor participatedthat person or for a third party in theira commission,way which damages or is punishablelikely asto adamage criminalthe offence.Union’s financial interests.’;

Directive (EU) 2017/1371

Change 43

Changed:Article 28 – paragraph 1 – point 2 bc (new), Article 4 – paragraph 3 fc (new): 3f.‘3c. Member States shall take the necessary measures to ensure that,that the following conduct is punishable as a criminal offence, when committed inintentionally: a/ way(a) whichthe damagesuse, directly or isthrough likelyan intermediary, of inducements, physical force, threats or intimidation or the promise, offering or giving of an advantage to damageinduce false testimony, to interfere in the Union’sgiving financialof interests,testimony or the culpableproduction breachof byevidence or to influence, pressure or coerce witnesses, experts or any involved parties to abstain from participating, communicating or cooperating with judicial authorities in a publicproceeding officialconcerning the commission of anoffences officialreferred duty,to byin failingthis toDirective; perform/ it(b) the use, directly or performingthrough itan defectively,intermediary, ifof itphysical causesforce, damagethreats or injuryintimidation to interfere in the rightsexercise of official duties by a person holding a judicial office or legitimatea interestsmember of alaw naturalenforcement personin relation to the commission of offences referred to in this Directive; / (c) the destruction, alteration, concealment or falsification of evidence, including digital evidence, with the intent to interfere in a legalproceeding person,concerning shallthe becommission punishableof offences as areferred criminalto offence.in this Directive.’;

Directive (EU) 2017/1371

Change 44

Changed:Article 28 – paragraph 1 – point 2 c (new), Article 54 – paragraph 2: (2c) Article 5(2) is replaced by the3 following:d /(new): ‘2.‘3d. Member States shall take the necessary measures to ensure that attemptingthe anintentional offenceacquisition, referredpossession toor inuse Articlesby 3a andpublic 4(3),official (3b)of property that is significantly disproportionate to (3d)and cannot be justified by the lawful income of thisthat Directivepublic isofficial shall be punishable as a criminal offence.’offence where such property is derived from the commission of an offence as set out in this Directive. / In determining whether the property in question is derived from any kind of criminal involvement in the commission of an offence as set out in this Directive, account shall be taken of all the circumstances of the case, including the specific facts and available evidence.’;

Directive (EU) 2017/1371

Change 45

Changed:Article 28 – paragraph 1 – point 3,2 c (new), Article 74 – paragraph 3 –e subparagraph(new): 1:‘3e. Member States shall take the necessary measures to ensure that, when committed intentionally, the concealment of property by a person having knowledge that such property is the criminalresult offencesof referredany toof the offences established in Articlesaccordance 3,with 4(1),this (2(1))Directive, andeven (3c)if arethat punishableperson bywas anot maximuminvolved penaltyin the commission of atsuch leastoffences, sevenis yearspunishable ofas imprisonment.a criminal offence.’;

Directive (EU) 2017/1371

Change 46

Changed:Article 28 – paragraph 1 – point 3,2 c (new), Article 74 – paragraph 3 –f subparagraph(new): 2:‘3f. Member States shall take the necessary measures to ensure thatthat, thewhen criminalcommitted offencein referreda toway inwhich Articledamages 4(2(2))or is likely to 4(3b)damage isthe punishableUnion’s financial interests, the culpable breach by a maximumpublic penaltyofficial of atan leastofficial sixduty, yearsby failing to perform it or performing it defectively, if it causes substantial damage or injury to the rights or legitimate interests of imprisonment.a natural person or a legal person, is punishable as a criminal offence.’;

Directive (EU) 2017/1371

Change 47

Changed:Article 28 – paragraph 1 – point 3,2 d (new), Article 75 – paragraph 32: –(2d) subparagraphArticle 25(2) ais (new):replaced by the following: / ‘2. Member States shall take the necessary measures to ensure that theattempting criminalan offence referred to in Article 4(3d)3 and (3e) isin punishableArticle by4(3), a(3b), maximum(3c) penaltyand of(3d) atis leastpunishable fiveas yearsa ofcriminal imprisonment.offence.’

Directive (EU) 2017/1371

Change 48

Changed:Article 28 – paragraph 1 – point 3, Article 7 – paragraph 3: ‘3. Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3 –and subparagraphin 2Article b4(1), (new):(2) and (3c) are punishable by a maximum penalty of at least seven years of imprisonment; offences referred to in Article 4(2) which have been committed to obtain a lawful act are punishable by a maximum term of imprisonment of at least five years. / Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 4(2a), (3), (3a) and (3b) are punishable by a maximum penalty of at least six years of imprisonment. / Member States shall take the necessary measures to ensure that the criminal offence referred to in Article 4(3d) and (3e) is punishable by a maximum penalty of at least five years of imprisonment. / Member States shall take the necessary measures to ensure that the criminal offence referred to in Article 4(3f) is punishable by a maximum penalty of at least three years of imprisonment.imprisonment.’

Directive (EU) 2017/1371

Change 49

Changed:Article 28 – paragraph 1 – point 3,4, Article 7 – paragraph 34: –(4) subparagraphIn 3:Article deleted7, paragraph 4 is deleted. / (deleted)

Directive (EU) 2017/1371

Change 50

Removed:Article 28 – paragraph 1 – point 3, Article 7 – paragraph 3 – subparagraph 4: deleted

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

Directive (EU) 2017/1371

Change 51

Changed:Article 28 – paragraph 1 – point 4,7 b (new), Article 711 – paragraph 4:1 (4)– point c (new): (7b) In Article 7,11(1), paragraphthe (4)following point (c) is deleted.added: / (deleted)‘(c) the offence is committed for the benefit of a legal person established in its territory’.

Directive (EU) 2017/1371

Change 52

Changed:Article 28 – paragraph 1 – point 7 ac (new), Article 11 – paragraph 1: (7a)3: In(7c) Article 11(1)11(3) ‘oris areplaced habitualby residentthe infollowing: its‘ territory’/ is3. addedA Member State shall inform the Commission where it decides to pointextend (b).its /jurisdiction Into Articlecriminal 11(1)offences thereferred followingto pointin (c)Articles is3, added:4 ‘theor offence5 iswhich have been committed foroutside its territory when the benefitoffender is one of aits legalofficials personwho establishedacts in itsofficial territory.’duty.’ / (deleted) / (deleted) / (deleted)

Directive (EU) 2017/1371

Change 53

Removed:Article 28 – paragraph 1 – point 7 b (new), Article 11 – paragraph 3: (7b) 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 Article 3, 4 or 5 which have been committed outside its territory when the offender is one of its officials who acts in his or her official duty.’ / (deleted) / (deleted) / (deleted)

Added: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);

Directive (EU) 2017/1371