On Tuesday 2 December, the Council of the EU and the European Parliament reached a political agreement on the definition and sanctions for corruption offences in the Member States’ Criminal Codes (see EUROPE 13664/13). The new Directive includes measures to prevent corruption and rules for more effective investigation and prosecution, according to a EU Council communication.
The following offences will now be punishable throughout the EU: bribery in the public and private sectors, misappropriation, trading in influence, obstruction of justice, enrichment from corruption offences, concealment and certain serious violations of unlawful exercise of public function.
In addition to harmonising their definitions of offences, Member States must provide for equivalent penalties. The maximum prison sentence for offenders will range from 3 to 5 years, depending on the nature of the offence.
Those found guilty may be subject to additional sanctions, including fines, removal from office, disqualification from holding public office or exercising a public service function, the withdrawal of permits and exclusion from access to tender procedures and public funds.
Companies will also be liable to penalties. The law stipulates that these penalties will take the form of fines, the maximum amount of which will be between 3% and 5% of their total worldwide sales or between €24 million and €40 million, depending on the nature of the offence.
Member States must also take measures to raise public awareness of the damaging effects of corruption and ensure the transparency and accountability of public administrations. They will also have to carry out, at appropriate intervals, an assessment aimed at identifying the sectors or professions most exposed to corruption.
The ECR Group is unhappy. The European Parliament, the Commission and the EU Council have once again opted for the status quo, by incorporating into the Directive provisions that already exist in national criminal codes, deplored the ECR Group.
“Despite repeated commitments, the agreement omits binding transparency rules for Commissioners, MEPs and senior EU officials. Proposals for mandatory asset declarations, lobbying transparency, conflict-of-interest safeguards, revolving-door restrictions and independent verification mechanisms were removed entirely”.
The trilogue agreement also weakens the provisions on bribery of foreign public officials, according to the ECR. (Original version in French by Solenn Paulic)