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From · opinion parliamentary committee draft · 2023-10-17 CONT-PA-753561 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
To · Plenary report · 2024-02-21 A-9-2024-0048 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
+821 added · −11 removed · 10 modified paragraphs

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2023)0234 – C90162/2023 – 2023/0135(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0234),

– having regard to Article 294(2) and Articles 82(1) point (d), and 83(1) and (2) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0162/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to the reasoned opinions submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament and the Italian Chamber of Deputies, asserting that the draft legislative act does not comply with the principle of subsidiarity,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Budgetary Control,

– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0048/2024),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a directive

Recital 1 a (new)

Amendment 2

Proposal for a directive

Recital 1 b (new)

Amendment 3

Proposal for a directive

Recital 3

Amendment 4

Proposal for a directive

Recital 4

Amendment 5

Proposal for a directive

Recital 5

Amendment 6

Proposal for a directive

Recital 5 a (new)

Amendment 7

Proposal for a directive

Recital 5 b (new)

Amendment 8

Proposal for a directive

Recital 5 c (new)

Amendment 9

Proposal for a directive

Recital 6

Amendment 10

Proposal for a directive

Recital 6 a (new)

Amendment 11

Proposal for a directive

Recital 9

Amendment 12

Proposal for a directive

Recital 9 a (new)

Amendment 13

Proposal for a directive

Recital 9 b (new)

Amendment 14

Proposal for a directive

Recital 9 c (new)

Amendment 15

Proposal for a directive

Recital 9 d (new)

Amendment 16

Proposal for a directive

Recital 9 e (new)

Amendment 17

Proposal for a directive

Recital 14

Amendment 18

Proposal for a directive

Recital 14 a (new)

Amendment 19

Proposal for a directive

Recital 15

Amendment 20

Proposal for a directive

Recital 15 a (new)

Amendment 21

Proposal for a directive

Recital 15 b (new)

Amendment 22

Proposal for a directive

Recital 16

Amendment 23

Proposal for a directive

Recital 20

Amendment 24

Proposal for a directive

Recital 20 a (new)

Amendment 25

Proposal for a directive

Recital 25

Amendment 26

Proposal for a directive

Recital 28

Amendment 27

Proposal for a directive

Recital 28 a (new)

Amendment 28

Proposal for a directive

Recital 29 a (new)

Amendment 29

Proposal for a directive

Recital 29 b (new)

Amendment 30

Proposal for a directive

Recital 30

Amendment 31

Proposal for a directive

Recital 31

Amendment 32

Proposal for a directive

Recital 33

Amendment 33

Proposal for a directive

Recital 33 a (new)

Amendment 34

Proposal for a directive

Recital 33 b (new)

Amendment 35

Proposal for a directive

Recital 34

Amendment 36

Proposal for a directive

Recital 34 a (new)

Amendment 37

Proposal for a directive

Recital 34 b (new)

Amendment 38

Proposal for a directive

Recital 34 c (new)

Amendment 39

Proposal for a directive

Recital 34 d (new)

Amendment 40

Proposal for a directive

Recital 35

Amendment 41

Proposal for a directive

Article 1 – paragraph 1

Amendment 42

Proposal for a directive

Article 2 – paragraph 1 – point 1

Amendment 43

Proposal for a directive

Article 2 – paragraph 1 – point 2

Amendment 44

Proposal for a directive

Article 2 – paragraph 1 – point 3 – point b

Amendment 45

Proposal for a directive

Article 2 – paragraph 1 – point 4 – point a

Amendment 46

Proposal for a directive

Article 2 – paragraph 1 – point 5

Amendment 47

Proposal for a directive

Article 2 – paragraph 1 – point 6 a (new)

Amendment 48

Proposal for a directive

Article 2 – paragraph 1 – point 7

Amendment 49

Proposal for a directive

Article 2 – paragraph 1 – point 8

Amendment 50

Proposal for a directive

Article 2 – paragraph 1 – point 8 a (new)

Amendment 51

Proposal for a directive

Article 2 – paragraph 1 – point 8 b (new)

Amendment 52

Proposal for a directive

Article 3 – paragraph 1

Amendment 53

Proposal for a directive

Article 3 – paragraph 2

Amendment 54

Proposal for a directive

Article 3 – paragraph 3

Amendment 55

Proposal for a directive

Article 3 – paragraph 3 – point a (new)

Amendment 56

Proposal for a directive

Article 3 – paragraph 3 – point b (new)

Amendment 57

Proposal for a directive

Article 3 – paragraph 3 – point c (new)

Amendment 58

Proposal for a directive

Article 3 – paragraph 3 – point d (new)

Amendment 59

Proposal for a directive

Article 3 – paragraph 3 – point e (new)

Amendment 60

Proposal for a directive

Article 3 – paragraph 3 – point f (new)

Amendment 61

Proposal for a directive

Article 3 – paragraph 3 – point g (new)

Amendment 62

Proposal for a directive

Article 3 – paragraph 3 a (new)

Amendment 63

Proposal for a directive

Article 3 – paragraph 3 b (new)

Amendment 64

Proposal for a directive

Article 3 – paragraph 3 c (new)

Amendment 65

Proposal for a directive

Article 3 – paragraph 4 – introductory part

Amendment 66

Proposal for a directive

Article 3 – paragraph 4 – point a

Amendment 67

Proposal for a directive

Article 3 – paragraph 4 – point b

Amendment 68

Proposal for a directive

Article 3 – paragraph 4 a (new)

Amendment 69

Proposal for a directive

Article 3 – paragraph 4 b (new)

Amendment 70

Proposal for a directive

Article 3 – paragraph 5 – subparagraph 1

Amendment 71

Proposal for a directive

Article 3 – paragraph 5 – subparagraph 2 – introductory part

Amendment 72

Proposal for a directive

Article 3 – paragraph 5 – subparagraph 2 – point b

Amendment 73

Proposal for a directive

Article 3 – paragraph 5 – subparagraph 2 – point b a (new)

Amendment 74

Proposal for a directive

Article 3 – paragraph 5 – subparagraph 2 – point b b (new)

Amendment 75

Proposal for a directive

Article 3 – paragraph 5 a (new)

Amendment 76

Proposal for a directive

Article 3 – paragraph 6

Amendment 77

Proposal for a directive

Article 3 – paragraph 6 a (new)

Amendment 78

Proposal for a directive

Article 4 – paragraph 1

Amendment 79

Proposal for a directive

Article 4 – paragraph 2

Amendment 80

Proposal for a directive

Article 4 – paragraph 2 a (new)

Amendment 81

Proposal for a directive

Article 4 – paragraph 3 – introductory part

Amendment 82

Proposal for a directive

Article 4 – paragraph 3 – point a

Amendment 83

Proposal for a directive

Article 4 – paragraph 3 – point a a (new)

Amendment 84

Proposal for a directive

Article 4 – paragraph 3 – point c a (new)

Amendment 85

Proposal for a directive

Article 4 – paragraph 3 – point c b (new)

Amendment 86

Proposal for a directive

Article 4 – paragraph 3 – point c c (new)

Amendment 87

Proposal for a directive

Article 4 – paragraph 3 – point c d (new)

Amendment 88

Proposal for a directive

Article 4 – paragraph 3 – point d

Amendment 89

Proposal for a directive

Article 4 – paragraph 3 – point d a (new)

Amendment 90

Proposal for a directive

Article 4 – paragraph 3 a (new)

Amendment 91

Proposal for a directive

Article 5 – paragraph 1

Amendment 92

Proposal for a directive

Article 6 – paragraph 1

Amendment 93

Proposal for a directive

Article 6 – paragraph 1 a (new)

Amendment 94

Proposal for a directive

Article 6 – paragraph 2

Amendment 95

Proposal for a directive

Article 7 – paragraph 1 – point a

Amendment 96

Proposal for a directive

Article 7 – paragraph 1 – point b

Amendment 97

Proposal for a directive

Article 8 – paragraph 1 – point b

Amendment 98

Proposal for a directive

Article 10 – paragraph 1 – point a

Amendment 99

Proposal for a directive

Article 10 – paragraph 1 – point b

Amendment 100

Proposal for a directive

Article 11 – paragraph 1 – point 1

Amendment 101

Proposal for a directive

Article 11 – paragraph 1 – point 2

Amendment 102

Proposal for a directive

Article 12 – paragraph 1 – point 1

Amendment 103

Proposal for a directive

Article 12 – paragraph 1 – point 2

Amendment 104

Proposal for a directive

Article 12 – paragraph 1 – point 2 a (new)

Amendment 105

Proposal for a directive

Article 12 a (new)

Amendment 106

Proposal for a directive

Article 13 – paragraph 1

Amendment 107

Proposal for a directive

Article 13 – paragraph 1 a (new)

Amendment 108

Proposal for a directive

Article 13 a (new)

Amendment 109

Proposal for a directive

Article 13 b (new)

Amendment 110

Proposal for a directive

Article 14 – paragraph 1

Amendment 111

Proposal for a directive

Article 14 – paragraph 2

Amendment 112

Proposal for a directive

Article 15 – paragraph 2 – point a

Amendment 113

Proposal for a directive

Article 15 – paragraph 2 – point b

Amendment 114

Proposal for a directive

Article 15 – paragraph 2 – point c

Amendment 115

Proposal for a directive

Article 15 – paragraph 2 – point c a (new)

Amendment 116

Proposal for a directive

Article 15 – paragraph 3

Amendment 117

Proposal for a directive

Article 15 – paragraph 3 a (new)

Amendment 118

Proposal for a directive

Article 15 – paragraph 4 – point a

Amendment 119

Proposal for a directive

Article 15 – paragraph 4 – point b

Amendment 120

Proposal for a directive

Article 15 – paragraph 4 – point c – point i

Amendment 121

Proposal for a directive

Article 15 – paragraph 4 – point c – point ii

Amendment 122

Proposal for a directive

Article 15 – paragraph 4 – point c – point iii a (new)

Amendment 123

Proposal for a directive

Article 15 – paragraph 4 – point d

Amendment 124

Proposal for a directive

Article 15 – paragraph 4 – point f

Amendment 125

Proposal for a directive

Article 15 – paragraph 4 a (new)

Amendment 126

Proposal for a directive

Article 15 – paragraph 4 b (new)

Amendment 127

Proposal for a directive

Article 16 – paragraph 1 – introductory part

Amendment 128

Proposal for a directive

Article 16 – paragraph 1 – point a

Amendment 129

Proposal for a directive

Article 16 – paragraph 1 – point b

Amendment 130

Proposal for a directive

Article 16 – paragraph 1 – point c

Amendment 131

Proposal for a directive

Article 16 – paragraph 2

Amendment 132

Proposal for a directive

Article 17 – paragraph 1

Amendment 133

Proposal for a directive

Article 17 – paragraph 2 – point a

Amendment 134

Proposal for a directive

Article 17 – paragraph 2 – point i a (new)

Amendment 135

Proposal for a directive

Article 17 – paragraph 2 a (new)

Amendment 136

Proposal for a directive

Article 18 – paragraph 1 – point a

Amendment 137

Proposal for a directive

Article 18 – paragraph 1 – point b

Amendment 138

Proposal for a directive

Article 18 – paragraph 1 – point e

Amendment 139

Proposal for a directive

Article 18 – paragraph 1 – point g a (new)

Amendment 140

Proposal for a directive

Article 18 – paragraph 1 – point g b (new)

Amendment 141

Proposal for a directive

Article 18 – paragraph 1 – point g c (new)

Amendment 142

Proposal for a directive

Article 18 – paragraph 1 – point g d (new)

Amendment 143

Proposal for a directive

Article 18 – paragraph 2 – point b

Amendment 144

Proposal for a directive

Article 19 – paragraph 1

Amendment 145

Proposal for a directive

Article 19 – paragraph 1 – point a (new)

Amendment 146

Proposal for a directive

Article 19 – paragraph 1 – point b (new)

Amendment 147

Proposal for a directive

Article 19 – paragraph 1 a (new)

Amendment 148

Proposal for a directive

Article 19 – paragraph 1 b (new)

Amendment 149

Proposal for a directive

Article 19 – paragraph 1 c (new)

Amendment 150

Proposal for a directive

Article 21 – paragraph 2 – point c

Amendment 151

Proposal for a directive

Article 21 – paragraph 3 – introductory part

Amendment 152

Proposal for a directive

Article 21 – paragraph 3 – point c

Amendment 153

Proposal for a directive

Article 21 – paragraph 4 – point c

Amendment 154

Proposal for a directive

Article 21 – paragraph 5 – point c

Amendment 155

Proposal for a directive

Article 22 – paragraph 1

Amendment 156

Proposal for a directive

Article 22 – paragraph 2 a (new)

Amendment 157

Proposal for a directive

Article 23 – paragraph 1

Amendment 158

Proposal for a directive

Article 23 – paragraph 1 a (new)

Amendment 159

Proposal for a directive

Article 23 – paragraph 1 b (new)

Amendment 160

Proposal for a directive

Article 23 a (new)

Amendment 161

Proposal for a directive

Article 23 b (new)

Amendment 162

Proposal for a directive

Article 23 c (new)

Amendment 163

Proposal for a directive

Article 23 d (new)

Amendment 164

Proposal for a directive

Article 23 e (new)

Amendment 165

Proposal for a directive

Article 23 f (new)

Amendment 166

Proposal for a directive

Article 24 – paragraph 1

Amendment 167

Proposal for a directive

Article 24 – paragraph 3 (new)

Amendment 168

Proposal for a directive

Article 24 a (new)

Amendment 169

Proposal for a directive

Article 25 – paragraph 3 – introductory part

Amendment 170

Proposal for a directive

Article 25 – paragraph 3 – point a

Amendment 171

Proposal for a directive

Article 25 – paragraph 4 a (new)

Amendment 172

Proposal for a directive

Article 25 a (new)

Amendment 173

Proposal for a directive

Article 26 – title

Amendment 174

Proposal for a directive

Article 26 – paragraph 1

Amendment 175

Proposal for a directive

Article 26 – paragraph 2 – point a a (new)

Amendment 176

Proposal for a directive

Article 26 – paragraph 2 – point b

Amendment 177

Proposal for a directive

Article 26 – paragraph 2 – point d

Amendment 178

Proposal for a directive

Article 26 – paragraph 2 – point e

Amendment 179

Proposal for a directive

Article 26 – paragraph 2 – point f

Amendment 180

Proposal for a directive

Article 26 – paragraph 2 – point f a (new)

Amendment 181

Proposal for a directive

Article 26 – paragraph 2 – point j a (new)

Amendment 182

Proposal for a directive

Article 26 – paragraph 2 – point k

Amendment 183

Proposal for a directive

Article 26 – paragraph 3

Amendment 184

Proposal for a directive

Article 26 – paragraph 3 a (new)

Amendment 185

Proposal for a directive

Article 26 – paragraph 3 b (new)

Amendment 186

Proposal for a directive

Article 26 a (new)

Amendment 187

Proposal for a directive

Article 28 – paragraph 1 – point 2

Directive (EU) 2017/1371

Article 4 – paragraph 2

Amendment 188

Proposal for a directive

Article 28 – paragraph 1 – point 2 a (new)

Directive (EU) 2017/1371

Article 4 – paragraph 2 a (new)

Amendment 189

Proposal for a directive

Article 28 – paragraph 1 – point 2 b (new)

Directive (EU) 2017/1371

Article 4 – paragraph 3

Amendment 190

Proposal for a directive

Article 28 – paragraph 1 – point 2 c (new)

Directive (EU) 2017/1371

Article 4 – paragraph 3 a (new)

Amendment 191

Proposal for a directive

Article 28 – paragraph 1 – point 2 c (new)

Directive (EU) 2017/1371

Article 4 – paragraph 3 b (new)

Amendment 192

Proposal for a directive

Article 28 – paragraph 1 – point 2 c (new)

Directive (EU) 2017/1371

Article 4 – paragraph 3 c (new)

Amendment 193

Proposal for a directive

Article 28 – paragraph 1 – point 2 c (new)

Directive (EU) 2017/1371

Article 4 – paragraph 3 d (new)

Amendment 194

Proposal for a directive

Article 28 – paragraph 1 – point 2 c (new)

Directive (EU) 2017/1371

Article 4 – paragraph 3 e (new)

Amendment 195

Proposal for a directive

Article 28 – paragraph 1 – point 2 c (new)

Directive (EU) 2017/1371

Article 4 – paragraph 3 f (new)

Amendment 196

Proposal for a directive

Article 28 – paragraph 1 – point 2 d (new)

Directive (EU) 2017/1371

Article 5 – paragraph 2

Amendment 197

Proposal for a directive

Article 28 – paragraph 1 – point 3

Directive (EU) 2017/1371

Article 7 – paragraph 3

Amendment 198

Proposal for a directive

Article 28 – paragraph 1 – point 4

Directive (EU) 2017/1371

Article 7 – paragraph 4

Amendment 199

Proposal for a directive

Article 28 – paragraph 1 – point 7 a (new)

Directive (EU) 2017/1371

Article 11 – paragraph 1 – point b

Amendment 200

Proposal for a directive

Article 28 – paragraph 1 – point 7 b (new)

Directive (EU) 2017/1371

Article 11 – paragraph 1 – point c (new)

Amendment 201

Proposal for a directive

Article 28 – paragraph 1 – point 7 c (new)

Directive (EU) 2017/1371

Article 11 – paragraph 3

Amendment 202

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 12 – paragraph 2 – point a

Amendment 203

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 12 – paragraph 2 – point b

Amendment 204

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 12 – paragraph 2 – point b a (new)

Amendment 205

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 12 – paragraph 3 – introdcutory part

Amendment 206

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 12 – paragraph 3 – point a

Amendment 207

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 12 – paragraph 3 – point b

Amendment 208

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 12 – paragraph 3 – point b a (new)

Amendment 209

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 12 – paragraph 4 – point a

Amendment 210

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 12 – paragraph 4 – point b

Amendment 211

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 12 – paragraph 4 – point b a (new)

Amendment 212

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 28 – paragraph 5 – point a

Amendment 213

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 28 – paragraph 5 – point b

Amendment 214

Proposal for a directive

Article 28 – paragraph 1 – point 8

Directive (EU) 2017/1371

Article 28 – paragraph 5 – point b a (new)

Amendment 215

Proposal for a directive

Article 28 – paragraph 1 – point 8 a (new)

Directive (EU) 2017/1371

Article 12 a (new)

Amendment 216

Proposal for a directive

Article 28 – paragraph 1 – point 8 b (new)

Directive (EU) 2017/1371

Article 12 b (new)

Amendment 217

Proposal for a directive

Article 30 – paragraph 2

Amendment 218

Proposal for a directive

Article 30 – paragraph 2 a (new)

Amendment 219

Proposal for a directive

Article 30 – paragraph 3

Amendment 220

Proposal for a directive

Article 30 a (new)

EXPLANATORY STATEMENT

Corruption is one of the greatest contemporary threats to the proper functioning of both national and Union institutions. Corruption erodes the foundations of democracy, undermines trust in public institutions, and deprives our citizens of the opportunities and services they deserve. Significant financial resources flow from public budgets into the pockets of perpetrators of corruption every year. This robs us of valuable resources that could otherwise be invested in education, healthcare, and infrastructure. Corruption not only damages our economies but also corrodes the very fabric of our societies.

If we want a corruption-free Europe, we must acknowledge that the battle is multifaceted. It requires us to tackle corruption at all levels, from petty bribery to grand corruption schemes. It necessitates reforms in our legal frameworks, robust enforcement mechanisms, and the cultivation of a culture of ethics and accountability. It also involves empowering whistle-blowers who play a vital role in exposing corruption, often at great personal risk. And we can only make significant progress in the fight against corruption through the collective efforts of Member States, institutions, civil society, and the private sector.

Corruption-related offences are notoriously difficult to investigate and uncover as they are often committed by highly sophisticated groups of individuals skilled at utilising loopholes in the system. It is therefore needed to update the EU secondary legislation, which aims at setting minimum standards of combating corruption by means of primarily, but not exclusively criminal law.

The proposal at hand offers a robust update of definitions of criminal offences already defined in EU law, including bribery in both public and private sector, and adds new criminal offences, which are needed to make the fight against corruption more effective. It is also most welcome that the proposal brings EU legislation into line with the UN Convention against corruption. The draft report is aligned with the main objective of the proposal of achieving a comprehensive and unified framework for addressing corruption, thus ensuring that our efforts to combat corruption are consistent and effective across the European Union. The draft report builds on the proposal to tighten up the definitions of criminal offences and to add further two offences, namely concealment of property gained by means of corruption and misconduct in public office. Corruption rings often engage in or rely on activities falling within those two newly defined offences, and it is equally important to prosecute and punish those offences.

Beyond defining criminal offences, the proposal introduces new rules on sanctions and procedural safeguards aiming to eliminate any avenues of avoiding prosecution of corruption. The draft report raises some of the minimum sentences of imprisonment to bring them in line with the seriousness of the conduct in question.

The draft report further introduces additional rules to protect victims of corruption and to ensure that perpetrators cannot escape the consequences of their criminal activities by hiding behind legal entities or other legal schemes. Certain modifications to the Commission’s text are also proposed to strike the proper balance between the need to effectively investigate and prosecute corruption offences on one hand and to respect fundamental rights of all persons involved on the other.

The Commission has correctly recognised that the fight against corruption cannot be limited solely to means of criminal law and proposed measures on prevention of corruption. Prevention is often the most cost-effective way to combat corruption and enhancing this dimension should be at the heart of the Union’s approach. The draft report therefore strengthens those provisions in order to make the Member States’ obligations in this area clear and unambiguous. It is important to monitor phenomena, which are often corruption related, such as revolving doors between the public and private sector, potential conflicts of interest and unexplained assets of public officials. Corruption can be best prevented when relevant information is available to both the public and the relevant authorities in an easily accessible manner, which allows for efficient analysis. Proper regulation of lobbying activities, as well as having clear and transparent rules for the financing of political parties and electoral campaigns financing is also essential.

The proposal already recognizes the important role that civil society plays as watchdog (alerting on threats to rule of law, holding public authorities accountable and ensuring respect for fundamental rights) and requires Member States to promote their role in anti-corruption activities. The draft report strengthens the role of civil society in the prevention of and the fight against corruption, including by recognizing any organisation that aims to counter this phenomenon the right to a review of a prosecutorial decisions to open or not an investigation and by enabling civil society to act in defence of the rights of the victims of corruption.

Finally, the Commission’s proposal correctly reacts to the close link between legislation on corruption criminal offences and the PIF Directive (EU) 2017/1371. Since the perpetrators of corruption often also engage in criminal fraud against the Union’s financial interests, it is important to keep the two pieces of legislation aligned not only in terms of definitions, but also in terms of procedural instruments employed by them. The draft report proposes additional provisions to ensure the smooth implementation of both pieces of legislation, including addressing jurisdiction of the European Public Prosecutor’s Office.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

Pursuant to Article 8 of Annex I to the Rules of Procedure, the rapporteur declares that she has received input from the following entities or persons in the preparation of the report, until the adoption thereof in committee:

8.11.2023

OPINION OF THE COMMITTEE ON BUDGETARY CONTROL

for the Committee on Civil Liberties, Justice and Home Affairs

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

(COM(2023)0234 – C90162/2023 – 2023/0135(COD))

Rapporteur for opinion (*): Caterina Chinnici

(*) Associated committee – Rule 57 of the Rules of Procedure

AMENDMENTS

Proposal for a directive

Article 2 – paragraph 1 – point 1 a (new)

Or. en

Amendment 2

Proposal for a directive

Article 2 – paragraph 1 – point 1 ba (new)

Or. en

Amendment 3

Proposal for a directive

Article 2 – paragraph 1 – point 51 b (new)

Or. en

Amendment 4

Proposal for a directive

Article 32 – paragraph 1 a– (new)point 2

Or. en

Amendment 5

Proposal for a directive

Article 32 – paragraph 1 – point 3 – point b a (new)

Or. en

Amendment 6

Proposal for a directive

Article 32 – paragraph 21 – point 5

Or. en

Amendment 7

Proposal for a directive

Article 32 – paragraph 21 – point 6 a (new)

Or. en

Amendment 8

Proposal for a directive

Article 3 – paragraph 3 a (new)1

Or. en

Amendment 9

Proposal for a directive

Article 3 – paragraph 5 – subparagraph 21 a (new)

Or. en

Amendment 10

Proposal for a directive

Article 3 – paragraph 61 b (new)

Or. en

Amendment 11

Proposal for a directive

Article 3 – paragraph 2

Amendment 12

Proposal for a directive

Article 3 – paragraph 2 a (new)

Amendment 13

Proposal for a directive

Article 3 – paragraph 2 b (new)

Amendment 14

Proposal for a directive

Article 3 – paragraph 3 a (new)

Amendment 15

Proposal for a directive

Article 3 – paragraph 3 b (new)

Amendment 16

Proposal for a directive

Article 3 – paragraph 4 – introductory part

Amendment 17

Proposal for a directive

Article 3 – paragraph 4 – point b

Amendment 18

Proposal for a directive

Article 3 – paragraph 5 a (new)

Amendment 19

Proposal for a directive

Article 3 – paragraph 6

Amendment 20

Proposal for a directive

Article 3 – paragraph 6 a (new)

Amendment 21

Proposal for a directive

Article 3 – paragraph 6 b (new)

Amendment 22

Proposal for a directive

Article 7 – paragraph 1 – point a

Amendment 23

Proposal for a directive

Article 7 – paragraph 1 – point b

Amendment 24

Proposal for a directive

Article 15 – paragraph 4 – point f a (new)

Amendment 25

Proposal for a directive

Article 24 – paragraph 1

Or. en

Amendment 26

Proposal for a directive

Article 24 – paragraph 1 a (new)

Amendment 27

Proposal for a directive

Article 24 – paragraph 1 b (new)

Amendment 28

Proposal for a directive

Article 24 – paragraph 1 c (new)

Amendment 29

Proposal for a directive

Article 24 – paragraph 1 d (new)

Amendment 30

Proposal for a directive

Article 24 – paragraph 1 e (new)

Amendment 31

Proposal for a directive

Article 24 – paragraph 1 f (new)

ANNEX: List of entities or persons

from whom the rapporteur for the OPINION has received input

The following list is drawn up under the exclusive responsibility of the rapporteur for the opinion. The rapporteur has received input from the following entities or persons in the preparation of the [draft opinion / opinion, until the adoption thereof in committee]:

PROCEDURE – COMMITTEE ASKED FOR OPINION

FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION

PROCEDURE – COMMITTEE RESPONSIBLE

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE