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

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

CONT-PA-753561

Committee on Budgetary Control · Rapporteur: Caterina Chinnici

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This draft opinion proposes amendments to the proposed directive on combating corruption, focusing on definitions, prevention measures, transparency, and cooperation.

Committee position. The Committee on Budgetary Control proposes amendments to the directive, focusing on definitions, prevention, transparency, and cooperation.

Key points

  1. Defines 'financial and economic crimes' to include corruption, misappropriation, fraud, coercion, collusion, obstruction, money laundering and terrorist financing, including when affecting the Union's financial interests.
  2. Defines 'nepotism' or 'cronyism' as preferential treatment by a public official based on personal or political connections.
  3. Expands the definition of 'national official' to include any person entrusted with tasks of public interest or in charge of a public service.
  4. Requires Member States to implement education for public integrity in schools to prevent corruption.
  5. Requires Member States to prevent favouritism, nepotism or cronyism in public recruitment and administrative procedures, with a systematic approach including risk identification, prevention, compliance, reporting and sanctioning.
  6. Requires Member States to ensure transparency and accountability in public administration, ensuring citizens are adequately informed.
  7. Requires Member States to ensure national officials receive information and support on professional standards, conflict of interests, and risks of financial and economic crimes when taking office.
  8. Requires dissemination of anti-corruption information via interoperable databases open to relevant individuals and entities, designed for comparing, crosschecking and aggregating data.
  9. Requires a minimum set of anti-corruption measures regardless of risk level: a gifts policy, mandatory disclosure of conflicts of interests, and an accessible corruption reporting system; risk assessments must consider the Commission's annual Rule of Law Report.
  10. Requires Member States to promote participation of civil society, non-governmental organizations and community-based organizations in anti-corruption activities.
  11. Requires that working arrangements with the EPPO be amended where appropriate, and that Europol, Eurojust, the EPPO, OLAF and the Commission report cooperation results in their annual reports to Parliament and Council.

Who is affected

  • Member States, which must implement education, prevention, transparency and reporting measures.
  • National officials, who receive information and support on integrity and conflict of interests.
  • Civil society and non-governmental organizations, whose participation in anti-corruption activities is promoted.
  • Europol, Eurojust, the EPPO, OLAF and the Commission, which must report on cooperation results.