Legal provisions of COM(2023)234 - Combating corruption - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2023)234 - Combating corruption. |
|---|---|
| document | COM(2023)234 |
| date | May 3, 2023 |
Article 1
Subject matter and scope
This Directive establishes minimum rules concerning the definition of criminal offences and sanctions in the area of corruption, as well as measures to better prevent and fight corruption.
Article 2
Definitions
For the purposes of this Directive, the following definitions apply:
1. ‘prevention of corruption’ refers to the detection and elimination of the causes of and conditions for corruption, through development and implementation of a system of appropriate measures, as well as deterrence against corruption-related acts.
2. ‘property’ means funds or assets of any kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or an interest in, such assets.
3. ‘public official’ means:
(a) a Union official or a national official of a Member State or of a third country,
(b) any other person assigned and exercising a public service function in Member States or third countries, for an international organisation or for an international court.
4. ‘Union official’ means a person who is:
(a) a member of an institution, body, office or agency of the Union and the staff of such bodies shall be assimilated to Union officials.
(b) an official or other servant engaged under contract by the Union within the meaning of the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (the ‘Staff Regulations’);
(c) seconded to the Union by a Member State or by any public or private body, who carries out functions equivalent to those performed by Union officials or other servants.
5. ‘national official’ means any person holding an executive, administrative, or judicial office at national, regional or local level, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority. Any person holding a legislative office at national, regional or local level is considered a national official for the purpose of this Directive.
6. ‘breach of duty’ covers as a minimum any disloyal behaviour constituting a breach of a statutory duty, or, as the case may be, a breach of professional regulations or instructions, which apply within the business of a person who in any capacity directs or works for a private sector entity.
7. ‘legal person’ means any entity having legal personality under the applicable national law, except for States or public bodies in the exercise of State authority and for public international organisations.
8. ‘high level officials’ are heads of state, heads of central and regional government, members of central and regional government, as well as other political appointees who hold a high level public office such as deputy ministers, state secretaries, heads and members of a minister’s private office, and senior political officials, as well as members of parliamentary chambers, members of highest Courts, such as Constitutional and Supreme Courts, and members of Supreme Audit Institutions.
Article 3
Prevention of corruption
1. Member States shall take appropriate action, such as information and awareness-raising campaigns and research and education programmes, to raise public awareness on the harmfulness of corruption and reduce the overall commission of corruption offences as well as the risk of corruption.
2. Member States shall take measures to ensure the highest degree of transparency and accountability in public administration and public decision-making with a view to prevent corruption.
3. Member States shall take measures to ensure that key preventive tools such as an open access to information of public interest, effective rules for the disclosure and management of conflicts of interests in the public sector, effective rules for the disclosure and verification of assets of public officials and effective rules regulating the interaction between the private and the public sector are in place.
4. Member States shall adopt comprehensive and up-to-date measures to prevent corruption in both the public and private sectors, adapted to the specific risks of an area of activity. Such measures shall at least include actions to strengthen integrity and to prevent opportunities for corruption among:
(a) high level officials;
(b) members of law enforcement and the judiciary, including measures relating to their appointment and conduct, and by ensuring adequate remuneration and equitable pay scales.
5. Member States shall regularly perform an assessment to identify the sectors most at risk of corruption.
Following that assessment, Member States shall:
(a) organise, at least once a year, awareness-raising actions adapted to the specificities of the sectors identified, including on ethics; and
(b) develop plans to address the main risks in the sectors identified.
6. Where appropriate, Member States shall take measures to promote the participation of civil society, non-governmental organizations and community-based organizations in anti-corruption activities.
Article 4
Specialised bodies
1. Member States shall take the necessary measures to ensure that one or several bodies, or organisation units specialised in the prevention of corruption is or are in place.
2. Member States shall take the necessary measures to ensure that one or several bodies, or organisational units specialised in the repression of corruption is or are in place.
3. Member States shall take the necessary measures to ensure that the body or bodies, or an organisation unit or units as referred to in paragraph 1 and 2:
(a) are functionally independent from the government and have a sufficient number of qualified staff and the financial, technical and technological resources, as well as the powers and tools necessary to ensure the proper administration of their tasks;
(b) are known to the public;
(c) provide public access to relevant information on the exercise of their activities, with due regard for the protection of personal data and the confidentiality of investigations;
(d) operate and take decisions in accordance with transparent procedures established by law, with the effect of ensuring integrity and accountability.
Article 5
Resources
Member States shall take the necessary measures to ensure that national authorities competent for the detection, investigation, prosecution or adjudication of the criminal offences referred to in this Directive are continually provided with an adequate number of qualified staff and the financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive.
Article 6
Training
1. Each Member State shall take the necessary measures to ensure adequate resources for and the provision of training for its national officials to be able to identify different forms of corruption and corruption risks that may occur in the exercise of their duties and to react in a timely and appropriate manner to any suspicious activity.
2. Each Member State shall take the necessary measures to ensure adequate resources for and the provision of specialised anti-corruption training at regular intervals for its members of law enforcement, the judiciary and the staff of authorities tasked with criminal investigations and proceedings of offences falling within the scope of this Directive.
Article 7
Bribery in the public sector
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 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 in accordance with his duty or in the exercise of that official’s functions (active bribery);
(b) the request or receipt by a public official, directly or through an intermediary, of an advantage of any kind 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 in accordance with his duty or in the exercise of that official’s functions (passive bribery).
Article 8
Bribery in the private sector
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 course of economic, financial, business or commercial activities:
(a) the promise, offer or giving, directly or through an intermediary, an undue advantage of any kind to a person who in any capacity directs or works for a private-sector entity, for that person or for a third party, in order for that person to act or to refrain from acting, in breach of that person’s duties (active bribery);
(b) the request or receipt by a person, directly or through an intermediary, of an undue advantage of any kind or the promise of such an advantage, for that person or for a third party, while in any capacity directing or working for a private-sector entity, to act or to refrain from acting, in breach of that person’s duties (passive bribery).
Article 9
Misappropriation
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;
(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.
Article 10
Trading in influence
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 or giving, directly or through an intermediary, of an undue advantage of any kind to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining an undue advantage from a public official;
(b) the request or receipt, directly or through an intermediary, of an undue advantage of any kind or the promise of such an advantage to a person or a third party in order for that person to exert real or supposed influence with a view to obtaining an undue advantage from a public official.
2. In order for the conduct referred to in paragraph 1 to be punishable as a criminal offence, it shall be irrelevant whether or not the influence is exerted or whether or not the supposed influence leads to the intended results.
Article 11
Abuse of functions
Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally:
1. the performance of or failure to perform an act, in violation of laws, by a public official in the exercise of his functions for the purpose of obtaining an undue advantage for that official or for a third party;
2. the performance of or failure to perform an act, 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 purpose of obtaining an undue advantage for that person or for a third party.
Article 12
Obstruction of justice
Member States shall take the necessary measures to ensure that the following conduct is punishable as a criminal offence, when committed intentionally:
1. the use, directly or through an intermediary, of physical force, threats or intimidation or the promise, offering or giving of an advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a proceeding concerning any of the offences referred to in Article 7 to 11, 13 and 14;
2. the use, directly or through an intermediary, of physical force, threats or intimidation to interfere in the exercise of official duties by a person holding a judicial office or a member of law enforcement concerning any of the offences referred to in Article 7 to 11, 13 and 14.
Article 13
Enrichment from corruption offences
Member States shall take the necessary measures to ensure that the intentional acquisition, possession or use by a public official of property that that official knows is derived from the commission of any of the offences set out in Articles 7 to 12 and 14, is punishable as a criminal offence, irrespective of whether that official was involved in the commission of that offence.
Article 14
Incitement, aiding and abetting, and attempt
1. Member States shall take the necessary measures to ensure that inciting any of the offences referred to in Articles 7 to 13 is punishable as a criminal offence.
2. Member States shall take the necessary measures to ensure that aiding and abetting any of the offences referred to in Articles 7 to 13 is punishable as a criminal offence.
3. Member States shall take the necessary measures to ensure that attempting any of the offences referred to in Articles 9 and 11 to 13 is punishable as a criminal offence.
Article 15
Penalties and measures for natural persons
1. Member States shall take the necessary measures to ensure that the criminal offences referred to in Articles 7 to 14 are punishable by effective, proportionate and dissuasive criminal penalties.
2. Member States shall take the necessary measures to ensure that:
(a) the criminal offences referred to in Article 7 and 12 are punishable by a maximum term of imprisonment of at least six years;
(b) the criminal offences referred to in Article 8 to 11 are punishable by a maximum term of imprisonment of at least five years; and
(c) the criminal offence referred to in Article 13 is punishable by a maximum term of imprisonment of at least four years.
3. Where a criminal offence referred to in Article 9 involves damage of less than EUR 10 000 or an advantage of less than EUR 10 000, Member States may provide for sanctions other than criminal sanctions.
4. Without prejudice to paragraphs 1 to 3, Member States shall take the necessary measures to ensure that natural persons who have been convicted of committing one of the criminal offences referred to in Article 7 to 14 may be subject to sanctions or measures imposed by a competent authority and that are not necessarily of a criminal nature, including:
(a) fines;
(b) the removal, suspension and reassignment from a public office;
(c) the disqualification from
(i) holding a public office;
(ii) exercising a public service function;
(iii) holding office in a legal person owned in whole or in part by that Member State;
(iv) the exercise of commercial activities in the context of which the offence was committed;
(d) deprivation of the right to stand for elections, proportionate to the seriousness of the offence committed; and
(e) withdrawal of permits or authorisations to pursue activities in the context of which the offence was committed
(f) exclusions from access to public funding, including tender procedures, grants and concessions;
Article 16
Liability of legal persons
1. Member States shall take the necessary measures to ensure that legal persons can be held liable for any of the criminal offences referred to in Articles 7 to 14 committed for the benefit of those legal persons by any natural person, acting either individually or as part of an organ of the legal person, and having a leading position within the legal person, based on one or more of the following:
(a) a power of representation of the legal person;
(b) the authority to take decisions on behalf of the legal person; or
(c) the authority to exercise control within the legal person.
2. Member States shall take the necessary measures to ensure that legal persons can be held liable where the lack of supervision or control by a person referred to in paragraph 1 has made possible the commission, including by any of the persons under his authority, of any of the criminal offences referred to in Articles 7 to 14 for the benefit of that legal person.
3. Liability of legal persons under paragraphs 1 and 2 shall not exclude criminal proceedings against natural persons who are perpetrators, inciters or accessories in the criminal offences referred to in Articles 7 to 14.
Article 17
Sanctions for legal persons
1. Member States shall take the necessary measures to ensure that a legal person held liable for criminal offences pursuant to Article 16 are punishable by effective, proportionate and dissuasive sanctions.
2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons liable pursuant to Article 16 include:
(a) criminal or non-criminal fines, the maximum limit of which should not be less than 5 percent of the total worldwide turnover of the legal person, including related entities, in the business year preceding the decision imposing the fine;
(b) the exclusion of that legal person from entitlement to public benefits or aid;
(c) the temporary or permanent exclusion from public procurement procedures;
(d) the temporary or permanent disqualification of that legal person from the exercise of commercial activities;
(e) the withdrawal of permits or authorisations to pursue activities in the context of which the offence was committed;
(f) the possibility for public authorities to annul or rescind a contract with them, in the context of which the offence was committed;
(g) the placing of that legal person under judicial supervision;
(h) the judicial winding-up of that legal person; and
(i) the temporary or permanent closure of establishments which have been used for committing the offence.
Article 18
Aggravating and mitigating circumstances
1. Member States shall take the necessary measures to ensure that the following circumstances are to be regarded as aggravating circumstances, in relation to the offences referred to in Articles 7 to 14:
(a) the offender is a high level official;
(b) the offender has been convicted before of an offence referred to Articles 7 to 14;
(c) the offender obtained a substantial benefit or the offence caused substantial damage;
(d) the offender committed the offence for the benefit of a third country;
(e) the offender exercises investigation, prosecution or adjudication functions;
(f) the offence was committed within the framework of a criminal organisation within the meaning of Framework Decision 2008/841/JHA; and
(g) the offender is an obliged entity within the meaning of Article 2 of Directive (EU) 2015/849 of the European Parliament and of the Council61, or an employee of an obliged entity, or has the power, whether individually or as part of an organ of the obliged entity, to represent that entity, or the authority to take decisions on behalf of that entity or to exercise control within the obliged entity, and has committed the offence in the exercise of his professional activities.
2. Member States shall take the necessary measures to ensure that the following circumstances are regarded as mitigating circumstances, in relation to the criminal offences referred to Articles 7 to 14:
(a) the offender provides the competent authorities with information which they would not otherwise have been able to obtain, helping them to
(i) identify or bring to justice other offenders; or
(ii) find evidence.
(b) where the offender is a legal person and it has implemented effective internal controls, ethics awareness, and compliance programmes to prevent corruption prior to or after the commission of the offence; and
(c) where the offender is a legal person and it has, once the offence has been discovered, rapidly and voluntarily disclosed the offence to the competent authorities and taken remedial measures.
Article 19
Privileges or immunity from investigation and prosecution of corruption offences
Member States shall take the necessary measures to ensure that privileges or immunities from investigation and prosecution granted to national officials for the offences referred to in this Directive can be lifted through an objective, impartial, effective and transparent process pre-established by law, based on clear criteria, and that is concluded within a reasonable timeframe.
Article 20
Jurisdiction
1. Member States shall establish jurisdiction over the offences referred to in this Directive where:
(a) the offence is committed in whole or in part in its territory;
(b) the offender is a national of or has his or her habitual residence in that Member State;
(c) the offence is committed for the benefit of a legal person established in the territory of that Member State.
2. Where an offence referred to in this Directive falls within the jurisdiction of more than one Member State, the Member States concerned shall cooperate to determine which one shall conduct criminal proceedings. The matter shall, where appropriate and in accordance with Article 12 of Council Framework Decision 2009/948/JHA62, be referred to Eurojust.
3. In the cases referred to in paragraph 1, point (b), each Member State shall ensure that the exercise of its jurisdiction is not subject to the condition that a prosecution can be initiated only following a denunciation from the State in which the criminal offence was committed or following a report made by the victim in the State where the criminal offence was committed.
Article 21
Limitation periods for corruption offences
1. Member States shall take the necessary measures to provide for a limitation period in respect of the criminal offences referred to in Articles 7 to 14, which allows for sufficient time to effectively investigate, prosecute, trial and decide on those offences following their commission.
2. The limitation period referred to in paragraph 1 shall not be shorter than:
(a) fifteen years from the time when the offence was committed, for the criminal offences referred to in Articles 7 and 12;
(b) ten years from the time when the offence was committed, for the criminal offences referred to in Articles 8 to 11;
(c) eight years from the time when the offence was committed, for the criminal offences referred to in Articles 13 and 14.
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 acts 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:
(a) ten years for the criminal offences referred to in Articles 7 and 12;
(b) eight years for the criminal offences referred to in Articles 8 to 11;
(c) five years for the criminal offences referred to in Articles 13 and 14.
4. Member States shall take the necessary measures to enable the enforcement of a penalty of imprisonment following a final conviction for at least:
(a) fifteen years from the date of the final conviction for any of the criminal offences referred to in Articles 7 and 12;
(b) ten years from the date of the final conviction for any of the criminal offences referred to in Articles 8 to 11;
(c) eight years from the date of the final conviction for any of the criminal offences referred to in Articles 13 and 14.
5. By way of derogation from paragraph 4, Member States may establish a shorter limitation period, provided that the period may be interrupted or suspended in the event of specified acts 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:
(a) ten years from the date of the final conviction for any of the criminal offences referred to in Articles 7 and 12;
(b) eight years from the date of the final conviction for any of the criminal offences referred to in Articles 8 to 11;
(c) five years from the date of the final conviction for any of the criminal offences referred to in Articles 13 and 14.
Article 22
Protection of persons who report offences or assist the investigation
1. Member States shall take the necessary measures to ensure that Directive (EU) 2019/1937 is applicable to the reporting of the offences referred to in Articles 7 to 14 and the protection of persons reporting such offences.
2. In addition to the measures referred to in paragraph 1, 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.
Article 23
Investigative tools
Member States shall take the necessary measures to ensure that effective investigative tools, such as those used in countering organised crime or other serious crimes, are available to persons, units or services responsible for investigating or prosecuting the criminal offences referred to in this Directive.
Article 24
Cooperation between Member States’ authorities, the Commission, Europol, Eurojust, the European Anti-Fraud Office and the European Public Prosecutor's Office
Without prejudice to the rules on cross-border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF) and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in this Directive. To that end, where appropriate, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF), and the Commission shall provide technical and operational assistance in accordance with their respective mandates to facilitate the coordination of investigations and prosecutions by the competent authorities.
Article 25
Commission support to Member States and their competent authorities
1. The Commission shall, where appropriate, support Member States and competent authorities in complying with their obligations under this Directive.
2. The Commission shall prepare an overview of sectoral risks of corruption in the Union and facilitate information exchange among Member States and experts across the Union.
3. The Commission, through the EU network against corruption, shall in particular:
(a) facilitate cooperation and exchange of best practices among Member States’ practitioners, experts, researchers and other stakeholders;
(b) complement activities, such as those referred to in Article 3 and point (b) of Article 18(2) by developing best practices, guidance materials and methodologies.
4. The Commission shall inform Member States about financial resources at Union level available to Member States for the fight against corruption.
Article 26
Data collection and statistics
1. Member States shall collect statistical data on the criminal offences as referred to in Articles 7 to 14 of this Directive.
2. The statistical data referred to in paragraph 1 shall include at least the following:
(a) the number of cases reported;
(b) the number of cases investigated;
(c) the number of indictments;
(d) the average length of the criminal investigations of cases;
(e) the average length of courts proceedings of cases in first instance, second instance and cassation;
(f) the number of convictions ;
(g) the number of natural persons convicted and sanctioned, with specification of the number of public officials and high level officials;
(h) the number of legal persons held liable and sanctioned;
(i) the number of dismissed court cases for corruption, distinguishing between dismissals on the substance or not and including non-trial resolutions;
(j) the types and levels of sanctions imposed for each of the criminal offences referred to in Articles 7 to 14;
(k) the number of convictions pardoned, with specification of the number of pardons to public officials and to high level official.
3. Member States shall, on an annual basis and by 1 June, publish, in a machine-readable and disaggregated format, the statistical data referred to in paragraph 2 for the previous year and inform the Commission thereof.
Article 27
Replacement of 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
1. Framework Decision 2003/568/JHA is replaced with regard to the Member States bound by this Directive, without prejudice to the obligations of those Member States with regard to the date for transposition of that Framework Decision into national law.
With regard to the Member States bound by this Directive, references to Framework Decision 2003/568/JHA shall be construed as references to this Directive.
2. The Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union is replaced with regard to the Member States bound by this Directive.
With regard to the Member States bound by this Directive, references to that Convention shall be construed as references to this Directive.
Article 28
Amendments to Directive (EU) 2017/1371 on the fight against fraud to the Union’s financial interests by means of criminal law
Directive (EU) 2017/1371 is amended as follows:
(1) In Article 2(1), the following point (c) is inserted:
‘(c) ‘high level officials’ are those defined in Article 2(8) of Directive (EU) XXX on combating corruption.’
(2) In Article 4(2), the words ‘passive and active corruption’, ‘passive corruption’ and ‘active corruption’ are replaced respectively by ‘passive and active bribery in the public sector’, ‘passive bribery in the public sector’ and ‘active bribery in the public sector’.
(3) Article 7(3) is replaced by the following:
‘3. Member States shall take the necessary measures to ensure that the criminal offences referred to in Articles 3, 4(1) and (2) are punishable by a maximum penalty of at least six years of imprisonment when they involve considerable damage or advantage.
Member States shall take the necessary measures to ensure that the criminal offence referred to in Article 4(3) is punishable by a maximum penalty of at least five years of imprisonment when it involves considerable damage or advantage.
The damage or advantage resulting from the criminal offences referred to in points (a), (b) and (c) of Article 3(2) and in Article 4 shall be presumed to be considerable where the damage or advantage involves more than EUR 100 000.
The damage or advantage resulting from the criminal offences referred to in point (d) of Article 3(2) and subject to Article 2(2) shall always be presumed to be considerable.’
(4) In Article 7, paragraph (4) is replaced by the following:
‘4. Where a criminal offence referred to in points (a), (b) or (c) of Article 3(2) or in Article 4(1) and (3) involves damage of less than EUR 10 000 or an advantage of less than EUR 10 000, Member States may provide for sanctions other than criminal sanctions.’
(5) In Article 7, the following paragraph 6 is inserted:
‘7. Without prejudice to paragraphs 1 to 5, Member States shall take the necessary measures to ensure that natural persons who have been convicted of committing one of the criminal offences referred to in this Directive may be subject to sanctions or measures as referred to in Article 15(4) of Directive (EU) XXX on combating corruption.’
(6) Article 8 is replaced by the following:
‘Article 8
Aggravating and mitigating circumstances
Member States shall take the necessary measures to ensure that the circumstances referred to in Article 18 of Directive (EU) XXX on combating corruption are to be regarded as aggravating and mitigating circumstances, in relation to the criminal offences referred to in this Directive.’
(7) Article 9 is replaced by the following:
‘Article 9
Sanctions with regard to legal persons
1. Member States shall take the necessary measures to ensure that a legal person held liable for criminal offences pursuant to Article 6 shall be punishable by effective, proportionate and dissuasive sanctions.
2. Member States shall take the necessary measures to ensure that sanctions or measures for legal persons held liable pursuant to Article 6 shall include those referred to in Article 17(2) of Directive (EU) XXX on combating corruption.’
(8) In Article 12, paragraphs (2), (3) and (4) are replaced by the following:
‘2. The limitation period as referred to in paragraph 1 shall not be shorter than:
(a) fifteen years from the time when the offence was committed, for the criminal offences referred to in Articles 3, 4(1) and (2);
(b) ten years from the time when the offence was committed for the criminal offence referred to in Article 4(3).
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 acts 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:
(a) ten years for the criminal offences referred to in Articles 3, 4(1) and (2);
(b) eight years for the criminal offence referred to in Article 4(3).
4. Member States shall take the necessary measures to enable the enforcement of a penalty of imprisonment following a final conviction for at least:
(a) fifteen years from the date of the final conviction for any of the criminal offences referred to in Articles 3, 4(1) and (2);
(b) ten years from the date of the final conviction for the criminal offence referred to in Article 4(3).
5. By way of derogation from paragraph 4, Member States may establish a shorter limitation period, provided that the period may be interrupted or suspended in the event of specified acts 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:
(a) ten years from the date of the final conviction for any of the criminal offences referred to in Articles 3, 4(1) and 4(2);
(b) eight years from the date of the final conviction for the criminal offence referred to in Article 4(3).’
Article 29
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [18 months after adoption] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
2. When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.
3. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 30
Evaluation and reporting
1. By [24 months after the deadline for implementation of this Directive], the Commission shall submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive.
2. Every two years as of [12 months after the deadline for implementation of this Directive], Member States shall send the Commission a report within three months which includes a summary about implementation of and actions taken in accordance with Articles 3 to 6.
3. By [48 months after the deadline for implementation of this Directive], the Commission 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.
Article 31
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Article 32
Addressees
This Directive is addressed to the Member States in accordance with the Treaties.