The Council adopts new EU-wide legislation to combat corruption

The Council has given its final approval to a new piece of EU legislation that harmonises the definition of corruption across all Member States and establishes a common level of penalties for such offences. With measures to prevent corruption and rules to strengthen its investigation and prosecution, the legislation will bolster the fight against corruption in both the public and private sectors.

This new EU Directive will replace two existing EU legal acts: one from 2003 concerning corruption in the private sector and a 1997 EU Convention on acts of corruption involving officials of the EU or its Member States.

Harmonised definition of offences

The new rules ensure that the main corruption offences are defined and treated in a similar manner across the EU. These include bribery in the public sector and bribery in the private sector, embezzlement and misappropriation, trading in influence, obstruction of justice, enrichment through corruption offences, concealment, and certain serious offences relating to the unlawful exercise of public functions.

Harmonised penalties

Under the new EU rules, Member States must set common minimum levels of penalties for corruption offences, ensuring that the level set for maximum penalties is not too low. Depending on the offence, perpetrators may face prison sentences of between three and five years. Companies will also face penalties, with fines ranging from 3% to 5% of their total global turnover or between €24 million and €40 million, depending on the offence.

Member States will also have to set up specialised bodies to prevent corruption and raise public awareness of corruption, thereby fostering a culture of integrity.

International standards

The EU is a party to the United Nations Convention against Corruption, which is the most comprehensive international legal instrument in this field. The Directive will update the existing EU legislative framework and incorporate international standards that are binding on the EU, such as those of the United Nations Convention against Corruption.

Next steps

The Directive will enter into force 20 days after its publication in the Official Journal of the EU. Member States will have 24 months to transpose the provisions of the Directive into their national law. An exception applies to the provisions on risk assessments and national strategies, for which the deadline is 36 months.

More information: European Council.