A4-0348/97

Draft Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on making corruption in the private sector a criminal offence (10017/97 - C4-0478/97 - 97/0914(CNS))

The draft was approved with the following amendments:

(Amendment 1)

Recital 3a (new)

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HAVING REGARD to the Second Protocol, adopted by the Council on 19 June 1997, to the Convention on the protection of the European Communities' financial interests ((OJ C 221, 19.7.1997, p. 11.));

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(1) OJ C 221, 19.7.1997, p. 11.

(Amendment 2)

Recital 5a (new)

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WHEREAS the 21st Conference of European Ministers of Justice adopted a resolution on the links between corruption and organized crime in June 1997 in Prague;

(Amendment 3)

Recital 6a (new)

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WHEREAS the links between organized crime and corruption threaten fundamental principles of the European Union, such as pluralist democracy, the rule of law and respect for human rights, and hinders economic development, endangers the stability of democratic institutions and the moral foundations of society;

(Amendment 5)

Article 1(1), introduction

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1. To assist the fight against corruption, each Member State shall undertake, in accordance with the procedure laid down in Article 2, to offer effective judicial cooperation in connection with offences based on the following conduct and to ensure that such conduct is punishable by effective, proportionate and dissuasive criminal penalties and, at least in serious cases, by penalties involving deprivation of liberty which can give rise to extradition:

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1. To assist the fight against corruption, each Member State shall take the necessary measures to ensure that the conduct described in points (a) and (b) is made a criminal offence:

(Amendment 6)

Article 1(2)

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2. It shall be necessary for the conduct described in points (a) and (b) of paragraph 1 to have been intentional and to have occurred in the course of a business activity.

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2. It shall be necessary for the conduct described in points (a) and (b) of paragraph 1 to have been intentional and to have occurred in the course of a business activity with actual damages directly referrable to the conduct above.

(Amendment 7)

Article 1(2a) (new)

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2a. Each Member State shall take the necessary measures to ensure that the conduct referred to in points (a) and (b) of paragraph 1, and participating in and instigating the conduct in question, are punishable by effective, proportionate and dissuasive criminal penalties, including, at least in serious cases, penalties involving deprivation of liberty which can give rise to extradition.

(Amendment 8)

Article 1(3)

>Original text>

3. Each Member State shall ensure that legal persons may be held criminally or administratively liable for offences on behalf of a legal person, in accordance with procedures to be laid down in national law. Such liability on the part of the legal person shall be without prejudice to the criminal liability of the natural persons who were the perpetrators of the offences or their accomplices.

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3. Each Member State shall ensure that legal persons (as defined in Article 1 (d) of the Second Protocol to the Convention on the protection of the European Communities' financial interests) may be held criminally or administratively liable for offences committed for their benefit by any person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, based on

- a power of representation of the legal person, or

- an authority to take decisions on behalf of a legal person, or

- an authority to exercise control within the legal person,

as well as for involvement as accessories or instigators in such offences.

Such liability of a legal person shall not exclude criminal proceedings against natural persons who are perpetrators, instigators or accessories in the offences.

(Amendment 9)

Article 1(4)(ii)

>Original text>

(ii) outside the territory of one of the Member States by one of its nationals or in the course of a business activity carried out by any undertaking or association that has its head office in the territory of a Member State.

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(ii) outside its territory by one of its nationals or by any undertaking or association that has its head office in its territory.

(Amendment 10)

Article 1(5)

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5. Jurisdiction pursuant to paragraph 4 may be subject to specific conditions, such as denunciation by the victim.

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Deleted

(Amendment 12)

Article 2(2a) (new)

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2a. The introduction of this joint action shall be assessed annually by the Council. The European Parliament shall be informed of the results of that assessment.

(Amendment 13)

Article 2a (new)

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Article 2a

The Court of Justice of the European Communities shall have jurisdiction to give preliminary rulings on the validity and interpretation of this Joint Action.

(Amendment 14)

Article 2b (new)

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Article 2b

This Joint Action shall be published in the Official Journal. It shall enter into force on the day of its publication.

Legislative resolution embodying Parliament's opinion on the draft Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union, on making corruption in the private sector a criminal offence (10017/97 - C4-0478/97 - 97/0914(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the Council draft (10017/97 - 97/0914(CNS)),

- having been consulted by the Council pursuant to Article K.6, second paragraph, of the Treaty on European Union (C4-0478/97),

- having regard to Rule 58 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal (A4-0348/97),

1. Approves the Council draft, subject to Parliament's amendments;

2. Calls on the Council to notify Parliament should it intend to depart from the text approved by Parliament;

3. Instructs its President to forward this opinion to the Council and Commission.