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.