Chapter II, Article 14, Paragraph 3. · Directive (EU) 2026/1021

Contents

3.Member States shall take the necessary measures to ensure that, at least a legal person held liable pursuant to Article 13(1) for the criminal offences referred to in Articles 3 to 6, and 9 is punishable by criminal or non-criminal fines, the amount of which shall be proportionate to the gravity of the conduct and to the individual, financial and other circumstances of the legal person concerned. Member States shall take the necessary measures to ensure that the maximum level of such fines is not less than:

(a)for criminal offences referred to in Articles 3 to 5:

(i)5 % of the total worldwide turnover of the legal person, either in the business year preceding that in which the offence was committed, or in the business year preceding that of the decision to impose the fine; or alternatively

(ii)an amount corresponding to EUR 40000000;

(b)for criminal offences referred to in Articles 6, 8 and 9:

(i)3 % of the total worldwide turnover of the legal person, either in the business year preceding that in which the offence was committed, or in the business year preceding that of the decision to impose the fine; or alternatively

(ii)an amount corresponding to EUR 24000000.

Member States may establish rules for cases where it is not possible to determine the amount of the fine on the basis of the total worldwide turnover of the legal person in the business year preceding that in which the offence was committed, or in the business year preceding that of the decision to impose the fine.

Defined terms · 11

Show every defined term

active bribery in the public sector
means the action of a person who promises, offers or gives, directly or through an intermediary, an advantage of any kind to a public official for himself or for a third party for him to act or to refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the Union’s financial interests.’
arbitrator
means any person called upon to render a legally binding decision in disputes submitted by the parties to the arbitration agreement where the status of arbitrators is set out in national law;
breach of duty
means, as a minimum, any behaviour constituting a breach of a statutory duty or 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;
high-level official
means a high-level official as defined in Article 2, point (9), of Directive (EU) 2026/1021 of the European Parliament and of the Council.
juror
means any person acting as a member of a body responsible for deciding on the guilt of an accused person within the framework of a trial, in accordance with national law;
legal person
means any entity having legal personality under applicable national law, except for States or public bodies in the exercise of State authority and for public international organisations;
national official
means any person holding an executive, administrative or judicial office at national, regional or local level, whether appointed or elected, or employed on the basis of a contract, whether permanent or temporary, paid or unpaid, irrespective of that person’s seniority.
passive bribery in the public sector
means the action of a public official who, directly or through an intermediary, requests or receives advantages of any kind, for himself or for a third party, or accepts a promise of such an advantage, to act or to refrain from acting in accordance with his duty or in the exercise of his functions in a way which damages or is likely to damage the Union’s financial interests.
property
means funds or assets of any kind, including crypto assets, 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 funds or assets;
public official
means:
Union official
means a person who is: Members of an institution, body, office or agency of the Union and the staff of such bodies shall be assimilated to Union officials, inasmuch as the Staff Regulations do not apply to them;