EU Member States are failing to implement the requirements of the Council Framework on the combating of corruption in the private sector

A new report has revealed that most EU Member States have not yet criminalised all circumstances in which corruption may occur in the private sector.

Vice-President Franco Frattini, EU Commissioner responsible for Justice, Freedom and Security, said: "We must confront corruption wherever and whenever it occurs in both the public and private sectors as it poses a serious threat to a law-abiding society. We must fight corruption in the private sector in particular because it is harmful to the internal market, it distorts competition and impedes the sound economic development of Member States' economies".

Vice-President Frattini congratulated Belgium and the United Kingdom on fully meeting the key requirements of the Council Framework Decision 2003/568/JHA of 22 July 2003 on combating corruption in the private sector. However he also noted, "I am disappointed that so many Member States have yet to make it a criminal offence to give or receive a bribe through an intermediary," said Vice-President Frattini, "or to extend their legislation to cover non-profit organisations."

“I am disappointed that so many Member States have yet to make it a criminal offence to give or receive a bribe through an intermediary

Vice-President Franco Frattini, EU Commissioner responsible for Justice, Freedom and Security

The objective of the Council Framework Decision is to ensure that promising, offering or giving (active corruption) or requesting or receiving (passive corruption) an undue advantage of any kind in the course of business activities in the private sector are criminal offences in all Member States. It includes both profit and non-profit entities in its scope. It also ensures that legal persons may be held responsible for such offences.

The report is based on information received from Member States. Essentially, it finds that transposition of the Council Framework Decision is still at an early stage among Member States. The Commission invites Member States, including those which indicated that they were drafting legislation, to provide all further relevant information to the Commission as soon as possible.