(2)
Article 4(2) is replaced by the following: ‘2. Member States shall take the necessary measures to ensure that passive and active bribery in the public sector, when committed intentionally, constitute criminal offences. ; For the purposes of this Directive, “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. For the purposes of this Directive, “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.’
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Source: EUR-Lex (Cellar) · retrieved 2026-10-09 · Text as adopted (Official Journal); later amendments are not incorporated in this text.