(a)

paragraph 3 is replaced by the following: ‘3. Member States shall take the necessary measures to ensure that the criminal offences referred to in Article 3 and in Article 4(1) and (3) are punishable by a maximum term of imprisonment of at least four years where those criminal offences involve considerable damage or advantage. Member States shall take the necessary measures to ensure that, where the act to be performed or the refraining from acting to be performed by the official is not in breach of that official’s duties, the criminal offences referred to in Article 4(2) are punishable by a maximum term of imprisonment of at least four years where those criminal offences involve considerable damage or advantage. Member States shall take the necessary measures to ensure that, where the act to be performed or the refraining from acting to be performed by the official is in breach of that official’s duties, the criminal offences referred to in Article 4(2) are punishable by a maximum term of imprisonment of at least five years of imprisonment where those criminal offences involve 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. The damage or advantage resulting from the criminal offences referred to in point (d) of Article 3(2) and subject to Article 2(2) shall always be presumed to be considerable. Member States may also provide for a maximum term of imprisonment of at least four years in other serious circumstances defined in their national law.’ ;

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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.