Activities of Mireille D'ORNANO related to 2016/2224(INI)
Shadow opinions (1)
OPINION on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies
Amendments (45)
Amendment 1 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. - having regard to recital 20 and Articles 1 and 5 of Directive (EU) 2016/943 on trade secrets,
Amendment 2 #
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. - having regard to European Parliament resolution of 14 February 2017 on the role of whistleblowers in the protection of EU’s financial interests (2016/2055(INI)),
Amendment 3 #
Draft opinion
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. - having regard to the Decision of the European Ombudsman closing her own-initiative inquiry OI/1/2014/PMC concerning whistleblowing,
Amendment 4 #
Draft opinion
Paragraph -1 c (new)
Paragraph -1 c (new)
-1c. - having regard to Article 9 of the Council of Europe Civil Law Convention on Corruption,
Amendment 5 #
Draft opinion
Paragraph -1 d (new)
Paragraph -1 d (new)
-1d. - having regard to Article 22 of the Council of Europe Criminal Law Convention on Corruption,
Amendment 6 #
Draft opinion
Paragraph -1 e (new)
Paragraph -1 e (new)
-1e. - having regard to Council of Europe recommendation CM/Rec(2014)7 on the protection of whistleblowers,
Amendment 7 #
Draft opinion
Paragraph -1 f (new)
Paragraph -1 f (new)
-1f. - having regard to the decision of the European Court of Human Rights in the case Guja v. Moldova, Application No 14277/04 of 12 February 2008,
Amendment 8 #
Draft opinion
Paragraph -1 g (new)
Paragraph -1 g (new)
-1g. - having regard to the OECD publication on ‘Committing to effective whistleblower protection’,
Amendment 9 #
Draft opinion
Paragraph -1 h (new)
Paragraph -1 h (new)
-1h. - having regard to Articles 8, 13 and 33 of the United Nations Convention Against Corruption,
Amendment 10 #
Draft opinion
Paragraph -1 i (new)
Paragraph -1 i (new)
-1i. - having regard to the inquiry of the office of the European Ombudsman of 2 March 2015 and to its call for the EU institutions to adopt the required rules on whistleblowing,
Amendment 11 #
Draft opinion
Paragraph -1 j (new)
Paragraph -1 j (new)
-1j. - having regard to Rule 53 of the Rules of Procedure of the European Parliament,
Amendment 12 #
Draft opinion
Paragraph -1 k (new)
Paragraph -1 k (new)
-1k. A. whereas whistleblowers have, on a number of occasions, exposed major dangers, risks or scandals in the areas of the environment, health, food safety or animal welfare;
Amendment 13 #
Draft opinion
Paragraph -1 l (new)
Paragraph -1 l (new)
-1l. B. whereas whistleblowers often find themselves fighting a lone battle, in particular against powerful private interests, and face both personal and professional retribution;
Amendment 14 #
Draft opinion
Paragraph -1 m (new)
Paragraph -1 m (new)
-1m. C. whereas most EU Member States have ratified the UN Convention against Corruption, which makes it obligatory to provide appropriate and effective protection to whistleblowers;
Amendment 15 #
Draft opinion
Paragraph -1 n (new)
Paragraph -1 n (new)
-1n. D. whereas recital 20 and Articles 1 and 5 of Directive (EU) 2016/943 on trade secrets are not enough to guarantee whistleblowers sufficient protection;
Amendment 16 #
Draft opinion
Paragraph -1 o (new)
Paragraph -1 o (new)
-1o. D. whereas recital 20 and Articles 1 and 5 of Directive (EU) 2016/943 must be supplemented by more adequate legal instruments which give whistleblowers better protection;
Amendment 17 #
Draft opinion
Paragraph -1 p (new)
Paragraph -1 p (new)
-1p. E. whereas Parliament has already expressed the view that whistleblowers must be guaranteed better protection, in particular in its resolution of 14 February 2017 on the role of whistleblowers in the protection of EU’s financial interests (2016/2055(INI));
Amendment 18 #
Draft opinion
Paragraph -1 q (new)
Paragraph -1 q (new)
-1q. F. whereas Member States must be free to choose the sanctions they take against any person who reveals certain confidential information relating to national defence or the Member States’ vital interests, even if that information is revealed under the pretext of whistleblowing for the sake of environmental protection, health, food safety or animal welfare;
Amendment 20 #
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the lack of adequate whistleblower protection may havehas a negative impact on the implementation of EU policy on environmental protection, public health and food safety;
Amendment 21 #
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the lack of adequate whistleblower protection may have a negative impact on the implementation of EU policy on environmental protection, public health and, food safety and animal welfare;
Amendment 23 #
Draft opinion
Paragraph 1
Paragraph 1
1. Believes that the lack of adequate whistleblower protection may havehas a negative impact on the implementation of EU policy on environmental protection, public health and, food safety and animal welfare;
Amendment 30 #
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety, and that whistleblower protection will encourage the disclosure of dangers to public health and the environment and improve food safety, risks or scandals relating to the environment, public health, food safety or animal welfare;
Amendment 32 #
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety, and that whistleblower protection will encourage the disclosure of dangers to public health and the environment and improve food safety and animal welfare;
Amendment 33 #
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and, food safety and animal welfare, and that whistleblower protection will encourage the disclosure of dangers to public health and the environment and improve food safety;
Amendment 34 #
Draft opinion
Paragraph 2
Paragraph 2
2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety, and that whistleblower protection will encourage the disclosure of dangers to public health and the environment and improve, risks or scandals of relevance to the environment, public health or food safety;
Amendment 43 #
Draft opinion
Paragraph 3
Paragraph 3
Amendment 47 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that proper legislation in this area will also help to rebuild trust in scientific expertiseWould make it possible to reveal more easily any conflicts of interest that apply to scientists employed by European Union agencies or other bodies supposed to be independent and neutral;
Amendment 49 #
Draft opinion
Paragraph 4
Paragraph 4
Amendment 52 #
Draft opinion
Paragraph 4
Paragraph 4
4. Deplores the fact that too fewCalls on Member States haveto put protection for whistleblowers in place and insists that protection is required at EU level to ensure that whistleblowers are afforded equal legal protection in all Member States;
Amendment 53 #
Draft opinion
Paragraph 4
Paragraph 4
4. Deplores the fact that too few Member States have put protection for whistleblowers in place and insists that protection is required at EU level to ensure that whistleblowers are afforded equal legal protection in all Member States;
Amendment 55 #
Draft opinion
Paragraph 4
Paragraph 4
4. Deplores the fact that too fewCalls on Member States haveto put protection for whistleblowers in place and insists that protection is required at EU level to ensure thatfor whistleblowers are afforded equal legal protection in all Member Statfrom the European Union agencies;
Amendment 57 #
Draft opinion
Paragraph 4
Paragraph 4
4. Deplores the fact that too few Member States have put protection for whistleblowers in place and insists that protection is required at EU level to ensure thatfor whistleblowers are afforded equal legal protection in all Member Statfrom the European Union agencies;
Amendment 64 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to put forward a proposal for a whistleblower protection directive, particularly for whistleblowers from the European Union agencies, or any other EU instrument to the same effect;
Amendment 65 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to put forward a proposal for a whistleblower protection directive or any other EU instrument to the same effect;
Amendment 66 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges the Commission to put forward a proposal for a whistleblower protection directive or any other EU instrument to the same effect, particularly for whistleblowers from the European Union agencies;
Amendment 75 #
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that environmental crimes or crimes against animal welfare, which may result in health and food issues, should fall within the scope of any EU instrument protecting whistleblowers;
Amendment 76 #
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that environmental crimes, which may result in health and food issues, should fall within the scope of any EU instrumentthe proposal for a directive protecting whistleblowers;
Amendment 77 #
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that damage to the environmental crimes, which may result in health and food issues, should fall within the scope of any EU instrument protecting whistleblowers;
Amendment 84 #
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the fact that EU whistleblower protection legislation must be comprehensive and fast-acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action, in either the professional or the personal sphere;
Amendment 85 #
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the fact that EU whistleblower protection legislationlegislation concerning the protection of whistleblowers from the European Union agencies must be comprehensive and fast- acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action;
Amendment 86 #
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the fact that EU whistleblower protection legislation must be comprehensive and fast-acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action;
Amendment 91 #
Draft opinion
Paragraph 8
Paragraph 8
Amendment 93 #
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that the definition of a whistleblower should not be narrow or restricted to certain fields, and that whistleblowers in the public and private sectors should be afforded equal protectionit is vital to exclude from the scope of the directive certain confidential information directly or indirectly linked to the vital interests of the Member States, because inciting citizens to disclose such information would not be in the general interest;
Amendment 95 #
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses that the definition of a whistleblower should not be narrow or restricted to certain fields, and that whistleblowers in the public and private sectors should be afforded equal protectionmust clearly exclude people working in fields directly or indirectly linked to national defence or to the vital interests of the Member States;
Amendment 98 #
Draft opinion
Paragraph 9
Paragraph 9