37 Amendments of Marco VALLI related to 2018/0106(COD)
Amendment 86 #
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16, 33, 43, 50, 53(1), 62, 91, 100, 103, 109, 114, 168, 169, 192, 207 and, 325(4) and article 352, thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 31 thereof,
Amendment 89 #
Proposal for a directive
Recital 3
Recital 3
(3) In certain policy areas, bBreaches of Union law may cause serious harm to the public interest, in the sense of creating significant risks for the welfare of society. Where weaknesses of enforcement have been identified in those areas, and whistleblowers are in a privileged position to disclose breaches, it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels.
Amendment 90 #
Proposal for a directive
Recital 5
Recital 5
(5) Accordingly, common minimum standards ensuring effective whistleblower protection with a global and comprehensive approach, should apply in those acts and with particular emphasis on policy areas where i) there is a need to strengthen enforcement; ii) under-reporting by whistleblowers is a key factor affecting enforcement, and iii) breaches of Union law cause serious harm to the public interest.
Amendment 94 #
Proposal for a directive
Recital 16
Recital 16
(16) The protection of the financial interests of the Union, which relates to the fight against fraud, corruption, the violation of legal obligations, the abuse of power and any other illegal activity affecting the use of Union expenditures, the collection of Union revenues and funds or Union assets, is a core area in which enforcement of Union law needs to be strengthened. The strengthening of the protection of the financial interests of the Union also encompasses implementation of the Union budget related to expenditures made on the basis of the Treaty establishing the European Atomic Energy Community. Lack of effective enforcement in the area of the financial interests of the Union, including fraud and corruption at national level, causes a decrease of the Union revenues and a misuse of EU funds, which can distort public investments and growth and undermine citizens’ trust in EU action. Whistleblower protection is necessary to facilitate the detection, prevention and deterrence of relevant fraud and illegal activities.
Amendment 106 #
Proposal for a directive
Recital 30
Recital 30
(30) Effective prevention of breaches of Union law requires that protection is also granted to persons who provide information about potential breaches, which have not yet materialised, but are likely to be committed. For the same reasons, protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions. At the same time, protection should not apply to the reporting of information which is already in the public domain or of unsubstantiated rumours and hearsay.
Amendment 107 #
Proposal for a directive
Recital 31
Recital 31
(31) Retaliation expresses the close (cause and effect) relationship that must exist between the report and the adverse treatment suffered, directly or indirectly, by the reporting person, so that this person can enjoy legal protection. Effective protection of reporting persons as a means of enhancing the enforcement of Union law requires a broad definition of retaliation, encompassing any act or omission occurring in the work-related context which causes them detriment.
Amendment 109 #
Proposal for a directive
Recital 34
Recital 34
(34) It is for the Member States to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this Directive which also guarantee the highest possible level of independence and impartiality. These may be regulatory or supervisory bodies in the areas concerned, law enforcement agencies, anti-corruption bodies and ombudsmen. The authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported, including by launching an investigation, prosecution or action for recovery of funds, or other appropriate remedial action, in accordance with their mandate.
Amendment 110 #
Proposal for a directive
Recital 40
Recital 40
(40) It should be clear that, in the case of private legal entities which do not provide for internal reporting channels, reporting persons should be ableguaranteed the right to report directly externally to the competent authorities and such persons should enjoy the protection against retaliation provided by this Directive.
Amendment 115 #
Proposal for a directive
Recital 45
Recital 45
(45) The most appropriate persons or departments within a private legal entity to be designated as competent to receive and follow up on reports depend on the structure of the entity, but, in any case, their function should ensure absence of conflict of interest and independence. For these subjects, a civil liability regime should be provided in case of wilful misconduct or gross negligence. In smaller entities, this function could be a dual function held by a company officer well placed to report directly to the organisational head, such as a chief compliance or human resources officer, a legal or privacy officer, a chief financial officer, a chief audit executive or a member of the board.
Amendment 120 #
Proposal for a directive
Recital 57
Recital 57
(57) Member States should ensure the adequate record-keeping of all reports of infringement and that every report is retrievable within the competent authority and that information received through reports could be used as evidence in enforcement actions where appropriate, respecting, where possible, the privacy of the reporter.
Amendment 139 #
Proposal for a directive
Recital 78
Recital 78
(78) Penalties are necessary to ensure the effectiveness of the rules on whistleblower protection. Penalties against those who take retaliatory or other adverse actions against reporting persons can discourage further such actions. Penalties against persons who make a report or disclosure demonstrated to be knowingly false are necessary to deter further malicious reporting and preserve the credibility of the system. The proportionality of such penalties should ensure that they do not have a dissuasive effect on potential whistleblowers.
Amendment 141 #
Proposal for a directive
Recital 80
Recital 80
(80) This Directive introduces minimum standards and Member States should have the power to introduce or maintain more favourable provisions to the reporting person, provided that such provisions do not interfere with the measures for the protection of concerned persons. Moreover, the Member States can set up a reward system that can offer a fair compensation in the event that the report involves the prevention of considerable pecuniary damage or a recovery of significant sums by the European Union.
Amendment 142 #
Proposal for a directive
Recital 82
Recital 82
(82) The material scope of this Directive is based on the identification of areas where the introduction of whistleblower protection appears justified and necessary on the basis of currently available evidence. Such material scope may and it shall be extended to furtherall areas or Union acts, if this proves necessary as a means of strengthening their enforcement in the light of evidence that may come to the fore in the future or on the basis of the evaluation of the way in which this Directive has operatedon the basis of the art. 352 of TFUE.
Amendment 143 #
Proposal for a directive
Recital 84
Recital 84
(84) The objective of this Directive, namely to strengthen enforcement in certain policy areas and acts where breaches of Union law can cause serious harm to the public interest through effective whistleblower protection, cannot be sufficiently achieved by the Member States acting alone or in an uncoordinated manner, but can rather be better achieved by Union action providing minimum standards of harmonisation on whistleblower protection. Moreover, only Union action can provide coherence and align the existing Union rules on whistleblower protection. Therefore, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.
Amendment 145 #
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. With a view to enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:
Amendment 158 #
Proposal for a directive
Article 1 – paragraph 1 – point d a (new)
Article 1 – paragraph 1 – point d a (new)
(da) all the remaining sectors in which the public interest is harmed or there is a breach of EU law.
Amendment 160 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) persons having the status of worker, or former worker, with the meaning of Article 45 TFEU;
Amendment 161 #
Proposal for a directive
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) This Directive shall also apply to European Union staff members, as defined within the EU Staff Regulation;
Amendment 163 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. This Directive shall also apply to reporting persons whose work-based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre-contractual negotiation, or even to reporting persons whose employment relationship is terminated..
Amendment 164 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Directive shall also apply to legal and natural person associated with a reporting person if such person makes probable that he or she suffered a detriment due to his or her connection to a reporting person.
Amendment 165 #
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. This Directive shall also apply to legal and natural person who makes probable that he or she suffered a detriment due to the fact that he or she was believed to be a reporting person or an associated person.
Amendment 169 #
Proposal for a directive
Article 3 – paragraph 1 – point 12
Article 3 – paragraph 1 – point 12
(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work-related context, or even after the termination of the employment relationship and causes or may cause unjustified detriment to the reporting person;
Amendment 171 #
1. Member States shall ensure that legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports, and protecting reporting persons, following consultations with social partners, if appropriate.
Amendment 175 #
Proposal for a directive
Article 4 – paragraph 6 – point a a (new)
Article 4 – paragraph 6 – point a a (new)
(aa) European Union institutions, agencies and bodies;
Amendment 180 #
Proposal for a directive
Article 5 – paragraph 1 – point e a (new)
Article 5 – paragraph 1 – point e a (new)
(ea) the prompt acknowledgement of receipt of written reports to the postal or electronic address indicated by the reporting person
Amendment 192 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
Amendment 194 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this Directive.
Amendment 200 #
Proposal for a directive
Article 13 – paragraph 2 – point d
Article 13 – paragraph 2 – point d
(d) he or she could not reasonably be expected to use internal reporting channels in light of the subject-matter of the report and the seriousness of the violation;
Amendment 205 #
Proposal for a directive
Article 13 – paragraph 4 a (new)
Article 13 – paragraph 4 a (new)
4a. A person making a report or a disclosure anonymously and who subsequently has been identified shall qualify for protection as laid down in this Directive under the same conditions as a person who identified themselves when making a report or a disclosure.
Amendment 206 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Amendment 208 #
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. In judicial proceedings relating to a detriment suffered by the reporting person, and subject to him or her providing reasonable grounds to believeestablishing that the detriment was in retaliation for havingor she made thea report or disclosure, it shall be for the person who has taken the retaliatory measure to prove that the detriment was not a consequence of the report but was exclusively based on duly justified grounds and suffered a detriment it shall be presumed that the detriment was made in retaliation for having made the report or disclosure.
Amendment 209 #
Proposal for a directive
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Reporting persons shall have access to remedial measures against retaliation as appropriate, including interim relief pending the resolution of legal proceedings, in accordance with the national frameworkcovering all direct, indirect, and future consequences of any detriment, including, as appropriate, (a) making any provision to act taken in breach of Article 14 void; (b) the reinstatement of the reporting person with equal salary, status, duties and working conditions; (c) the transfer of the reporting person to a new department or supervisor; (d) compensation for pain and suffering; (e) interim relief pending the resolution of legal proceedings.
Amendment 214 #
Proposal for a directive
Article 17 – paragraph 1 – point d a (new)
Article 17 – paragraph 1 – point d a (new)
(da) do not fulfil their obligation to follow- up on a report;
Amendment 215 #
Proposal for a directive
Article 17 – paragraph 1 – point d b (new)
Article 17 – paragraph 1 – point d b (new)
(db) do not fulfil their obligation to provide feedback to the reporting person about the follow up to the report.
Amendment 216 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 219 #
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States may introduce or retain provisions more favourable to the rights of the reporting persons than those set out in this Directive, without prejudice to Article 16 and Article 17(2). In particular, it is possible to establish a reward system that can offer a fair compensation in the event that the report involves the prevention of considerable pecuniary damage or a recovery of significant sums by the European Union.
Amendment 221 #
Proposal for a directive
Annex I – part II – subpart C a (new)
Annex I – part II – subpart C a (new)
Ca D.– protection of the Union’s financial interests; (i) Regulation (EU, EURATOM) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union