18 Amendments of Jiří POSPÍŠIL related to 2018/0106(COD)
Amendment 42 #
Proposal for a directive
Recital 18
Recital 18
(18) Certain Union acts, in particular in the area of financial services, such as Regulation (EU) No 596/2014 on market abuse49 and Commission Implementing Directive 2015/2392, adopted on the basis of that Regulation50, already contain detailed rules on whistleblower protection. Such existing Union legislation, including the list in Part II of the Annex, should be complemented by the present Directive, so that these instruments are fully aligned with its minimum standards whilst maintaining any specificities they provide for, tailored to the relevant sectors. This is of particular importance for ascertaining which legal entities in the area of financial services and the prevention offight against money laundering and terrorist financing are currently obliged to establish internal reporting channels. _________________ 49 OJ L 173, p. 1 50 Commission Implementing Directive (EU) 2015/2392 of 17 December 2015 on Regulation (EU) No 596/2014 of the European Parliament and of the Council as regards reporting to competent authorities of actual or potential infringements of that Regulation (OJ L 332, p. 126).
Amendment 85 #
Proposal for a directive
Recital 63
Recital 63
(63) In other cases, internal channels could not reasonably be expected to function properly, for instance, where the reporting persons have valid reasons to believe that they would suffer retaliation in connection with the reporting; that their confidentiality would not be protected; that the ultimate responsibility holder within the work-related context is involved in the breach; that the breach might be concealed; that evidence may be concealed or destroyed; that the effectiveness of investigative actions by competent authorities might be jeopardised or that urgent action is required (for instance because of an imminent risk of a substantial and specific danger to the life, health and safety of persons, or to the environment. In all such cases, persons reporting externally to the competent authorities and, where relevant, to bodies, offices or agencies of the Union shall be protected. Moreover, protection is also to be granted in cases where Union legislation allows for the reporting person to report directly to the competent national authorities or bodies, offices or agencies of the Union, for example in the context of fraud against the Union budget, preventionthe fight against and detection of money laundering and terrorist financing or in the area of financial services.
Amendment 96 #
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 andthe law when implementing Union 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 104 #
Proposal for a directive
Article 1 – paragraph 1 – point a – point ii
Article 1 – paragraph 1 – point a – point ii
ii) financial services, prevention ofthe fight against money laundering and terrorist financing;
Amendment 155 #
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
c) private legal entities of any size operating in the area of financial services or vulnerable to money laundering or terrorist financingmaking or receiving payments of EUR 10 000 or more in cash, as regulated under the Union acts referred to in the Annex.
Amendment 163 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
a) written reports in electronic or paper format and/or oral report through recorded telephone lines, whether recorded or unrecorded;
Amendment 165 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
b) physical meetings with the person or department designated to receive reports, properly minuted and with the minutes dated and signed by the reporter.
Amendment 168 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
a) establish independent and autonomous external reporting channels, which are both secure and, ensure confidentiality and guarantee that the identity of the reporting person will not be disclosed, for receiving and handling information provided by the reporting person;
Amendment 179 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
b) they are designed, set up and operated in a manner that ensures the completeness, integrity and confidentiality of the information, offers an appropriate level of cybersecurity and prevents access to non-authorised staff members of the competent authority;
Amendment 181 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
b) oral report through recorded telephone lines, whether recorded or unrecorded;
Amendment 183 #
Proposal for a directive
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
c) physical meeting with dedicated staff members of the competent authority, properly minuted and with the minutes dated and signed by the reporter.
Amendment 197 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Where a recorded telephone line is used for reporting, subject to the consent of the reporting person, the competent authority shall have the right to document the oral reporting in one of the following ways:
Amendment 200 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where an unrecorded telephone line is used for reporting, the competent authority shall have the right to document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members. The competent authority shall offer the possibility to the reporting person to check, rectify and agree with the minutes of the call by signing them.
Amendment 202 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Article 11 – paragraph 5 – subparagraph 1 – introductory part
Where a person requests a meeting with the dedicated staff members of the competent authority for reporting according to Article 7(2)(c), competent authorities shall ensure, subject to the consent of the reporting person, that complete and accurate records of the meeting are kept in a durable and retrievable form. A competent authority shall have the right to document the records of the meeting in one of the following ways:
Amendment 208 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive if he or she does not come forwards anonymously and 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 234 #
Proposal for a directive
Annex I – part I – subpart B – title
Annex I – part I – subpart B – title
B Article 1(a)(ii) – financial services, prevention ofthe fight against money -laundering and terrorist financing;:
Amendment 249 #
Proposal for a directive
Annex I – part II – subpart A – title
Annex I – part II – subpart A – title
A Article 1(a)(ii) – financial services, prevention ofthe fight against money laundering and terrorist financing:
Amendment 250 #
Proposal for a directive
Annex I – part II – subpart A – point 2 – introductory part
Annex I – part II – subpart A – point 2 – introductory part
2. Prevention ofThe fight against money laundering and terrorist financing: