92 Amendments of Stelios KOULOGLOU related to 2018/0106(COD)
Amendment 94 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Such minimum standards for whistle-blower protection shall be developed with regard to the Charter of Fundamental Rights of the European Union, in particular Article 11 thereof, and to the European Convention on Human Rights, notably Article 10 thereof.
Amendment 107 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Acknowledging that all major scandals that have been made public since 2014, like LuxLeaks and Panama Papers, are all thanks to whistleblowers.
Amendment 148 #
Proposal for a directive
Recital 33
Recital 33
(33) Whistleblowers are, in particular, important sources for investigative journalists. Providing effective protection to whistleblowers from retaliation increases the legal certainty of (potential) whistleblowers and thereby encourages and facilitates whistleblowing also to the media. In this respect, protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies. In view of the variety of situations, this Directive does not establish an order of priority between the different channels of reporting and disclosure. It is for the reporting person to determine the most appropriate channel, taking into account the rights and legitimate interests of concerned persons. Due to their importance for the freedom of expression and the right to receive information, public disclosures, including through the media, should be encouraged.
Amendment 152 #
Proposal for a directive
Recital 34 a (new)
Recital 34 a (new)
(34a) The Commission should set up the Whistleblower Protection Office (OPLA). OPLA shall be the independent European authority for reports and for whistleblower protection that is responsible for receiving and providing appropriate follow up on reports on breaches falling within the scope of this Directive, and for ensuring the protection of whistleblowers. OPLA shall be accessible through a point of contact in each Member State, as well as via a secure online platform. It shall be a point of contact and information for whistleblowers or potential whistleblowers, to assess the accuracy of information and/or allegations made in the report and process those breaches reported, specifically by launching an investigation and by consulting one of the competent bodies of the European Union upon concluding its investigation (the European Anti-Fraud Office, the European Public Prosecutor's Office, the Court of Justice of the European Union, etc.). It shall also be a point of contact for national authorities, journalists and civil society organisations involved in whistleblower protection. While fully independent, it will be able to work closely with the competent EU bodies (the European Anti-Fraud Office, the European Public Prosecutor's Office, the Court of Justice of the European Union, etc.).
Amendment 154 #
Proposal for a directive
Recital 34 b (new)
Recital 34 b (new)
(34b) OPLA should also have adequate protection procedures for the processing of reports on breaches and for the protection of the personal data of the persons referred to in the report. Such procedures should ensure that the identity of every reporting person, concerned person, and third person referred to in the report (e.g. witnesses or colleagues) is protected at every stage of the procedure. This obligation should be without prejudice to the necessity and proportionality of the obligation to disclose information where this is required by Union or national law, and subject to appropriate safeguards under those laws, including in the context of investigations or judicial proceedings or to safeguard the freedoms of others, including the rights of defence of the concerned person.
Amendment 155 #
Proposal for a directive
Recital 34 c (new)
Recital 34 c (new)
(34c) Procedures for external reporting must allow national authorities and OPLA to receive reports and to investigate, in full confidentiality, any reports provided by any whistleblower.
Amendment 161 #
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 able to report directly externally to the competent authoritiesn any case, reporting persons should be able to report directly externally to the national authority or OPLA (hereinafter 'competent authorities'), and to exercise their right to disclose, and such persons should enjoy the protection against retaliation provided by this Directive.
Amendment 165 #
Proposal for a directive
Recital 44
Recital 44
(44) Internal reporting procedures should enable private legal entities to receive and investigate in full confidentiality reports by the employees of the entity and of its subsidiaries or affiliates (the group), but also, to any extent possible, by any of the group’s agents and suppliers and by any person who acquires information especially through his/her work-related activities with the entity and the group.
Amendment 170 #
Proposal for a directive
Recital 47
Recital 47
(47) Persons who are considering reporting breaches of Union law should be able to make an informed decision on whether, how and when to report. Private and public entities having in place internal reporting procedures shall provide information on these procedures as well as on procedures to report externally to relevant competent authoritieTo this end, they should be able to consult and seek advice from the national authority or OPLA, which is a first point of information and contact. They should also be able to consult civil society organisations involved in the protection of whistleblowers. Private and public entities having in place internal reporting procedures shall provide information on these procedures as well as on procedures to report externally to relevant competent authorities. They should also provide information on rights guaranteed to whistleblowers, particularly their right to disclosure guaranteed by this Directive, and their right to turn to civil society organisations involved in whistleblower protection to this end, specifically those who provide strategic and legal advice to whistleblowers, as well as to journalists. Such information must be easily understandable and easily accessible, including, to any extent possible, also to other persons, beyond employees, who come in contact with the entity especially through their work-related activities, such as service-providers, distributors, suppliers and business partners. For instance, such information may be posted at a visible location accessible to all these persons and to the web of the entity and may also be included in courses and trainings on ethics and integrity.
Amendment 178 #
Proposal for a directive
Recital 58
Recital 58
(58) Protection of personal data of the reporting and concerned person, as well as confidentiality of information, is crucial in order to avoid unfair treatment, any harassment or intimidation, or reputational damages due to disclosure of personal data, in particular data revealing the identity of a person concerned. Hence. Hence, Member States and OPLA shall ensure that, in line with the requirements of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter also referred to as 'GDPR'), competent authorities should establish adequate data protection procedures specifically geared to the protection of the reporting person, the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only.
Amendment 181 #
Proposal for a directive
Recital 60
Recital 60
(60) The reporting persons should enjoy the protection of this Directive when they turn to one of the internal or external reporting channels (either a national authority or OPLA), with no special conditions or hierarchy, or when they exercise their right to disclosure to a journalist or a civil society organisation involved in whistleblower protection. This should apply throughout the procedure, including once the procedure is over, unless there is proven to be no threat of retaliation. To enjoy protection, the reporting persons should reasonably believe, in light of the circumstances and the information available to them at the time of the reporting, that the matters reported by them are true. This reasonable belief should be presumed unless and until proven otherwise. This is an essential safeguard against malicious and frivolous or abusive reports, ensuring that those who deliberately and knowingly report wrong or misleading information do not enjoy protection. At the same time, it ensures that protection is not lost where the reporting person made an inaccurate report in honest error. In a similar vein, reporting persons should be entitled to protection under this Directive if they have reasonable grounds to believe that the information reported falls within its scope.
Amendment 182 #
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 be extended to further 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 operatedUnion law as a whole.
Amendment 185 #
Proposal for a directive
Recital 61
Recital 61
(61) The requirement of a tiered use of reporting channels, as a genIt is necessary to ensure that all reporting channels whether internal or external rule, is necessaryare open to the reporting person so as to ensure that the information gets to the persons or entities who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure. At the same time, some exceptions to its application are necessary,, by allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case. Moreover, it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability, and fundamental rights such as freedom of expression and media freedom, whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm, in line with the criteria developed in the case-law of the European Court of Human Rights57. _________________ 57 One of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society, is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure; see, for instance, Guja v. Moldova [GC], no 14277/04, ECHR 2008.
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
(a) breaches falling within the scope of the Union legislation, for example those acts set out in the Annex (Part I and Part II) as regards the following areas:
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) freedom of expression and information as referred to in Article 11 of the Charter of Fundamental Rights of the European Union, and case-law based on that Article;
Amendment 188 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Where specific rules on the reporting of breaches are provided for in sector-specific Union acts listed in Part 2 of the Annex, those rules shall apply. The provisions of this Directive shall be applicable for all matters relating to the protection of reporting persons not regulated in those sector-specific Union acts. This paragraph shall apply only in cases where the protection foreseen in sector-specific acts is higher than the one guaranteed by this directive.
Amendment 188 #
Proposal for a directive
Recital 62
Recital 62
(62) As a rule, reporting persons should first use the internal channels at their disposal and report to their employer. However, it may be the case that internal channels do not exist (in case of entities which are not under an obligation to establish such channels by virtue of this Directive or applicable national law) or that their use is not mandatory (have at their disposal both internal and external reporting channels including media outlets which mplay be the case for persons who are not in an employment relationship), or that they were used but did not function properly (for instance the report was not dealt with diligently or within a reasonable timeframe, or no action was taken to address the breach of law despite the positive results of the enquiry)an essential role in preserving democratic values.
Amendment 191 #
Proposal for a directive
Recital 63
Recital 63
Amendment 196 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potential unlawful activities or abuse of law relating to the Union aor other forms of misconducts and areas falling within the scope referred to in Article 1 and in the Annexwrongdoing that may cause harm to the public interest or the general interest of the Union, or which run contrary to the objectives of Union law;
Amendment 213 #
Proposal for a directive
Article 4 – paragraph 6 – point c
Article 4 – paragraph 6 – point c
(c) municipalities with more than 10 5000 inhabitants;
Amendment 218 #
Proposal for a directive
Recital 85 a (new)
Recital 85 a (new)
(85a) This Directive is without prejudice to Member States' freedom to introduce the same or similar rules for breaches of national law, thereby providing a coherent and comprehensive framework for the protection of persons reporting on breaches.
Amendment 221 #
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, tThis Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
(a) breaches of fundamental rights and principles of the EU, as well as breaches falling within the scope of the Union acts set out in the Annex (Part I and Part II) as regards the following areas:
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
Article 1 – paragraph 1 – point a – introductory part
(a) breaches falling within the scope of the Union acts set out in the Annex (Part I and Part II) as regardsincluding but not limited to the following areas:
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point a – point i a (new)
Article 1 – paragraph 1 – point a – point i a (new)
(ia) employment
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 1 – point a – point i b (new)
Article 1 – paragraph 1 – point a – point i b (new)
(ib) trade
Amendment 252 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to reporting persons working in the private or public sector who acquired information on breaches in a work-related context including, at least, the following:
Amendment 254 #
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 workers, with the meaning of Article 45 TFEU, including persons having the status of civil servants;
Amendment 260 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) shareholders and persons belonging to the management body of an undertaking, including non-executive members, as well as volunteers and paid and unpaid trainees;
Amendment 273 #
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 has ended or is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre- contractual negotiation.
Amendment 276 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. This Directive shall apply to officials as well as to other employees and interns working at the institutions, agencies and bodies of the Union.
Amendment 278 #
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
2b. This Directive shall apply to individuals falling within the definition laid out in Article 1 of private or public legal entities located within the Union, as well as to private or public European legal entities located outside Union territory.
Amendment 279 #
Proposal for a directive
Article 2 – paragraph 2 c (new)
Article 2 – paragraph 2 c (new)
2c. This Directive shall apply to individuals facilitating the reporting on breaches such as journalists or intermediaries between the reporting person and the person distributing the information.
Amendment 280 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 280 #
Proposal for a directive
Article 2 – paragraph 2 d (new)
Article 2 – paragraph 2 d (new)
2d. This Directive shall apply to any individual reporting on breaches of Union law who has evidence of such breaches in the public or private sector.
Amendment 286 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
Member States shall take the necessary measures to prohibit any form of retaliation, whether direct or indirect, against reporting persons meetthreatened, attempted or implemented action that could underminge the conditions set out in Article 13, including in particular in the form ofexercise of rights protected by the present Directive. This includes, but is not limited to retaliation measures such as:
Amendment 286 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potential unlawful activities or, abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annexor activities detrimental to the public interest or the general interest of the Union;
Amendment 290 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘unlawful activities’ means acts or omissions contrary to Union law;
Amendment 307 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 317 #
Proposal for a directive
Annex I – part I – subpart A – point 1 – introductory part
Annex I – part I – subpart A – point 1 – introductory part
1. Procedures for procurement relating to supplies contracts for defence products and supplies and services contracts for water, energy, transport and postal services and any other contract or service as regulated under Union legislation, including:
Amendment 318 #
Proposal for a directive
Annex I – part I – subpart A – point 2 – introductory part
Annex I – part I – subpart A – point 2 – introductory part
2. Review procedures regulated, in particular, by:
Amendment 318 #
Proposal for a directive
Article 3 – paragraph 1 – point 13 a (new)
Article 3 – paragraph 1 – point 13 a (new)
(13a) ‘national authority’ means any national authority entitled to receive reports in accordance with Chapter III and designated to carry out the duties provided for in this Directive, in particular as regards the follow-up of reports;
Amendment 319 #
Proposal for a directive
Annex I – part I – subpart B – paragraph 1 – introductory part
Annex I – part I – subpart B – paragraph 1 – introductory part
Rules establishing a regulatory and supervisory framework and consumer and investor protection in the Union financial services and capital markets, banking, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and investment advice and the services listed in Annex I to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338), as regulated in particular by:
Amendment 319 #
Proposal for a directive
Article 3 – paragraph 1 – point 13 b (new)
Article 3 – paragraph 1 – point 13 b (new)
(13b) ‘OPLA’, the authority set up at European level to receive reports in accordance with Chapter III, and to carry out the functions provided for in this Directive;
Amendment 320 #
Proposal for a directive
Annex I – part I – subpart C – point 1 – introductory part
Annex I – part I – subpart C – point 1 – introductory part
1. General safety requirements of products placed in the Union market as defined and regulated for example by:
Amendment 320 #
Proposal for a directive
Article 3 – paragraph 1 – point 13 c (new)
Article 3 – paragraph 1 – point 13 c (new)
(13c) 'facilitator' means any natural or legal person who contributes to the report or assists a person reporting on breaches with his report.
Amendment 321 #
Proposal for a directive
Annex I – part I – subpart C – point 2 – introductory part
Annex I – part I – subpart C – point 2 – introductory part
2. Marketing and use of sensitive and dangerous products, as regulated for example by:
Amendment 322 #
Proposal for a directive
Annex I – part I – subpart D – point 1
Annex I – part I – subpart D – point 1
1. Safety requirements in the railway sector as regulated in particular by Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).
Amendment 322 #
Proposal for a directive
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) ‘competent authorityies’ means any national authority entitled to receive reports in accordance with Chapter III and designated to carry out the duties provided for in this Directive, in particular as regards the follow up of reportsor OPLA.
Amendment 323 #
Proposal for a directive
Annex I – part I – subpart D – point 2
Annex I – part I – subpart D – point 2
2. Safety requirements in the civil aviation sector as regulated in particular by Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, p. 35).
Amendment 324 #
Proposal for a directive
Annex I – part I – subpart D – point 3 – introductory part
Annex I – part I – subpart D – point 3 – introductory part
3. Safety requirements in the road sector as regulated for example by:
Amendment 325 #
Proposal for a directive
Annex I – part I – subpart D – point 4 – introductory part
Annex I – part I – subpart D – point 4 – introductory part
4. Safety requirements in the maritime sector as regulated in particular by:
Amendment 325 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
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, following consultations with social partners, if appropriateand negotiations with the worker representatives and/or the trade union and/or social partners.
Amendment 326 #
Proposal for a directive
Annex I – part I – subpart E – point i
Annex I – part I – subpart E – point i
(i) Any criminal offence against the protection of the environment as regulated for example by Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28) or any unlawful conduct infringing the legislation set out in the Annexes of the Directive 2008/99/EC;
Amendment 327 #
Proposal for a directive
Annex I – part I – subpart F – paragraph 1 – introductory part
Annex I – part I – subpart F – paragraph 1 – introductory part
Rules on nuclear safety as regulated for example by:
Amendment 327 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Such channels and procedures shall allow for reporting by employees of the entity. They may allow for reporting by other persons who are in contact with the entity in the context of their work-related activities, referred to in Article 2(1)(b),(c) and (d), but t. The use of internal channels for reporting shall not be mandatory for these categories of persons.
Amendment 328 #
Proposal for a directive
Annex I – part I – subpart G – point 1
Annex I – part I – subpart G – point 1
1. Union food and feed law governed by the general principles and requirements as defined in particular by Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).
Amendment 329 #
Proposal for a directive
Annex I – part I – subpart G – point 2
Annex I – part I – subpart G – point 2
2. Animal health as regulated in particular by Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (OJ L 84, 31.3.2016, p. 1).
Amendment 330 #
Proposal for a directive
Annex I – part I – subpart G – point 4 – introductory part
Annex I – part I – subpart G – point 4 – introductory part
4. Protection of animal welfare as regulated for example by:
Amendment 330 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. These reporting channels shall be clearly defined by the entity and easily accessible both within and from outside the entity. Such channels shall fully safeguard the anonymity of persons reporting on breaches or their facilitators, provided they wish to, as well as their personal data.
Amendment 331 #
Proposal for a directive
Annex I – part I – subpart H – point 1 – introductory part
Annex I – part I – subpart H – point 1 – introductory part
1. Measures setting high standards of quality and safety of organs and substances of human origin, as regulated for example by:
Amendment 332 #
Proposal for a directive
Annex I – part I – subpart H – point 2 – introductory part
Annex I – part I – subpart H – point 2 – introductory part
2. Measures setting high standards of quality and safety for medicinal products and devices of medical use as regulated for example by:
Amendment 333 #
Proposal for a directive
Annex I – part I – subpart H – point 3
Annex I – part I – subpart H – point 3
3. Serious cross-border threats to health as regulated in particular by Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 1).
Amendment 334 #
Proposal for a directive
Annex I – part I – subpart H – point 4
Annex I – part I – subpart H – point 4
4. Patients’ rights as regulated in particular by Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).
Amendment 335 #
Proposal for a directive
Annex I – part I – subpart H – point 5
Annex I – part I – subpart H – point 5
5. Manufacture, presentation and sale of tobacco and related products regulated in particular by Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1).
Amendment 336 #
Proposal for a directive
Annex I – part I – subpart I – paragraph 1 – introductory part
Annex I – part I – subpart I – paragraph 1 – introductory part
Consumer rights and consumer protection as regulated for example by:
Amendment 341 #
Proposal for a directive
Article 4 – paragraph 5
Article 4 – paragraph 5
5. Any decision taken by a Member State pursuant to paragraph 4 shall be notified to the Commission and OPLA, together with a justification and the criteria used in the risk assessment. The Commission shall communicate that decision to the other Member States.
Amendment 347 #
Proposal for a directive
Article 4 – paragraph 6 – point c
Article 4 – paragraph 6 – point c
c) municipalities with more than 10 000 inhabitants;
Amendment 348 #
Proposal for a directive
Article 4 – paragraph 6 – point c a (new)
Article 4 – paragraph 6 – point c a (new)
ca) European Union institutions, agencies and bodies.
Amendment 369 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. It shall be ensured that a person considering reporting on breaches is protected to discuss, be accompanied and represented by his/her trade union and/or legal advisor, including throughout the internal process.
Amendment 377 #
Proposal for a directive
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
ca) guarantee free and independent advice and legal support for persons reporting on breaches, as well as for facilitators and intermediaries;
Amendment 378 #
Proposal for a directive
Article 6 – paragraph 2 – point c b (new)
Article 6 – paragraph 2 – point c b (new)
cb) give the reporting person the opportunity, without compelling him/her, to look over, examine and comment on the draft report over the course of the investigation, and the final report before it is published at the end of the investigation and, where relevant, take his/her comments into account;
Amendment 380 #
Proposal for a directive
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. Member States shall ensure that the national authorities can take adequate remedial action.
Amendment 381 #
Proposal for a directive
Article 6 – paragraph 3 b (new)
Article 6 – paragraph 3 b (new)
3b. Member States shall ensure that the national authority publishes the final report, ensuring the reporting person's anonymity is maintained unless he/she requests otherwise, and that the national authority ensures this report contains the reporting person's comments as well as remedial action where appropriate.
Amendment 384 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority within reasonable time and that the reporting person is informed without delay.
Amendment 385 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 389 #
Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
ca) they guarantee free and independent advice and legal support for persons reporting on breaches, as well as for facilitators and intermediaries.
Amendment 392 #
Proposal for a directive
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Such channels shall safeguard the anonymity of the person reporting on breaches when he/she wishes to, as well as their personal data.
Amendment 395 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that competent authorities have staff members dedicated to handling reports, while respecting confidentiality of persons reporting on breaches. Dedicated staff members shall receive specific training for the purposes of handling reports.
Amendment 425 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A reporting person shall qualify for protection under this Directive from the moment that he/she consults internal or external reporting channels described in this Directive, provided he or she has reasonable grounds to believe that the information reported or disclosed was true at the time of reporting or disclosure and that this information falls within the scope of this Directive.
Amendment 431 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. A report should not be discarded because it was made anonymously and full protection should be granted to persons reporting on breaches, who have reported or disclosed information anonymously.
Amendment 434 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 448 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 560 #
Proposal for a directive
Annex I – part I – point E a (new)
Annex I – part I – point E a (new)
Ea Provisions on access to environmental information including: (i) Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003, p. 26); (ii) Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43); (iii) Regulation (EC) No 1367/2006 of the European Parliament and of the Council of 6 September 2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies (OJ L 264, 25.9.2006, p. 13); (iv) Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (OJ L 108, 25.4.2007, p. 1-14).
Amendment 561 #
Proposal for a directive
Annex I – part I – point E b (new)
Annex I – part I – point E b (new)
Amendment 562 #
Proposal for a directive
Annex I – part I – point E c (new)
Annex I – part I – point E c (new)
Ec Provisions on chemicals, including: (i) Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 564 #
Rules on nuclear safety as regulated in particular by:
Amendment 566 #
Proposal for a directive
Annex I – part I – point G – point 4 – introductory part
Annex I – part I – point G – point 4 – introductory part
4. Protection of animal welfare as regulated in particular by:
Amendment 568 #
Proposal for a directive
Annex I – part I – point H – point 1 – introductory part
Annex I – part I – point H – point 1 – introductory part
1. Measures setting high standards of quality and safety of organs and substances of human origin, as regulated in particular by:
Amendment 569 #
Proposal for a directive
Annex I – part I – point H – point 2 – introductory part
Annex I – part I – point H – point 2 – introductory part
2. Measures setting high standards of quality and safety for medicinal products and devices of medical use as regulated in particular by:
Amendment 571 #
Proposal for a directive
Annex I – part I – point I – paragraph 1 – introductory part
Annex I – part I – point I – paragraph 1 – introductory part
Consumer rights and consumer protection as regulated in particular by:
Amendment 573 #
Proposal for a directive
Annex I – part I – point J a (new)
Annex I – part I – point J a (new)