BETA

25 Amendments of Markus FERBER related to 2018/0106(COD)

Amendment 157 #
Proposal for a directive
Recital 38
(38) For legal entities in the private sector, the obligation to establish internal channels is commensurate with their size and the level of risk their activities pose to the public interest. It should apply to all medium-sized and large entities irrespective of the nature of their activities, based on their obligation to collect VAT. As a general rule small and microAs a general rule small, micro and medium-sized undertakings, as defined in Article 2 of the Annex of the Commission Recommendation of 6 May 2003, as amended56, should be exempted from the obligation to establish internal channels. However, following an appropriate risk assessment, Member States may require small undertakings to establish internal reporting channels in specific cases (e.g. due to the significant risks that may result from their activities). _________________ 56 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
2018/09/11
Committee: JURI
Amendment 159 #
Proposal for a directive
Recital 39
(39) The exemption of small and micro undertakings from the obligation to establish internal reporting channels should not apply to private undertakings active in the area of financial services. Such undertakings should remain obliged to establish internal reporting channels, in line with the current obligations set forth in the Union acquis on financial services.deleted
2018/09/11
Committee: JURI
Amendment 225 #
Proposal for a directive
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:
2018/09/11
Committee: JURI
Amendment 242 #
Proposal for a directive
Article 1 – paragraph 1 – point d
(d) breaches relating to the internal market, as referred to in Article 26(2) TFEU, as regards acts which breach the rules of corporate tax or arrangements whose purpose is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law.
2018/09/11
Committee: JURI
Amendment 259 #
Proposal for a directive
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 unpaid trainees;
2018/09/11
Committee: JURI
Amendment 264 #
Proposal for a directive
Article 2 – paragraph 1 – point d
(d) any persons working under the supervision and direction of contractors, subcontractors and suppliers.deleted
2018/09/11
Committee: JURI
Amendment 267 #
Proposal for a directive
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.deleted
2018/09/11
Committee: JURI
Amendment 277 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
2a. However, this Directive should not affect the protection of legal and other professional privilege as provided for under national law.
2018/09/11
Committee: JURI
Amendment 288 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potentiallikely 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 Annex;
2018/09/11
Committee: JURI
Amendment 291 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘abuse of law’ means acts or omissions falling within the scope of Union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules;deleted
2018/09/11
Committee: JURI
Amendment 328 #
Proposal for a directive
Article 4 – paragraph 2
2. Such channels and procedures shall allow for reporting by employees of the entity. They mayust 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 the use of internal channels for reporting shall not be mandatory for these categories of personsc).
2018/09/26
Committee: JURI
Amendment 332 #
Proposal for a directive
Article 4 – paragraph 3 – introductory part
(3) The legal entities in the private sector referred to in paragraph 1 are the following:Paragraph 1 does not apply to micro, small or medium-sized enterprises in the sense of Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises1a. _________________ 1a Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, pp. 36-41)
2018/09/26
Committee: JURI
Amendment 337 #
Proposal for a directive
Article 4 – paragraph 4
(4) Following an appropriate risk assessment taking into account the nature of activities of the entities and the ensuing level of risk, Member States may require small private legal entities, as defined in Commission Recommendation of 6 May 200362, other than those referred to in paragraph 3(c) to establish internal reporting channels and procedures. _________________ 62 Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.05.2003, p. 36).deleted
2018/09/26
Committee: JURI
Amendment 339 #
Proposal for a directive
Article 4 – paragraph 5
(5) Any decision taken by a Member State pursuant to paragraph 4 shall be notified to the Commission, together with a justification and the criteria used in the risk assessment. The Commission shall communicate that decision to the other Member States.deleted
2018/09/26
Committee: JURI
Amendment 342 #
Proposal for a directive
Article 4 – paragraph 6
(6) The legal entities in the public sector referred to in paragraph 1 shall be the following: a) state administration; b) regional administration and departments; c) municipalities with more than 10 000 inhabitants; d) other entities governed by public law.deleted
2018/09/26
Committee: JURI
Amendment 358 #
Proposal for a directive
Article 5 – paragraph 1 – point d
d) a reasonable timeframe, not exceeding three months or six months in duly justified cases following the report, to provide feedback to the reporting person about the follow-up to the report;
2018/09/26
Committee: JURI
Amendment 363 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – introductory part
The channels provided for in point (a) of paragraph 1 shall allow for reporting in all of the following ways:
2018/09/26
Committee: JURI
Amendment 365 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) written reports in electronic or paper format and/or oral report through telephone lines, whether recorded or unrecorded, or;
2018/09/26
Committee: JURI
Amendment 387 #
Proposal for a directive
Article 7 – paragraph 1 – point a
a) they are separated from general communication channels of the competent authority, including those through which the competent authority communicates internally and with third parties in its ordinary course of business;deleted
2018/09/26
Committee: JURI
Amendment 439 #
Proposal for a directive
Article 13 – paragraph 2 – point c
c) the use of internal reporting channels was not mandatory for the reporting person, in accordance with Article 4(2);deleted
2018/09/26
Committee: JURI
Amendment 450 #
Proposal for a directive
Article 13 – paragraph 4 – introductory part
4. A person publicly disclosing information on breaches falling within the scope of this Directive shall qualify for protection under this Directive where: he or she first reported internally and/or externally in accordance with Chapters II and III and paragraph 2 of this Article, but: a) no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b); b) and there is immediate danger to life and health of individuals.
2018/09/26
Committee: JURI
Amendment 452 #
Proposal for a directive
Article 13 – paragraph 4 – point a
a) he or she first reported internally and/or externally in accordance with Chapters II and III and paragraph 2 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b); ordeleted
2018/09/26
Committee: JURI
Amendment 457 #
Proposal for a directive
Article 13 – paragraph 4 – point b
b) he or she could not reasonably be expected to use internal and/or external reporting channels due to imminent or manifest danger for the public interest, or to the particular circumstances of the case, or where there is a risk of irreversible damage.deleted
2018/09/26
Committee: JURI
Amendment 484 #
Proposal for a directive
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 believe that the detriment was in retaliation for having made the 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.deleted
2018/09/26
Committee: JURI
Amendment 501 #
Proposal for a directive
Article 17 – paragraph 2
2. Member States shall provide for effective, proportionate and dissuasive penalties applicable to the reporting and other persons making malicious or abusive reports or disclosures, including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures.
2018/09/26
Committee: JURI