101 Amendments of Jiří MAŠTÁLKA related to 2018/0106(COD)
Amendment 67 #
Proposal for a directive
Citation 1
Citation 1
Having regard to Article 294(2) and Articlesthe Treaty on the Functioning of the European Union, and in particular 16, 33, 43, 50, 53(1), 62, 91, 100, 103, 109, 114, 153(1)(a) and (b), 168, 169, 192, 207 and 325(4) of the Treaty on the Functionthereof and to the Treaty establishing of the European Union andAtomic Energy Community, and in particular Article 31 thereof,
Amendment 75 #
Proposal for a directive
Recital 1
Recital 1
(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public or the general interest which arise in this context. By ‘blowing the whistle’ they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society. However, potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation.
Amendment 79 #
Proposal for a directive
Recital 2
Recital 2
(2) At Union level, reports and disclosures by whistleblowers are one upstream component of enforcement of Union law: they feed national and Union enforcement systems with information leading to effective detection, investigation and prosecution of breaches of Union law.
Amendment 80 #
Proposal for a directive
Recital 3
Recital 3
(3) In certain policy areas, breaches of Union law may cause serious harm to the public or general 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, independent reporting channels.
Amendment 88 #
Proposal for a directive
Recital 5
Recital 5
(5) Accordingly, common minimum standards ensuring effective, whistleblower protection should apply in thoseall acts and 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 publicof the European Union, which by their very nature constitute a public and general interest.
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 98 #
(10) Evidence-gathering, detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the Commission Communication "EU actions to improve environmental compliance and governance" of 18 January 201840 . Whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the Union environmental acquis, whose breaches can cause serious harm to the public or general interest with possible spill-over impacts across national borders. This is also relevant in cases where unsafe products can cause environmental harm. _________________ 40 COM(2018) 10 final. COM(2018) 10 final. 41 Directive 2013/30/EU of the European Parliament and of the Council, of 12 June 2013, on safety of offshore oil and gas operations (OJ L 178, p. 66).
Amendment 103 #
Proposal for a directive
Recital 14
Recital 14
(14) The protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of Union law which can seriously harm the public or general interest. Similar considerations apply for breaches of the Directive on the security of network and information systems45 , which introduces notification of incidents (including those that do not compromise personal data) and security requirements for entities providing essential services across many sectors (e.g. energy, health, transport, banking, etc.) and providers of key digital services (e.g. cloud computing services). Whistleblowers' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services. It helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society. _________________ 45 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.
Amendment 114 #
Proposal for a directive
Recital 22
Recital 22
(22) Persons who report information about threats or harm to the public interest obtainedr the general interest obtained, inter alia in the context of their work- related activities, make use of their right to freedom of expression. The right to freedom of expression, enshrined in Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and in Article 10 of the European Convention on Human Rights (ECHR), encompasses media freedom and pluralism as well as the right to information.
Amendment 119 #
Proposal for a directive
Recital 24
Recital 24
(24) Persons need specific legal protection especially where they acquire the information they report through their work- related activities and therefore run the risk of work-related retaliation (for instance, for breaching the duty of confidentiality or loyalty). The underlying reason for providing them with protection is their position of economic vulnerability vis-à- vis the person on whom they de facto depend for work. When there is no such work-related power imbalance (for instance in the case of ordinary complainants or citizen bystanders) there is no need for protection against retaliation.
Amendment 122 #
Proposal for a directive
Recital 25
Recital 25
(25) Effective enforcement of Union law requires that protection is granted to the broadest possible range of categories of persons, who, irrespective of whether they are EU citizens or third-country nationals, especially by virtue of work-related activities (irrespective of the nature of these activities, whether they are paid or not), have privileged access to information about breaches that would be in the public’s interest to report and who may suffer retaliation if they report them. Member States should ensure that the need for protection is determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship, so as to cover the whole range of persons connected in a broad sense to the organisation where the breach has occurred.
Amendment 123 #
Proposal for a directive
Recital 26
Recital 26
(26) Protection should, firstly, apply to persons having the status of 'workers', within the meaning of Article 45 TFEU, as interpreted by the Court of Justice of the European Union52 , i.e. persons who, for a certain period of time, perform services for and under the direction of another person, in return of which they receive remuneration. In accordance with the Court's case law, the notion of "worker" should be interpreted broadly, including for example civil servants. Protection should thus also be granted to workers in non-standard employment relationships, including part- time workers and fixed-term contract workers, as well as persons with a contract of employment or employment relationship with a temporary agency, which are types of relationships where standard protections against unfair treatment are often difficult to apply. _________________ 52 Judgments of 3 July 1986, Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C- 413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.
Amendment 125 #
Proposal for a directive
Recital 27
Recital 27
(27) Protection should also extend to people facilitating the reporting, such as intermediaries and investigative journalists, who disclose potential or occurred breach, as well as further categories of natural or legal persons, who, whilst not being 'workers' within the meaning of Article 45 TFEU, can play a key role in exposing breaches of the law and may find themselves in a position of economic vulnerability in the context of their work or social or political-related activities. For instance, in areas such as product safety, suppliers are much closer to the source of possible unfair and illicit manufacturing, import or distribution practices of unsafe products; in the implementation of Union funds, consultants providing their services are in a privileged position to draw attention to breaches they witness. Such categories of persons, including self- employed persons providing services, freelance, contractors, sub-contractors and suppliers, are typically subject to retaliation in the form of early termination or cancellation of contract of services, licence or permit, loss of business, loss of income, coercion, intimidation or harassment, blacklisting/business boycotting or damage to their reputation. Shareholders and persons in managerial bodies, may also suffer retaliation, for instance in financial terms or in the form of intimidation or harassment, blacklisting or damage to their reputation. Protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre-contractual negotiation stage, and may suffer retaliation for instance in the form of negative employment references or blacklisting/business boycotting.
Amendment 132 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) Effective whistleblower protection should also include any individual who has evidence of such acts in the public or private sector without being necessary to have witnessed such acts first hand.
Amendment 144 #
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 especially in the work-related context which causes them detriment.
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 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 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 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 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 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 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 296 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
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;
Amendment 298 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘report’ means the provision of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work;
Amendment 301 #
Proposal for a directive
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘disclosure’ means making information on breaches acquired inter alia within the work-related context available to the public domain;
Amendment 302 #
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘reporting person’ means a natural or legal person who reports or discloses information on breaches acquired in the context of his or her work-related activities;
Amendment 312 #
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 or disclosure which occurs in a work-related context and causes or may cause unjustified detriment to the reporting person;
Amendment 316 #
Proposal for a directive
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘follow-up’ means any action taken by the recipient of the report, made internally or externally, to assess the accuracy of the allegations made in the report and, where relevant, to address the breach reported, including actions such as internal enquiry, investigation, prosecution, action for recovery of funds and closure, as well as any other relevant remedial action;
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 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 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 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 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 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 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 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 399 #
Proposal for a directive
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
Amendment 401 #
Proposal for a directive
Article 9 – paragraph 1 – point a b (new)
Article 9 – paragraph 1 – point a b (new)
ab) due follow-up on the report by the designated person or department, including appropriate action as well as investigations into the subject of the reports, where necessary;
Amendment 405 #
Proposal for a directive
Article 10 – paragraph 1 – point a a (new)
Article 10 – paragraph 1 – point a a (new)
aa) the rights associated with the protection of the reporting person in the context of this Directive, including the possibility for the reporting person to consult OPLA directly;
Amendment 406 #
Proposal for a directive
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
ba) contacts from civil society organisations involved in the protection of persons reporting on breaches;
Amendment 410 #
Proposal for a directive
Article 10 – paragraph 1 – point g
Article 10 – paragraph 1 – point g
g) a statement clearly explaining that persons making information available to the competent authorityies and on internal reporting channels in accordance with this Directive are not considered to be infringing any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and are not to be involved in liability of any kind related to such disclosure.
Amendment 412 #
Proposal for a directive
Article 10 – paragraph 1 – point g a (new)
Article 10 – paragraph 1 – point g a (new)
ga) access to reports and recommendations published by the competent authorities;
Amendment 414 #
Proposal for a directive
Article 10 – paragraph 1 – point g b (new)
Article 10 – paragraph 1 – point g b (new)
gb) contact information of organisations where legal advice can be obtained free of charge;
Amendment 416 #
2. Competent authorities as well as private and public legal entities shall promptly acknowledge the receipt of written reports to the postal or electronic address indicated by the reporting person, unless the reporting person explicitly requested otherwise or the competent authority reasonably, or private and public legal entities, believes that acknowledging receipt of a written report would jeopardise the protection of the reporting person’s identity.
Amendment 417 #
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 and ensuring the necessary confidentiality is maintained, the competent authorities and the private and public legal entities shall have the right to document the oral reporting in one of the following ways:
Amendment 419 #
Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The competent authorityies and the public and private legal entities shall offer the possibility to the reporting person to check, rectify and agree the transcript of the call by signing it.
Amendment 420 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Where an unrecorded telephone line is used for reporting, the competent authorityies and the private and public legal entities 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 authorityies and the public and private legal entities shall offer the possibility to the reporting person to check, rectify and agree with the minutesthe transcript of the call by signing them. it.
Amendment 422 #
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 authorityies or the private and public legal entities for reporting according to Article 7(2)(c), competent authorities and the private and public legal entities 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 cCompetent authorityies and private and public legal entities shall have the right to document the records of the meeting in one of the following ways:
Amendment 423 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 1 – point b
Article 11 – paragraph 5 – subparagraph 1 – point b
b) accurate minutes of the meeting prepared by the dedicated staff members of the competent authority and the private and public legal entities.
Amendment 424 #
Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
The competent authorityies and the public and private legal entities shall offer the possibility to the reporting person to check, rectify and agree withe the minutesranscript of the meetingcall by signing ithem.
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 445 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 448 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 468 #
Proposal for a directive
Article 14 – paragraph 1 – point n a (new)
Article 14 – paragraph 1 – point n a (new)
na) physical, moral or financial pressure exerted on the persons protected by this Directive;
Amendment 470 #
Proposal for a directive
Article 14 – paragraph 1 – point n b (new)
Article 14 – paragraph 1 – point n b (new)
nb) obstruction or cancellation of retirement benefits,
Amendment 481 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Reporting persons shall have access to effective assistance from competent authorities before any relevant authority involved in their protection against retaliation, including, where provided for under national law, certification of the fact that they qualify for protection under this Directive.
Amendment 487 #
Proposal for a directive
Article 15 – paragraph 8 a (new)
Article 15 – paragraph 8 a (new)
8a. Reporting persons shall have access to psychological support.
Amendment 496 #
Proposal for a directive
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
b) take retaliatory measures against reporting persons and against any natural or legal person associated with the activities protected by this Directive;
Amendment 511 #
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 any provision of this Directive, without prejudice to Article 16 and Article 17(2).
Amendment 514 #
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19a Non-regression clause 1. The implementation of this Directive shall under no circumstances constitute valid grounds for reducing the general level of protection already afforded when reporting on breaches other than those mentioned in Article 1. 2. This Directive is without prejudice to any other rights conferred on reporting persons by other legal acts of the Union.
Amendment 527 #
Proposal for a directive
Annex I – part I – point A – point 2 – introductory part
Annex I – part I – point A – point 2 – introductory part
2. Review procedures regulated in particular by:
Amendment 532 #
Proposal for a directive
Annex I – part I – point B – paragraph 1 – introductory part
Annex I – part I – point 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 546 #
Proposal for a directive
Annex I – part I – point C – point 1 – introductory part
Annex I – part I – point C – point 1 – introductory part
1. General safety requirements of products placed in the Union market as defined and regulated in particular by:
Amendment 550 #
Proposal for a directive
Annex I – part I – point C – point 2 – introductory part
Annex I – part I – point C – point 2 – introductory part
2. Marketing and use of sensitive and dangerous products, as regulated in particular by:
Amendment 555 #
Proposal for a directive
Annex I – part I – point D – point 3 – introductory part
Annex I – part I – point D – point 3 – introductory part
3. Safety requirements in the road sector as regulated in particular by:
Amendment 557 #
Proposal for a directive
Annex I – part I – point D – point 4 – introductory part
Annex I – part I – point D – point 4 – introductory part
4. Safety requirements in the maritime sector as regulated in particular by:
Amendment 559 #
Proposal for a directive
Annex I – part I – point E – title
Annex I – part I – point E – title
E Article 1(a)(v) – protection of the environment, sustainable development, waste management, marine, air and noise pollution, protection and management of water and soils, protection of nature and biodiversity and the fight against climate change, as well as provisions on environmental responsibility, including:
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)