22 Amendments of Silvia COSTA related to 2018/0106(COD)
Amendment 102 #
Proposal for a directive
Citation 6 a (new)
Citation 6 a (new)
Having regard to the Charter of Fundamental Rights of the European Union, in particular Article 11 on Freedom of expression and information,
Amendment 103 #
Proposal for a directive
Citation 6 b (new)
Citation 6 b (new)
Having regard to the European Parliament resolution of 14 February 2017 on the role of whistleblowers in the protection of EU’s financial interests,
Amendment 104 #
Proposal for a directive
Citation 6 c (new)
Citation 6 c (new)
Amendment 106 #
Proposal for a directive
Recital 2
Recital 2
(2) At Union level, reports by whistleblowers are one upstream component of enforcement of Union law and policies: they feed national and Union enforcement systems with information leading to effective detection, investigation and prosecution of breaches of Union law.
Amendment 121 #
Proposal for a directive
Recital 22
Recital 22
(22) Persons who report information about threats or harm to the public interest obtained 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 the right to receive and impart information as well as media freedom and pluralism.
Amendment 126 #
Proposal for a directive
Recital 25
Recital 25
(25) Effective enforcement of Union law requires that protection isprotection needs to be granted to the broadest possible range of categories of persons, who, irrespective of whether they are EU citizens or third- country nationals, 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 127 #
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. Protection should thus also be granted to workers in non-standard employment relationships, including part- time workers, paid trainees 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 128 #
Proposal for a directive
Recital 27
Recital 27
(27) Protection should also extend to 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-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 137 #
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 and fostering a culture of accountability and transparency in democratic societies.
Amendment 138 #
Proposal for a directive
Recital 34
Recital 34
(34) It is for the Member States to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this Directive. These may be regulatory or supervisory bodies in the areas concerned, law enforcement agencies, anti-corruption bodies and ombudsmen. The authorities designated as competent shall be independent and have the necessary capacities and powers to impartially and objectively assess the accuracy of the allegations made in the report and to address the breaches reported, including by launching an investigation, prosecution or action for recovery of funds, or other appropriate remedial action, in accordance with their mandate.
Amendment 147 #
Proposal for a directive
Recital 45
Recital 45
(45) The most appropriate persons or departments within a private legal entity to be designated as competent to receive and follow up on reports depend on the structure of the entity, but, in any case, they shall be designated in close collaboration with the employees or employee representatives and their function should ensure absence of conflict of interest and independence. In smaller entities, this function could be a dual function held by a company officer well placed to report directly to the organisational head, such as a chief compliance or human resources officer, a legal or privacy officer, a chief financial officer, a chief audit executive or a member of the board.
Amendment 156 #
Proposal for a directive
Recital 53
Recital 53
(53) Dedicated staff members of the competent authorities, who are professionally trained on a regular basis, including on applicable data protection rules, would be necessary in order to receive and handle reports and to ensure communication with the reporting person, as well as following up on the report in a suitable manner.
Amendment 170 #
Proposal for a directive
Recital 65
Recital 65
(65) Reporting persons should be protected against any form of retaliation, whether direct or indirect, taken by their employer or customer/recipient of services and by persons working for or acting on behalf of the latter, including co-workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his/her work-related activities, where retaliation is recommended or tolerated by the concerned person. Protection should be provided against retaliatory measures taken vis-à-vis the reporting person him/herself but also those that may be taken vis-à-vis the legal entity he/she represents, such as denial of provision of services, blacklisting or business boycotting. Indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work-related connection with the latter’s employer or customer/recipient of services and workers’ representatives or other persons and organisations who have provided support to the reporting person.
Amendment 178 #
Proposal for a directive
Recital 76
Recital 76
(76) The rights of the concerned person should be protected in order to avoid reputational damages or other negative consequences. Furthermore, the rights of defence and access to remedies of the concerned person should be fully respected at every stage of the procedure following the report, in accordance with Articles 47 and 48 of the Charter of Fundamental Rights of the European Union. Member States should ensure the right of defence of the concerned person, including the right to access to the file, the right to be heard and the right to seek effective remedy against a decision concerning the concerned person under the applicable procedures set out in national law in the context of investigations or subsequent judicial proceedings, and to this end suitable measures should be employed to make individuals and civil society more aware of this.
Amendment 185 #
1. With a view to protecting the public interest, safeguarding freedom of expression and enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:
Amendment 207 #
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 appropriate.
Amendment 228 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The person or department referred to in point (b) of paragraph 1 may be the same person who is competent for receiving the reports. Additional persons may be designated, in close collaboration with employees or employee representatives, as “trusted persons” from whom reporting persons and those considering reporting may seek confidential advice.
Amendment 235 #
Proposal for a directive
Article 6 – paragraph 2 – point a a (new)
Article 6 – paragraph 2 – point a a (new)
(aa) are independent and dispose over adequately qualified and trained staff and appropriate funding;
Amendment 249 #
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. Dedicated staff members shall receive specific and regular training for the purposes of handling reports.
Amendment 250 #
Proposal for a directive
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) providing any interested person with information on the procedures for reporting and on the protection to which he/she is entitled;
Amendment 289 #
Proposal for a directive
Article 14 – paragraph 1 – point j
Article 14 – paragraph 1 – point j
(j) failure to renew or early termination of the temporary employment or voluntary work contract;
Amendment 300 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where the identity of the concerned persons is not known to the public, competent authorities shall ensure that their identity is protected for as long as the investigation is ongoing and in no case after the start of the criminal trial.