2016/2055(INI) Role of whistle-blowers in the protection of EU's financial interests
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | CONT |
PITERA Julia ( PPE),
IVAN Cătălin Sorin ( S&D),
THEURER Michael ( ALDE),
JÁVOR Benedek ( Verts/ALE),
VALLI Marco ( EFDD)
|
|
| Committee Opinion | AFCO |
MESSERSCHMIDT Morten ( ECR)
|
Sylvie GOULARD ( ALDE),
Ramón JÁUREGUI ATONDO ( S&D),
Constance LE GRIP ( PPE),
Barbara SPINELLI ( GUE/NGL)
|
| Committee Opinion | ECON |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
2017/02/14
EP - Results of vote in Parliament
Documents
2017/02/14
EP - Decision by Parliament
Details
The European Parliament adopted by 607 votes to 16, with 70 abstentions, a resolution on the role of whistle-blowers in the protection of EU’s financial interests.
Members stressed that whistle-blowers contribute greatly to increasing the democratic quality of, and the trust in, public institutions by making them directly accountable to citizens and more transparent.
European protection programme : Parliament deplored the fact that the Commission has so far failed to submit any legislative proposals aimed at establishing a minimum level of protection for European whistleblowers. It urged the Commission to immediately submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme which includes mechanisms for companies, public bodies and non-profit organisations.
More specifically, the Commission is called upon to submit a legislative proposal before the end of this year protecting whistle-blowers as part of the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Union.
Member States which have not yet adopted the principles to protect whistle-blowers in their domestic law are called on to do so as soon as possible.
Whistle-blower protection : Parliament considered it necessary to foster an ethical culture helping to ensure that whistle-blowers will not suffer retaliation or face internal conflicts. It stressed that the definition of whistle-blowing includes the protection of those who disclose information with a reasonable belief that the information is true at the time it is disclosed, including those who make inaccurate disclosures in honest error.
The Commission is invited to:
provide a clear legal framework that guarantees that those exposing illegal or unethical activities are protected from retaliation or prosecution; ensure that its proposal affords the same protection to investigative journalists as it does to whistle-blowers.
European body : Parliament stressed the need to establish an independent information-gathering, advisory and referral EU body, with offices in Member States which are in a position to receive reports of irregularities. It should be provided with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help internal and external whistle-blowers in using the right channels to disclose their information on possible irregularities affecting the financial interests of the Union, while protecting their confidentiality and offering needed support and advice.
Special unit with the European Parliament : Members requested the establishment a special unit with a reporting line as well as dedicated facilities (e.g. hotlines, websites, contact points) within Parliament for receiving information from whistle-blowers relating to the financial interests of the Union, which will also provide them with advice and help in protecting them against any possible retaliatory measure. They called for a website to be launched where complaints can be submitted.
Single working protocol : the resolution called on the Commission to :
set up procedures for receiving and protecting whistleblowers who provide information on irregularities relating to the financial interests of the Union, and to establish a single working protocol for whistleblowers; provide Parliament with any information received from whistle-blowers affecting the financial interests of the Union and include a chapter on their alerts and the follow-up to these in the annual activity reports; carry out a public consultation to seek the view of stakeholders on the reporting mechanisms and on the potential shortcomings of the procedures at national level; study best practices from whistle-blower programmes already in place in other countries around the world.
Lastly, Parliament called on Member States to refrain from criminalising the actions of whistle-blowers in disclosing information about illegal activities or irregularities harmful to the EU’s financial interests.
Documents
2017/02/14
EP - End of procedure in Parliament
2017/02/13
EP - Debate in Parliament
Documents
2017/01/20
EP - Committee report tabled for plenary
Details
The Committee on Budgetary Control adopted an own-initiative report by Dennis de JONG (GUE/NGL, NL) on the role of whistle-blowers in the protection of EU’s financial interests.
The report stressed that whistle-blowers contribute greatly to increasing the democratic quality of, and the trust in, public institutions by making them directly accountable to citizens and more transparent.
Legislative proposal : Members urged the Commission to immediately submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme which includes mechanisms for companies, public bodies and non-profit organisations.
More specifically, the Commission is called upon to submit a legislative proposal before the end of this year protecting whistle-blowers as part of the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Union.
Member States which have not yet adopted the principles to protect whistle-blowers in their domestic law are called on to do so as soon as possible
Whistle-blower protection : Members considered it necessary to foster an ethical culture helping to ensure that whistle-blowers will not suffer retaliation or face internal conflicts. They stressed that the definition of whistle-blowing includes the protection of those who disclose information with a reasonable belief that the information is true at the time it is disclosed, including those who make inaccurate disclosures in honest error.
The Commission is invited to:
provide a clear legal framework that guarantees that those exposing illegal or unethical activities are protected from retaliation or prosecution; ensure that its proposal affords the same protection to investigative journalists as it does to whistle-blowers.
European body : the report stressed the need to establish an independent information-gathering, advisory and referral EU body, with offices in Member States which are in a position to receive reports of irregularities. It should be provided with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help internal and external whistle-blowers in using the right channels to disclose their information on possible irregularities affecting the financial interests of the Union, while protecting their confidentiality and offering needed support and advice.
Special unit : Members requested the establishment a special unit with a reporting line as well as dedicated facilities (e.g. hotlines, websites, contact points) within Parliament for receiving information from whistle-blowers relating to the financial interests of the Union, which will also provide them with advice and help in protecting them against any possible retaliatory measure. They called for a website to be launched where complaints can be submitted.
Single working protocol : the report called on the Commission, and on the European Public Prosecutor’s Office in so far as it is within its mandate upon its establishment, to establish efficient channels of communication between the parties concerned, to likewise set up procedures for receiving and protecting whistle-blowers who provide information on irregularities, and to establish a single working protocol for whistle-blowers.
The Commission is also called upon to:
provide Parliament with any information received from whistle-blowers affecting the financial interests of the Union; carry out a public consultation to seek the view of stakeholders on the reporting mechanisms and on the potential shortcomings of the procedures at national level; study best practices from whistle-blower programmes already in place in other countries around the world.
Lastly, the report called on Member States to refrain from criminalising the actions of whistle-blowers in disclosing information about illegal activities or irregularities harmful to the EU’s financial interests.
Documents
2017/01/09
EP - Vote in committee
2016/10/21
EP - Committee opinion
Documents
2016/10/18
EP - Amendments tabled in committee
Documents
2016/09/06
EP - Committee draft report
Documents
2016/04/28
EP - Committee referral announced in Parliament
2016/04/20
EP - MESSERSCHMIDT Morten (ECR) appointed as rapporteur in AFCO
Documents
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament: T8-0022/2017
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A8-0004/2017
- Committee opinion: PE587.624
- Amendments tabled in committee: PE592.170
- Committee draft report: PE587.704
- Committee draft report: PE587.704
- Amendments tabled in committee: PE592.170
- Committee opinion: PE587.624
Activities
- Inés AYALA SENDER
Plenary Speeches (1)
- Michela GIUFFRIDA
Plenary Speeches (1)
- Marian HARKIN
Plenary Speeches (1)
- Cătălin Sorin IVAN
Plenary Speeches (1)
- Benedek JÁVOR
Plenary Speeches (1)
- Dennis de JONG
Plenary Speeches (1)
- Monica MACOVEI
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Krisztina MORVAI
Plenary Speeches (1)
- Julia PITERA
Plenary Speeches (1)
- Tibor SZANYI
Plenary Speeches (1)
Votes
A8-0004/2017 - Dennis de Jong - Résolution #
2017/02/14 Outcome: +: 607, 0: 70, -: 16
ENF
NI| Amendments | Dossier |
| 143 |
2016/2055(INI)
2016/10/06
AFCO
40 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Maintains that whistle-blowers play an essential role in helping Member State and EU institutions and bodies to deter any breaches of the principle of integrity and misuse of power that might violate the rule of law at European and national levels, harm the economy, raise unemployment, restrict and distort fair competition and undermine the trust of citizens in democratic institutions and processes; in this regard, whistle-blowers greatly contribute to increase the democratic quality of and the trust in public institutions by making them directly accountable to citizens and more transparent;
Amendment 10 #
Draft opinion Paragraph 3 3. Regrets that
Amendment 11 #
Draft opinion Paragraph 3 3. Regrets that not all EU institutions and bodies have adopted the rules and calls for such rules to be applied without delay;
Amendment 12 #
Draft opinion Paragraph 3 3. Regrets that not all EU institutions and bodies have yet adopted the rules to protect whistle-blowers;
Amendment 13 #
Draft opinion Paragraph 3 a (new) 3a. Points out the need for the Parliament to carry out a study in order to come forward with a concrete proposal for a mechanism to protect Accredited Parliamentary Assistants in case they become whistle-blowers, when there is enough and solid evidence of corruption or serious misconduct on the part of his or her MEP, as well as creating a safe method of communication with the relevant posts of the European Parliament, while bearing in mind the special nature of the work of an Assistant;
Amendment 14 #
Draft opinion Paragraph 3 a (new) 3a. Recalls that the Member-States are the first consignee of Funds from the European Union and therefore are bound to the scrutiny of the legality of their spending;
Amendment 15 #
Draft opinion Paragraph 3 a (new) 3a. Considers it necessary to foster an ethical culture helping to ensure that whistle-blowers will not suffer retaliation or face internal conflicts;
Amendment 16 #
Draft opinion Paragraph 4 4. Takes note that the Commission, in its EU Anti-Corruption report, stated that EU Member States have in place most of the necessary anti-corruption legal instruments and institutions,
Amendment 17 #
Draft opinion Paragraph 4 4. Takes note that the Commission, in its EU Anti-Corruption report, stated that EU Member States have in place most of the necessary anti-corruption legal instruments and institutions,
Amendment 18 #
Draft opinion Paragraph 4 4. Takes note that the Commission, in its EU Anti-Corruption report, stated that EU Member States have in place most of the necessary anti-corruption legal instruments and institutions, the capacity and efficiency of which should be improved; to this end, calls on Member States to put in place concrete efforts to ensure the adequate capacity of these instruments and institutions and improve their efficiency;
Amendment 19 #
Draft opinion Paragraph 4 4. Takes note that the Commission, in its EU Anti-Corruption report, stated that EU Member States have in place most of the necessary anti-corruption legal instruments and institutions, however the capacity and efficiency of
Amendment 2 #
Draft opinion Paragraph 1 1. Maintains that whistle-blowers play an essential role in helping Member State and EU institutions and bodies to
Amendment 20 #
Draft opinion Paragraph 4 a (new) 4a. Calls on the Commission to take legislative action with the aim of improving transparency, by providing for a full access to documents, and fighting against corruption, including mafia- related type; regards it as essential to strengthen legislative provisions designed to guarantee greater transparency and traceability of financial flows, in particular as far as EU funds are concerned, including by means of a final audit to check that the funds have been properly used;
Amendment 21 #
Draft opinion Paragraph 4 a (new) 4a. Regrets that many Member States have still failed to put in place dedicated whistle-blower protection rules, particularly given the essential nature of whistle-blower protection in the prevention of and fight against corruption and the fact that whistle-blower protection is recommended under the UN Convention on Anti-Corruption in Article 33;
Amendment 22 #
Draft opinion Paragraph 4 b (new) 4b. Points out that corruption, in particular in the context of the award of public contracts, makes it easier for organised crime to infiltrate the legal economy; calls, therefore on the Member States to take measures to curb the activities of professionals, banks, civil servants and politicians, who, although not members of criminal organisations, support them at various levels;
Amendment 23 #
Draft opinion Paragraph 5 5. Recalls that Commission Directive 2015/2392 sets out the procedures for reporting, record-keeping requirements, and protection measures for whistle- blowers; underlines the importance in guaranteeing that whistle-blowers can report infringements in a confidential way and that their anonymity is properly and fully safeguarded also in the digital environment;
Amendment 24 #
Draft opinion Paragraph 5 5. Recalls that Commission Directive 2015/2392 sets out the procedures for reporting, record-keeping requirements, and protection measures for whistle- blowers, but regrets that this is one of the few pieces of sectorial legislation that includes provisions for whistle-blowers;
Amendment 25 #
Draft opinion Paragraph 6 6. Calls on the Commission to set up a
Amendment 26 #
Draft opinion Paragraph 6 6. Calls on the Commission to set up an EU legal framework on the protection of whistle-blowers
Amendment 27 #
Draft opinion Paragraph 6 6. Reiterates its Calls on the Commission to
Amendment 28 #
Draft opinion Paragraph 6 6. Calls on the Commission to set up an EU legal framework
Amendment 29 #
Draft opinion Paragraph 6 6. Calls on the Commission to set up
Amendment 3 #
Draft opinion Paragraph 1 1. Maintains that whistle-blowers play an essential role in helping Member State and EU institutions and bodies to deter any breaches of the principle of integrity and misuse of power that might violate the rule of law at European
Amendment 30 #
Draft opinion Paragraph 6 6. Calls on the Commission to set up an EU legal framework on the protection of whistle-blowers
Amendment 31 #
Draft opinion Paragraph 6 6. Calls on the Commission to set up an EU legal framework on the protection of whistle-blowers
Amendment 32 #
Draft opinion Paragraph 6 a (new) 6a. Encourages the Commission to study best-practices from existing whistle- blower programmes which are already in place in other countries around the world; draws attention to the fact that some existing schemes provide financial rewards (for example a percentage of the sanctions ordered) to whistle-blowers; considers that although this needs to be carefully managed to prevent potential abuse, these financial rewards could provide important income to whistle- blowers who have lost their job as a result of whistleblowing;
Amendment 33 #
Draft opinion Paragraph 6 a (new) 6a. Calls on the Member States to refrain from criminalising the actions of whistle-blowers when they disclose information about illegal activities or irregularities against the EU’s financial interests;
Amendment 34 #
Draft opinion Paragraph 7 Amendment 35 #
Draft opinion Paragraph 7 7. Regrets the Commission’s decision to withdraw a chapter on the EU institutions from the report on corruption in the Member States and therefore calls on the Commission to reintroduce such important chapter;
Amendment 36 #
Draft opinion Paragraph 8 8. Calls on the Commission to address the Ombudsman’s
Amendment 37 #
Draft opinion Paragraph 8 8. Calls on
Amendment 38 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the Commission and Member States to develop and put in place specific policies and programmes to raise awareness on the social importance of whistle-blowers in ensuring the respect of the principle of integrity, detecting violations of fundamental rights and the rule of law as well as avoiding the misuse of power within our societies;
Amendment 39 #
Draft opinion Paragraph 8 a (new) 8a. Finally believes that, in order to avoid any conflicts of interests that could undermine public perception as far as the integrity of the EU Institutions is concerned, the Commission should swiftly revise its Code of Conduct for Commissioners by strengthening its transparency and aligning it with the Treaty rules;
Amendment 4 #
Draft opinion Paragraph 1 1. Maintains that whistle-blowers play an essential role in helping Member State and EU institutions and bodies to deter any breaches of the principle of integrity and misuse of power that might violate the rule of law at European and national levels, harm the economy or environment and undermine the trust of citizens in democratic institutions and processes;
Amendment 40 #
Draft opinion Paragraph 8 a (new) 8a. Calls for accessible secure direct channels to be set up for information about possible irregularities affecting the EU’s financial interests, while also ensuring confidentiality where such information and whistle-blowers are concerned;
Amendment 5 #
Draft opinion Paragraph 1 a (new) 1a. Notes that the rights of both the whistle-blowers and the Public body or institution involved should enjoy the legal protection guaranteed by the European Charter of Fundamental Rights and the national legal provisions;
Amendment 6 #
Draft opinion Paragraph 2 2. Recalls that Article 22(c) of the Staff Regulations requires EU institutions to introduce internal whistle-blowing rules providing protection for whistle-blowers
Amendment 7 #
Draft opinion Paragraph 3 3.
Amendment 8 #
Draft opinion Paragraph 3 3. Regrets that
Amendment 9 #
Draft opinion Paragraph 3 3. Regrets that not all EU institutions and bodies have adopted the rules and therefore calls on them to adopt as swiftly as possible such rules;
source: 592.079
2016/10/18
CONT
103 amendments...
Amendment 1 #
Motion for a resolution Heading 1 on the role of whistle-blowers in the protection of EU’s
Amendment 10 #
Motion for a resolution Recital A A. whereas in the context of the discharge procedure, Parliament needs as much information as possible relating to
Amendment 100 #
Motion for a resolution Paragraph 9 9. Reiterates its call on all EU institutions who have not yet done so to implement Article 22c of the Staff Regulations without further delay; calls urgently on all the institutions to ensure that their internal rules in respect of whistle-blowers are reliable and comprehensive;
Amendment 101 #
Motion for a resolution Paragraph 9 9. Reiterates its call on all EU institutions who have not yet done so to implement Article 22c of the Staff Regulations in a robust and comprehensive manner and without further delay;
Amendment 102 #
Motion for a resolution Paragraph 9 a (new) 9 a. Encourages the countries to develop data, benchmarks and indicators on whistle-blower policies in both public and private sector
Amendment 103 #
Motion for a resolution Paragraph 9 b (new) 9 b. Urges all institutions to ensure their respective adopted internal rules on whistleblower protections are robust and comprehensive
Amendment 11 #
Motion for a resolution Recital F F. whereas whistle-blowers therefore play an important role in detecting and reporting irregularities in respect of the expenditures or fraud relating to the EU budget, the notification of which helps stem not only tax offences such as tax evasion and avoidance, but also corruption and other crime-related activities;
Amendment 12 #
Motion for a resolution Recital F F. whereas whistle-blowers therefore play an important role in preventing, detecting and reporting irregularities in respect of the expenditures relating to the EU budget;
Amendment 13 #
Motion for a resolution Recital F F. whereas whistle-blowers therefore play an important role in detecting and reporting irregularities in respect of the expenditures relating to the EU budget, and whereas we therefore need to establish and promote a culture of security surrounding the European public good that means that EU officials and other staff, as well as the general public, feel engaged in sound management, and which shows that the EU institutions support, protect and encourage potential whistle-blowers; whereas it is vital for a horizontal legal framework to be established as a matter of urgency, which, by laying down rights and obligations, protects whistle-blowers throughout the EU, as well as in the EU institutions (protection of anonymity, legal, psychological and, where necessary, financial assistance, access to various information channels, rapid response schemes, etc.);
Amendment 14 #
Motion for a resolution Recital F F. whereas whistle-blowers therefore play an important role in detecting and reporting irregularities in respect of the expenditures relating to the EU budget and other irregularities affecting the EU's public interest;
Amendment 15 #
Motion for a resolution Recital F F. whereas whistle-blowers therefore play an important role in detecting and reporting irregularities in respect of the expenditures relating to the EU budget, as well as in identifying and publicising cases of corruption;
Amendment 16 #
Motion for a resolution Recital F a (new) F a. whereas most EU Member States have ratified the UN Convention against Corruption, which makes it obligatory to provide appropriate and effective protection to whistle-blowers;
Amendment 17 #
Motion for a resolution Recital G a (new) G a. whereas the activity of whistle- blowers, based on the principles of transparency and integrity, is essential for whistleblowing, so their protection should be guaranteed by law and reinforced throughout the European Union but only if the purpose of their action is to protect the public interest by acting in good faith according to the jurisprudence of the European Court of Human Rights;
Amendment 18 #
Motion for a resolution Recital G b (new) G b. whereas the authorities should not limit or reduce the ability of whistle- blowers and journalists to document and disclose illegal, unlawful or harmful practices, when revealing this information in good faith and the public interest is a priority;
Amendment 19 #
Motion for a resolution Recital H H. whereas all the EU institutions have been obliged since 1 January 2014 to introduce internal rules protecting whistle- blowers who are officials of the EU institutions, in accordance with Articles 22a, 22b and 22c of the Staff Regulations,
Amendment 2 #
Motion for a resolution Citation 1 a (new) - whereas the protection of EU public interests covers abuse of power, infringement of regulations, directives, and other EU provisions, and other actions posing a direct threat to the EU public interest,
Amendment 20 #
Motion for a resolution Recital H H. whereas all the EU institutions have been obliged since 1 January 2014 to introduce internal rules protecting whistle- blowers who are officials of the EU institutions, in accordance with Articles 22a, 22b and 22c of the Staff Regulations, even though not all institutions have yet done so and the working group of the interinstitutional Preparatory Committee for Matters relating to the Staff Regulations, dealing with the protection of whistle-blowers, has not yet finished its work; whereas part of the work done by that working group should be to assess the situation of whistle-blowers who have suffered consequences within the institutions, so as to establish best practices based on past experience;
Amendment 21 #
Motion for a resolution Recital H H. whereas all the EU institutions have been obliged since 1 January 2014 to introduce internal rules protecting whistle- blowers who are officials of the EU institutions, in accordance with Articles 22a, 22b and 22c of the Staff Regulations, even though not all institutions have yet done so and the working group of the interinstitutional Preparatory Committee for Matters relating to the Staff Regulations, dealing with the protection of whistle-blowers, has not yet finished its work; whereas those internal rules must take account of the management structure and of the specific characteristics of the various categories under the Staff Regulations;
Amendment 22 #
Motion for a resolution Recital H a (new) Ha. Welcomes the decision taken by the European Ombudsman in 2014 to launch an own-initiative investigation, addressed to the EU institutions, into the protection of whistle-blowers, and welcomes the extremely positive outcomes that has had; calls for the institutions and other bodies of the EU that have yet to do so to apply, without delay, the guidelines that were drawn up upon conclusion of the investigation;
Amendment 23 #
Motion for a resolution Recital H a (new) Ha. whereas that delay is the reason behind a discriminatory situation in which a vulnerable minority of potential whistle-blowers has been created who are liable to be mistreated within the institutions themselves;
Amendment 24 #
Motion for a resolution Recital H a (new) H a. Notes that only a few EU Member States have introduced sufficiently advanced whistle-blower protection systems;
Amendment 25 #
Motion for a resolution Recital I I. whereas
Amendment 26 #
Motion for a resolution Recital I I. whereas the protection of whistle- blowers
Amendment 27 #
Motion for a resolution Recital I I. whereas the protection of whistle- blowers at Member State level has not been harmonised, which means that even when the financial interests of the European Union are at stake, it may be risky for whistle-blowers to provide Parliament with information on irregularities, and whereas it is precisely because people are afraid of what might happen to them owing to the lack of protection, and because they believe that no action will be taken, that irregularities are not reported, and the EU's financial interests are undermined as a result;
Amendment 28 #
Motion for a resolution Recital I a (new) I a. whereas there is a need to ensure that any kind of retaliation against whistle-blowers will be suitably punished;
Amendment 29 #
Motion for a resolution Recital J J. whereas in its resolution of 23 October 2013, Parliament called on the Commission to submit a legislative proposal by the end of 2013 establishing an effective and comprehensive European whistle-blower protection programme in the public and private sectors, to protect those who detect inefficient management and irregularities and report cases of national and cross-border corruption relating to EU financial interests;
Amendment 3 #
Motion for a resolution Citation 7 a (new) - having regard to Council of Europe recommendation CM/Rec(2014)7 on the Protection of Whistleblowers,
Amendment 30 #
Motion for a resolution Recital K K.
Amendment 31 #
Motion for a resolution Recital K K. whereas the Commission has so far failed to submit any legislative proposals aimed at
Amendment 32 #
Motion for a resolution Recital K a (new) K a. whereas, the Union legislator has already provided for the protection of whistleblowers in sectorial instruments including Directive 2013/30/EU on safety of offshore oil and gas operations, Regulation (EU) No 596/2014 on market abuse, Directive (EU) 2015/849 on money laundering and terrorist financing and Regulation (EU) No 376/2014 on occurrence reporting;
Amendment 33 #
Motion for a resolution Recital M a (new) M a. whereas according to OECD more than 1/3 of organisations with a reporting mechanism did not have or did not know of, a written policy on protecting those who report from reprisals;
Amendment 34 #
Motion for a resolution Recital N N. whereas non-governmental organisations such as Transparency International, Whistleblowing International Network, etc., have similarly developed international principles for whistle-blower legislation which should serve as a source of inspiration for EU initiatives in this regard;
Amendment 35 #
Motion for a resolution Recital N a (new) N a. whereas the European Ombudsman has a clear competence in relation to the investigation of complaints of EU citizens about maladministration in the EU institutions, but in itself plays no role in the protection of whistleblowers in the Member States;
Amendment 36 #
Motion for a resolution Recital N a (new) Na. whereas whistle-blower protection is a fairly new legal field and whereas most of the laws, provisions, and rules have been have been adopted within the last 20 years, and the best solution for protecting whistle-blowers is still being sought;
Amendment 37 #
Motion for a resolution Recital N a (new) N a. whereas the Staff Regulations of Officials and Conditions of Employment of Other Servants introduced in its new version in force since 1st January 2014 several provisions on whistleblowing;
Amendment 38 #
Motion for a resolution Recital N a (new) N a. whereas whistle-blowing is a fundamental source of information in the fight against organised crime and in the investigation of corruption in the public sector;
Amendment 39 #
Motion for a resolution Recital N b (new) N b. whereas the protection of whistle- blowers is essential to safeguarding the public good and the financial interests of the Union and to promoting a culture of public accountability and integrity in both public and private institutions;
Amendment 4 #
Motion for a resolution Citation 9 a (new) - having regard to the inquiry of the European Ombudsman of 2 March 2015 and its call on EU Institutions to adopt the required rules on whistleblowing;
Amendment 40 #
Motion for a resolution Recital N c (new) N c. whereas in many jurisdictions, and particularly in the private sector, employees are subject to duties of confidentiality with respect to certain information, which means that whistle- blowers might encounter disciplinary actions for reporting outside their organisation;
Amendment 41 #
Motion for a resolution Paragraph 1 1.
Amendment 42 #
Motion for a resolution Paragraph 1 1. Reiterates its call on the Commission to swiftly submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme
Amendment 43 #
Motion for a resolution Paragraph 1 1. Reiterates its call on the Commission to submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection
Amendment 44 #
Motion for a resolution Paragraph 1 1. Reiterates its call on the Commission to submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme which includes mechanisms for companies, public bodies and non-profit organisations and, in particular, calls on the Commission to submit a legislative proposal before the end of this year protecting whistle-blowers as part of the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Union, with a view to affording effective and equivalent protection in the Member States and in all the Union’s institutions, bodies, offices and agencies;
Amendment 45 #
Motion for a resolution Paragraph 1 1. Reiterates its call on the Commission to submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme and, in particular, calls on the Commission to submit a legislative proposal before the end of this year protecting whistle-blowers as part of the necessary measures in the fields of the prevention of and fight against fraud affecting the financial and other public interests of the Union, with a view to affording effective and equivalent protection in the Member States and in all the Union’s institutions, bodies, offices and agencies;
Amendment 46 #
Motion for a resolution Paragraph 1 1. Reiterates its call on the Commission to submit a legislative proposal as rapidly as possible establishing an effective and comprehensive European whistle-blower protection programme and, in particular, calls on the Commission to submit a legislative proposal before the end of this year protecting whistle-blowers as part of the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Union, with a view to affording effective and equivalent protection in the Member States and in all the Union’s institutions, bodies, offices and agencies;
Amendment 47 #
Motion for a resolution Paragraph -1 (new) -1. calls on EU Member States which have not yet adopted the principles to protect whistleblowers in their domestic law, to do so as soon as possible;
Amendment 48 #
Motion for a resolution Paragraph 1 a (new) 1a. Calls on the Commission to ensure that its proposal states that every report of fraud is automatically forwarded to the competent judicial authorities so that an external investigation can be held and penalties considered for every form of retaliation against whistle-blowers;
Amendment 49 #
Motion for a resolution Paragraph 2 2. Emphasises that whistle-blowing relating to the financial and other public interests of the Union is the
Amendment 5 #
Motion for a resolution Citation 9 a (new) - having regard to the Recommendation CM/Rec (2014)7 of the Council of Europe Committee of Ministers,
Amendment 50 #
Motion for a resolution Paragraph 2 2. Emphasises that whistle-blowing relating to the financial interests of the Union is the disclosure or reporting of wrongdoing, including, but not limited to, corruption, fraud, conflicts of interest, money laundering, infiltration by organised crime and acts to cover up any of these;
Amendment 51 #
Motion for a resolution Paragraph 2 2. Emphasises that whistle-blowing relating to the financial interests of the Union is the disclosure or reporting of wrongdoing, including, but not limited to, corruption, fraud, tax evasion and tax avoidance, money laundering, conflicts of interest and acts to cover up any of these;
Amendment 52 #
Motion for a resolution Paragraph 2 a (new) 2 a. Reiterates that a whistle-blower is required to inform about irregularities, which are contrary to the purpose of an organization, which may affect other employees, or institutions, or would be otherwise detrimental to the public interest;
Amendment 53 #
Motion for a resolution Paragraph 2 a (new) 2a. considers it essential for the burden of proof in cases of fraud and alleged retaliation for this to rest with the person accused of wrongdoing and not with the whistle-blower;
Amendment 54 #
Motion for a resolution Paragraph 2 b (new) 2 b. Reiterates that whistle-blowers often have better access to sensitive information than outsiders, and thus may be more likely exposed to greater consequences related to their professional career, or risk their personal safety protected by Article 6 of the Charter of Fundamental Rights of the EU;
Amendment 55 #
Motion for a resolution Paragraph 3 3. Stresses that the definition of whistle-blowing includes the protection of those who disclose information with a reasonable belief and based on proofs that the information
Amendment 56 #
Motion for a resolution Paragraph 3 3. Stresses that the definition of whistle-blowing includes the protection of those who disclose information with a reasonable belief and evidence that the information is true at the time it is disclosed, including those who make inaccurate disclosures in honest error;
Amendment 57 #
Motion for a resolution Paragraph 3 3. Stresses that the definition of whistle-blowing includes the protection of those who disclose information with a reasonable belief that the information is true at the time it is disclosed, including those who make inaccurate disclosures in honest error; and the definition of irregularities should take into account cultural and institutional differences;
Amendment 58 #
Motion for a resolution Paragraph 3 a (new) 3a. Stresses the role of investigative journalism and calls on the Commission to ensure that its proposal affords the same protection to investigative journalists as it does to whistleblowers,
Amendment 59 #
Motion for a resolution Paragraph 3 a (new) 3a. Maintains that 'whistle-blowing' is a noble, generous act in which a person puts his or her career at risk in order to prevent potentially harmful unlawful activities;
Amendment 6 #
Motion for a resolution Citation 9 a (new) - having regard to the OECD publication on "Committing to effective whistle-blower protection",
Amendment 60 #
Motion for a resolution Paragraph 4 4. Expresses the need to e
Amendment 61 #
Motion for a resolution Paragraph 4 4. Expresses the need to e
Amendment 62 #
Motion for a resolution Paragraph 4 4. Expresses the need to e
Amendment 63 #
Motion for a resolution Paragraph 4 4. Expresses the need to establish an independent EU institution with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help whistle-blowers use the right channels to disclose their information on possible irregularities affecting the financial interests of the Union, while protecting their confidentiality and offering assistance against possible retaliatory measures; in the first phase, its work would be primarily based on reliable verification of the information received;
Amendment 64 #
Motion for a resolution Paragraph 4 4. Expresses the need to establish an independent EU institution or a range of offices or authorities at EU level who are in a position to receive reports of corruption or other types of wrongdoings with sufficient budgetary resources, in order to help whistle-blowers use the right channels to disclose their information on possible irregularities affecting the financial interests of the Union, while protecting their confidentiality and offering assistance against possible retaliatory measures;
Amendment 65 #
Motion for a resolution Paragraph 4 4. Expresses the need to establish an independent
Amendment 66 #
Motion for a resolution Paragraph 4 4. Expresses the need to establish an independent EU
Amendment 67 #
Motion for a resolution Paragraph 4 4. Expresses the need to establish an independent
Amendment 68 #
Motion for a resolution Paragraph 4 4. Expresses the need to establish an independent EU institution with sufficient budgetary resources, in order to help whistle-blowers use the right channels to disclose their information on possible irregularities affecting the financial interests of the Union, while protecting their confidentiality and offering
Amendment 69 #
Motion for a resolution Paragraph 4 a (new) 4 a. Calls EU Institutions, in cooperation with all relevant National Authorities, to set up and organise all necessary measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats;
Amendment 7 #
Motion for a resolution Citation 9 b (new) - having regard to the decision of the European Court of Human Rights in the case Guja v. Moldova, Application No. 14277/04 of 12 February 2008,
Amendment 70 #
Motion for a resolution Paragraph 4 a (new) 4a. Considers it essential that future activities in the 'whistle-blower' field should all particularly emphasise the importance of incentives, that is to say, offering extra reasons and encouragement for employees to report such irregularities as might have come to their notice;
Amendment 71 #
Motion for a resolution Paragraph 4 a (new) 4 a. Whistleblowers should permanently cooperate by sharing information with the competent EU authorities
Amendment 72 #
Motion for a resolution Paragraph 4 b (new) 4 b. The European institutions should raise awareness of the serious effects of defenceless whistleblowers, therefore the Commission should provide a comprehensive action plan in this direction.
Amendment 73 #
Motion for a resolution Paragraph 5 5. Requests the establishment of
Amendment 74 #
Motion for a resolution Paragraph 5 5. Requests the establishment of a special
Amendment 75 #
Motion for a resolution Paragraph 5 5. Requests the establishment of a special
Amendment 76 #
Motion for a resolution Paragraph 5 5. Requests the establishment of a special office with a reporting line within Parliament for receiving information from whistle-
Amendment 77 #
Motion for a resolution Paragraph 5 – point 1 (new) (1) Commission should provide a clear legal framework that guarantees that those exposing illegal or unethical activities are protected from retaliation or prosecution.
Amendment 78 #
Motion for a resolution Paragraph 5 – point 2 (new) (2) the Commission should present concrete proposals for full protection of those who expose illegalities and irregularities, to provide a comprehensive plan to discourage asset transfers to countries outside the EU that serve as protectors of anonymity to corrupt persons and to reconsider its economic and diplomatic ties with these countries.
Amendment 79 #
Motion for a resolution Paragraph 5 a (new) 5 a. Emphasizes the fact that while the platform "EU Leaks" was launched in September 2016, allowing anonymous publication of documents which indicate irregularities; the widespread access and complete anonymity of the system could also be used for activities other than those undertaken in good faith aiming to protect the public interest;
Amendment 8 #
Motion for a resolution Citation 11 a (new) - having regard to Article 6 of the Charter of Fundamental Rights of the European Union
Amendment 80 #
Motion for a resolution Paragraph 5 a (new) 5 a. Expresses the need to ensure that reporting mechanisms are accessible, safe and secure, and that whistle blowers' claims are professionally investigated;
Amendment 81 #
Motion for a resolution Paragraph 5 a (new) 5 a. Requests the opening of a website to submit complaints. The website should be accessible to the public and keep their data anonymous
Amendment 82 #
Motion for a resolution Paragraph 5 a (new) 5 a. also checks will be performed in order to establish the accuracy of the information
Amendment 83 #
Motion for a resolution Paragraph 6 6. Calls on the Commission
Amendment 84 #
Motion for a resolution Paragraph 6 6. Calls on the Commission, and in particular on the European Anti-Fraud Office, to similarly set up procedures for receiving and protecting whistle-blowers who provide information on irregularities relating to the financial interests of the Union and to establish a single working protocol for whistle-blowers;
Amendment 85 #
Motion for a resolution Paragraph 6 6. Calls on the Commission, and in particular on the European Anti-Fraud Office,to establish efficient communication ways between the involved parties, to similarly set up procedures for receiving and protecting whistle-blowers who provide information on irregularities relating to the financial interests of the Union;
Amendment 86 #
Motion for a resolution Paragraph 6 6. Calls on the Commission, and in particular on the European Anti-Fraud Office, to similarly set up procedures for receiving and protecting whistle-blowers who provide information on irregularities relating to the financial and public interests of the Union;
Amendment 87 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls on all EU institutions and bodies to take the necessary action to ensure recognition and consideration of, and respect for, whistle-blowers in all cases that affect or have affected them and that have been acknowledged as such by the Court of Justice of the European Union, and points out that this should apply retroactively; calls on them, furthermore, to publicly and substantively report on the rulings concerned to the institution as a whole;
Amendment 88 #
Motion for a resolution Paragraph 6 a (new) 6a. Calls for a package of measures to educate stakeholders in order to familiarise them with their rights and with the possibilities and procedures for reporting irregularities that have come to their notice;
Amendment 89 #
Motion for a resolution Paragraph 7 7. Calls on the Commission
Amendment 9 #
Motion for a resolution Recital A A. whereas in the context of the discharge procedure, Parliament needs as much information as possible relating to any such irregularities; whereas in cases concerning irregularities internal to the institutions, Parliament should be entitled to full access to information so that it can conduct the discharge procedure in full knowledge of the facts;
Amendment 90 #
Motion for a resolution Paragraph 7 7. Calls on the Commission and on the Member States to promote whistle blower channels in order to provide Parliament with any information received from whistle-blowers affecting the financial interests of the Union;
Amendment 91 #
Motion for a resolution Paragraph 7 7. Calls on the Commission and on the Member States to provide Parliament with any information received from whistle-blowers affecting the financial interests of the Union and to include a chapter on their alerts and the follow-up to these in the annual activity reports;
Amendment 92 #
Motion for a resolution Paragraph 7 7. Calls on the Commission and on the Member States to provide Parliament with any information received from whistle-blowers affecting the financial interests of the Union; The Parliament will establish the accuracy of information in order to take appropriate measures
Amendment 93 #
Motion for a resolution Paragraph 7 a (new) 7 a. Reaffirms Parliament's longstanding support for the establishment of an efficient and independent European Public Prosecutor's Office (EPPO) which is especially important in the context of the protection of the financial interests of the Union and the enforcement efforts to protect the EU budget, thus strengthening the fight against fraud in the European Union;
Amendment 94 #
Motion for a resolution Paragraph 7 a (new) 7 a. Calls on the Commission to carry out a public consultation to seek the view of stakeholders on the reporting mechanisms and on the potential shortcomings of the procedures at national level; the results of the public consultation will represent a valuable input for the Commission when preparing its future proposal on whistle-blowing;
Amendment 95 #
Motion for a resolution Paragraph 7 a (new) 7 a. Invites the independent EU body, and until established, the OLAF to write and publish an annual report on the evaluation of the protection of whistle- blowers in the European Union;
Amendment 96 #
Motion for a resolution Paragraph 8 8.
Amendment 97 #
Motion for a resolution Paragraph 8 a (new) 8 a. Invites the EU Agencies to provide a written policy on protecting those who report from reprisals
Amendment 98 #
Motion for a resolution Paragraph 9 9.
Amendment 99 #
Motion for a resolution Paragraph 9 9. Reiterates its call on all EU institutions who have not yet done so to implement Article 22c of the Staff Regulations without further delay; urges all institutions to ensure their respective adopted internal rules on whistleblower protections are robust and comprehensive;
source: 592.170
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