2016/2224(INI) | [ParlTrack]

Draft opinion
Paragraph -1 (new)

-1. Recalls that the European Court of Human Rights has stated in the Case of Guja v. Moldova that in order to determine whether a particular disclosure should be protected or not, it is important to establish that, in making the disclosure, the individual acted in good faith and in the belief that the information was true, that it was in the public interest to disclose it and that no other, more discreet means of remedying the wrongdoing was available to him or her;

Amendment 10 #

Draft opinion
Paragraph 1 a (new)

1a. Notes with concern the effects and counter-effects which sharing sensitive information might have for various stakeholders, including whistle-blowers and the sources of their information; is concerned by the risk generated from the sensitivity and potentially the misuse and misinterpretation of sensitive information released to the public;

Amendment 11 #

Draft opinion
Paragraph 1 a (new)

1a. Stresses that negative perception of the act of whistleblowing and whistle- blowers slows progress by many countries in passing/enforcing whistle-blower laws, but also weakens citizens' willingness to report irregularities even when legal protection mechanisms are already in place;

Amendment 12 #

Draft opinion
Paragraph 1 a (new)

1a. Is of the opinion that the protection of whistleblowers is essential for the freedom of expression, the plurality of opinions, democracy and freedom;

Amendment 13 #

Draft opinion
Paragraph 1 b (new)

1b. Stresses that there is a need for legal protection of whistleblowers in the European Union; reaffirms that the rule of law is beneficial for a culture of the freedom of expression;

Amendment 14 #

Draft opinion
Paragraph 2

~~2. Reaffirms that the implementation 2. of legal regulations encourages a speak- up culture and~~States that whistle-blowing should be promoted as civic engagement and as an act of good citizenship and supported by effective awareness-raising, communication, learning, educational and training efforts;

Amendment 15 #

Draft opinion
Paragraph 2

2. Reaffirms that the implementation of legal regulations ~~encourages a~~will help EU citizens to exercise their fundamental right to speak- up ~~culture and~~against wrongdoing; notes that whistle- blowing should be promoted as an act of good citizenship and supported by effective awareness-raising, communication and training efforts;

Amendment 16 #

Draft opinion
Paragraph 2

2. Reaffirms that the implementation of legal regulations ~~encourages~~should provide a safe environment for a speak-up culture and that whistle-blowing should be p~~romot~~erceived as an act of good citizenship and supported by effective awareness-raising, communication and training efforts; as well as by legal incentives providing protection;

Amendment 17 #

Draft opinion
Paragraph 2

2. Reaffirms that the implementation of legal regulations encourages a speak-up culture and that whistle-blowing should be promoted as an act of good citizenship and supported by effective awareness-raising, communication and training efforts; suggests that Member States which consider it to be appropriate should incorporate the subject of whistle-blowers in civic instruction courses, as it is highly relevant to learning about citizenship;

Amendment 18 #

Draft opinion
Paragraph 2

2. Reaffirms that the implementation of legal regulations encourages a speak-up culture and that whistle-blowing should be promoted as an act of good citizenship and supported by effective awareness-raising, communication and training efforts, while ensuring sufficient safeguards are in place for the protection of commercially sensitive company information, such as trade secrets;

Amendment 19 #

Draft opinion
Paragraph 2 a (new)

2a. Encourages Members States to be proactive in promoting an open culture within the workplace, whether it be public or private, which enables organisations to operate with high ethical standards, gives employees the confidence to speak up and therefore allows action to be taken to prevent or remedy any threats or harm;

Amendment 2 #

Michaela ŠOJDROVÁ

Draft opinion
Paragraph -1 (new)

-1. Considers that whistle-blowing is one of the most important tools leading to the detection and prevention of fraud and corruption in public administration and private companies, which can lead to considerable savings of public funds, ensuring safety and even saving lives; underlines that the contribution of whistleblowers in exposing and preventing corruption is undeniable;

Amendment 20 #

Draft opinion
Paragraph 2 a (new)

2a. Believes setting common minimum standards for whistleblowing protection that apply throughout the EU could promote a culture of accountability and integrity in the public sector, and help win back trust in democratic institutions;

Amendment 21 #

Draft opinion
Paragraph 2 b (new)

2b. Encourages Member States to evaluate regularly the effectiveness of the measures they implement, taking into account public opinion on attitudes towards the act of whistleblowing and whistle-blowers, cross-sectoral surveys of senior managers designated to receive and handle reports and independent research studies on whistleblowing across workplaces;

Amendment 22 #

Draft opinion
Paragraph 3

3. Reaffirms the need for public institutions and private organisations to establish in~~ternal whistle-blowing procedures for their employees, setting out clear confidential routes for making disclosures~~ close cooperation with workers representatives where possible internal whistle-blowing procedures in order to protect their employees; but insists that these procedures shall not replace legislation;

Amendment 23 #

Draft opinion
Paragraph 3

3. Reaffirms the need for public and private organisations to establish internal whistle-blowing procedures for ~~their employees~~all persons employed by them, setting out clear confidential routes and providing legal protection for making disclosures;

Amendment 24 #

Martina MICHELS, Curzio MALTESE, Kostas CHRYSOGONOS, Stelios KOULOGLOU

Draft opinion
Paragraph 3

3. Reaffirms the need for public and private organisations to establish internal whistle-blowing procedures for their ~~employe~~current and former employees, including trainees and apprentices, setting out clear and confidential routes for making disclosures;

Amendment 25 #

Draft opinion
Paragraph 3

3. ~~Reaffirms~~Observes that, in the case of whistle-blowers, there is no bilateral conflict between the whistle-blower and the business or authority but polygonal differences of interests, including in some cases across national borders, and that, while efforts should be made to weigh up the entitlement of businesses or authorities to have information kept secret and to expect loyalty, what is at stake is the provision of information in the public interest; reaffirms therefore the need for public and private organisations in the Member States to establish internal and external whistle-blowing procedures for ~~their~~ employees, setting out clear confidential routes for making disclosures; considers that, in this context, the legislature should in advance provide a structure for selecting the whistle-blowing procedure, in order to guarantee comprehensive protection of freedom of expression in accordance with Article 10 of the ECHR;

Amendment 26 #

Draft opinion
Paragraph 3

3. Reaffirms the need for public and private organisations to establish internal whistle-blowing procedures for their employees, setting out clear confidential routes for making disclosures, including external disclosures, informing about their rights to protection against reprisal when reporting misconduct, and providing, where appropriate, confidential legal advice and relevant courses and trainings;

Amendment 27 #

Dietmar KÖSTER, Dennis de JONG

Draft opinion
Paragraph 3

3. Reaffirms the need for public and private organisations to establish internal whistle-blowing procedures for their employees, setting out clear confidential routes for making disclosures; stresses, however, the imperative need for these procedures to strike a balance between cases where there are sound reasons for disclosing information and those where industrial secrets need to be protected;

Amendment 28 #

Draft opinion
Paragraph 3 a (new)

3a. Expresses 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, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help internal and external whistleblowers in using the right channels to disclose their information while protecting their confidentiality and offering needed support and advice;

Amendment 29 #

Draft opinion
Paragraph 3 a (new)

3a. Observes that, without balanced legislation, there is a risk that abuses may destroy the credibility and legitimacy of whistle-blowers, an effect which would be counterproductive in relation to the aims of providing legitimate information to the public;

Amendment 3 #

Draft opinion
Paragraph 1

Amendment 30 #

Martina MICHELS, Curzio MALTESE, Kostas CHRYSOGONOS, Stelios KOULOGLOU

Draft opinion
Paragraph 4

4. Notes that, owing t~~o significant gaps in the~~he absence of such protection ofin the EU, whistle-blowers ~~against retaliation,~~face a lack of adequate legal safeguards from retaliation, but also from intimidation and isolation the obligation to use internal reporting channels can be risky and this can act as a deterrent, restricting both freedom of expression and the public’'s right to access information; stresses that internal reporting procedures should not act as a tool for prohibiting the act of informing the wider public of illegal activities and activities that severely harm the public interest;

Amendment 31 #

Draft opinion
Paragraph 4

4. Notes that, owing to significant gaps in the protection of whistle-blowers against retaliation, the obligation to use internal reporting channels can be risky and act as a deterrent, restricting both freedom of expression and the public’s right to access information; stresses that internal reporting procedures ~~should~~must not act as a tool for prohibiting the act of informing the wider public of illegal activities and activities that severely harm the public interest; stresses that this must apply equally to the use of external whistle-blowing procedures and that accordingly, as laid down in Article 5 of ILO Convention 158 of 22 June 1982, the filing of a complaint, participation in proceedings against an employer or provision of information to a competent authority do not constitute valid reasons for termination of employment;

Amendment 32 #

Draft opinion
Paragraph 4

4. Notes that, owing to significant gaps in the protection of whistle-blowers against retaliation, the obligation to use internal reporting channels can be risky and act as a deterrent, restricting both freedom of expression and the public’s right to access information; stresses that internal reporting procedures should not act as a tool for prohibiting the act of informing the wider public of illegal activities and activities that severely harm the public interest; stresses that internal communication procedures must protect both whistle-blowers and the legitimate interests of businesses;

Amendment 33 #

Draft opinion
Paragraph 4 a (new)

4a. Highlights that whistleblowers act at high personal and professional risk and usually have to pay the costs for it; states that personal data of the whistleblowers should never be published; is therefore of the opinion that measures for the alleviation of those costs and adequate compensation have to be established; states that a new workplace has to be found in order to avoid a deterioration of their living conditions and falling into precariousness; notes that mentally and psychological help must be secured; notes that in court cases the legal fees of the whistleblowers have to be reimbursed;

Amendment 34 #

Dietmar KÖSTER, Silvia COSTA

Draft opinion
Paragraph 4 a (new)

4a. Notes that protected disclosures concern harms or threats to the public interest that have occurred, are occurring at the time of the disclosure, or are likely to occur, and can be made, alternatively or cumulatively, internally within the workplace, or externally, to the competent authorities, parliamentarians and oversight agencies, as well as to trade unions and employers' associations, or to the public through the media, including social media, or non-governmental organisations;

Amendment 35 #

Draft opinion
Paragraph 5

5. Recalls that whistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which ~~evidently severely~~ harm the public interest; stresses that whistle- blowers are an important source of information for investigative journalism, and calls on the Member States to ensure that the right of journalists not to reveal a source’'s identity is effectively and legally protected; stresses that journalists, in case that they themselves are the source, should be protected and that authorities in both cases should refrain from using surveillance ~~in order to ascertain their sources.~~;

Amendment 36 #

Martina MICHELS, Curzio MALTESE, Kostas CHRYSOGONOS, Stelios KOULOGLOU

Draft opinion
Paragraph 5

5. Recalls that whistle-blowing is ~~linked to~~essential for freedom of the press and is essential in bringing to light illegal activities or activities which evidently severely harm the public interest; stresses that whistle-blowers are an important source of information for investigative journalism, and calls on the Member States to ensure that the right of journalists not to reveal a source’s identity is effectively protected and that authorities refrain from using surveillance in order to ascertain their sources.; observes in this context that the European Court of Human Rights has held, in its case-law, that protection of journalists' sources is not a privilege but a vital component of a free press.1a _________________ 1a European Court of Human Rights, judgment of 27.11.2007, 20477/05, Tillack v Belgium

Amendment 37 #

Draft opinion
Paragraph 5

5. Recalls that whistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which evidently severely harm the public interest; stresses that whistle-blowers are an important source of information for investigative journalism, and that journalists can be subject to legal prosecution rather than legal protection when, acting in the public interest, they disclose information or report suspected misconduct, wrongdoing, fraud or illegal activity; calls on the Member States to ensure that the right of journalists not to reveal a source’'s identity is effectively protected and that authorities refrain from using surveillance in order to ascertain their sources.

Amendment 38 #

Draft opinion
Paragraph 5

5. Recalls that whistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which evidently severely harm the public interest; stresses that whistle-blowers are an important source of information for investigative journalism, and calls on the Member States to ensure that the right of journalists not to reveal a source’s identity is effectively protected, without prejudice to potential national legal proceedings which may follow the disclosure of information by the whistle-blower, and that authorities refrain from using surveillance in order to ascertain their sources.

Amendment 39 #

Draft opinion
Paragraph 5

5. Recalls that whistle-blowing is linked to freedom of expression, among others via the press and is essential in bringing to light illegal activities or activities which evidently severely harm the public interest; stresses that whistle- blowers are an important source of information for investigative journalism, and calls on the Member States to ensure that the right of journalists not to reveal a source’s identity is effectively protected and that authorities refrain from using surveillance in order to ascertain their sources.

Amendment 4 #

Draft opinion
Paragraph 1

1. Is of the opinion that since the effectiveness of the whistle-blowing environment is affected by cultural values, implementing an identical mechanism in all Member States may result in dysfunctional behaviour and needless costs, and that any measures taken should therefore be tailored to fit national contexts; stresses, however, that existing cultural differences do not detract from the need for legal protection of whistle-blowers in Member States; Stresses that whistleblowing is an important means of bringing to light otherwise secret information like revealing misconduct, wrongdoing or illegal activity, provided by Union or national law; notes that whistleblowing is not to be confused with denunciation; is of the opinion that whistleblowers are essential for the purpose of protecting the public interest, for ensuring transparency, for the fight against organised crime and tax evasion and tax avoidance, and that they are an essential pillar of the EU- strategy against corruption and for ensuring that companies and governments are called to account;

Amendment 40 #

Martina MICHELS, Liadh NÍ RIADA, Curzio MALTESE, Kostas CHRYSOGONOS, Stelios KOULOGLOU

Draft opinion
Paragraph 5 a (new)

5a. Is of the opinion that the EU institutions should serve as a role-model with regard to whistleblowing policy; expresses concern that a large number of EU agencies still have not implemented the 2012 guidelines on whistleblowing and that findings from a 2015 survey showed low awareness of the rules amongst the Commission staff; calls on the Commission to ensure that the guidelines are implemented in the agencies and that staff is adequately familiar with them and encourages the Commission to insert a standard clause in contracts and grant agreements requiring beneficiaries and persons working for these beneficiaries to report serious irregularities to OLAF.

Amendment 41 #

Michaela ŠOJDROVÁ

Draft opinion
Paragraph 5 a (new)

5a. Encourages those Member States that have not yet adopted legislation on whistleblowing to do so in the foreseeable future and calls on the Commission to consider creating a platform for exchanging best practices in this area between Member States, and also including third countries;

Amendment 42 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission to set up a framework for a common European legislation to protect whistle-blowers, witnesses and persons who cooperate with the judicial process that includes the establishment of a specific fund aimed at giving protection to the person lodging the complaint, in order to support legal fees, medical bills, psycho-social counselling as well as a resettlement programme; considers that whistleblowing and filing of complaints generally cause the loss of job, impair personal respect and family life or deeply worsen the working conditions;

Amendment 43 #

Dietmar KÖSTER, Dennis de JONG

Draft opinion
Paragraph 5 a (new)

5a. Calls on the EU institutions, in cooperation with all relevant national authorities, to introduce and take all necessary measures to protect the anonymity and confidentiality of the information sources in order to prevent any discriminatory actions or threats;

Amendment 44 #

Michaela ŠOJDROVÁ

Draft opinion
Paragraph 5 b (new)

5b. Calls on the EU institutions to implement or improve internal mechanisms in order to protect potential whistle-blowers from inside their organisation;

Amendment 5 #

Martina MICHELS, Liadh NÍ RIADA, Curzio MALTESE, Kostas CHRYSOGONOS, Stelios KOULOGLOU

Draft opinion
Paragraph 1

1. Is of the opinion that since the effectiveness of the whistle-blowing environment is affected by cultural values, implementing an identical mechanism in all Member States may result in dysfunctional behaviour and needless costs, and that any measures taken should therefore be tailored to fit national contextTakes 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 results they deliver are not satisfactory across the EU and their capacity and efficiency should be improved; calls, therefore, on the Member States to enforce anti-corruption rules and, at the same time, to properly implement European and international standards and guidelines concerning whistle-blowers' protection in their national laws; insists that whistle-blowers play an essential role in helping Member States and EU institutions and bodies to deter and prevent any breaches of the principle of integrity and misuse of power that threaten public health and safety, financial integrity, human rights, the environment and the rule of law at European and national levels, and undermine the trust of citizens in democratic institutions and processes; notes that whistle-blowers often disclose scandals affecting several Member States; stresses~~, however,~~ therefore that existing cultural differences do not detract from the need for legal protection of whistle-blowers in Member States;

Amendment 6 #

Jana TOOM

Draft opinion
Paragraph 1

Amendment 7 #

Draft opinion
Paragraph 1

Amendment 8 #

Draft opinion
Paragraph 1

1. Is of the opinion that since the effectiveness of the whistle-blowing environment is affected by varying legal bases, but also by cultural values, implementing an identical mechanism in all Member States may result in dysfunctional behaviour and needless costs, and that any measures taken should therefore be tailored to fit national contexts; stresses, however, that existing cultural differences do not detract from the need for legal protection of whistle- blowers in Member States;

Amendment 9 #

Draft opinion
Paragraph 1 a (new)

1a. Believes that Articles 151 and 153 (2) (b) TFEU provide a clear basis for EU legislative action to empower employees to report wrongdoing in a framework of legal certainty, a common minimum level of protection for workers throughout the Union and help to protect and defend the public interest in the EU and beyond, while also leaving a degree of freedom to the Member States to afford higher levels of protections should they wish;

source: 602.859

2017/04/27 EMPL 99 amendments...

Amendment 1 #

Draft opinion
Recital A

A. whereas ~~the role of~~ whistle-blowers i~~s to help in~~n both the public and private sector are key actors for transparency and the rule of law by reporting, remedying, deterring and preventing wrongdoing and corruption, thus contributing to the promotion of human rights, the rule of law, transparency and democratic accountability as well as workers' rights; whereas often whistle-blowers are employees bound by a working relationship and dependent on their salary as means of living income;

Amendment 10 #

Draft opinion
Recital C

C. whereas recent mass leaks revealing corruption, such as the Panama Papers affair or the avoidance of rules on labour law leading in certain cases to precarious employment, ~~confirm~~have highlighted the imp~~ortance~~act of the role played by whistle- blowers in defending the public interest;

Amendment 11 #

Draft opinion
Recital C

C. whereas recent mass leaks revealing corruption, such as the Panama Papers affair or the avoidance of rules on labour law leading in certain cases to ~~precarious~~illegal employment, confirm the importance of the role played by whistle- blowers in defending the public interest;

Amendment 12 #

Draft opinion
Recital C

C. whereas recent mass leaks revealing corruption, such as the Panama Papers affair or the avoidance of rules on labour law leading in certain cases to precarious employment, and leaks on large scale illegal mass surveillance by whistle-blower Edward Snowden, to name but a few, confirm the importance of the role played by whistle- blowers in defending the public interest;

Amendment 13 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI, Laura FERRARA

Draft opinion
Recital C

C. whereas recent mass leaks revealing corruption, such as the Panama Papers and SwissLeaks affairs, or the avoidance of rules on labour law leading in certain cases to precarious employment, confirm the importance of the role played by whistle- blowers in defending the public interest;

Amendment 14 #

Draft opinion
Recital C

C. whereas recent mass leaks revealing corruption, such as the Panama Papers affair or the avoidance of rules on labour law leading in certain cases to precarious employment, confirm the importance of the role played by whistle- blowers in defending the public interest; whereas there is yet no sufficient protection or recognition of whistle- blowers in Europe;

Amendment 15 #

Draft opinion
Recital D

D. whereas ~~concerns have often been raised that~~some take a negative view of whistle-blower courage, as a result of which whistle-blowers face hostility and exclusion at their place of work~~, ra~~ and as such put their ~~than being viewed positively~~career and livelihood at risk in the public interest and out a sense of moral obligation;

Amendment 16 #

Draft opinion
Recital D

D. whereas concerns have often been raised that whistle-blowers, but often also their family members and colleagues, face hostility, harassment and exclusion at their place of work frequently making it extremely difficult for them to find another employment, rather than being viewed positively;

Amendment 17 #

Draft opinion
Recital D

D. whereas serious concerns have ~~often~~ been raised that whistle-blowers can face hostility and exclusion at their place of work, rather than being viewed positively; whereas fears of retaliation can result in a chilling effect on whistle-blowers thereby endangering the public interest;

Amendment 18 #

Draft opinion
Recital D

D. whereas concerns have often been raised that whistle-blowers could face hostility and exclusion at their place of work, rather than being viewed positively;

Amendment 19 #

Draft opinion
Recital D

D. whereas concerns have often been raised that whistle-blowers face hostility and exclusion at their place of work, rather than being viewed positively; whereas workplaces need to cultivate a working environment within which people feel confident in raising concerns about potential failings, misconduct, or illegality; whereas fostering the right culture where people feel able to raise issues without the fear of "whistle-blower reprisal" or fear of retaliation or being disadvantaged in some way, whether within their current role or with a future employer is extremely important;

Amendment 2 #

Draft opinion
Recital A

A. whereas the role of whistle-blowers is to help in deterring and preventing wrongdoing, unethical practices and corruption, thus contributing to the promotion of the rule of law, transparency and democratic accountability; whereas whistle-blowing is one of the most important tools leading to the detection and prevention of fraud and corruption in public administration and private companies, which can lead to considerable savings of public funds, ensuring safety and even saving lives; whereas the contribution of whistleblowers in exposing and preventing corruption is undeniable;

Amendment 20 #

Draft opinion
Recital D

D. whereas concerns have often been raised that whistle-blowers face hostility and exclusion at their place of work, rather than being viewed positively; whereas whistleblowing is acknowledged as one of the most, if not the most, effective way of stopping wrongdoing and illegality;

Amendment 21 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI, Laura FERRARA

Draft opinion
Recital D

D. whereas concerns have often been raised that whistle-blowers face hostility and exclusion at their place of work, rather than being viewed positively, and are subjected not only to harassment but also to intimidation up to and including threats to their life;

Amendment 22 #

Draft opinion
Recital E

E. whereas the only objective of whistle- blowing that matters should be the reporting of acts that represent a threat to the public interest or a breach of law or any other wrongdoing or misconduct;

Amendment 23 #

Draft opinion
Recital E

E. whereas the objective of whistle- blowing should be the reporting of acts that represent a threat to the public interest or a possible breach of law;

Amendment 24 #

Draft opinion
Recital E

E. whereas the objective of whistle- blowing should be the reporting of acts or omissions that represent a threat to the public interest or a breach of law;

Amendment 25 #

Draft opinion
Recital E

E. whereas the objective of whistle- blowing should be the reporting of acts that represent a threat to the public interest or a breach of law; whereas whistleblowers can also make disclosures, alternatively or cumulatively, internally within the workplace, or externally, to the competent authorities, parliamentarians and oversight agencies, as well as to trade unions and employers' associations, or to the public through the media, including social media, or non-governmental organisations; whereas those who come forward as whistleblowers should not be attacked for the methods they use, rather they should be commended for coming forward;

Amendment 26 #

Draft opinion
Recital E a (new)

Ea. whereas whistle-blowers should not bear the burden of proof and whistle- blowers disclosing inaccurate information in honest error should still be protected;

Amendment 27 #

Draft opinion
Recital F

~~F. whereas some Member States already have laws that protect whistle- blowers, but others do not, which limits the protection of whistle-blowers across the EU;~~deleted

Amendment 28 #

Draft opinion
Recital F

F. whereas s~~ome Member States already ha~~ignificant legal gaps and weaknesses in whistle-blower protection within a number of Member States results in an uneven l~~aws that~~evel of protection of whistle- blowers~~, but others do not, which limits the protection of whistle-blow~~ across the EU; whereas this is particularly significant where therse are cross ~~the EU;~~ -border or EU-wide implications;

Amendment 29 #

Draft opinion
Recital F

F. whereas some Member States already have laws that protect whistle- blowers, but others do not, which limits the protection of whistle-blowers across the EU and creates uneven protection across the Union as well as legal uncertainty;

Amendment 3 #

Draft opinion
Recital A

A. whereas ~~the role of~~ whistle-blowers ~~is to help in deterring and preventing~~help to disclose or report acts or omissions which could harm the public interest as well as to deter future wrongdoing and corruption, thus contributing to the promotion of the rule of law, freedom of expression, transparency and democratic accountability;

Amendment 30 #

Draft opinion
Recital F a (new)

Fa. whereas the existence of a legal framework does not always guarantee proper implementation and effectiveness, therefore ensuring compliance with the existing legislation by Member States is indispensable;

Amendment 31 #

Draft opinion
Recital G

G. whereas corruption is one of the most serious problems facing the world today, as it can ~~hamper a state’s ability to deliver inclusive economic growth in various fields~~result in governmental failure to protect the population, workers, the rule of law and the economy as well as a deterioration of public institutions and services, and thus lead to a loss of trust in democracy;

Amendment 32 #

Guillaume BALAS, Edouard MARTIN, Miapetra KUMPULA-NATRI, Marita ULVSKOG

Draft opinion
Recital G

G. whereas corruption is ~~one of the most~~a serious problems facing the ~~world~~European Union today, as it can hamper ~~a s~~Member State’s' ability to deliver inclusive economic growth ~~in various fields;~~and competitiveness; whereas corruption is estimated to cost the EU economy €120 billion annually or 1% of EU GDP1a; __________________ 1ahttps://ec.europa.eu/home-affairs/what- we-do/policies/organized-crime-and- human-trafficking/corruption_en

Amendment 33 #

Draft opinion
Recital G

G. whereas corruption is one of the most serious problems facing the world today, as it can hamper a state’s ability to ~~deliver inclusive economic growth in various fields~~ensure the protection of the general interest and the promotion of the rule of law, transparency and democratic accountability;

Amendment 34 #

Draft opinion
Recital G

G. whereas corruption is ~~one of the most~~a serious problem~~s facing~~ around the world ~~today~~, as it can hamper a state’s ability to deliver inclusive economic growth in various fields;

Amendment 35 #

Draft opinion
Recital G

G. whereas corruption ~~is on~~and tax evasion, but also the circumventing of industrial safety, health, environmental and codetermination standards, constitute some of the most serious problems facing the world today, as ithey can hamper a state’s ability to deliver inclusive economic growth in various fields;

Amendment 36 #

Draft opinion
Recital G

G. whereas corruption is one of the most serious problems facing the world today, as it can hamper a state’'s ability to deliver inclusive economic growth in various fields, thus leading to unemployment, growing inequalities, untrustworthy investment environment and stagnant development;

Amendment 37 #

Draft opinion
Recital G a (new)

Ga. whereas corruption is a very deep- seated problem in many Member States, and in some lies at the root of a fully- fledged informal economy;

Amendment 38 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Laura FERRARA, Marco VALLI

Draft opinion
Recital G a (new)

Ga. whereas economic intelligence can be cross-border in scope and whereas whistle-blowers play a major role in bringing to light illegal acts carried out in other countries against national economic interests;

Amendment 39 #

Draft opinion
Recital G b (new)

Gb. whereas the existence of an informal economy means that many Europeans engage in undeclared work and are therefore deprived of social security cover;

Amendment 4 #

Draft opinion
Recital A

A. whereas the role of whistle-blowers ishould be to help in deterring and preventing wrongdoing and corruption, thus contributing to the promotion of ~~the rule of~~compliance with the law, transparency and democratic accountability;

Amendment 40 #

Draft opinion
Recital G c (new)

Gc. whereas the corruption that is at the root of undeclared work places an extremely heavy strain on European social welfare systems;

Amendment 41 #

Draft opinion
Paragraph -1 (new)

-1. whereas whistle-blowers are also of key importance to identify mistakes, challenges or problems within an organisation at an early stage; whereas if this practice is respected, there can be an organisational culture of learning from mistakes; whereas this has in some organisations and Member States led to support for reporting of mistakes and therefore to organisational change;

Amendment 42 #

Draft opinion
Paragraph 1

1. Calls for action to change the public perception of whistle-blowers by highlighting their positive role as an early warning mechanism to prevent abuses and corruption and to ~~enable public scrutiny of state action~~bring to light wrongdoing by companies or governments;

Amendment 43 #

Draft opinion
Paragraph 1

1. Calls for action to change the public perception of whistle-blowers by highlighting their positive role as an early warning mechanism, and as a deterrent to prevent abuses and corruption ands well as an accountability mechanism to enable public scrutiny of state action;

Amendment 44 #

Guillaume BALAS, Jutta STEINRUCK, Edouard MARTIN, Evelyn REGNER, Miapetra KUMPULA-NATRI, Marita ULVSKOG

Draft opinion
Paragraph 1

1. CIs of the opinion that the protection of whistleblowers is essential for the freedom of expression, the plurality of opinions, democracy and freedom; calls for action to change the public perception of whistle-blowers, particularly by politicians and the media, by highlighting their positive role as an early warning mechanism to prevent abuses and corruption and to enable public scrutiny of state action;

Amendment 45 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI, Laura FERRARA

Draft opinion
Paragraph 1

1. Calls for action, including in school and university programmes, to change the public perception of whistle- blowers by highlighting their positive role as an early warning mechanism to prevent abuses and corruption and to enable public scrutiny of state action;

Amendment 46 #

Draft opinion
Paragraph 1

1. Calls for action to change the public perception of whistle-blowers by highlighting their positive role ~~as an early warning mechanism to~~to detect and prevent abuses and corruption and to enable public scrutiny ~~of state action~~;

Amendment 47 #

Guillaume BALAS, Jutta STEINRUCK, Edouard MARTIN, Evelyn REGNER, Miapetra KUMPULA-NATRI, Marita ULVSKOG

Draft opinion
Paragraph 1

1. ~~Calls for actio~~Recommends that action should be taken to change the public perception of whistle-blowers by highlighting their positive role as an early warning mechanism to prevent abuses and corruption and to enable public scrutiny of state action;

Amendment 48 #

Draft opinion
Paragraph 1 a (new)

1a. Welcomes the recommendation of the Council of Europe concerning the scope of a European framework for the protection of whistle-blowers which should cover all individuals working in either the public or private sectors, irrespective of the nature of their working relationship and whether they are paid or not;

Amendment 49 #

Draft opinion
Paragraph 2

2. Calls ~~for measures to protect workers who detect and report wrongdoings in the field of unemployment~~on the Commission to come out with a legislative proposal in order to create a horizontal protection for whistle- blowers at Union level; emphasises that alerts should not be limited to purely illegal activities but should also cover other forms of misconduct or wrongdoing;

Amendment 5 #

Draft opinion
Recital A

A. whereas ~~the role of~~ whistle-blowers ~~is to help in~~play an instrumental role in exposing, deterring and preventing wrongdoing and corruption, thus contributing to the promotion of the rule of law, transparency and democratic accountability within society;

Amendment 50 #

Guillaume BALAS, Jutta STEINRUCK, Edouard MARTIN, Miapetra KUMPULA-NATRI, Marita ULVSKOG

Draft opinion
Paragraph 2

2. ~~Calls for measures to protect workers who detect and report wrongdoings in the field of unemployment~~Observes that, in the case of whistle-blowers, there is no bilateral conflict between the whistle-blower and the business or authority but polygonal differences of interests, including in some cases across national borders, and that, while efforts should be made to weigh up the entitlement of businesses or authorities to have information kept secret and to expect loyalty, what is at stake is the provision of information in the public interest; reaffirms therefore the need for public and private organisations in the Member States to establish internal and external whistle-blowing procedures for employees, setting out clear confidential routes for making disclosures; considers that, in this context, the legislature should in advance provide a structure for selecting the whistle-blowing procedure, in order to guarantee comprehensive protection of freedom of expression in accordance with Article 10 of the ECHR; calls for measures to protect workers who detect and report wrongdoings in all fields, particularly against reprisals, and more so, from reprisals that may come from the police or the state;

Amendment 51 #

Draft opinion
Paragraph 2

2. Calls for measures to protect workers who detect and report cases of wrongdoing~~s in the field of unemployment~~ such as mismanagement, fraud and corruption; stresses the importance of ensuring the anonymity of whistle-blowers and the confidentiality of the process;

Amendment 52 #

Draft opinion
Paragraph 2

2. Calls for measures to protect workers who detect and report ~~wrongdoings in the field of unemployment~~conduct in connection with labour rights, industrial safety standards and codetermination standards that, in good faith, they view as an abuse or wrongdoing;

Amendment 53 #

Draft opinion
Paragraph 2

2. Calls for effective measures to protect w~~ork~~histle-blowers who detect and report wrongdoings in the ~~field of unemployment~~workplace specifically protection from dismissal or other work-related unfair treatment, retaliation and criminal and civil liability;

Amendment 54 #

Draft opinion
Paragraph 2

2. ~~Calls for measures to protect workers who detect and report wrongdoings in the field of unemployment~~Recommends that preventive measures should be taken under labour law to protect workers who detect and report wrongdoings, which run counter to the best interests of society;

Amendment 55 #

Draft opinion
Paragraph 2

2. Calls for measures to protect workers who detect and report wrongdoings ~~in the field of unemployment~~;

Amendment 56 #

Draft opinion
Paragraph 2

2. Calls for measures to protect workers who detect and report wrongdoings in the field of unemployment, including the right to confidentiality;

Amendment 57 #

Draft opinion
Paragraph 2 a (new)

2a. Believes that Articles 151 and 153 (2) (b) TFEU provide a clear basis for EU legislative action to empower employees to report wrongdoing in a framework of legal certainty, to establish common minimum levels of protection for workers throughout the Union and to help to protect and defend the public interest in the EU and beyond, while also leaving a degree of freedom to the Member States to adapt this protection to their domestic legal systems whilst affording higher levels of protections should they wish;

Amendment 58 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI, Laura FERRARA

Draft opinion
Paragraph 2 a (new)

2a. Urges the introduction of effective arrangements for protecting anyone who reports wrongdoing at the workplace, such as harassment, job blackmail, illegal recruitment and dismissal practices, pay discrimination and any other form of law- breaking;

Amendment 59 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI, Laura FERRARA

Draft opinion
Paragraph 2 b (new)

2b. Calls for measures to protect workers to include arrangements for safeguarding people’s anonymity and the confidentiality of information, where appropriate by means of encryption, and penalties for anyone failing to meet their obligations in this area;

Amendment 6 #

Draft opinion
Recital A

A. whereas the role of whistle-blowers is to help in detecting, deterring and preventing wrongdoing ~~and~~, corruption and cases of fraud, thus contributing to the promotion of the rule of law, transparency and democratic accountability;

Amendment 60 #

Guillaume BALAS, Jutta STEINRUCK, Edouard MARTIN, Miapetra KUMPULA-NATRI, Marita ULVSKOG

Draft opinion
Paragraph 3

3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace, and the dampening, threatening and long-term psychologically devastating effects this has on those who may come across wrongdoing; highlights therefore that the definition of "whistle- blower" should be applied to as many different types of workers as possible, including current and former employees as well as trainees, apprentices and others;

Amendment 61 #

Draft opinion
Paragraph 3

3. Points to the dangers of excluding whistle-blow~~ing work~~ers from career progression and of retaliation by colleagues and management at their workplace, and the dampening effect this has on those who may come across wrongdoing; considers that perpetrators of retaliation shall be subject to a regime of professional sanctions and civil penalties;

Amendment 62 #

Draft opinion
Paragraph 3

3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace, in addition to that of losing their jobs, and the dampening effect this has on those who may come across wrongdoing;

Amendment 63 #

Draft opinion
Paragraph 3

Amendment 64 #

Draft opinion
Paragraph 3

3. Points to the dangers to the public interest of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace, and the dampening effect this has on those who may come across wrongdoing;

Amendment 65 #

Draft opinion
Paragraph 3

3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace, and the dampening effect this has on those who may come across wrongdoing; highlights that whistleblowers act at high personal and professional risk and usually pay a personal and professional cost for it; states that personal data of the whistleblowers should never be published; is therefore of the opinion that measures for the alleviation of those costs and adequate compensation have to be established; states that a new workplace has to be found in order to avoid a deterioration of their living conditions and falling into precariousness; notes that mentally and psychological help must be secured; notes that in court cases the legal fees of the whistleblowers should be reimbursed;

Amendment 66 #

Draft opinion
Paragraph 3

3. Points to the dangers of excluding whistle-blowing workers from career progression and of retaliation by colleagues at their workplace even though the whistle-blowers acted in the public interest, and the dampening effect this has on those who may come across wrongdoing;

Amendment 67 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI, Laura FERRARA

Draft opinion
Paragraph 3

Amendment 68 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI, Laura FERRARA

Draft opinion
Paragraph 3 a (new)

3a. Urges the Member States to pass legislation encouraging people to report illegal acts and wrongdoing by establishing an awards system including arrangements for paying whistle-blowers a percentage of any sums recovered by the public or private organisation involved;

Amendment 69 #

Guillaume BALAS, Jutta STEINRUCK, Edouard MARTIN, Miapetra KUMPULA-NATRI, Marita ULVSKOG

Draft opinion
Paragraph 4

4. Recalls the importance of devising instruments to sanction and ban any form of harassment or retaliation, whether this be active dismissal or passive measures such as the blocking of promotion; points out that the employer must demonstrate that any measures taken against a whistle-blower are completely unrelated to the information revealed; reminds that any action taken against colleagues or family members as a result of the disclosure of information should also be prohibited and sanctioned;

Amendment 7 #

Draft opinion
Recital A

A. whereas the role of whistle-blowers is to help in deterring and preventing wrongdoing, such as mismanagement, fraud and corruption, thus contributing to the promotion of the rule of law, transparency and democratic accountability;

Amendment 70 #

Draft opinion
Paragraph 4

4. Recalls the importance of devising instruments to ban any form of retaliation, ~~whether this be~~such as active dismissal ~~or passive measures such as the~~, suspension, demotion, loss of promotion opportunities, punitive transfers and reductions in or deductions of wages, bloack~~ing of promotion~~listing, harassment or other punitive or discriminatory treatment;

Amendment 71 #

Guillaume BALAS, Jutta STEINRUCK, Edouard MARTIN, Evelyn REGNER, Miapetra KUMPULA-NATRI, Marita ULVSKOG

Draft opinion
Paragraph 4

4. Recalls the importance of devising instruments to ban any form of retaliation, ~~whether this be active dismissal or passive measures such as the blocking of promotion~~in the form of harassment, dismissal or other punitive or discriminatory treatment;

Amendment 72 #

Draft opinion
Paragraph 4

4. ~~Recall~~Stresses the importance ofto set up devising instruments at the European level to ban any form of retaliation, whether this be active dismissal ~~or passive measures such as~~, discrimination at the workplace such as retributive transfers, reduced prerogatives or working hours, loss of benefits, or passive measures such as the threat of such actions or the blocking of promotion;

Amendment 73 #

Draft opinion
Paragraph 4

4. Recalls the importance of devising legal instruments to ban any form of retaliation, whether this be active dismissal or passive measures such as the blocking of promotion;

Amendment 74 #

Guillaume BALAS, Jutta STEINRUCK, Edouard MARTIN, Evelyn REGNER, Miapetra KUMPULA-NATRI, Marita ULVSKOG

Draft opinion
Paragraph 4

4. Recalls the importance of devising instruments to ban any form of retaliation, whether this be active dismissal or passive measures such as the blocking of promotion; notes the importance of also ensuring protection for whistleblowers within police forces who may come under extreme pressure and harassment if they come forward with allegations of wrongdoing and illegality;

Amendment 75 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI, Laura FERRARA

Draft opinion
Paragraph 4

4. Recalls the importance of devising instruments to ban any form of retaliation, whether this be active dismissal or passive measures such as the blocking of promotion, and of taking action through the courts wherever this is necessary;

Amendment 76 #

Draft opinion
Paragraph 4 a (new)

4a. Stresses that whistle-blowers and their family members whose lives or safety are in jeopardy must be entitled to receive effective and adequate protection;

Amendment 77 #

Guillaume BALAS, Jutta STEINRUCK, Edouard MARTIN, Evelyn REGNER, Miapetra KUMPULA-NATRI, Marita ULVSKOG

Draft opinion
Paragraph 4 b (new)

4b. Considers that the burden of proof should lie with the employer who must clearly demonstrate that any measures taken against an employee were in no sense connected with a whistle-blower’s disclosure;

Amendment 78 #

Guillaume BALAS, Jutta STEINRUCK, Edouard MARTIN, Evelyn REGNER, Miapetra KUMPULA-NATRI, Marita ULVSKOG

Draft opinion
Paragraph 5

5. ~~Urges employers and the authorities to act on the information reported to them after this has been thoroughly verified, and to address the shortcomings identified;~~ 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 results they deliver are not satisfactory across the EU and their capacity and efficiency should be improved; calls, therefore, on the Member States to enforce anti-corruption rules and, at the same time, to properly implement European and international standards and guidelines concerning whistle-blowers' protection in their national laws; insists that whistle-blowers play an essential role in helping Member States and EU institutions and bodies to deter and prevent any breaches of the principle of integrity and misuse of power that threaten public health and safety, financial integrity, human rights, the environment and the rule of law at European and national levels, and undermine the trust of citizens in democratic institutions and processes; notes that whistle-blowers often disclose scandals affecting several Member States; stresses therefore that existing cultural differences do not detract from the need for legal protection of whistle-blowers in Member States;

Amendment 79 #

Draft opinion
Paragraph 5

5. Urges employers and the authorities to swiftly act on the information reported to them after this has been thoroughly verified, and to address the shortcomings identified; considers that the European framework should encourage reporting or disclosure by individuals for public interest reporting and disclosures; highlights the necessity to ensure: – the establishment of appropriate internal reporting procedures in cooperation with workers' representatives ensuring anonymity and confidentiality; – the reporting to relevant public regulatory bodies, law enforcement agencies and supervisory bodies; – the disclosure of information of public interest to the public, for example to a journalist or an elected representative;

Amendment 8 #

Draft opinion
Recital B

B. whereas the importance of protection of whistleblowers has been recognised by all major international instruments concerning corruption and whistle-blowing standards have been set out by the United Nations Convention against Corruption (UNCAC), Council of Europe Recommendation CM/Rec(2014)7 and the 2009 OECD Anti- Bribery Recommendation;

Amendment 80 #

Draft opinion
Paragraph 5

5. Urges employers and the authorities to act on the information reported to them after this has been ~~thoroughly~~ verified, and to ~~address the shortcomings identified~~inform all necessary people and agencies of any illegality or wrongdoing as a matter of urgency;

Amendment 81 #

Draft opinion
Paragraph 5

5. Urges employers and the authorities to act on the information reported to them ~~after this has been~~including by ensuring that it is thoroughly verified, and toby swiftly addressing the shortcomings identified; emphasises that whistle-blowers should not bear the burden of proof;

Amendment 82 #

Draft opinion
Paragraph 5

5. Urges employers and the authorities to put in place effective channels for reporting and disclosing wrongdoing and to act on the information reported to them after this has been thoroughly verified, and to address the shortcomings identified;

Amendment 83 #

Guillaume BALAS, Edouard MARTIN, Miapetra KUMPULA-NATRI

Draft opinion
Paragraph 5

~~5. Urges employers and the authorities to act on the information reported to them after this has been thoroughly verified, and to address the shortcomings identified;~~(Does not affect the English version.)

Amendment 84 #

Draft opinion
Paragraph 5 a (new)

5a. Points out that the European Ombudsman could serve as the European supervisory body and contact point for whistle-blowers;

Amendment 85 #

Guillaume BALAS, Jutta STEINRUCK, Edouard MARTIN, Evelyn REGNER, Miapetra KUMPULA-NATRI, Marita ULVSKOG

Draft opinion
Paragraph 6

6. Recalls that proper European legislation is needed; ~~enco~~urages ~~Member States to develop legislative instruments that protect those who report justified and proven breaches of conduct to public authorit~~the Commission to propose legislative instruments ensuring effective measures to protect whistle-blowers acting in the public interest when disclosing confidential information of companies and public bodies;

Amendment 86 #

Draft opinion
Paragraph 6

6. Recalls that proper Union legislation is needed; encourages ~~Member States~~the Commission to develop a legislative instruments t~~hat~~o protect those who report ~~justified and proven breaches of conduct~~breaches of conduct or any other wrongdoing to public authorities;

Amendment 87 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI, Laura FERRARA

Draft opinion
Paragraph 6

6. Recalls that proper and effective legislation is needed; encourages Member States to develop legislative instruments that protect those who report justified and proven breaches of conduct to public authorities;

Amendment 88 #

Draft opinion
Paragraph 6

6. Recalls that proper legislation is needed; encourages Member States to develop legislative instruments that protect those who report ~~just~~verified ~~and proven breaches of conduct to~~wrongdoing within organisations or public authorities;

Amendment 89 #

Draft opinion
Paragraph 6

6. Recalls that proper legislation is needed; encourages Member States to develop legislative instruments that protect those who report justified and proven breaches of conduct to public authorities; further believes that EU institutions should serve as a model with regard to whistleblowing policy; calls on the EU institutions to implement or improve internal mechanisms in order to protect potential whistle-blowers from inside their organisation;

Amendment 9 #

Draft opinion
Recital C

C. whereas recent mass leaks revealing corruption, such as the Panama Papers affair ~~or the avoidance of rules~~, but also the many disclosures about the circumventing onf labour law ~~leading in certain cases~~rules and codetermination standards, leading to precarious employment, confirm the importance of the role played by whistle- blowers in defending the public interest;

Amendment 90 #

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Commission to develop instruments focusing on providing protection against unjustified legal prosecutions, economic sanctions and discrimination, and calls in this connection for a general fund to be set up, financed in part from monies recovered or proceeds from fines, to give appropriate financial support to whistle-blowers in the EU whose livelihood is put at risk as a result of disclosures of relevant facts;

Amendment 91 #

Draft opinion
Paragraph 6 a (new)

6a. Believes that thought should be given to taking legislative action at EU level in order to afford whistle-blowers the necessary legal certainty and protection throughout the Union; calls accordingly on the Commission to continue to look for an appropriate legal basis;

Amendment 92 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Marco VALLI, Laura FERRARA

Draft opinion
Paragraph 6 a (new)

6a. Stresses the importance of urging Member States to implement rules protecting whistle-blowers in both the public and the private sectors;

Amendment 93 #

Draft opinion
Paragraph 7

Amendment 94 #

Draft opinion
Paragraph 7

7. Recalls that any future normative framework should take into account the rules, rights and duties that govern and impact on employment; further emphasises that this should be done in consultation with social partners and in compliance with collective bargaining agreements; encourages those Member States that have not yet adopted legislation on whistleblowing to do so in the foreseeable future and calls on the Commission to consider creating a platform for Member States to exchange best practices in this area between, and also including third countries;

Amendment 95 #

Draft opinion
Paragraph 8

8. Recalls that ~~in the event of false accusations, those responsible~~whistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which harm the public interest; stresses that whistle- blowers are an important source of information for investigative journalists, and calls on the Member States to ensure that the right of journalists and identity of whistleblowers should be protected effectively and legally in instances when allegations are proven true; stresses that journalists, in case that they themselves are the source, should be also be protected and that authorities in both cases should refrain from using surveillance; recalls that in the event of false allegations or accusations, journalists and whistleblowers responsible for the dissemination of such falsehoods should be held accountable.

Amendment 96 #

Guillaume BALAS, Jutta STEINRUCK, Edouard MARTIN, Evelyn REGNER, Miapetra KUMPULA-NATRI, Marita ULVSKOG

Draft opinion
Paragraph 8

8. RStresses the importance of establishing a clear definition of ‘whistle- blower’ that includes the stipulation that there must be no ulterior motive behind disclosures; recalls that in the event of false accusations, those responsible should be held accountable.

Amendment 97 #

Draft opinion
Paragraph 8

8. ~~Recall~~Suggests that in the event of ~~false~~ accusations which are deliberately false and were made in bad faith, those responsible should be held accountable.

Amendment 98 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 8

8. Recalls that in the event of false accusations, those responsible should be held accountable; emphasises, however, that whistle-blowers disclosing inaccurate information in honest error should still be protected.

Amendment 99 #

Laura AGEA, Tiziana BEGHIN, Rosa D'AMATO, Laura FERRARA, Marco VALLI

Draft opinion
Paragraph 8 a (new)

8a. Urges the relevant authorities to lay down a best-endeavours obligation in connection with arrangements for receiving and dealing with reports that are put in place by both employers and the authorities themselves.

source: 603.027

2017/06/19 ENVI 103 amendments...

Amendment 1 #

Draft opinion
Paragraph -1 (new)

-1. - having regard to recital 20 and Articles 1 and 5 of Directive (EU) 2016/943 on trade secrets,

Amendment 10 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph -1 i (new)

-1i. - having regard to the inquiry of the office of the European Ombudsman of 2 March 2015 and to its call for the EU institutions to adopt the required rules on whistleblowing,

Amendment 100 #

Draft opinion
Paragraph 9

Amendment 101 #

Draft opinion
Paragraph 9

Amendment 102 #

Draft opinion
Paragraph 9 a (new)

9a. Emphasises the importance of extending legal and psychological assistance, as well as relief measures, as appropriate, to whistleblowers who suffered retaliation further to a public interest report or disclosure and, as a consequence, pursue a valid claim in court.

Amendment 103 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 9 b (new)

9b. Encourages the Commission and the Member States to provide for access to confidential advice to persons who may be considering a public interest report or disclosure, and who will thus be seeking information such as that relating to the rights and responsibilities of whistleblowers, adequate channels, and the possible consequences of their decision.

Amendment 11 #

Draft opinion
Paragraph -1 j (new)

-1j. - having regard to Rule 53 of the Rules of Procedure of the European Parliament,

Amendment 12 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph -1 k (new)

-1k. A. whereas whistleblowers have, on a number of occasions, exposed major dangers, risks or scandals in the areas of the environment, health, food safety or animal welfare;

Amendment 13 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph -1 l (new)

-1l. B. whereas whistleblowers often find themselves fighting a lone battle, in particular against powerful private interests, and face both personal and professional retribution;

Amendment 14 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph -1 m (new)

-1m. C. whereas most EU Member States have ratified the UN Convention against Corruption, which makes it obligatory to provide appropriate and effective protection to whistleblowers;

Amendment 15 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph -1 n (new)

-1n. D. whereas recital 20 and Articles 1 and 5 of Directive (EU) 2016/943 on trade secrets are not enough to guarantee whistleblowers sufficient protection;

Amendment 16 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph -1 o (new)

-1o. D. whereas recital 20 and Articles 1 and 5 of Directive (EU) 2016/943 must be supplemented by more adequate legal instruments which give whistleblowers better protection;

Amendment 17 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph -1 p (new)

-1p. E. whereas Parliament has already expressed the view that whistleblowers must be guaranteed better protection, in particular in its resolution of 14 February 2017 on the role of whistleblowers in the protection of EU’s financial interests (2016/2055(INI));

Amendment 18 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph -1 q (new)

-1q. F. whereas Member States must be free to choose the sanctions they take against any person who reveals certain confidential information relating to national defence or the Member States’ vital interests, even if that information is revealed under the pretext of whistleblowing for the sake of environmental protection, health, food safety or animal welfare;

Amendment 19 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 1

1. Believes that the lack of adequate whistleblower protection may have a negative impact on the implementation of EU policy on environmental protection, public health and food safety, whereas fears of retaliation can result in a chilling effect on whistle blower thereby endangering the public interest;

Amendment 2 #

Draft opinion
Paragraph -1 a (new)

-1a. - having regard to European Parliament resolution of 14 February 2017 on the role of whistleblowers in the protection of EU’s financial interests (2016/2055(INI)),

Amendment 20 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 1

1. Believes that the lack of adequate whistleblower protection ~~may have~~has a negative impact on ~~the implementation of EU policy on~~ environmental protection, public health and food safety;

Amendment 21 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 1

1. Believes that the lack of adequate whistleblower protection may have a negative impact on the implementation of EU policy on environmental protection, public health ~~and~~, food safety and animal welfare;

Amendment 22 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 1

1. Believes that the lack of adequate whistleblower protection ~~may have~~has a negative impact on the development and implementation of EU policy on environmental protection, public health and food safety;

Amendment 23 #

Draft opinion
Paragraph 1

1. Believes that the lack of adequate whistleblower protection ~~may have~~has a negative impact on ~~the implementation of EU policy on~~ environmental protection, public health ~~and~~, food safety and animal welfare;

Amendment 24 #

Draft opinion
Paragraph 1

1. Believes that the lack of adequate whistleblower protection may have a negative impact on ~~the implementation of~~ EU policy on environmental protection, public health and food safety;

Amendment 25 #

Draft opinion
Paragraph 1 a (new)

1a. Takes the view that, even though the importance and value of whistleblowing in the areas of public health, the environment and food safety is now increasingly recognised in the Member States, information and promotional campaigns on whistleblowing are needed at national and European level in order to change attitudes and mentalities;

Amendment 26 #

Draft opinion
Paragraph 2

2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety, and that whistleblower protection will encourage the disclosure of dangers to public health and the environment and improve food safety; most notably, the publication of the study on SARS (severe acute respiratory syndrome) and other hazardous diseases that were threatening millions of people in China, and those which helped to avoid dangers to the environment in the US;

Amendment 27 #

Draft opinion
Paragraph 2

2. Is convinced that whistleblowers ~~play a key r~~are one of the most important tooles in reducing risks to public health, the environment and ~~food~~public safety, and thate whistleblower protection will encourage the disclosure of dangers to public health and the environment and improve the food safety and even save lives;

Amendment 28 #

Nicola CAPUTO

Draft opinion
Paragraph 2

2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety, in deterring and preventing wrongdoing and corruption, and that whistleblower protection will encourage the disclosure of dangers to public health and the environment and improve food safety;

Amendment 29 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 2

2. Is convinced that whistleblowers play a ~~key~~n indispensable role in reducing risks to public health, the environment and food safety, a~~nd that~~reas in which certain risks are hard to control externally, and that increased whistleblower protection will further encourage ~~the disclosure of dangers to public health and the environment and improve food safety~~public interest disclosures related to these areas;

Amendment 3 #

Draft opinion
Paragraph -1 b (new)

-1b. - having regard to the Decision of the European Ombudsman closing her own-initiative inquiry OI/1/2014/PMC concerning whistleblowing,

Amendment 30 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 2

2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety, and that whistleblower protection will encourage the disclosure of dangers ~~to public health and the environment and improve food safety~~, risks or scandals relating to the environment, public health, food safety or animal welfare;

Amendment 31 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 2

2. ~~Is convinced~~Stresses that whistleblowers play a key role in reducing risks to public health, the environment and food safety, and that proper whistleblower protection will encourage the disclosure of dangers, risks and threats to public health and the environment and improve food safety;

Amendment 32 #

Draft opinion
Paragraph 2

Amendment 33 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 2

2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment ~~and~~, food safety and animal welfare, and that whistleblower protection will encourage the disclosure of dangers to public health and the environment and improve food safety;

Amendment 34 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 2

2. Is convinced that whistleblowers play a key role in reducing risks to public health, the environment and food safety, and that whistleblower protection will encourage the disclosure of dangers ~~to public health and the environment and improve~~, risks or scandals of relevance to the environment, public health or food safety;

Amendment 35 #

Draft opinion
Paragraph 2 a (new)

2a. Cautions that inadequate or ineffectively enforced provisions can expose whistleblowers to reprisals with impunity, whilst failing to offer safeguards to the public interest, as the persistence of reprisals against whistleblowers dissuades those in possession of information on wrongdoing from further reporting or disclosure and undermines faith in the applicable legal regime;

Amendment 36 #

Draft opinion
Paragraph 2 a (new)

2a. Recalls recent high-impact cases such as Dieselgate, Nestle and the horsemeat scandals in which environmental, public health or food safety risks have been uncovered where disclosures from whistleblowers were instrumental in the detection of the risk, or where stronger protections of whistleblowers might have led to earlier risk detection and more limited damage;

Amendment 37 #

Draft opinion
Paragraph 2 b (new)

2b. Stresses that key advances in public health, notably in tobacco control, can ultimately be traced back to the release of internal documents by whistleblowers;

Amendment 38 #

Draft opinion
Paragraph 2 c (new)

2c. Draws attention to the fact that environmental, public health and food safety risks rarely stop at borders, meaning that weak or non-existent whistleblower protection in one Member State, which may prevent the timely detection of such risks, puts the health and safety of all EU citizens, as well as their ability to protect the environment, in jeopardy;

Amendment 39 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 2 d (new)

2d. Points out that wildlife trafficking has become one of the world's most profitable forms of organised crime and notes the key role played by whistleblowers who report illegal trafficking, logging, fishing and other crimes against wildlife;

Amendment 4 #

Draft opinion
Paragraph -1 c (new)

-1c. - having regard to Article 9 of the Council of Europe Civil Law Convention on Corruption,

Amendment 40 #

Draft opinion
Paragraph 2 e (new)

2e. Stresses that evidence of violations of EU animal protection and food safety laws on farms and abattoirs relies almost exclusively on whistleblowers as these locations are not accessible to the general public and official controls are usually announced in advance;

Amendment 41 #

Draft opinion
Paragraph 2 f (new)

2f. Recognises that fishing boats are extremely isolated when in operation at sea and that strong protection of whistleblowers is essential to enable them to provide evidence of illegal fishing and other violations of EU law;

Amendment 42 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 2 g (new)

2g. Deplores the fact that regulators, including those monitoring the food chain, are under resourced and thus dependent on whistleblowers for information, and that therefore both increased funding for regulators and effective protection for whistleblowers are essential;

Amendment 43 #

Draft opinion
Paragraph 3

~~3. Stresses that proper legislation in this area will also help to rebuild trust in scientific expertise;~~deleted

Amendment 44 #

Draft opinion
Paragraph 3

3. Stresses that proper legislation in this area will also help to rebuild trust in scientific expertise; Whistle blower legislation encourages those with scientific and technical knowledge to assert the facts which might otherwise remain hidden;

Amendment 45 #

Draft opinion
Paragraph 3

3. Stresses that ~~proper legislation in this area will also help to rebuild trust in scientific expertise~~swift and robust EU legislation to protect whistleblowers will also help to rebuild trust in democratic institutions, to facilitate scientific expertise and debate and to demonstrate the added value of EU action for citizens;

Amendment 46 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 3

3. Stresses that proper legislation in this area and a political consensus that will make it possible to implement efficient measures at both national and European level will also help to rebuild trust in scientific expertise;

Amendment 47 #

Draft opinion
Paragraph 3

3. ~~Stresses that proper legislation in this area will also help to rebuild trust in scientific expertise~~Would make it possible to reveal more easily any conflicts of interest that apply to scientists employed by European Union agencies or other bodies supposed to be independent and neutral;

Amendment 48 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 3

3. Stresses that proper legislation in this area will also help to pre~~build~~serve and consolidate trust in scientific expertise;

Amendment 49 #

Draft opinion
Paragraph 4

Amendment 5 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph -1 d (new)

-1d. - having regard to Article 22 of the Council of Europe Criminal Law Convention on Corruption,

Amendment 50 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 4

4. Deplores the fact that too few Member States have put protection for whistleblowers in place and insists that protection is required at EU level to ensure that whistleblowers are afforded equal legal protection in all Member States; Environmental issues are by their nature transnational and as such legislation must reflect this; whistleblower protection should be afforded across the Union irrespective of where the whistle blower resides and irrespective of where crimes have been committed;

Amendment 51 #

Françoise GROSSETÊTE

Draft opinion
Paragraph 4

4. Deplores the fact that too few Member States have put protection for whistleblowers in place and insists that protection is required at EU level to ensure that whistleblowers are afforded equal legal protection in all Member States, on condition that they have acted in good faith and with the sole aim of protecting the general public interest;

Amendment 52 #

Draft opinion
Paragraph 4

4. ~~Deplores the fact that too few~~Calls on Member States ~~have~~to put protection for whistleblowers in place ~~and insists that protection is required at EU level to ensure that whistleblowers are afforded equal legal protection in all Member States~~;

Amendment 53 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 4

4. Deplores the fact that too few Member States have put protection for whistleblowers in place ~~and insists that protection is required at EU level to ensure that whistleblowers are afforded equal legal protection in all Member States~~;

Amendment 54 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 4

4. Deplores the significant legal gaps and weaknesses of the whistleblower protection within the Member States and the fact that too few 4. Member States have put protection for whistleblowers in place and insists that protection is required at EU level to ensure that whistleblowers are afforded equal ~~legal~~ protection in all Member States;

Amendment 55 #

Draft opinion
Paragraph 4

4. ~~Deplores the fact that too few~~Calls on Member States ~~have~~to put protection for whistleblowers in place and insists that protection is required at EU level ~~to ensure that~~for whistleblowers ~~are afforded equal legal protection in all Member Stat~~from the European Union agencies;

Amendment 56 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 4

4. Deplores the fact that too few Member States have put protection for whistleblowers in place and insists that protection is required at EU level ~~to ensure that whistleblowers are afforded equal legal protection in all Member States~~with a view to ensuring full legal protection for whistleblowers that is equal in all Member States, as well as the proper and independent continuation of this process following a referral;

Amendment 57 #

Draft opinion
Paragraph 4

4. Deplores the fact that too few Member States have put protection for whistleblowers in place and insists that protection is required at EU level ~~to ensure that~~for whistleblowers ~~are afforded equal legal protection in all Member Stat~~from the European Union agencies;

Amendment 58 #

Draft opinion
Paragraph 4 a (new)

4a. Notes that some provisions to protect whistleblowers in EU law are already in existence, but that these provisions are often limited in scope or scattered across different laws, leaving loopholes and gaps;

Amendment 59 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 4 a (new)

4a. Asks for the Commission’s support in encouraging Member States to create efficient and effective whistleblower protection mechanisms;

Amendment 6 #

Draft opinion
Paragraph -1 e (new)

-1e. - having regard to Council of Europe recommendation CM/Rec(2014)7 on the protection of whistleblowers,

Amendment 60 #

Draft opinion
Paragraph 5

5. Urges the Commission to put forward a proposal for a whistleblower protection directive or any other EU instrument to the same effect; stresses the need for a horizontal legal instrument, given the inadequacies and failings of sectorial approaches for that purpose, such as that taken in Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure;

Amendment 61 #

Draft opinion
Paragraph 5

5. Urges the Commission to put forward a proposal without delay for a whistleblower protection directive or any other EU instrument to the same effect; urges the Commission to take stock of the results of its public consultation and to move forward to draft legislation in the coming months;

Amendment 62 #

Nicola CAPUTO

Draft opinion
Paragraph 5

5. Urges the Commission to put forward a proposal for a whistleblower protection directive or any other EU instrument to the same effect; encourages Member States to develop legislative instruments that protect those who report justified and proven breaches of conduct to public authorities;

Amendment 63 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 5

5. Urges the Commission to put forward a proposal for a ~~whistleblower protection directive or any other EU instrument to the same effect~~horizontal directive that puts in place robust common minimum standards in the EU for whistleblower protection and which builds on the Treaty provisions regarding environmental protection, public health and consumer protection;

Amendment 64 #

Draft opinion
Paragraph 5

5. Urges the Commission to put forward a proposal for a whistleblower protection directive, particularly for whistleblowers from the European Union agencies, or any other EU instrument to the same effect;

Amendment 65 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 5

5. Urges the Commission to put forward a proposal for a whistleblower protection directive ~~or any other EU instrument to the same effect~~;

Amendment 66 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 5

5. Urges the Commission to put forward a proposal for a whistleblower protection directive ~~or any other EU instrument to the same effect~~, particularly for whistleblowers from the European Union agencies;

Amendment 67 #

Draft opinion
Paragraph 5 a (new)

5a. Urges the Commission to consider carrying out further horizontal and sectoral actions at EU level, in line with the subsidiarity principle, with a view to consolidating and promoting whistleblower protection;

Amendment 68 #

Draft opinion
Paragraph 5 a (new)

5a. Suggests that EU agencies adopt a written policy on protection from reprisals for people reporting irregularities, as well as whistleblowers;

Amendment 69 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 5 b (new)

5b. Points out that in most cases the work of whistleblowers is based on the principles of transparency and integrity; the protection of whistleblowers should therefore be guaranteed by law and reinforced throughout the Union, but only if the purpose of their action is to protect the public interest by acting in good faith in accordance with the jurisprudence of the European Court of Human Rights;

Amendment 7 #

Draft opinion
Paragraph -1 f (new)

-1f. - 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 #

Draft opinion
Paragraph 5 b (new)

5b. Urges the Commission to monitor Member States’ provisions on whistleblowers with a view to facilitating the exchange of best practice, which will help to ensure more efficient protection for whistleblowers at national level;

Amendment 71 #

Draft opinion
Paragraph 6

6. Stresses that ~~environmental crimes, which may result in health and food issues, should fall within the scope of any EU instrument protecting whistleblowers~~the reporting or disclosure of information pertaining to risks, misconduct and crimes, as well as any attempts to conceal them, which may result in environmental damage, health and food integrity and safety issues, among other forms of wrongdoing, such as the mismanagement of public land and property, should fall within the scope of any EU instrument protecting whistleblowers, irrespective of whether they amount to a breach of the law, further to a reasonable belief that the disclosure is made in the public interest;

Amendment 72 #

Draft opinion
Paragraph 6

6. Stresses that environmental crimes, which may result in health and food issues, should fall within the scope of any EU instrument protecting whistleblowers particularly when there are cross-border or EU-wide implications;

Amendment 73 #

Draft opinion
Paragraph 6

6. Stresses that disclosures on environmental crimes, and other threats to the public interest which may result in health and food ris~~sues~~ks, including in relation to emerging technologies for which the long-term environmental and health effects are still unknown, should fall within the scope of any EU instrument protecting whistleblowers;

Amendment 74 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 6

6. Stresses that whistleblowers help to uncover environmental crimes, which may result in public health and food safety issues, ~~should fall within the scope of any EU instrument protecting whistleblowers~~and they should benefit from protection instruments in these areas throughout the Union;

Amendment 75 #

Draft opinion
Paragraph 6

6. Stresses that environmental crimes or crimes against animal welfare, which may result in health and food issues, should fall within the scope of any EU instrument protecting whistleblowers;

Amendment 76 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 6

6. Stresses that environmental crimes, which may result in health and food issues, should fall within the scope of ~~any EU instrument~~the proposal for a directive protecting whistleblowers;

Amendment 77 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 6

6. Stresses that damage to the environment~~al crimes~~, which may result in health and food issues, should fall within the scope of any EU instrument protecting whistleblowers;

Amendment 78 #

Draft opinion
Paragraph 6 a (new)

6a. Emphasises the importance of open organisational cultures and of the existence of multiple, protected channels for voluntary reporting of information, internally and externally, in order to prevent harm to the environment, human health and the food chain, which is also in the best interests of the organisations themselves;

Amendment 79 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 7

7. Highlights the fact that EU whistleblower protection legislation must be comprehensive and fast-acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action; underlines that effective whistleblower protection is essential to guarantee the right to free speech and freedom of information, and that conflicting norms governing matters of secrecy and confidentiality should be reviewed in line with European human rights jurisprudence, so as to ensure that such exceptions are necessary and proportionate;

Amendment 8 #

Draft opinion
Paragraph -1 g (new)

-1g. - having regard to the OECD publication on ‘Committing to effective whistleblower protection’,

Amendment 80 #

Draft opinion
Paragraph 7

7. Highlights the fact that EU whistleblower protection legislation must ~~be comprehensive and fast-acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action;~~ protect the whistleblower and where appropriate his or her relatives from any kind of retaliatory action; points out in this regard that the EU institutions, in cooperation with all relevant national authorities, should introduce and take all necessary measures to protect the confidentiality of information sources in order to prevent any discriminatory actions or threats;

Amendment 81 #

Draft opinion
Paragraph 7

Amendment 82 #

Nicola CAPUTO

Draft opinion
Paragraph 7

7. Highlights the fact that EU whistleblower protection legislation must be comprehensive and fast-acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action; calls on the Commission to ensure that whistle-blowers have access to independent legal advice and financial and psychological support;

Amendment 83 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 7

7. Highlights the fact that EU whistleblower protection legislation must be comprehensive ~~and~~, wide in scope, fast- acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action and from civil, criminal or administrative procedures arising from the procedure;

Amendment 84 #

Draft opinion
Paragraph 7

Amendment 85 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 7

7. Highlights the fact that EU ~~whistleblower protection legislation~~legislation concerning the protection of whistleblowers from the European Union agencies must be comprehensive and fast- acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action;

Amendment 86 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 7

7. Highlights the fact that EU whistleblower protection legislation must be ~~comprehensive and~~ fast-acting and must protect the whistleblower and his or her colleagues and relatives from any kind of retaliatory action;

Amendment 87 #

Françoise GROSSETÊTE

Draft opinion
Paragraph 7 a (new)

7a. Calls on Member States and the Commission to draw up a strict legal framework which will enable businesses to establish internal whistleblower systems, properly defining the concept of a reasonable period for a reply from the undertaking, and ensuring that these systems comply with social legislation and the law protecting personal data;

Amendment 88 #

Draft opinion
Paragraph 7 a (new)

7a. Highlights the need for legal certainty regarding the protective provisions afforded to whistleblowers, as a continued lack of clarity and a fragmented approach deters potential whistleblowers from coming forward, and is detrimental to their employers, especially in the case of businesses that operate in multiple jurisdictions or sectors;

Amendment 89 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 7 a (new)

7a. Stresses the important role of investigative journalism and calls on the Commission to ensure that its proposal offers the same level of protection to both investigative journalists and whistleblowers;

Amendment 9 #

Draft opinion
Paragraph -1 h (new)

-1h. - having regard to Articles 8, 13 and 33 of the United Nations Convention Against Corruption,

Amendment 90 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 7 b (new)

7b. Highlights the fact that whistleblower protection is essential in order to protect the public interest and promote a culture of public accountability and integrity in both public and private institutions;

Amendment 91 #

Draft opinion
Paragraph 8

~~8. Stresses that the definition of a whistleblower should not be narrow or restricted to certain fields, and that whistleblowers in the public and private sectors should be afforded equal protection;~~deleted

Amendment 92 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 8

8. Stresses that the definition of a whistleblower should not be narrow or restricted to certain fields, work contract status or the legal character of the acts or information reported or disclosed, and that whistleblowers in the public and private sectors should be afforded equal protection and not bound by any contractual obligation preventing reports or disclosures when these are in the public interest, notwithstanding any necessary restrictions such as those framed by the Global Principles on National Security and the Right to Information;

Amendment 93 #

Draft opinion
Paragraph 8

8. Stresses that ~~the definition of a whistleblower should not be narrow or restricted to certain fields, and that whistleblowers in the public and private sectors should be afforded equal protection~~it is vital to exclude from the scope of the directive certain confidential information directly or indirectly linked to the vital interests of the Member States, because inciting citizens to disclose such information would not be in the general interest;

Amendment 94 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 8

8. Stresses that the EU whistle blower protection legislation should be horizontal and that the definition of a whistleblower should not be narrow or restricted to certain fields, and that whistleblowers in the public and private sectors should be afforded equal protection;

Amendment 95 #

Draft opinion
Paragraph 8

8. Stresses that the definition of a whistleblower ~~should not be narrow or restricted to certain fields, and that whistleblowers in the public and private sectors should be afforded equal protection~~must clearly exclude people working in fields directly or indirectly linked to national defence or to the vital interests of the Member States;

Amendment 96 #

Draft opinion
Paragraph 8 a (new)

8a. Emphasises that protection is needed not just for internal disclosures made through designated channels within the workplace or disclosures to public authorities or oversight bodies, but - taking into account the relevant case law of the European Court of Human Rights - also external disclosures made to the general public, via the media or otherwise;

Amendment 97 #

Mireille D'ORNANO, Sylvie GODDYN, Jean-François JALKH

Draft opinion
Paragraph 8 a (new)

8a. Encourages the Member States to develop benchmarks and indicators on whistleblower policies in both the public and private sector;

Amendment 98 #

Draft opinion
Paragraph 9

Amendment 99 #

Draft opinion
Paragraph 9

9. Points out that EU legislation should establish a clear procedure for handling disclosures from start to finish to ensure proper follow-through on the actions taken by whistleblowers, from report submission and processing to ensuring whistleblower protection; Stresses the importance of explicitly empowering competent authorities, regulatory and law enforcement bodies with the responsibility to maintain reporting channels, receive, handle and investigate suspected malpractice, whilst safeguarding the confidentiality of the source, where applicable, and the rights of the affected parties.

source: 606.158

2017/06/28 CONT 40 amendments...

Amendment 1 #

Draft opinion
Recital A

A. whereas whistle-blowers play an important and sometimes even crucial role in reporting irregularities, illegalities, fraud, corruption and other wrongdoing or breaches of the rule of law at European and national level both in the public and the private sectors;

Amendment 10 #

Draft opinion
Recital C a (new)

Ca. whereas an increasing number of economic fraud investigations may be of a cross-border nature, with whistle-blowers playing a major role key role in revealing what lies behind illegal acts perpetrated from without and detrimental to national economic interests;

Amendment 11 #

Draft opinion
Paragraph –1 (new)

-1. Believes that the lack of adequate whistleblower protection has a negative impact on the protection of the EU's financial interest;

Amendment 12 #

Draft opinion
Paragraph 1

1. Calls on the Commission and Member States to take all necessary steps to implement the resolution on the role of whistle-blowers in the protection of EU’s financial interests and, in particular, to submit legislative proposals aimed at establishing a ~~minimum~~nd ensuring an adequate level of protection for ~~European whistle-blowers and~~whistleblowers, as set out in Article 33 of the UN Convention against Corruption, which clearly lays down the rights and responsibilities of people reporting wrongdoing, and to establish an effective and comprehensive European whistle- blower protection programme;

Amendment 13 #

Julia PITERA

Draft opinion
Paragraph 1

1. Calls on the Commission to take all necessary steps to implement without any further delay the resolution on the role of whistle-blowers in the protection of EU’s financial interests and, in particular, to submit legislative proposals aimed at establishing a minimum level of protection for European whistle- blowers and an effective and comprehensive European whistle-blower protection programme;

Amendment 14 #

Draft opinion
Paragraph 1

1. Calls on the Commission to take all necessary steps to implement the resolution on the role of whistle-blowers in the protection of EU’s financial interests and, in particular, to submit legislative proposals aimed at establishing a minimum level of protection for European whistle- blowers with a horizontal approach and an effective and comprehensive European whistle-blower protection programme;

Amendment 15 #

Draft opinion
Paragraph 1

1. Calls on the Commission to take all necessary steps to implement the resolution on the role of whistle-blowers in the protection of EU’s financial interests and, in particular, to submit legislative proposals aimed at establishing a minimum level of protection across the Union for European whistle- blowers and an effective and comprehensive European whistle- blower protection programme;

Amendment 16 #

Draft opinion
Paragraph 1

1. ~~Calls on~~Urges the Commission to take all necessary steps to implement the resolution on the role of whistle-blowers in the protection of EU’s financial interests and, in particular, to submit legislative proposals aimed at establishing a minimum level of protection for European whistle- blowers and an effective and comprehensive European whistle-blower protection programme;

Amendment 17 #

Draft opinion
Paragraph 1 a (new)

1 a. Notes that only a few Member States have introduced sufficiently advanced whistleblower protection systems, notwithstanding the essential need of whistleblower protection in the prevention of, and fight against, corruption, and despite the fact that whistleblower protection is recommended in Article 33 of the UN Convention against Corruption;calls on those Member States which have not yet adopted the principles to protect whistle- blowers in their domestic law, to do so as soon as possible;

Amendment 18 #

Draft opinion
Paragraph 1 a (new)

1 a. Calls on the Commission to put forward a definition of whistle-blowers which covers as many cases as possible.

Amendment 19 #

Draft opinion
Paragraph 2

2. Notes that, although the focus of the resolution adopted by Parliament is on whistle-blowers in the context of the financial interests of the EU, many of the proposed measures ~~can~~should also apply to whistle-blowers in a broader sense, including, but not limited to, environmental protection, workers' rights, consumer protection;

Amendment 2 #

Draft opinion
Recital A

A. whereas whistle-blowers play an important and sometimes even crucial role in pre~~port~~venting, detecting and disclosing irregularities, illegalities, fraud, corruption and other breaches of the rule of law at European and national level;

Amendment 20 #

Draft opinion
Paragraph 2

2. Notes that, although the focus of the resolution adopted by Parliament is on whistle-blowers in the context of the financial interests of the EU, many of the proposed measures can also apply to whistle-blowers in a broader sense; stresses the contribution made by investigative journalists and considers that the protection afforded to whistle-blowers should also be extended to them;

Amendment 21 #

Draft opinion
Paragraph 3 a (new)

3a. Calls on the Commission to include in its proposal a recommendation that every report of fraud be referred automatically to the relevant court with a view to launching an external investigation, to lay down penalties for the victimisation of whistle-blowers, whatever form it may take, and to provide for a financial reward for those reporting wrongdoing or irregularities detrimental to the financial interests of the European Union, amounting to between 15% and 30% of the amount recovered following a final judgment;

Amendment 22 #

Draft opinion
Paragraph 3b (new)

3b. Urges the introduction of effective arrangements for protecting anyone who reports wrongdoing at the workplace, such as harassment, job blackmail, illegal recruitment and dismissal practices, pay discrimination and any other form of law- breaking;

Amendment 23 #

Draft opinion
Paragraph 3c (new)

3c. Calls for measures to protect workers to include arrangements for safeguarding the anonymity of whistle- blowers and the confidentiality of information, where appropriate by means of encryption, as well as penalties for anyone failing to meet their obligations in this area;

Amendment 24 #

Draft opinion
Paragraph 4

4. Welcomes the fact that the Commission has recently introduced a channel for whistle-blowers to report or disclose information on competition and cartel agreements, but stresses the need for simplifying procedures and insists that there should not be an excessive number of channels;

Amendment 25 #

Draft opinion
Paragraph 4

4. Welcomes the fact that the Commission has ~~recent~~finally introduced a channel for whistle-blowers to report or disclose information on competition and cartel agreements, but insists that there should not be an excessive number of channels;

Amendment 26 #

Draft opinion
Paragraph 4

4. Welcomes the fact that the Commission has recently introduced a channel for whistle-blowers to report or disclose information on competition and cartel agreements, but insists that there should not be an excessive number of channels; tiers for reporting include wider public accountability, such as media.

Amendment 27 #

Draft opinion
Paragraph 4a (new)

4 a. Calls on the Commission to introduce protections against retaliation of any form, and to ensure that the burden of proof in claims for victimisation or reprisal is on the employer.

Amendment 28 #

Hannu TAKKULA, Gerben-Jan GERBRANDY, Martina DLABAJOVÁ

Draft opinion
Paragraph 4b (new)

4 b. Calls on the Commissions to foresee legal, financial and psychological assistance whenever needed and to foresee a wide understanding of working relationships.

Amendment 29 #

Draft opinion
Paragraph 5

5. Calls, therefore, on the Commission to ~~build on the resolution recommendation to~~ establish an independent information- gathering, advisory and referral EU ~~body, with offices in Member States~~office under the suitable EU agency, such as the European Ombudsman, which alre ~~in a position to receive reports of irregularitie~~ady has a competence to investigate complaints of malpractices within the EU institutions, with sufficient ~~budgetary~~ resources, adequate competences and appropriate specialists, in order to help internal and external whistle- blowers use the right channels to disclose their information;

Amendment 3 #

Draft opinion
Recital Α

A. whereas whistle-blowers often play an important and ~~sometimes~~ even crucial role in reporting irregularities, illegalities, fraud, corruption and other breaches of the rule of law at European and national level;

Amendment 30 #

Draft opinion
Paragraph 5

5. Calls, therefore, on the Commission to build on the resolution recommendation to establish an independent information- gathering, advisory and referral EU body, with offices in all Member States which are in a position to receive reports and complaints of irregularities, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help internal and external whistle- blowers use the right channels to disclose their information, while protecting their confidentiality at all times as per the definition of the concept of whistleblowing and with sufficient verification capabilities to carry out an initial sorting and filtering the notifications and information received; urges the Commission to look into the feasibility of entrusting the European Ombudsman with these tasks;

Amendment 31 #

Draft opinion
Paragraph 5

5. Calls, therefore, on the Commission to build on the resolution recommendation to establish an independent information- gathering, advisory and referral EU body, with offices in Member States as well as a controlled website where complaints can be submitted, which are in a position to receive reports of irregularities, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help internal and external whistle- blowers use the right channels to disclose their information;

Amendment 32 #

Petri SARVAMAA

Draft opinion
Paragraph 5

5. Calls, therefore, on the Commission to build on the resolution recommendation to examine the possibility 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, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help internal and external whistle- blowers use the right channels to disclose their information;

Amendment 33 #

Julia PITERA, Benedek JÁVOR

Draft opinion
Paragraph 5

5. Calls, therefore, on the Commission to build on the resolution recommendation to seek the establishment of an independent information- gathering, advisory and referral EU body, with offices in Member States which are in a position to receive reports of irregularities, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to help internal and external whistle- blowers use the right channels to disclose their information and ensure their protection;

Amendment 34 #

Draft opinion
Paragraph 5a (new)

5 a. Regrets that not all of the EU's agencies have implement internal rules to protect whistle-blowers and calls on those agencies to implement the internal rules in accordance with Articles 22a, 22b and 22c of the Staff Regulations;

Amendment 35 #

Julia PITERA, Benedek JÁVOR

Draft opinion
Paragraph 6

6. Expresses the view that the ~~adoption of~~ sector- specific legislation, such as in the field of the protection of the financial interests of the EU, cshould be ~~fast- tracked and should not have to wait for the adoption of more gener~~preceded by adoption of general provisions with uniform minimum standard of legal protection, in order to efficiently protect the whistle- blowers who act in various issues under various jurisdictions within the EU or in various sectors of the common market; therefore calls on the Commission to submit a proposal of horizontal legislation on ~~the~~ protection of whistle-blowers. without any further delay;

Amendment 36 #

Hannu TAKKULA, Gerben-Jan GERBRANDY, Martina DLABAJOVÁ

Draft opinion
Paragraph 6

6. Expresses the view that the adoption of sector-specific legislation, such as in the field of the protection of the financial interests of the EU, could be fast-tracked and should not have to wait for the adoption of more general legislation on the protection of whistle- blowers.a horizontal EU-wide regulatory framework for whistle-blowers' protection is worth of consideration, taking into account the recommendations based on the impact assessment made by the Commission; underlining the importance that this regulation secures public interest and respects trade secrets;

Amendment 37 #

Draft opinion
Paragraph 6

6. Expresses the view that the adoption of sector-specific legislation, such as in the field of the protection of the financial interests of the EU, cshould be fast- tracked and should not have to wait for the adoption of more general legislation on the protection of whistle-blowers.

Amendment 38 #

Draft opinion
Paragraph 6

6. ~~Expresses the view~~Considers that the adoption of sector-specific legislation, such as in the field of the protection of the financial interests of the EU, could be fast- tracked and should not have to wait for the adoption of more general legislation on the protection of whistle-blowers.

Amendment 39 #

Draft opinion
Paragraph 6

6. Expresses the view that the adoption of sector-specific legislation, such as in the field of the protection of the financial interests of the EU, cshould be ~~fast- tracked and should not have to wait for the adoption of more general~~secondary to the adoption of a horizontal piece of legislation on the protection of whistle-blowers.

Amendment 4 #

Hannu TAKKULA, Gerben-Jan GERBRANDY, Martina DLABAJOVÁ

Draft opinion
Recital B

B. whereas ~~the courage of those who, notwithstanding their personal and professional risks,~~whistleblowers do a service to the society by reporting or discloseing information inon wrongdoing in defence of the public interest ~~is such~~, and therefore that ~~the~~ public ~~authorities~~ owes them adequate legal safeguards and protection;

Amendment 40 #

Draft opinion
Paragraph 6a (new)

6 a. Encourages European Agencies to act as an example for Member States and the private sector by implementing internal rules and procedures on whistle- blower protection, which could also lower the threshold to inform third parties about malpractices;

Amendment 5 #

Draft opinion
Recital Β

B. whereas the courage of those who, notwithstanding their personal and professional risks, report or disclose information in the public interest is such that the public law enforcement and monitoring authorities owe them adequate legal safeguards and protection;

Amendment 6 #

Draft opinion
Recital B

B. whereas the courage of those who, notwithstanding their personal and professional risks, report or disclose information in the public interest is such that the public authorities owe them adequate legal safeguards and protection, and also financial support, in cases where whistle-blowers have lost their jobs and - because of their whistle-blowing act and through no fault of their own - are unable to secure new and suitable employment; this may involve (but is not limited to) full support for retraining, including further education;

Amendment 7 #

Julia PITERA

Draft opinion
Recital B a (new)

B 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 8 #

Draft opinion
Recital C

C. whereas Parliament has recently adopted two documents:1 a rResolution1 on the role of whistle- blowers in the protection of EU’s financial interests~~; _________________ 1~~ and a Report on the protection of the EU’s financial interests – Fight against fraud;1 _________________ 1 Texts adopted, P8_TA(2017)0022. Texts adopted, P8_TA(2017)0022.

Amendment 9 #

Draft opinion
Recital C a (new)

Ca. Whereas since 1 July 2014 almost all European institutions and agencies have incorporated, as is mandatory, measures to protect whistleblowers into their internal rules of procedure, in accordance with Articles 22(b) and (c) of the Staff Regulations;

source: 607.823

2017/07/06 LIBE 76 amendments...

Amendment 1 #

Draft opinion
Recital A

A. whereas the Commission stated in its communication of 5 July 2016 that the protection of whistle-blowers, in both the public and private sectors, helps to address mismanagement and irregularities, including cross-border corruption, transnational tax evasion and unfair trading practices, which deprives European tax authorities of legitimate tax revenue and contributes to distort fair competition within the European single market;

Amendment 10 #

Fabio Massimo CASTALDO, Laura FERRARA, Ignazio CORRAO

Draft opinion
Recital C

C. whereas reporting by whistle- blowers of information that could threaten or harm the public interest is done indirectly indirectly, ostensibly on the basis of their freedom of expression and information, both rights enshrined in the EU Charter of Fundamental Rights, and with ~~a strong~~what is a personally defined and perceived sense of responsibility and civic morality; whereas these rights and personal interpretations are subject to restrictions; whereas the principle of proportionality must be respected in exercise thereof, essentially remaining within certain limits and subject to interpretation and clarification; whereas the Charter of Fundamental Rights of the European Union expressly stipulates that national laws and practices must be taken into account; whereas, in addition, the exercise of such rights or principles may in no case entail acts or practices wrongfully negating or restricting other acknowledged or more widely applicable rights or freedoms;

Amendment 11 #

Draft opinion
Recital C

C. whereas reporting by whistle- blowers of information that could threaten or harm the public interest is done on the basis of their freedom of expression and information, both rights enshrined in the EU Charter of Fundamental Rights, in particular Article 11 thereof, and with a strong sense of responsibility and civic morality;

Amendment 12 #

Draft opinion
Recital C a (new)

Ca. Whereas in its Resolution of 23 October 2013 on ‘Organised crime, corruption and money laundering: recommendations on action and initiatives to be taken’ (P7_TA(2013)0444) , the European Parliament particularly called for the Commission, by the end of 2013, to submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme in the public and in the private sector to protect those who detect inefficient management and irregularities and report cases of national and cross-border corruption relating to EU financial interests and to protect witnesses, informers, and those who cooperate with the courts, and in particular witnesses testifying against mafia-type and other criminal organisations, with a view to resolving the difficult conditions under which they have to live.

Amendment 13 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Birgit SIPPEL, Virginie ROZIÈRE

Draft opinion
Recital C a (new)

Ca. whereas protection of whistle- blowers cannot be achieved only via legal measures but also fostering a cultural change in European societies. Encourages Member States and European Commission to build a narrative, which underlines the fundamental role that whistle-blowers play in our societies;

Amendment 14 #

Draft opinion
Recital C a (new)

Ca. Whereas the protection of whistle- blowers in the European Union should not only be limited to European cases, but should also apply to international cases.

Amendment 15 #

Draft opinion
Recital C b (new)

Cb. Whereas in its resolution adopted on 25th November 2015 on 'Tax Rulings and other measures similar in nature or effect’ (P8_TA(2015)0408), the European Parliament called on the European Commission to propose EU legislation to protect whistle-blowers by June 2016 and condemned the fact that citizens and journalists can be subject to legal prosecution rather than legal protection when, acting in the public interest, they disclose information or report suspected misconduct, wrongdoing, fraud or illegal activity.

Amendment 16 #

Draft opinion
Recital C c (new)

Cc. Whereas in its Resolution adopted on 16th December 2015 on “Bringing transparency, coordination and convergence to corporate tax policies” (P8_TA(2015)0457), the European Parliament called on the European Commission to bring forward a legislative proposal offering Union-wide protection for whistle-blowers who report suspected misconduct, wrongdoing, fraud or illegal activity to national or European authorities or, in cases of persistently unaddressed misconduct, wrongdoing, fraud or illegal activity that could affect the public interest, to the public as a whole.

Amendment 17 #

Draft opinion
Recital C d (new)

Cd. Whereas in its Resolution of 14 February 2017 on the role of whistle- blowers in the protection of EU’s financial interests (P8_TA(2017)0022), the European Parliament 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 and, in particular, called on the Commission to submit a legislative proposal before the end of 2017 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 18 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Virginie ROZIÈRE

Draft opinion
Recital C e (new)

Ce. Whereas there exists significant variation between the ways in which different Member States provide protection for whistle-blowers and as a result workers both in the public and private sector who hold vital information, which can also be of relevance in another Member State, are understandably reluctant to come forward and therefore that information will not be made available.

Amendment 19 #

Draft opinion
Paragraph -1 (new)

-1. Stresses that in democratic and open states based on the rule of law, citizens have a right to know about violations of their fundamental rights and to denounce them, including those involving their own government;

Amendment 2 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Birgit SIPPEL, Virginie ROZIÈRE

Draft opinion
Recital A a (new)

Aa. Whereas whistle-blowers who act in the public interest in order to expose misconduct, wrongdoing, fraud or illegal activity often take a very high personal risk as they may be dismissed, sued, boycotted, arrested, threatened or victimised and discriminated in a variety of other ways.

Amendment 20 #

Draft opinion
Paragraph -1 a (new)

-1a. Notes that the culture of whistle- blowing is contested and ill-conceived in many Member States and among the European public; highlights the need for a change in the perception of whistle- blowing and its connection to fundamental rights; states that whistle- blowing should be promoted as civic engagement and as an act of good citizenship supported by communication, learning, education and training; states, that within the “risk society” information brought to light by whistle-blowers is needed to conduct a public discourse about the dangers and opportunities of social and technological innovation; therefore encourages the Member States to start a public dialogue on whistle- blowing in order to raise awareness and to incentivise citizens to speak up if they discover misconduct, wrongdoings or fraud;

Amendment 21 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Virginie ROZIÈRE

Draft opinion
Paragraph 1

1. Recognises that whistle-blowing plays a crucial role in the fight against ~~corruption and other serious crime~~misconduct, wrongdoing, activities that harm the public interest or criminal or illegal activities; notes that throughout the recent cases of whistle-blowing, it has become evident that whistle-blowers play a crucial role in unveiling serious violations of fundamental rights; points out that the protection of whistle- blowers should not be limited only to cases ~~where confidential information is revealed~~of illegal activities, but to all cases of disclosure of misconduct or, wrongdoing ~~or involvement in illegal activities~~; points out that the existing Union legislation on protection of whistle-blowers is scattered and ~~that~~ the protection of whistle- blowers across the Member States is uneven, which often impacts negatively ~~on EU~~the Union policies;.

Amendment 22 #

Fabio Massimo CASTALDO, Laura FERRARA, Ignazio CORRAO

Draft opinion
Paragraph 1

1. ~~Recognises that whistle-blowing~~Points out that targeted and legitimate whistle-blowing that is not motivated by self-interest or malice plays a crucial role in the fight against corruption and other serious crimes; points out that adequate protection of whistle-blowers should not be limited only to cases where confidential information is revealed but to all cases of disclosure of misconduct, wrongdoing or involvement in illegal activities; points out that the existing Union legislation on protection of whistle- blowers is scattered and that the protection of whistle-blowers across the Member States is uneven, which undoubtedly often impacts negatively on ~~EU polici~~the common policies, ambitions and interests of the Member States;

Amendment 23 #

Draft opinion
Paragraph 1

1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crimes; points out that protection of whistle-blowers should not be limited only to cases where confidential information is revealed but to all cases of disclosure of misconduct, wrongdoing or involvement in illegal activities; points out that the existing Union legislation on protection of whistle- blowers is scattered and that the protection of whistle-blowers across the Member States is uneven~~, which often impacts~~ and, in certain cases, non-existent, which could impact highly negatively on EU policies;

Amendment 24 #

Draft opinion
Paragraph 1

1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crimes; points out that protection of whistle-blowers should not be limited only to cases where confidential information is revealed but to all cases of disclosure of misconduct, wrongdoing or involvement in illegal activities; points out that the existing national legislation and the existing Union legislation on protection of whistle- blowers is scattered and that the protection of whistle-blowers across the Member States is uneven~~, which often impacts negatively on EU policies;~~.

Amendment 25 #

Draft opinion
Paragraph 1

1. Recognises that whistle-blowing plays a crucial role in the fight against corruption ~~and other serious crime~~, fraud, tax fraud and tax evasion, mismanagement, oppression, discrimination and other wrongdoings and serious crimes; notes that whistleblowing is one of the most effective ways of halting and preventing wrongdoing from occurring or uncovering it if it already took place, and it is essential for protecting the public interest and for maintaining accountability and integrity in both the public and private sectors; points out that protection of whistle- blowers should not be limited only to cases where confidential information is revealed but to all cases of disclosure of misconduct, wrongdoing or involvement in illegal activities; points out that the existing Union legislation on protection of whistle- blowers is scattered and that the protection of whistle-blowers across the Member States is uneven, which often impacts negatively on EU policies;

Amendment 26 #

Draft opinion
Paragraph 1

1. Recognises that whistle-blowing plays a crucial role in the fight against corruption and other serious crimes as well as in prosecuting violation that may affect public health safety, the environment, human rights or the rule of law at European level; points out that protection of whistle-blowers and their families should not be limited only to cases where confidential information is revealed but to all cases of disclosure of misconduct, wrongdoing or involvement in illegal activities; points out that the existing Union legislation on protection of whistle- blowers is scattered and that the protection of whistle-blowers across the Member States is uneven, which often impacts negatively on EU policies;

Amendment 27 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Caterina CHINNICI, Virginie ROZIÈRE

Draft opinion
Paragraph 1 a (new)

1a. Stresses that the definition of whistleblowing 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;

Amendment 28 #

Draft opinion
Paragraph 1 a (new)

1a. Highlights the need for a common and broad definition of whistle-blowing and whistle-blowers in order to ensure suitable legal protection for whistle- blowers and the smooth functioning of the EU body mentioned in paragraph 4;

Amendment 29 #

Nuno MELO

Draft opinion
Paragraph 1 a (new)

1a. Emphasises that persons who knowingly report wrong or misleading information to competent authorities should not be considered as whistle- blowers and thus should not enjoy the protection mechanisms.

Amendment 3 #

Fabio Massimo CASTALDO, Laura FERRARA, Ignazio CORRAO

Draft opinion
Recital A a (new)

Aa. whereas the Union is founded on the values of democracy, the rule of law and respect for human rights, which are enshrined in Article 2 TEU;

Amendment 30 #

Draft opinion
Paragraph 1 b (new)

1b. Stresses that protection against further conviction for defamation or breach of professional secrecy must be ensured.

Amendment 31 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Caterina CHINNICI

Draft opinion
Paragraph 2

2. ~~Stresses that protection of whistle- blowers should be harmonised at EU level; is of the opinion that a horizontal EU legal instrument providing protec~~Takes note on the European Commission consultation ~~for~~on whistle- blowers in the public and private sectors and complemented by sectoral rules would be the most efficient approach in order to ensure comprehensive and genuine protection of whistle-blowers; reiterates in this regard its call on the Commission to present by the end of 2017 a legislative proposal defining whistle-blowing and setting out common rules for theprotection; emphasises that only EU action must have an appropriate legal basis and must be in line with the principle of pro~~tec~~portion ~~of whistle-blowers1 ; _________________ 1 Text adopted P8_TA(2016)0403~~ality and subsidiarity.

Amendment 32 #

Draft opinion
Paragraph 2

2. SEmphasises the need for a legal protection of whistle-blowers in the European Union and at international level that should be of benefit for the individual whistle-blowers as well as in the public interest; recalls that legislation in most Member States is not extensive; stresses that protection of whistle- blowers should be harmonised at EU level; is of the opinion that a horizontal EU legal instrument providing for protection ofor whistle-blowers ~~in the public and private sectors and~~, complemented by sectorial rules w~~ould~~ill be the most efficient approach in order to ensure comprehensive and genuine protection of whistle-blowers;, reiterates in this regard its call on the Commission to present by the end of 2017 a legislative proposal defining the whistle- blowing and ~~sett~~providing ~~out~~for common rules for the protection of whistle-blowers~~1 ; _________________ 1~~[1]. Reaffirms that the rule of law is crucial for a culture of freedom of expression. [1] European Parliament resolution of 25 October 2016 on the fight against corruption and follow-up of the CRIM resolution, Text adopted P8_TA(2016)0403. Text adopted P8_TA(2016)0403.

Amendment 33 #

Draft opinion
Paragraph 2

2. Stresses that protection of whistle- blowers should be harmonised at EU level; is of the opinion that a horizontal EU legal instrument providing protection for whistle-blowers in ~~the public and private sectors and complemented by sectoral rules~~all fields of EU competence would be the most efficient approach in order to ensure comprehensive and genuine protection of whistle-blowers; emphasises that whistle-blowers who disclosure inaccurate information in honest error should still be protected and they should not have to prove that they acted in good faith: reiterates in this regard its call on the Commission to present by the end of 2017 a legislative proposal defining whistle- blowing and setting out common rules for the protection of whistle- blowers1 ; _________________ 1 Text adopted P8_TA(2016)0403.

Amendment 34 #

Draft opinion
Paragraph 2

2. ~~Stress~~Notes that protection of whistle- blowers shcould be harmonised at EU level in line with the principles of proportionality and subsidiarity; is of the opinion that a horizontal EU legal instrument providing protection for whistle-blowers in the public and private sectors and complemented by sectoral rules ~~would be the most efficient~~is one of a number of possible approaches in order to ensure comprehensive and genuine protection of whistle-blowers; reiterates in this regard its call on the Commission to present by the end of 2017 a legislative proposal defining whistle- blowing and setting out common rules for the protection of whistle-blowers1; _________________ 1 Texts adopted, P8_TA(2016)0403.

Amendment 35 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Birgit SIPPEL, Virginie ROZIÈRE

Draft opinion
Paragraph 2

2. Stresses that protection of whistle- blowers should be harmonised at EU level; is of the opinion that a horizontal EU legal instrument providing protection for whistle-blowers in the public and private sectors and complemented by sectoral rules would be the most efficient approach in order to ensure comprehensive and genuine protection of whistle-blowers; reiterates in this regard its call on the Commission to present by the end of 2017 a legislative proposal defining whistle-blowing and setting out common rules for the protection of whistle-blowers1 ~~; _________________ 1~~and 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 organisations2a; _________________ 1 Text adopted P8_TA(2016)0403. Text adopted P8_TA(2016)0403. 2a Text adopted P8_TA(2017)0022

Amendment 36 #

Angel DZHAMBAZKI, Barbara SPINELLI, Dennis de JONG, Tomáš ZDECHOVSKÝ, Ana GOMES, Patricija ŠULIN, Sven GIEGOLD, Monika HOHLMEIER

Draft opinion
Paragraph 2 a (new)

2a. Underlines that the EU institutions must be interested and show strong willingness to support the role of whistle- blowers and the benefits they bring in correcting wrongdoing; reminds the lack of follow-up and proper settlement regarding whistle-blowing cases at this level; considers a matter of urgency, before a Directive on the protection of whistle-blowers would be adopted, that the Commission Guidelines on the protection of whistle-blowers within the EU institutions are properly implemented and urges all institutions, including Agencies, to establish clear rules for the protection of whistle-blowers, as well as measures against ´´revolving doors´´;

Amendment 37 #

Draft opinion
Paragraph 2 a (new)

2a. Recognises that every person who contributes information to a relevant authority or who discloses an infringement in another appropriate way has to have the right to legal protection.

Amendment 38 #

Angel DZHAMBAZKI, Siegfried MUREŞAN, Barbara SPINELLI, Dennis de JONG, Tomáš ZDECHOVSKÝ, Ana GOMES, Patricija ŠULIN, Sven GIEGOLD, Monika HOHLMEIER

Draft opinion
Paragraph 2 b (new)

2b. Urges the European Court of Auditors and the European Ombudsman to publish, each, by the end of 2017: 1) special reports containing statistics and a clear track record of whistle-blowing cases identified in the European institutions, businesses, associations, organisations and other bodies registered in the Union; 2) the follow-up of the institutions concerned in relation to the cases revealed, based on the current Commission guidelines and rules; 3) the outcome of each investigation open as a result of the information received from whistle-blowers; 4) the measures foreseen in every case for the whistle-blowers´ protection;

Amendment 39 #

Draft opinion
Paragraph 3

Amendment 4 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Virginie ROZIÈRE

Draft opinion
Recital A a (new)

Aa. whereas large scale transnational fraud is increasing, mainly benefitting from legislative gaps existing between Member States’ legislation;

Amendment 40 #

Draft opinion
Paragraph 3

3. ~~Expresses its concern at retaliation against whistle-blowers in their personal and professional lives~~States that whistle-blowers are extremely vulnerable to retaliation attacks; expresses its concern for the labour and personal retaliation, and at the possibility tof initiat~~ing~~e criminal and civil judicial proceedings against whistle- blowers; and calls for the creation of a clear horizontal legal framework that includes definitions, and protection against different forms of reprisals, and for exemptions from criminal and civil proceedings, according to the criteria to be established;.

Amendment 41 #

Draft opinion
Paragraph 3

3. ~~Expresses its concern a~~Notes the frequent retaliation against whistle-blowers in their personal and professional lives, and a~~t the~~buse of the legal possibility of initiating criminal and civil judicial proceedings against whistle- blowers; calls for the creation of a clear ~~horizontal~~ legal framework that includes definitions, protection against ~~different~~certain excessive forms of reprisals, and exemptions ~~from criminal and civil proceedings, according to criteria to be established~~, in certain cases and where appropriate from criminal and civil proceedings, or recognition of extenuating circumstances, according to criteria to be established, in line with the spirit of existing national laws and practices; recognition of extenuating circumstances and exemptions should be entrusted to a duly established independent and impartial court, ensuring that matters can be referred to it and decisions reached by it within a reasonable period of time;

Amendment 42 #

Fabio Massimo CASTALDO, Laura FERRARA, Ignazio CORRAO

Draft opinion
Paragraph 3

3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; calls for the creation of a clear horizontal legal framework that includes definitions, protection against different forms of reprisals, and exemptions from criminal and civil proceedings~~, according to criteria to be established;~~ related to the disclosure as well as from other disciplinary measures or other forms of reprisal (including dismissal, demotion, withholding of promotion and others) according to criteria to be established; stresses that whistle-blowers should be able to report information anonymously and to have their identity kept secret and have the possibility, wherever it fits with the national legal system, to file for interim or injunctive relief in order to prevent dismissal until the outcome of the whistleblowing case has been established.

Amendment 43 #

Benedek JÁVOR, Angel DZHAMBAZKI, Barbara SPINELLI, Tomáš ZDECHOVSKÝ, Ana GOMES, Patricija ŠULIN, Sven GIEGOLD, Monika HOHLMEIER

Draft opinion
Paragraph 3

3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; considers that people who want to reveal irregularities, mismanagement, misuse of funds, maladministration or potential corruption related to the activity of public and private bodies within the Union are not truly protected and do not feel protected; this is why many of them use other means to reveal the wrongdoing or even refrain from acting; therefore, calls for the creation of a clear horizontal legal framework that includes definitions, protection against different forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established; strongly believes that this will increase the citizens´ trust in their European and national bodies;

Amendment 44 #

Draft opinion
Paragraph 3

3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, resulting in discrimination and social exclusion, not infrequently affecting their families also, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; calls for the creation of a clear horizontal legal framework that includes definitions, protection against different forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established; considers it essential, moreover, to protect whistle-blowers in psychological, physical, financial and professional terms and ensure prompt compensation for any harm suffered by them as a result of their actions;

Amendment 45 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Caterina CHINNICI, Birgit SIPPEL, Virginie ROZIÈRE

Draft opinion
Paragraph 3

3. Expresses its concern at retaliation against whistle-blowers in their personal and professional lives, and at the possibility of initiating criminal and civil judicial proceedings against whistle- blowers; encourages both the European Commission and Member States to adopt measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats; calls for the creation of a clear horizontal legal framework that includes definitions, protection against different forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established;

Amendment 46 #

Draft opinion
Paragraph 3 a (new)

3a. Emphasises that no employment relationship should restrict someone’s right of freedom of expression and no one should be discriminated against in cases of exercising that right.

Amendment 47 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Elly SCHLEIN, Virginie ROZIÈRE

Draft opinion
Paragraph 3 b (new)

3b. Highlights that whistle-blowers act at high personal and professional risk and may pay a high price; is therefore of the opinion that measures for the alleviation of those costs and adequate compensation have to be established; states that a new workplace should be found in order to avoid a deterioration of their living conditions and falling into precariousness; notes that mental and psychological help must be secured; notes that in court cases the legal fees of the whistle-blowers have to be reimbursed; states that personal data of the whistle- blowers should never be published;

Amendment 48 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Virginie ROZIÈRE

Draft opinion
Paragraph 3 c (new)

3c. Emphasises that the protection of whistle-blowers also applies if the expressed suspicion is in the end not confirmed if the person acted in good faith.

Amendment 49 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Virginie ROZIÈRE

Draft opinion
Paragraph 4

4. ~~Calls for the creation of legal and secure disclosure channels at national level to facilitate reporting~~Expresses the need of a complaints system managed by a centralised and independent authority; calls therefore for the creation of an independent information-gathering, advisory and referral EU body, with offices in Member States which are in a position to receive reports of irregularities, with sufficient budgetary resources, adequate competences and appropriate specialists, in order to the ~~competent authorities of information on threats to the public interest~~lp internal and external whistle-blowers in using the right channels to disclose their information while protecting their confidentiality and offering needed support and advice;

Amendment 5 #

Draft opinion
Recital A b (new)

Ab. whereas whistle-blowing represents a fundamental source of information in the fight against organised crime, in the investigation of cases of corruption within the public sector as well as in the detection of tax avoidance schemes set up by private companies;

Amendment 50 #

Draft opinion
Paragraph 4

4. Calls for the creation of legal and secure disclosure channels ~~at national level to facilitate reporting to the competent authoritie~~or other procedures for reporting misdeeds, criminal offences or involvement in illicit activities at national and European level, depending on jurisdiction, making it easier to bring the allegations ofr information ~~on threats to the public inter~~in question to the attention of the competent authoritiest;

Amendment 51 #

Draft opinion
Paragraph 4

4. Calls for the creation of legal ~~and secur~~, confidential, secure and safe disclosure channels at national level to facilitate reporting to the competent authorities of information on threats to the public interest; emphasises that whistle-blowers should be free to report both internally, within the workplace, and externally to the competent authorities, parliamentarians and oversight agencies, trade unions and employers’ associations, and also to the public through the media or non-governmental organisations.

Amendment 52 #

Draft opinion
Paragraph 4

4. Calls for the creation of legal and secure disclosure channels at national level to facilitate reporting to the competent authorities of information on threats to the public interest; reiterates in this regard its call for the need for an independent information-gathering, advisory and referral EU body, with offices in Member States which are in a position to receive reports of irregularities, 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; highlights in this regard the potential role of the Office of the European Ombudsman;

Amendment 53 #

Draft opinion
Paragraph 4

4. Calls for the creation of legal, safe, accessible and secure disclosure channels (i.e. hotlines, websites, contact points) at national level to facilitate reporting to the competent authorities of information on threats to the public interest; such channels should investigate claims professionally and also provide whistle- blowers with detailed information about their rights and responsibility and support them against any retaliatory measures;

Amendment 54 #

Draft opinion
Paragraph 4

Amendment 55 #

Benedek JÁVOR, Angel DZHAMBAZKI, Siegfried MUREŞAN, Barbara SPINELLI, Dennis de JONG, Tomáš ZDECHOVSKÝ, Ana GOMES, Patricija ŠULIN, Sven GIEGOLD, Monika HOHLMEIER

Draft opinion
Paragraph 4

4. Calls for the creation of legal and secure disclosure channels at national and European level to facilitate reporting to the competent authorities of information on threats to the public interest; underlines the importance of confidentiality in all whistle-blowing related files and recalls that basic rules for the protection of anonymous whistle-blowers should be put in place, in cases where such protection is required;

Amendment 56 #

Nadine MORANO

4. Calls for the creation of legal and secure disclosure channels at national level, including online notification platforms, to facilitate reporting to the competent authorities of information on threats to the public interest;

Amendment 57 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Virginie ROZIÈRE

Draft opinion
Paragraph 4 a (new)

4a. Notes that whistle-blowers should have access to independent legal advice on their case and to an attorney, and they should be given psychological support and/or treatment if needed; emphasises that actions taken to harass whistle- blowers, their family or colleagues as a result of the protected disclosure should be prohibited and sanctioned; stresses that whistle-blowers, their family and colleagues should also be able to claim compensation for any harassment suffered or the loss of current or future livelihood, if the damage occurred in retaliation for a protected disclosure.

Amendment 58 #

Angel DZHAMBAZKI, Siegfried MUREŞAN, Barbara SPINELLI, Dennis de JONG, Tomáš ZDECHOVSKÝ, Ana GOMES, Patricija ŠULIN, Sven GIEGOLD, Monika HOHLMEIER

Draft opinion
Paragraph 4 a (new)

4a. Reminds the crucial role played by investigative journalists in revealing wrongdoing and stresses that they are an exposed group of professionals, often paying with their jobs, freedom and even their lives disclosures of massive irregularities and corruption schemes; calls for the inclusion of special measures to protect investigative journalists in a horizontal Proposal for the protection of whistle-blowers;

Amendment 59 #

Draft opinion
Paragraph 4 a (new)

4a. Stresses that whistle-blowers are an important source of information for investigative journalism; calls on the Member States to ensure that the right of journalists not to reveal a source’s identity is effectively and legally protected; stresses that journalists, in case that they themselves are the source, should be protected and that authorities in both cases should refrain from using surveillance;

Amendment 6 #

Draft opinion
Recital A c (new)

Ac. whereas the protection of whistle- blowers is essential in order to safeguard the public good and the financial interests of the European Union and to promote a culture of public accountability and integrity in both public and private institutions;

Amendment 60 #

4a. The rights of defence and access to remedies of the reported person should be fully respected at every stage of the procedure, including the right to access to the file, the right to be heard and the right to seek effective remedy against the decision, under the applicable procedures set out in national law.

Amendment 61 #

Draft opinion
Paragraph 4 a (new)

4a. Stresses that in accordance with Articles 22a, 22b and 22c of the Staff Regulations all EU institutions should have in place robust and comprehensive internal rules on whistle-blower protection;

Amendment 62 #

Draft opinion
Paragraph 4 a (new)

4a. Calls on the Commission to fully take into account stakeholders view on the subject collected during the public consultation, which took place in May 2017;

Amendment 63 #

Draft opinion
Paragraph 4 b (new)

4b. Member States should ensure that competent authorities have in place adequate protection procedures for the processing of reports of infringements and reported persons’ personal data; such procedures should ensure that the identity of the person is protected at all stages of the procedure; this obligation should be without prejudice to the necessity and proportionality of the obligation to disclose information when this is required by Union or national law and subject to appropriate safeguards under such laws, including in the context of investigations or judicial proceedings or to safeguard the freedom of others, including the rights of defence of the reported person.

Amendment 64 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Virginie ROZIÈRE

Draft opinion
Paragraph 4 b (new)

4b. Stresses that investigations into the issues raised by whistle-blowers should be conducted independently and within the shortest time frame possible, protecting also the rights of individuals that might be implicated by a disclosure. Both the whistle-blower and any person implicated by a disclosure should be able to provide additional arguments and evidence throughout the investigation, and they should be kept informed of the handling of the disclosure.

Amendment 65 #

Draft opinion
Paragraph 4 b (new)

4b. Highlights the important role of the media in unveiling illegalities or misconduct, notably when these infringe upon the fundamental rights of citizens; expresses its continued support for investigative journalism and media freedom;

Amendment 66 #

Benedek JÁVOR, Siegfried MUREŞAN, Barbara SPINELLI, Tomáš ZDECHOVSKÝ, Ana GOMES, Patricija ŠULIN, Sven GIEGOLD, Monika HOHLMEIER

Draft opinion
Paragraph 4 b (new)

4b. Calls for the establishment of an independent advisory and referral Unit within the European Ombudsman in a position to receive reports, complaints, gather information and adequately advise on the protection of whistle-blowers;

Amendment 67 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Virginie ROZIÈRE

Draft opinion
Paragraph 4 c (new)

4c. Calls on the EU institutions, in cooperation with all relevant national authorities, to introduce and take all necessary measures to protect the anonymity and confidentiality of the information sources in order to prevent any discriminatory actions or threats;

Amendment 68 #

Tomáš ZDECHOVSKÝ, Ana GOMES, Patricija ŠULIN, Sven GIEGOLD, Monika HOHLMEIER

Draft opinion
Paragraph 4 c (new)

4c. Emphasises that non- governmental organisations are not excepted from attempts of maladministration, fraud, misuse of funds and other irregularities and considers that rules for whistle-blowers in the public and private sector should equally apply to NGOs;

Amendment 69 #

Draft opinion
Paragraph 4 d (new)

4d. States, that a clear solution for whistle-blowers working in EU-registered companies but based outside the EU, is needed.

Amendment 7 #

Dietmar KÖSTER, Ana GOMES, Elly SCHLEIN

Draft opinion
Recital Β

Β. whereas the ~~safeguarding~~protection of confidentiality under statute law and European and national case law contributes to the creation of more effective and more fully defined channels for reporting fraud, corruption or other serious infringements, and whereas, given the sensitivity of the information, mismanagement of confidentiality may lead to ~~undesired~~ information leaks and a violation of the ~~public interest of the Union~~interests of those directly concerned, the interests of EU citizens and the public interest of the Union Member States and of the Union itself;

Amendment 70 #

Draft opinion
Paragraph 4 e (new)

4e. Calls on the EU institutions to award a European whistle-blower prize to encourage a change in the perception of whistle-blowing and its connection to fundamental rights and that whistle- blowing is an act of good citizenship.

Amendment 71 #

Draft opinion
Paragraph 5

5. Emphasises that freedom of expression and information~~, as well as the strong substrate component of civic morality, must be taken into account when assessing the protection of the public interest.~~ must be fully respected and recalls in this regard the important role of investigative journalism; recalls in this regard that the Directive on the protection of undisclosed know-how and business information (trade secrets)3a against their unlawful acquisition, use and disclosure, should not be interpreted in a way as reducing protection of whistle- blowers and investigative journalism; _________________ 3aDirective (EU) 2016/943 of the European Parliament and the Council of 8 June 2016

Amendment 72 #

Draft opinion
Paragraph 5

5. Emphasises that the right of citizens to report wrongdoing is a natural extension of the right of freedom of expression and information, as ~~well as the strong substrate component of civic morality, must be taken into account when assessing~~enshrined in Article 11 of the Charter of Fundamental Rights, and it is essential to ensure the principles of transparency and integrity and the protection of the public interest.

Amendment 73 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Elly SCHLEIN, Virginie ROZIÈRE

Draft opinion
Paragraph 5

5. Emphasises that freedom of expression and information, ~~as well as the strong substrate component of civic morality, must be taken into account~~together with any other fundamental right, is subject to certain limits and interpretations must be taken into account in a fair, open, independent and impartial manner when assessing the protection of the public interest.

Amendment 74 #

Draft opinion
Paragraph 5

5. Emphasises that ~~freedom of expression and information, as well as the strong substrate component of civic morality,~~the protection of whistle-blowers is essential for the freedom of expression and information, the plurality of opinions, democracy and freedom and this must be taken into account when assessing the protect~~ion of th~~ed public interest.

Amendment 75 #

Draft opinion
Paragraph 5 a (new)

5a. Stresses the Member States to comply with the Recommendations of Council of Europe on the protection of whistle-blowers.

Amendment 76 #

Dietmar KÖSTER, Sylvie GUILLAUME, Christine REVAULT D'ALLONNES BONNEFOY, Ana GOMES, Cătălin Sorin IVAN, Caterina CHINNICI

Draft opinion
Paragraph 5 b (new)

5b. Calls on the European Commission to evaluate the possibility to debate the situations of the whistle- blowers who are taking part of the wrongdoing, namely the possibility to introduce the mechanism of plea bargaining. In order to create an effective tool to fight against corruption and organised crime, it is necessary to have in account not only the situations where the whistle-blowers only reports the wrongdoing but also those who are effectively part of those actions and decide to report to the authorities.

Amendment 8 #

Draft opinion
Recital Β

B. whereas the safeguarding of the confidentiality of the whistle-blowers’ information contributes to the creation of more effective channels for reporting fraud, corruption, wrongdoing, misconduct or other serious infringements, and whereas, given the sensitivity of the information, mismanagement of confidentiality may lead to undesired information leaks and a violation of the public interest of the Union;

Amendment 9 #

Draft opinion
Recital Β a (new)

Ba. Whereas in the public sector, protecting whistle-blowers can make it easier to detect the misuse of public funds, fraud and other forms of cross-border corruption linked to national or European Union interests.

source: 607.981

2017/07/19 ECON 85 amendments...

Amendment 1 #

Draft opinion
Recital A

A. whereas whistle-blowers play a very significant role in preventing, detecting and reporting, as well as in identifying and publishing cases of corruption; in particular whistle-blowers played an important role in the LuxLeaks, SwissLeaks and Panama Papers revelations, thus contributing to increased reforms to combat financial and tax fraud, money laundering and corruption, which hamper economic development and the rule of law;

Amendment 10 #

Bernard MONOT

Draft opinion
Recital B

B. whereas whistle-blowing is not restricted to economic and financial matters, and is especially important in the fields of health and the environment, and persons who report or disclose information in the public interest often suffer reprisals, as do family members and colleagues, resulting for example in the loss of their careers;

Amendment 11 #

Draft opinion
Recital Β

Β. whereas whistle-blowing is very often not restricted to economic and financial matters, and persons who report or disclose information in the public interest ~~often~~ suffer reprisals, as do family members and colleagues, resulting for example in the loss of their careers;

Amendment 12 #

Draft opinion
Recital B a (new)

Ba. whereas it is regrettable that the existing channels for making formal complaints about misconduct of Multinational Enterprises rarely result in any concrete punishments for wrongdoings;

Amendment 13 #

Draft opinion
Recital B a (new)

Ba. whereas, because of the lack of protection, one might not be willing to blow the whistle to avoid the risk of reprisal and/or retaliation;

Amendment 14 #

Draft opinion
Recital B a (new)

Ba. whereas the protection of whistle- blowers should be guaranteed by law and reinforced throughout the EU;

Amendment 15 #

Draft opinion
Recital B b (new)

Bb. whereas protection of whistle- blowers at Union level has neither been implemented in all Member States, nor harmonised, noting that most EU Member States have ratified the UN Convention against Corruption, making it obligatory to provide appropriate and effective protection to whistle-blowers;

Amendment 16 #

Draft opinion
Recital B c (new)

Bc. whereas more than one third of organisation with a reporting mechanism do not have a clear written policy on protecting whistle-blowers, according to the OECD;

Amendment 17 #

Draft opinion
Recital C

C. whereas EU law already contains certain provisions protecting whistle- blowers against reprisals, including with regard to money laundering, but does not yet provide for horizontal legislation applying to all public and private bodies; whereas fragmented provisions might prove to be unclear and inefficient;

Amendment 18 #

C. whereas EU law already contains certain provisions protecting whistle- blowers against reprisals, including with regard to money laundering~~, but does not yet provide for horizontal legislation applying to all public and private bodies~~; Commission is therefore asked to make thorough evaluation of possible legal basis, if any, for possible further action at EU level with this regard;

Amendment 19 #

Draft opinion
Recital C a (new)

Ca. whereas inadequate or ineffectively enforced provisions can expose whistle-blowers to reprisals with impunity, whilst failing to offer safeguards to the public interest, as the persistence of reprisals against whistle- blowers dissuades those in possession of information on wrongdoing from further reporting or disclosure and undermines faith in the applicable legal regime;

Amendment 2 #

Draft opinion
Recital Α

Α. whereas whistle-blowers played a~~n important~~ decisive role in the LuxLeaks, SwissLeaks and Panama Papers revelations, thus contributing substantially to increased reforms to combat financial and tax fraud, money laundering and corruption, which hamper economic development and the rule of law;

Amendment 20 #

Draft opinion
Recital C a (new)

Ca. whereas there are cultural differences across the European Union which must be respected and the establishment of whistle-blowing channels that work within these cultures and different national legal systems should be encouraged;

Amendment 21 #

Draft opinion
Recital C a (new)

Ca. whereas the European Court of Human Rights has a well-established case law regarding whistle-blowers;

Amendment 22 #

Draft opinion
Recital C b (new)

Cb. whereas the Charter of Fundamental Rights of the European Union ensures the freedom of expression and the right to good administration;

Amendment 23 #

Cc. whereas an effective protection of whistle-blowers would contribute to the efficiency of the internal market and reinforce the citizens’ trust in the EU;

Amendment 24 #

Draft opinion
Recital C d (new)

Cd. whereas the European Parliament called for a protection of whistle-blowers in several reports, such as the two reports “Tax rulings and other measures similar in nature or effect” and the report “Bringing transparency, coordination and convergence to corporate tax policies in the Union”;

Amendment 25 #

Draft opinion
Paragraph 1

1. Calls on the ~~Commission to present horizontal~~Member States to present legislation to protect whistle- blowers as ~~soon as~~they see fit; stresses that competition between jurisdictions is the best approach to discover rules that protect whistle-blowers to the fullest extent possible;

Amendment 26 #

Draft opinion
Paragraph 1

1. Calls on the Commission to ~~present horizo~~analyse the experience that has been gained in some Member States with central ~~legislation to protect whistle- blowers as soon as possible~~repositories for reporting breaches of regulatory provisions and to derive best- practice recommendations from that analysis;

Amendment 27 #

Draft opinion
Paragraph 1

1. Calls on the Commission to ~~present horizontal legislation~~make thorough assessment of possible legal basis for possible further action at EU level with regards to protection of whistle- blowers ~~as soon as possible~~;

Amendment 28 #

Neena GILL

Draft opinion
Paragraph 1

1. Calls on the Commission to present horizontal legislation to protect whistle- blowers as soon as possible as well as to come forward with a proposal of a fund to protect whistle blowers;

Amendment 29 #

Draft opinion
Paragraph 1

1. ~~Calls on~~Urges the Commission ~~to present horizontal legislation to protect~~, avoiding further delays, to immediately submit concrete horizontal legislation establishing an effective and comprehensive protection of European whistle- blowers, a~~s soon as possible~~ccording to the OECD;

Amendment 3 #

Tibor SZANYI

Draft opinion
Recital A

A. whereas whistle-blowers played a~~n importa~~ prominent role in the LuxLeaks, SwissLeaks and Panama Papers revelations, thus contributing to increased reforms to combat financial and tax fraud, money laundering and corruption, which hamper economic development and the rule of law;

Amendment 30 #

Draft opinion
Paragraph 1

1. ~~Calls on~~Strongly urges the Commission to present horizontal legislation to protect whistle- blowers as soon as possible;

Amendment 31 #

Alfred SANT

1. Calls on the Commission to present a comprehensive horizontal legislation to protect whistle- blowers as soon as possible, based on internal market provisions of the EU treaties together with the flexibility clause;

Amendment 32 #

Draft opinion
Paragraph 1

1. Calls on the Commission to present horizontal legislation to protect whistle- blowers ~~as soon as possibl~~, covering public and private sector without any distinction, as soon as possible, and where necessary to adapt existing regulations to this purpose;

Amendment 33 #

Draft opinion
Paragraph 1

1. Calls on the Commission to present horizontal legislation to protect whistle- blowers as soon as possible, both in the private and public sector;

Amendment 34 #

Draft opinion
Paragraph 1

1. Calls on the Commission to present horizontal legislation to ~~protect~~ensure effective protection for whistle- blowers acting in the public interest as soon as possible;

Amendment 35 #

Draft opinion
Paragraph 1 a (new)

1a. Emphasises the unreasonable and worrying fact that citizens and journalists are being subject to prosecution rather than legal protection when disclosing information in the public interest, including suspected misconduct, wrongdoing, fraud or illegal activity, particularly when it comes to conduct violating the fundamental principles of the EU, such as tax avoidance, tax evasion and money laundering;

Amendment 36 #

Draft opinion
Paragraph 1 a (new)

1a. Calls on those Member States which have not yet adopted relevant legislation, to do so as soon as possible in order to effectively protect whistle-blowers in their domestic law; furthermore calls them to refrain from criminalising the actions of whistle-blowers in disclosing information about illegal activities or irregularities;

Amendment 37 #

Draft opinion
Paragraph 1 a (new)

1a. Considers it necessary to settle a clear legal definition of “whistle-blower”;

Amendment 38 #

Draft opinion
Paragraph 1 a (new)

1a. Stresses that the definition of a whistle-blower needs to be broad and not restricted to certain fields, work contract status or the legal character of the acts or information reported or disclosed, and that whistle-blowers in the public and private sectors should enjoy equal protection and not be bound by any contractual obligation preventing reports or disclosures when these are in the public interest, notwithstanding any necessary restrictions such as those framed by the Global Principles on National Security and the Right to Information;

Amendment 39 #

Draft opinion
Paragraph 1 b (new)

1b. Calls Member States to take into consideration the Article 33 of the UN Convention against corruption, underlining the role of whistle-blowers in the prevention and fight against corruption;

Amendment 4 #

Draft opinion
Recital A a (new)

Aa. whereas some Member States already have experience with central repositories for reporting actual or possible breaches of financial prudential rules;

Amendment 40 #

Draft opinion
Paragraph 2

2. Points out the need to ensure that whistle-blowers are able to report an~~ot onl~~y illegal activities ~~but also wrongdoing~~; stresses that reporting any other action, such as wrongdoing that is legal, and any other information ~~in the public interest~~, must not only take into account the public interest but also the interests of any actor involved;

Amendment 41 #

Draft opinion
Paragraph 2

2. Points out the need to ensure that whistle-blowers are able to report ~~not only~~ illegal activities ~~but also wrongdoing and any information in the public interest~~only;

Amendment 42 #

Draft opinion
Paragraph 2

2. Points out the need to ensure that whistle-blowers are able to report ~~not only~~ illegal activities ~~but also wrongdoing and any information in the public interest~~and harmful practices and are adequately protected in case their revelations are in the public interest; recalls the conclusion of its TAXE special committee according to which protection should be granted to whistle-blowers in case they report such illegal activities or harmful practices to the public after the competent authorities at national or EU level were notified and failed to take necessary action within a reasonable timeframe;

Amendment 43 #

Draft opinion
Paragraph 2

2. Points out the need to ensure that whistle-blowers are able to report not only illegal activities but also wrongdoing ~~and any information in~~that represent a threat or harm to the public interest;

Amendment 44 #

Bernard MONOT

Draft opinion
Paragraph 2

2. Points out the need to ensure that whistle-blowers are able to report not only illegal activities ~~but also wrongdoing and any information in the public interest~~, particularly in regard to working conditions and the dignity of the individual, but also anything that is morally wrong;

Amendment 45 #

Draft opinion
Paragraph 2 a (new)

2a. Reaffirms the vital role of whistle- blowers in revealing suspected misconduct, wrongdoing, fraud or illegal activity; stresses that disclosures such as the revelations of LuxLeaks and Panama Papers are clearly in the public interest, visibly disclosing the massive scale of tax evasion, tax avoidance and money laundering;

Amendment 46 #

Draft opinion
Paragraph 2 a (new)

2a. Calls the EU to establish an independent EU Body, with offices in Member States which are in position to receive reports of irregularities and at the same time to take all necessary measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats;

Amendment 47 #

Draft opinion
Paragraph 2 a (new)

2a. Reiterates that given the often technical nature of the leaked information and barriers that officials face in their attempts to access it, inside whistle- blowers may often be the only option for bringing societally illegal activities to the public;

Amendment 48 #

Draft opinion
Paragraph 2 b (new)

2b. Calls for more transparency in the financial services sphere in order to discourage malpractice and allow the appropriate environment for whistle- blowing when necessary;

Amendment 49 #

Draft opinion
Paragraph 2 b (new)

2b. Calls for the institutions and other EU bodies to apply, without delay, the guidelines as presented by the European Ombudsman;

Amendment 5 #

Draft opinion
Recital A a (new)

Aa. whereas since the financial crisis of 2007-2009 we have seen a wave of action against international tax avoidance and evasion; whistle-blowers have played an important role in sustaining this momentum;

Amendment 50 #

Draft opinion
Paragraph 2 c (new)

2c. Requests from the Parliament the establishment a special unit with a reporting line as well as sufficient facilities for receiving information from whistle-blowers;

Amendment 51 #

Draft opinion
Paragraph 3

3. Argues that whistle-blowers should be free to report both internally, to authorised persons within the workplace, and externally, and should be protected ~~regardless of their choice of~~if they respect the appropriate reporting channel;

Amendment 52 #

Draft opinion
Paragraph 3

3. Argues that whistle-blowers should ~~be free to report both internally, within the workplace, and externally, and should be protected regardless of their choice of reporting channel~~report possible breaches of statutory provisions to the relevant central repositories;

Amendment 53 #

Draft opinion
Paragraph 3

3. Argues that whistle-blowers should be free to report both internally, within the workplace, and ~~externally,~~to the authorities responsible and should be protected regardless of their choice of reporting channel;

Amendment 54 #

Neena GILL

Draft opinion
Paragraph 3

3. Argues that whistle-blowers should be free to report anonymously both internally, within the workplace, and externally, and should be protected regardless of their choice of reporting channel;

Amendment 55 #

Draft opinion
Paragraph 3

3. Argues that whistle-blowers should be free to ~~repor~~lodge a complaint both internally, within the workplace, and externally, and should be protected regardless of their choice of reporting channel;

Amendment 56 #

Alfred SANT

Draft opinion
Paragraph 3

3. Argues that whistle-blowers should be free to report both internally, within the workplace, and externally, ~~and should be protect~~since organizational and other inadequacies are often such that the available internal procedures are ineffectual or counterproductive, implying that recourse has to be sought directly outside the organisation; in both cases full protection should be extended, regardless of their choice of reporting channels, nor should the latter be hierarchised;

Amendment 57 #

Draft opinion
Paragraph 3 a (new)

3a. Calls on public and private organisations to establish internal whistle-blowing procedures for their employees including rights and obligations and redress measures; these internal procedures should not act as a tool for prohibiting the act of information the wider public of illegal activities that severely harm the public interest;

Amendment 58 #

Draft opinion
Paragraph 3 a (new)

3a. Stresses the importance of explicitly empowering competent authorities, regulatory and law enforcement bodies with the responsibility to maintain reporting channels, receive, handle and investigate suspected malpractice, whilst safeguarding the confidentiality of the source, where applicable, and the rights of the affected parties;

Amendment 59 #

Draft opinion
Paragraph 3 a (new)

3a. Requests that the forthcoming review of the European Supervisory Authorities (ESAs) adapt their powers and procedures to protect whistle-blowers;

Amendment 6 #

Draft opinion
Recital A a (new)

Aa. whereas the European Parliament has established two special committees and one committee of inquiry following these revelations;

Amendment 60 #

Draft opinion
Paragraph 3 b (new)

3b. Believes that an independent body at EU level should provide citizens with a single reporting channel and, when justified, legal and financial advices and protections, as well as anonymity and confidentiality;

Amendment 61 #

Draft opinion
Paragraph 4

Amendment 62 #

Draft opinion
Paragraph 4

Amendment 63 #

Draft opinion
Paragraph 4

4. Stresses that whistle-blowers should ~~not~~ bear the burden of proof ~~when it comes~~ to demonstrat~~ing~~e that they acted in good faith~~, as what matters is whether the information disclosed is in the public interest, or exposes wrongdoing and other misconduct~~;

Amendment 64 #

Draft opinion
Paragraph 4

4. Stresses thate importance for whistle-blowers ~~should not bear the burden of~~to give a proof when it comes to demonstrating that they acted in good faith, ~~as what matters is whether the information disclosed is in the public interest, or exposes wrongdoing and other misconduc~~disclosing the information for the purpose of protecting the public interest;

Amendment 65 #

Bernard MONOT

Draft opinion
Paragraph 4

Amendment 66 #

Tibor SZANYI

Draft opinion
Paragraph 4

4. Stresses that whistle-blowers should not bear the burden of proof when it comes to demonstrating that they acted in good faith, as what matters is whether the information disclosed is in the public interest, or exposes wrongdoing and other misconductit is necessary altogether to encourage whistle-blowers acting in good faith to report illegal actions, infringements and/or fraudulent activity, but that they should not be required to bear the burden of proof; decidedly places in a separate category, and condemns, however, cases of whistle- blowing in bad faith (typically based on interests and possibly also causing damage), conduct which already has consequences under the laws of the Member States;

Amendment 67 #

Brian HAYES

Draft opinion
Paragraph 4 a (new)

4a. Stresses that communication between whistle-blowers and EU institutions and agencies must be strengthened; considers that complaints from citizens must be treated fairly and with respect and there should be a regular stream of contact from the EU institution or agency dealing with the complaint to the whistle-blower with regular updates on the case;

Amendment 68 #

Draft opinion
Paragraph 4 a (new)

4a. Underlines that effective whistle- blower protection is essential to guarantee the right to free speech and freedom of information, and that conflicting norms governing matters of secrecy and confidentiality should be reviewed in line with European human rights jurisprudence, so as to ensure that such exceptions are necessary and proportionate;

Amendment 69 #

Draft opinion
Paragraph 5

5. Calls on the ~~Commission~~Member States to ensure that whistle-blowers have access to independent legal advice ~~and financial and psychological support~~, and can claim compensation for harassment or ~~the~~any loss ~~of their current or future livelihood if said harm is caused in retaliation for a disclosure made under whistle-blower protection~~if such harm is caused in retaliation for a legal disclosure.

Amendment 7 #

Draft opinion
Recital A b (new)

Ab. whereas the already agreed initiatives to strengthen international information exchange in tax matters have been very helpful and the various tax- related leaks have revealed large amounts of societally important information on private malpractices that would not have surfaced otherwise;

Amendment 70 #

Draft opinion
Paragraph 5

5. Calls on the ~~Commission~~Member State to ensure that whistle-blowers have access to independent legal advice ~~and financial and psychological support~~, and can claim compensation for harassment or the loss of their current or future livelihood if said harm is caused in retaliation for a disclosure made under whistle-blower protection. Calls on the Commission to see whether there are best practices present that could be shared in this sense;

Amendment 71 #

Draft opinion
Paragraph 5

5. Calls on the Commission to ensure that whistle-blowers have access to independent legal advice and financial and psychological support, and can claim compensation for harassment or the loss of their current or future livelihood if said harm is caused in retaliation for a disclosure made ~~under whistle-blower protection~~in the public interest and after an absence of response from the relevant authorities.

Amendment 72 #

Draft opinion
Paragraph 5

5. Calls on the Commission to ensure that whistle-blowers have unhindered access to independent legal advice and financial and psychological support, and can claim compensation for harassment or the loss of their current or future livelihood if said harm is caused in retaliation for a disclosure made under whistle-blower protection.

Amendment 73 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission to put forward an EU-wide legislation to protect whistle-blowers, including a selection of tools for safeguarding protection against unjustified legal prosecution, including measures to tackle economic sanctions, discrimination and job loss; suggests the creation of an independent European body responsible for collecting and analysing information while carrying out investigations, as well as a pan-European whistle-blower common fund in order to ensuring adequate financial assistance to whistle-blowers.

Amendment 74 #

Draft opinion
Paragraph 5 a (new)

5a. Urges the Commission and the Member States to provide for access to confidential advice to persons who may be considering a public interest report or disclosure, and who will thus be seeking information such as that relating to the rights and responsibilities of whistle- blowers, adequate channels, and the possible consequences of their decision.

Amendment 75 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission to confirm the full implementation in both the Commission and EU Agencies of their own guidelines protecting whistle-blowers as per amendments to their staff regulations in 2012, thereby setting an example for all public and private bodies in the EU and beyond.

Amendment 76 #

Draft opinion
Paragraph 5 a (new)

5a. Thinks that the Commission or any responsible body at EU or national level should regularly run information campaign and provide multilingual and comprehensible notice on the basic procedures available to blow the whistle;

Amendment 77 #

Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO

Draft opinion
Paragraph 5 a (new)

5a. Calls for it to be laid down that companies which take fully verified action in retaliation against whistle-blowers may not receive monies from EU funds nor enter into contracts with public bodies.

Amendment 78 #

Draft opinion
Paragraph 5 a (new)

5a. Recommends that the EU institutions lead by example by swiftly installing an internal whistle-blowing protection framework;

Amendment 79 #

Draft opinion
Paragraph 5 a (new)

5a. Urges the Commission to provide a comprehensive Action Plan on raising awareness on whistle-blowers protection and defence;

Amendment 8 #

Draft opinion
Recital A c (new)

Ac. whereas the focus of global anti- corruption efforts have thus far been predominantly focused on public sector wrongdoings, yet recent leaks have highlighted the role of financial institutions, advisers and other private companies in facilitating corruption;

Amendment 80 #

Draft opinion
Paragraph 5 b (new)

5b. Expresses the need to achieve a better functioning system for reporting corporate malpractices that complement and seek to improve the efficiency of the current National Contact Points for the OECD Guidelines for Multinational Enterprises;

Amendment 81 #

Draft opinion
Paragraph 5 b (new)

5b. Calls for the Commission to provide a comprehensive plan to discourage asset transfers to countries outside the EU that serve as protectors of anonymity to corrupt persons;

Amendment 82 #

Jonás FERNÁNDEZ, Ramón JÁUREGUI ATONDO

Draft opinion
Paragraph 5 b (new)

5b. Believes that any international agreement (trade, immigration, etc.) concluded with the EU shall include provisions on the protection of whistle- blowers;

Amendment 83 #

Draft opinion
Paragraph 5 b (new)

5b. Underlines the importance of awareness-raising amongst employees and other individuals of already existing whistle-blowing legal frameworks;

Amendment 84 #

Draft opinion
Paragraph 5 c (new)

5c. Calls on the Commission to effectively cooperate and coordinate with other institutions, including the European Public Prosecutor’s Office for the protection of whistle-blowers and urges the European Anti-Fraud Office (OLAF) to produce an annual report on the evaluation of the protection of whistle- blowers in the European Union;

Amendment 85 #

Draft opinion
Paragraph 5 c (new)

5c. Stresses the need for more attention to be put on business ethics in the educational curricula of business studies and related disciplines.

Amendment 9 #

Draft opinion
Recital A d (new)

Ad. whereas the introduction of public beneficial ownership registries for company trusts and similar legal arrangements and other transparency measures for investment vehicles may act as a counter-deterrent against the wrongdoings that whistle-blowers typically address;

source: 606.186

2017/07/26 JURI 295 amendments...

Amendment 1 #

Motion for a resolution
Citation 2 a (new)

– having regard to the European Convention on Human Rights, in particular Article 10 thereof,

Amendment 1 #

Draft opinion
Recital A

A. whereas respect for democracy, the rule of law and fundamental rights are key founding values of the EU, as set out in Article 2 TEU and in the Charter of Fundamental Rights, and whereas freedom of expression is explicitly safeguarded by Article 11 ~~of the Charter~~, as well as the right of good administration by article 41 of the Charter of fundamental Rights;

Amendment 10 #

Motion for a resolution
Citation 12

—– having regard to the Recommendation CM/Rec(2014)7 of 30 April 2014 of the Committee of Ministers of the Council of Europe on the protection of whistleblowers, as well to its relevant brief guide for implementing a national framework of January 2015,

Amendment 10 #

Draft opinion
Recital A c (new)

A c. whereas at present whistle-blowers very often experience negative consequences and retaliation because of their disclosure, they become victim of social exclusion and stigmatisation - together with their families- and frequently lose their job;

Amendment 100 #

Sergio Gaetano COFFERATI

Motion for a resolution
Paragraph 3 b (new)

3b. Stresses that whistle-blowers must always be guaranteed effective protection, even if the disclosures do not concern unlawful acts, if the information is made available with the aim of ensuring that the public interest is not undermined;

Amendment 101 #

Motion for a resolution
Paragraph 3 b (new)

3b. Takes the view that the scope of the legal provisions on whistleblowers should not cover matters relating to national security, medical secrecy or lawyer-client confidentiality;

Amendment 102 #

Motion for a resolution
Paragraph 4

4. SHighlights that whistle-blowing is linked to freedom of the press and is essential in bringing to light illegal activities or activities which evidently harm or threaten the public interest; stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistle-blowers have proved to be a crucial resource for investigative journalism and for an independent press; calls on the Member States to ensure that the right of journalists not to reveal a source's identity is effectively protected and that authorities or individuals refrain from using surveillance in order to ascertain their sources;

Amendment 103 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Jytte GUTELAND, Evelyn REGNER

Motion for a resolution
Paragraph 4

4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowing must be recognised as a mechanism which has a vital role to play in preventing unlawful acts; stresses, further, that whistleblowers have proved to be a crucial resource for investigative journalism and for an independent press;

Amendment 104 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 4

4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowers have proved to be a crucial resource for investigative journalism and for an independent press; points out that guaranteeing the confidentiality of sources is fundamental to freedom of the press;

Amendment 105 #

Motion for a resolution
Paragraph 4

4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years and that whistleblowers contribute to democracy, transparency of politics and economy, public information and have proved to be a crucial resource for investigative journalism and for an independent press;

Amendment 106 #

Jean-Marie CAVADA, Virginie ROZIÈRE, Robert ROCHEFORT

Motion for a resolution
Paragraph 4

4. Stresses that the role of whistleblowers in revealing serious attacks on the public interest has proved its significance on many occasions over a number of years ~~and that whistleblowers have proved to be a crucial resource for investigative journalism and for an independent press~~;

Amendment 107 #

Motion for a resolution
Paragraph 4 a (new)

4a. Stresses that whistleblowers are proving to be a crucial resource for investigative journalism and for an independent press; emphasises that for this reason members of these professions are vulnerable in the context of the disclosure of sensitive information and must therefore enjoy the same protection as the whistleblowers they protect in the name of the confidentiality of their sources;

Amendment 108 #

Motion for a resolution
Paragraph 5

5. Notes with concern that whistle- blowers continue to be subject to civil and criminal proceedings in a number of Member States, while the existing means to defend, support and protect them are absent or ineffective; notes that, in addition, the disparities between Member States lead to legal insecurity and the risk of unequal treatment; underlines that especially whistle-blowers, who serve in crucial areas for public interests, e.g. military, police, judicial, intelligence, bank staff, are often prosecuted particularly acutely; they should therefore enjoy sufficient and appropriate protection;

Amendment 109 #

Motion for a resolution
Paragraph 5

5. ~~Notes~~Welcomes the fact that several Member States in recent years have taken steps to strengthen whistleblowers’ rights; notes, however, with concern that whistleblowers continue to be subject to civil and criminal proceedings in a number of Member States, whilere the existing means to defend, support and protect them are absent, limited or ineffective; notes ~~that~~, in addition, theat such disparities between Member States may lead to legal insecurity and the risk of unequal treatment;

Amendment 11 #

Motion for a resolution
Citation 12 a (new)

– having regard to Resolution 2171 (2017) of the Parliamentary Assembly of the Council of Europe of 27 June 2017 calling on the national parliaments to recognise the 'right to blow the whistle',

Amendment 11 #

Draft opinion
Recital A c (new)

A c. whereas an effective protection of whistle-blowers would contribute to the efficiency of the internal market and reinforce the citizens' trust in the EU;

Amendment 110 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 5

5. ~~Notes with concern~~Deplores the fact that whistleblowers continue to be subject to civil and criminal proceedings in a number of Member States, while the existing means to defend, support and protect them are absent, insufficient or ineffective; notes that, in addition, the disparities between Member States lead to legal insecurity, forum shopping by companies involved in unethical practices and the risk of unequal treatment;

Amendment 111 #

Motion for a resolution
Paragraph 6

~~6. States that the protection of whistleblowers is essential for the proper application of the competences of the EU;~~deleted

Amendment 112 #

Motion for a resolution
Paragraph 6

~~6. States that the protection of whistleblowers is essential for the proper application of the competences of the EU;~~deleted

Amendment 113 #

Jean-Marie CAVADA, Robert ROCHEFORT, Virginie ROZIÈRE

Motion for a resolution
Paragraph 6 a (new)

6a. Stresses that offering protection for whistleblowers should be done in a balanced way proportionate to the facts about which the whistleblower is disclosing information; takes the view that, in order to avoid slanderous accusations, this protection should be offered on the basis of convincing, relevant and conclusive evidence and should not give rise to unfair or disproportionate consequences for the institution, organisation or company concerned;

Amendment 114 #

Motion for a resolution
Paragraph 6 a (new)

6a. Emphasises that protecting whistleblowers is essential if instances of serious wrongdoing are to be brought to the attention of the authorities and the general public; emphasises, further, that the role of whistleblowers must be recognised and the relevant rules harmonised at European level, in order to deter reprisals against them;

Amendment 115 #

Motion for a resolution
Paragraph 7

7. ~~Encourages the Member State~~Considers that the implementation of comprehensive legal regulations on the protection of whistle-blowers encourages a speak-up culture and that whistle-blowers should be promoted as an act of good citizenship; urges therefore the Member States and the EU institutions to promote the positive role that whistle-blowers play, ~~in particular through awareness-raising campaign~~as well the serious concerns regarding their often vulnerable and defenceless position, in particular through awareness-raising and protection campaigns, communication and training efforts; recommends, particularly the Commission, to provide a comprehensive plan on this issue; calls in this context for a website to be launched where useful information on the protection of whistle- blowers should be provided, as well as complaints can be submitted; stresses that this website should be easily accessible to the public and should keep their data anonymous;

Amendment 116 #

Motion for a resolution
Paragraph 7

7. Encourages the Member States to promote the positive role that whistleblowers play, in particular through awareness-raising campaigns and even providing a reward for cases of tax losses, fiscal damage and damage to the public image;

Amendment 117 #

Motion for a resolution
Paragraph 7 a (new)

7a. Notes that wide consultation can be an important step in a public awareness campaign to tackle negative perceptions of whistleblowers; suggests therefore that such perceptions should be tackled by providing strong protection for voluntary, open and confidential disclosures, by legally recognising and protecting a plurality of channels for disclosing information in private and public domain, by focusing also on information that prevents harm and is in the public interest, rather than solely on reports of individual misconduct;

Amendment 118 #

Motion for a resolution
Paragraph 7 a (new)

7a. Highlights the importance of research and the exchange of best practices to encourage better protection for whistleblowers at European level;

Amendment 119 #

Motion for a resolution
Paragraph 7 b (new)

7b. Recommends the establishment of a special unit with a reporting line as well as dedicated facilities (e.g. relevant hotlines, helplines, websites, contact points) within European Parliament and within each national Parliament of the Member States for receiving relevant information from whistle-blowers, which will also provide them with advice and help in protecting them against any possible retaliatory;

Amendment 12 #

Motion for a resolution
Citation 15 a (new)

– having regard to the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions,

Amendment 12 #

Jean-Marie CAVADA, Robert ROCHEFORT, Virginie ROZIÈRE

Draft opinion
Recital A d (new)

A d. whereas the protection of whistle- blowers has been recognised by all major international instruments concerning corruption and whistleblowing standards have been set out by the UN Convention against Corruption (UNCAC), Council of Europe Recommendation CM/Rec(2014)7 and the 2009 OECD Anti-Bribery Recommendation; 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 120 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 8

8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reporting~~; stresses that the absence of clearly identified means of reporting~~ and the failure to follow up reports; stresses that this causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers face when they address the guilty person or party in their organisation;

Amendment 121 #

Motion for a resolution
Paragraph 8

8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of ~~reporting~~protection, which may deter potential whistle-blowers from reporting what they know; stresses that the absence of clearly identified means of reporting causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers face when they address the guilty person or party in their organisation;

Amendment 122 #

Motion for a resolution
Paragraph 8

8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified and safe means of reporting; stresses that the absence of clearly identified and safe means of reporting causes a number of whistle- blowers to remain silent; expresses its concern about the retaliation and pressures which whistle-blowers face when they address the guilty person or party in their organisation;

Amendment 123 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Evelyn REGNER

Motion for a resolution
Paragraph 8

8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reporting; stresses that the absence of clearly identified means of reporting causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers may face when they address the guilty person or party in their organisation;

Amendment 124 #

Motion for a resolution
Paragraph 8

8. Notes that one of the barriers to whistleblowers’ activities is the absence of clearly identified means of reporting; stresses that the absence of clearly identified means of reporting causes a number of whistleblowers to remain silent; expresses its concern about the retaliation and pressures which whistleblowers face when they address the ~~guilty~~wrong person or party in their organisation;

Amendment 125 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 9

9. ~~Stresses that the credibility and validity of a report must be able to be assessed in part on the way in which it was made; b~~Believes that it is necessary to establish a coherent system which enables reports to be delivered both inside and outside the organisation;

Amendment 126 #

Motion for a resolution
Paragraph 9

9. Stresses that the credibility and validity of a report must be able to be assessed in part on the way in which it was made; believes that it is necessary to establish a coherent system which enables reports to be delivered both inside ~~and outside~~ the organisation or to the competent authorities;

Amendment 127 #

Motion for a resolution
Paragraph 9

9. ~~Stresses that the credibility and validity of a report must be able to be assessed in part on the way in which it was made; believes that it is necessary to establish a coherent system~~Takes the view that a coherent, credible and reliable system should be introduced which enables reports to be delivered both inside and outside the organisation; emphasises that public disclosure should be envisaged only as a last resort;

Amendment 128 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission to study the possibility of setting up a tiered system enabling whistleblowing inside and outside the organisation; stresses that, to do so, clear, efficient and uniform procedures should be established; believes that employers should be encouraged to introduce internal reporting procedures and that ~~one~~at least one independent and impartial person should be responsible for collecting reports in each organisation; considers that employee representatives should be involved in the assignment of that role;

Amendment 129 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission to study a tiered system ~~enabling~~of procedures to facilitate whistleblowing inside and outside the organisation; stresses that, to do so, clear procedures should be established; believes that employers should be encouraged to introduce internal reporting procedures and that one person should be responsible for collecting reports in each organisation; ~~considers that employee representatives should be involved in the assignment of that role;~~

Amendment 13 #

Motion for a resolution
Citation 15 b (new)

– having regard to the report of the Committee on Budgetary Control on the role of whistle-blowers in the protection of EU's financial interests (2016/2055(INI)),

Amendment 13 #

Draft opinion
Recital A e (new)

A e. whereas the protection of whistle- blowers should be guaranteed by law and reinforced throughout the EU, provided that the purpose of their action is to protect the public interest by acting in good faith in accordance with the jurisprudence of the European Court of Human Rights;

Amendment 130 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission to study a tiered system enabling whistleblowing inside ~~and outside~~ the organisation and to the competent authorities; stresses that, to do so, clear procedures should be established; ~~believes that employers should be encouraged to introduce internal reporting procedures and that one person should be responsible for collecting reports in each organisa~~underlines that such procedures shall be fair and equitable, ensuring the full respect of legal rights and the protection; of consfide~~rs that employee representatives should be involved in the assignment of that role~~ntiality of both the whistleblower and the alleged wrongdoer;

Amendment 131 #

Motion for a resolution
Paragraph 10

10. Calls on the Commission to study a tiered system enabling whistleblowing inside and outside the organisation; stresses that, to do so, clear procedures should be established; believes that employers should be encouraged to introduce internal reporting procedures ~~and that one person should be responsible for collecting reports in each organisation; considers that~~; considers that trade union representative or another employee representatives should be involved in the assignment of that role;

Amendment 132 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 10

10. ~~Calls on the Commission to study a tiered system enabling whistleblowing inside and outside the organisation; stresses that, to do so, clear procedures should be established; b~~Believes that employers should be encouraged to introduce internal reporting procedures and that one person should be responsible for collecting reports in each organisation; considers that employee representatives should be involved in the assignment of that role; takes the view that the recipients of a report should be required to follow it up and to inform whistleblowers about the action taken on their reports;

Amendment 133 #

Motion for a resolution
Paragraph 10 a (new)

10a. Believes that employers should be encouraged to introduce internal reporting procedures and that one person should be responsible for collecting reports in each organisation; considers that, where appropriate, employee representatives should be involved in the assignment of that role;

Amendment 134 #

Motion for a resolution
Paragraph 11

11. Believes that the whistleblower should give priority to the organisation’s internal reporting mechanisms ~~or to the competent authorities; stresses, however, that in the absence of a favourable response from the~~; takes the view that if the recipient of the report fails to take proper steps to check its validity within a reasonable period, the whistleblower must be able to turn to the competent authorities; stresses, however, that as a last resort, if the competent authorities fail to take action on the report within three months, the whistleblower must be able to turn to the public authorities, non-governmental organisation,s or the press; if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn todirectly to the public authorities, non-governmental organisations or the press;

Amendment 135 #

Motion for a resolution
Paragraph 11

11. Believes that the whistle-blower should give priority to the organisation’s internal reporting mechanisms or to the competent authorities; calls therefore on Member States and EU institutions to draw up a comprehensive legal framework which will enable businesses to establish internal whistle-blower systems, properly defining the concept of a reasonable period for a reply from the undertaking, and ensuring that these systems comply with fundamental rights legislation and the law protecting personal data; stresses, however, that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, she or she must be able to turn to non-governmental organisations or the press;

Amendment 136 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 11

11. ~~Believes that the whistleblower should give priority~~Takes the view that recourse to the organisation’'s internal reporting mechanisms ~~or to~~and the competent authorities; stresses, however, that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn to non-governmental organisations or the preshould be facilitated, in particular by means of information campaigns;

Amendment 137 #

Virginie ROZIÈRE, Jean-Marie CAVADA, Pascal DURAND, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Jytte GUTELAND, Evelyn REGNER

Motion for a resolution
Paragraph 11

11. Believes that ~~the whistleblower should give priority to t~~each organisation should set clear reporting channel allowing the whistleblower to blow the whistle inside his or her organisation~~’s internal reporting mechanisms or to the competent authorities; stresses, however,~~, underlines that each employee should be informed of that reporting procedure, which should guarantee confidentiality and a treatment of the alert within a reasonable time; underlines that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn to non-governmental organisations or the ~~press~~media;

Amendment 138 #

Motion for a resolution
Paragraph 11

11. Believes that ~~the whistleblower should give priority to t~~each organisation should set clear reporting channel allowing the whistleblower to blow the whistle inside his or her organisation~~’s internal reporting mechanisms or to the competent authorities; stresses, however,~~, underlines that each employee should be informed of that reporting procedure, which should guarantee confidentiality and a treatment of the alert in an reasonable time; underlines that in the absence of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn to non-governmental organisations or the press;

Amendment 139 #

Motion for a resolution
Paragraph 11

11. Believes that the whistleblower should give priority to the organisation’s internal reporting mechanisms ~~or to the competent authorities~~; stresses, however, that in the absence of an internal reporting mechanism or of a favourable response from the organisation, or if the whistleblower is at risk or urgently needs to report information, he or she must be able to turn to ~~non-governmental organisations or the pres~~the competent authorities;

Amendment 14 #

Motion for a resolution
Recital A

A. whereas the EU set itself the objective of upholding democracy and the rule of law and thus guarantees compliance with and the application of the rights and freedoms enshrined in the EU Charter of Fundamental Rights, in particular its citizens' freedom of expression;

Amendment 14 #

Virginie ROZIÈRE, Jean-Marie CAVADA, Pascal DURAND, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Jytte GUTELAND, Evelyn REGNER

Draft opinion
Recital A f (new)

A f. whereas there is a need to ensure that any kind of retaliation against whistle-blowers will be suitably punished, as according to the OECD more than one third of organisations with reporting mechanism do not have or do not know of, a written policy on protecting those who report from reprisals;

Amendment 140 #

11a. recalls the right of the public to be informed of any wrongdoing that undermines the public interest, underlines in that respect that it should always be possible for a whistleblower to publicly disclose information on an unlawful or wrongful act or an act which undermines public interest;

Amendment 141 #

Motion for a resolution
Paragraph 11 a (new)

11a. Takes the view that an employer should not be able to rely on a person's legal or contractual obligations in order to prevent that person from making a public interest report or disclosure or to penalise her or him for having done so;

Amendment 142 #

Motion for a resolution
Paragraph 12

12. Believes that reporting outside the organisation without first going through an internal step is not grounds to invalidate a report, file a lawsuit or refuse to give protection, although in such cases the organisation should report itself as soon as it becomes aware that the information concerned has been reported outside the organisation;

Amendment 143 #

Motion for a resolution
Paragraph 12

12. Believes that reporting outside the organisation without first going through an internal step is not grounds to invalidate a report, file a lawsuit or refuse to give protection, provided that the whistleblower can provide proof of the risk that he or she is running and acted in good faith and disinterestedly;

Amendment 144 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 12

12. ~~Believes that reporting outside the organisation without first going through an internal step is not grounds to invalidate a report, file a lawsuit or refuse to give protectio~~Takes the view that whistleblowers should be free to choose the channel through which they report wrongdoing, which should include the option of informing the general public directly, and that they should be granted legal protection irrespective of the procedure chosen;

Amendment 145 #

Motion for a resolution
Paragraph 12

12. Believes that ~~reporting outside the organisation without first going through an internal step is not~~disrespecting the legal rules on the appropriate reporting channel, is grounds to invalidate a report, file a lawsuit or refuse to give protection;

Amendment 146 #

Motion for a resolution
Paragraph 13

13. Expresses its concerns about the risks, such discrimination, hostility or exclusion, run by whistle-blowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities with a dampening effect on those who may come across wrongdoing; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistle- blower, the measures taken against h~~im or her should be brought to an end;~~ er or him should be brought to an end; notes that such retaliation is particularly severe for whistle-blowers who serve in crucial areas for public interests, such as police, military, intelligence staff, that are subject to special discipline applied by the hierarchy of their corps within its ordinary functioning; the whistle-blower should receive therefore full compensation for the financial, social, moral and psychological damage incurred, such as lost earnings and status, as well as pain and suffering;

Amendment 147 #

Motion for a resolution
Paragraph 13

13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should be brought to an end; calls on the Commission to present a proposal for a horizontal whistle-blower directive involving protection against any form of retaliation at work

Amendment 148 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Evelyn REGNER

Motion for a resolution
Paragraph 13

13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should be brought to an end, and the whistleblower should receive full compensation for the damage incurred, such as lost earnings and status and pain and suffering;

Amendment 149 #

13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should be brought to an end and whistleblower should receive full compensation for the prejudice and damage incurred;

Amendment 15 #

Motion for a resolution
Recital A

A. whereas the EU set itself the objective of upholding democracy and the rule of law and thus guarantees its citizens freedom of expression, whereas whistleblowing is a fundamental aspect of the freedom of expression;

Amendment 15 #

Draft opinion
Recital A g (new)

A g. whereas in many jurisdictions, and particularly in the private sector, employees are subject to duties of confidentiality with respect to certain information, with the possible consequence that whistle-blowers might encounter disciplinary actions for reporting outside their organisation;

Amendment 150 #

Motion for a resolution
Paragraph 13

13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower in accordance with the definition given above, the measures taken against him or her should be brought to an end;

Amendment 151 #

Motion for a resolution
Paragraph 13

13. Expresses its concerns about the possible risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against ~~destabilising practices~~retaliation; takes the view that retaliation should be ~~penalised and~~ sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her in retaliation for having made a report in the public interest should be brought to an end;

Amendment 152 #

Motion for a resolution
Paragraph 13

13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, the measures taken against him or her should ~~be brought to an end~~lead to judicial consequences;

Amendment 153 #

Motion for a resolution
Paragraph 13

13. Expresses its concerns about the risks run by whistleblowers at their place of work, in particular the risks of direct or indirect retaliation by the employer and by those working for or acting on behalf of the employer; stresses that retaliation usually takes the form of suspending, slowing down or stopping career progression or even dismissal, along with psychological harassment; stresses that retaliation is a barrier to whistleblowers’ activities; believes that it is necessary to introduce protective measures against destabilising practices; takes the view that retaliation should be penalised and sanctioned effectively; stresses that, once somebody is recognised as a whistleblower, ~~the~~ measures ~~taken against him or her should be brought to an end~~should be taken to protect him or her;

Amendment 154 #

Motion for a resolution
Paragraph 13 a (new)

13a. Recommends that in legal proceedings relating to a detriment suffered by a whistle-blower, and subject to her or him providing reasonable grounds to believe that the detriment was in retaliation for having made a report or disclosure of unlawful wrongdoings or irregularities, it should be for the employer to establish that the detriment was not so motivated;

Amendment 155 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 13 a (new)

13a. Considers that whistleblowers should have the option to file for interim relief to prevent retaliation such as dismissal, until there is an official outcome of any administrative, judicial or other proceedings

Amendment 156 #

Motion for a resolution
Paragraph 13 a (new)

13a. Stresses that whistle-blowers and their family members whose lives or safety are in jeopardy must be entitled to receive effective and adequate protection;

Amendment 157 #

Jean-Marie CAVADA, Virginie ROZIÈRE, Robert ROCHEFORT

Motion for a resolution
Paragraph 13 a (new)

13a. Takes the view that protection should also be provided if a whistleblower draws attention to conduct involving a Member State;

Amendment 158 #

13b. Notes that investigative journalists and members of the independent press pursue a solitary profession in the course of which they face many kinds of pressure; emphasises, therefore, that it is essential that they should be protected against all attempts at intimidation;

Amendment 159 #

Motion for a resolution
Paragraph 13 b (new)

13b. Suggests that interim relief pending the outcome of civil proceedings should be available for persons who have been the victim of retaliation for having made a public interest report or disclosure, particularly in cases of loss of employment;

Amendment 16 #

Motion for a resolution
Recital A a (new)

Aa. whereas the European Union is helping to consolidate international cooperation in the fight against corruption, in full compliance with the principles of international law, human rights and the rule of law, as well as the sovereignty of each country;

Amendment 16 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Evelyn REGNER

Draft opinion
Recital A h (new)

A h. whereas the protection of whistle- blowers in the EU has become even more urgent, as the Trade Secrets Directive limits the rights of whistle-blowers and may thus have a discouraging effect on those who want to report irregularities, especially in the context of Union funding from which individual companies have benefitted;

Amendment 160 #

Motion for a resolution
Paragraph 14

14. Expresses its concern about the practice of gagging orders, which involve filing or threatening to file lawsuits against the whistleblower not in an effort to have him or her convicted, but in an effort to bring about self-censorship or financial, mental or psychological exhaustion; believes that such abuse of process should be subject to criminal penalties and sanctions;

Amendment 161 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 14

14. Expresses its concern about the practice of gagging orders, which involve filing or threatening to file lawsuits against the whistleblower not in an effort to have him or her convicted, but in an effort to bring about self-censorship or financial, mental or psychological exhaustion; takes the view, therefore, that the imposition of gagging orders should be punishable;

Amendment 162 #

Motion for a resolution
Paragraph 14

14. ~~Expresses its concern about~~Condemns the practice of gagging orders, which involve filing or threatening to file lawsuits against the whistleblower not in an effort to ~~have him or her convicted~~secure justice, but in an effort to bring about self-censorship or financial, mental or psychological exhaustion;

Amendment 163 #

Motion for a resolution
Paragraph 14 a (new)

14a. Stresses, however, that a clear distinction must be drawn between the professional confidentiality obligations which employees and public servants have and the need to disclose or bear witness in good faith to instances of wrongdoing likely to undermine the public interest. Any person who makes a report which they know to be false or which is malicious must be liable to disciplinary measures or even prosecution;

Amendment 164 #

Motion for a resolution
Paragraph 15

15. Points out the risk that genuine whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; ~~considers it necessary~~points out that a person who denounces or defames others or discloses information for malicious purposes and not solely in the public interest, and not with the aim of triggering the review procedures and debate which are fundamental to a democratic society, does not meet the definition of whistleblower; warns against any move to provide for a reversal of the burden of proof even in respect of retaliation against and pressure on whistleblowers, and advocates, at the very least, that a case should have been made and convincing evidence put forward before the protective measures afforded to genuine whistleblowers are granted; takes the view that confidentiality should be guaranteed ~~throughout the proceedings;~~ at the first stage of the proceedings, but not thereafter;

Amendment 165 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Evelyn REGNER

Motion for a resolution
Paragraph 15

15. Points out, however, the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; stresses, in that connection, that the right of employees to report unlawful conduct or acts which have come to their attention at their workplace must be safeguarded and that, if it can be inferred on the basis of the evidence presented that they reported or bore witness in good faith to acts constituting an offence, any unfair dismissal must be deemed null and void and even cause for legal action; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; takes the view that confidentiality should be guaranteed throughout the proceedings;

Amendment 166 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 15

15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; considers that the basis for whistleblower protection should be the information exposed, whether or not that information is in the public interest, whereas the intention of the whistleblower should be considered to be irrelevant, in order to remove incentives for attempts of character assassination by the parties bringing legal actions against whistleblowers, which could have a negative effect on whistleblowers even if a court decides in their favour; takes the view that confidentiality should be guaranteed throughout the proceedings;

Amendment 167 #

Motion for a resolution
Paragraph 15

15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers; takes the view that confidentiality should be guaranteed throughout the proceedings and that the identity of the whistleblower shall not be revealed without his or her consent; underlines that a breach of identity without the whistleblower' consent should be subject to criminal penalties and sanctions;

Amendment 168 #

Motion for a resolution
Paragraph 15

Amendment 169 #

15. Points out the risk that whistleblowers run of having legal and civil proceedings brought against them; stresses that they are often the weaker party in trials; ~~considers it necessary to provide for a reversal of the burden of proof in respect of retaliation against and pressure on whistleblowers;~~ takes the view that confidentiality should be guaranteed throughout the proceedings;

Amendment 17 #

Motion for a resolution
Recital A a (new)

Aa. whereas under Article 67(2) TFEU the European Union is competent to deal with matters relating to the European common asylum policy;

Amendment 17 #

Draft opinion
Recital A i (new)

A i. whereas the office of 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 whistle-blowers;

Amendment 170 #

Motion for a resolution
Paragraph 15 a (new)

15a. Emphasises the importance that whistle-blowers, as well as people who assist them in disclosing information on a threat or harm to the public interest, e.g. relatives, colleagues, defence witnesses, are afforded proper and effective protection of their physical, moral and social integrity and their livelihoods, by being granted the highest possible level of confidentiality; suggests therefore that proper measures are required to protect whistle-blowers and any other individuals affected by a disclosure of such information;

Amendment 171 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 15 a (new)

15a. Takes the view that whistleblowers should not be liable for prosecution, civil legal action or administrative or disciplinary penalties because they have made a report;

Amendment 172 #

Motion for a resolution
Paragraph 16

Amendment 173 #

Motion for a resolution
Paragraph 16

16. BTakes the view that the procedure should be carried out in two stages: firstly, reporting within the undertaking, administration and/or the press, and then, once a sufficient case has been made, disclosure to the public and lifting of anonymity, so that genuine whistleblowers can be acknowledged by democratic society for their courage and civic- mindedness; believes that the option, at the first stage, to report anonymously would encourage whistleblowers to share information which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting anonymously should be introduced by each Member State, in keeping with the Charter and the principles enshrined in the Treaties;

Amendment 174 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 16

16. Believes that the option to report anonymously would encourage whistleblowers to share information which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting anonymously should be introduced and that the identity of the whistleblower, and any information enabling him or her to be identified, should not be released without his or her consent; takes the view, in that connection, that any action which undermines whistleblowers' right to anonymity should be punished;

Amendment 175 #

Motion for a resolution
Paragraph 16

16. Believes that the option to report infringements anonymously would encourage whistle-blowers to share information in confidential way, which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting infringements anonymously should be introduced; underlines that these means should fully and properly safeguard the anonymity of whistle- blowers, also in the digital environment;

Amendment 176 #

Motion for a resolution
Paragraph 16

16. Believes that the option to report anonymously would encourage whistleblowers to share information which they would not share otherwise; stresses, in that regard, that clearly regulated and restrictive means of reporting anonymously should be introduced, setting out exactly in which cases means of reporting anonymously apply;

Amendment 177 #

16. Believes that the option to report confidentially or anonymously would encourage whistleblowers to share information which they would not share otherwise; stresses, in that regard, that clearly regulated means of reporting anonymously or confidentially should be introduced, at least at the first stage of the reporting procedure;

Amendment 178 #

Motion for a resolution
Paragraph 17

17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she had reasonable grounds to believe them to be true; recalls that in the event of false accusations, those responsible should be held accountable;

Amendment 179 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 17

17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts ~~or that the~~, that he or she wrongfully believed information to be in the public interest or that a perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she had reasonable grounds to believe them to be true;

Amendment 18 #

Motion for a resolution
Recital A a (new)

Aa. Whereas Article 352 TFEU confers to the Union the possibility to act beyond its explicit powers, within the framework of the policies defined in the Treaties, if its action proves necessary to attain one of the objectives set out in Treaties themselves;

Amendment 18 #

Draft opinion
Paragraph -1 (new)

-1. 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 180 #

Motion for a resolution
Paragraph 17

17. Stresses that ano~~body should~~nymity during the first stage would ensure that nobody loses the benefit of protection on the sole grounds that he or she has legitimately misjudged the facts or that the perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she had reasonable and/or clear grounds to believe them to be true;

Amendment 181 #

Motion for a resolution
Paragraph 17

17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the perceived threat to the public interest did not materialise, provided that the whistleblower demonstrates that, at the time of reporting, he or she acted in good faith and had reasonable grounds to believe them facts to be true;

Amendment 182 #

Motion for a resolution
Paragraph 17

17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she acted in good faith and had reasonable grounds to believe them to be true;

Amendment 183 #

Motion for a resolution
Paragraph 17

17. Stresses that nobody should lose the benefit of protection on the sole grounds that he or she has misjudged the facts or that the perceived threat to the public interest did not materialise, provided that, at the time of reporting, he or she had ~~reasonable grounds to believe them to be true~~acted in good faith and disinterestedly;

Amendment 184 #

Motion for a resolution
Paragraph 17 a (new)

17a. Emphasizes that somebody who reports information, which he or she knows to be inaccurate or misleading should not benefit from the protection granted to whistleblowers; stresses that any person who is prejudiced, whether directly or indirectly, by the reporting or disclosure of inaccurate or misleading information should be afforded legal protection and the right to seek effective remedies against malicious or abusive reporting;

Amendment 185 #

Motion for a resolution
Paragraph 17 a (new)

17a. In the light of the principle of actori incumbit probatio, which is common to all national legal systems and international dispute-settlement procedures, urges that the burden of proof should not be reversed, given that it should be necessary only if there are clear indications or a set of evidence to suggest that the person in question qualifies for whistleblower status;

Amendment 186 #

Motion for a resolution
Paragraph 17 a (new)

17a. Recalls the importance of devising instruments to ban any form of retaliation, whether this is passive dismissal or passive measures; urges the Member States to refrain from criminalizing the actions of whistle- blowers in disclosing information on unlawful or wrongful acts or acts which undermine or endanger the public interest;

Amendment 187 #

Motion for a resolution
Paragraph 18

18. Stresses the role that public authorities, non-governmental organisations and trade unions play in supporting and helping whistleblowers in their dealings within their organisation;

Amendment 188 #

18. Stresses the role that trade unions and civil society organisations play in supporting and helping whistleblowers in their dealings within their organisation;

Amendment 189 #

Motion for a resolution
Paragraph 18

18. Stresses the role that trade unions, civil and social organisations play in supporting and helping whistleblowers in their dealings within their organisation;

Amendment 19 #

Motion for a resolution
Recital B a (new)

Ba. whereas reporting by whistle- blowers of information that could threaten or harm the public interest is done on the basis of their freedom of expression and information, both enshrined in the EU Chapter of Fundamental Rights, and with a strong sense of responsibility and civic morality;

Amendment 19 #

Draft opinion
Paragraph -1 a (new)

-1 a. whereas protection of whistle- blowers at Member States level has neither been implemented in all Member States, nor harmonised, it may be risky for whistle-blowers to provide institutions such as the European Parliament with information on irregularities, as they are afraid of what might happen to them owing to the lack of protection;

Amendment 190 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 18

18. Stresses the role that trade unions and civil society play in supporting and helping whistleblowers in their dealings within their organisation;

Amendment 191 #

Motion for a resolution
Paragraph 18

18. Stresses the role that trade unions can play in supporting and helping whistleblowers in their dealings within their organisation;

Amendment 192 #

Motion for a resolution
Paragraph 19

19. Stresses that, in addition to the professional risks, whistle-blowers, as well as people who assist them in disclosing such information, also face personal, psychological, social and financial risks; believes that psychological support should be provided, that ~~legal aid~~specialized legal aid of their own choice should be given to whistle-blowers who ask for it, that social and financial aid should be given to those who express a duly justified need for it and that compensation for proven professional damages should be given as a protective measure if ~~civi~~judicial proceedings are brought against a whistle-blower;

Amendment 193 #

19. Stresses that, in addition to the professional risks, whistleblowers may also face psychological and financial risks; believes that ~~psychological support should be provided, that~~, where applicable, legal aid should be given to whistleblowers who ask for it~~, that financial aid should be given to those who express a duly justified need for it and that~~ and compensation for proven professional damages ~~should~~might be given as a protective measure if civil proceedings are brought against a whistleblower;

Amendment 194 #

Motion for a resolution
Paragraph 19

19. Stresses that, in addition to the professional risks, whistleblowers also face psychological and financial risks; believes that psychological support should be provided, that legal aid should be given to whistleblowers who ask for it, that financial aid should be given to those who express a duly justified need for it and that compensation for proven professional damages as well as for non-material damages should be given as a protective measure if civil proceedings are brought against a whistleblower in accordance with national law and practices;

Amendment 195 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 19

19. Stresses that, in addition to the professional risks, whistleblowers also face psychological and financial risks; believes that psychological support should be provided, that legal aid should be given to whistleblowers who ask for it, that financial aid should be given to those who express a duly justified need for it and that compensation ~~for proven professional damages should be given as a protective measure if civil proceedings are brought against a whistleblower~~should be given, irrespective of the damages suffered by the whistleblower as a result of making a report;

Amendment 196 #

Motion for a resolution
Paragraph 19

19. Stresses that, in addition to the professional risks, whistleblowers also face psychological and financial risks; believes that psychological support should be provided, that the provisions on legal aid should be ~~given~~extended to whistleblowers who ask for it, that ~~financial aid should be given to those who express a duly justified need for it~~police protection should be envisaged if necessary and that compensation for proven serious professional damages should be given as a protective measure if civil proceedings are brought against a whistleblower;

Amendment 197 #

Motion for a resolution
Paragraph 19 a (new)

19a. Calls on Member States and EU institutions, in cooperation with all relevant authorities, to introduce and take all possible necessary measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats, as well as to establish transparent channels for information disclosure, to set up independent national and EU authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls also for the establishment of a centralised European authority for the effective protection of whistle-blowers and people who assist their acts based on the model of national privacy watchdogs;

Amendment 198 #

Jean-Marie CAVADA, Robert ROCHEFORT, Virginie ROZIÈRE

Motion for a resolution
Paragraph 19 a (new)

19a. Calls on the Commission to develop instruments focusing on providing protection against unjustified legal prosecutions, economic sanctions and discrimination, and calls in this connection for a general fund to be set up, financed in part from monies recovered or proceeds from fines, to give appropriate financial support to whistle-blowers in the EU whose livelihood is put at risk as a result of disclosures of relevant facts;

Amendment 199 #

Motion for a resolution
Paragraph 19 a (new)

19a. Calls on the Member States, with a view to making these measures effective, to consider the advisability of setting up national compensation funds;

Amendment 2 #

Motion for a resolution
Citation 3

— having regard to Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, in particular recitals 19 and 20 thereof,

Amendment 2 #

Draft opinion
Recital A a (new)

A a. whereas whistle-blowers provide a fundamental service to the whole community, play a very important and valuable role for the safeguard of the general interest and are key in the fight against corruption and other infringements, as repeatedly recognised by the European Parliament, together with international organisations like the Council of Europe and the United Nations; bearing in mind that all these subjects expressed the necessity to protect whistle-blowers;

Amendment 20 #

Motion for a resolution
Recital C

C. whereas whistle-blowers play an important role in reporting unlawful or improper conduct which undermines or endangers the public interest; whereas by doing so they help significant Member States and EU institutions and bodies to prevent and tackle, among others, any breaches of the principle integrity and misuse of power that threaten or violate public health and safety, financial integrity, the economy, human rights, the environment or the rule of law, the raise of unemployment, restrict or distort fair competition and undermine the trust of citizens in democratic institutions and processes at EU law and national levels;

Amendment 20 #

Draft opinion
Paragraph -1 b (new)

-1 b. 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

Amendment 200 #

Motion for a resolution
Paragraph 20

20. Calls more concretely on the Member States to ~~introduce~~establish an independent ~~body responsible for collecting reports,~~protection, information-gathering and referral EU body responsible also for verifying their credibility of gathered information and guiding whistle-blowers, particularly in the absence of a positive response from their organisation; this EU body should operate offices in all Member States which should be in position to receive relevant information in public and private sector; underlines that it should have sufficient budgetary resources, adequate competences and appropriate specialist, in order to help internal and external whistle-blowers in using the right channels to disclose their information on possible irregularities, while protecting their confidentiality and offering needed support and advice; considers it necessary that the work of this body would be primarily based at first stage on reliable verification of the information received;

Amendment 201 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 20

20. Calls on the Member States to introduce an independent body responsible for collecting reports, verifying their credibility ~~and~~, following them up at least by issuing binding recommendations, guiding whistleblowers, particularly in the absence of a positive response from their organisation, and providing them with financial assistance if necessary, in particular if they disclose facts which have cross-border implications or which directly concern the EU's institutions and bodies; suggests that this independent body should publish annual activity reports;

Amendment 202 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Evelyn REGNER

Motion for a resolution
Paragraph 20

20. Calls on the Member States to ~~introduce~~confer on an independent body responsibleility for collecting reports, verifying their credibility and guiding whistleblowers, particularly in the absence of a positive response from their organisation; in the case of reports involving Member States, the various stages in the reporting procedure must be followed. This task may be conferred on the European Ombudsman.

Amendment 203 #

Motion for a resolution
Paragraph 20

20. Calls on the Member States to introduce an independent body, with sufficient budgetary resources and adequate personnel, responsible for collecting reports, verifying their credibility and guiding whistleblowers, particularly in the absence of a positive response from their organi~~sation~~zation, following the response given to the alert and publishing an annual report on the alerts received and their treatment ;

Amendment 204 #

20. Calls on the Member States to introduce an independent body responsible for collecting reports, verifying their credibility and guiding whistleblowers, particularly in the absence of a positive response from their organisation; believes that those independent bodies should be provided with specific support funds;

Amendment 205 #

Motion for a resolution
Paragraph 20

20. Calls on the Member States to designate, if a suitable national body already exists, or introduce an independent body responsible for collecting reports, verifying their credibility and guiding whistleblowers, particularly in the absence of a positive response from their organisation;

Amendment 206 #

Motion for a resolution
Paragraph 20 a (new)

20a. Calls on the Commission to introduce the principle of granting an EU passport to any third-country national who, whether in the course of their duties or not, has disclosed information about illegal conduct or acts of espionage, committed either by a third country or a domestic or multinational company which are prejudicial to a State, a nation or Union citizens and jeopardise, without their knowledge, the integrity of a government, national security or collective or individual freedoms;

Amendment 207 #

Motion for a resolution
Paragraph 20 a (new)

20a. Stresses that consideration should be given to making access to information and confidential advice free of charge for individuals contemplating making a public interest report or disclosure on unlawful or wrongful acts which undermine or endanger the public interest; notes that structures able to provide such information and advice should be identified and their details made available to the general public;

Amendment 208 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Evelyn REGNER

Motion for a resolution
Paragraph 20 b (new)

20b. Emphasises that, in addition to all the protection measures afforded to whistleblowers in general, these whistleblowers in particular must be guaranteed proper reception arrangements, accommodation and safety in a Member State which does not have an extradition agreement with the country which committed the acts in question. In cases where the European Union has an extradition agreement with the third country involved, calls on the Commission, pursuant to Article 67(2) TFEU on European asylum policy, to use its powers to take all the measures required to protect these whistleblowers, who are particular vulnerable to severe reprisals in the country whose illegal or fraudulent practices they brought to public attention;

Amendment 209 #

Motion for a resolution
Paragraph 21

21. Calls on the Commission to propose the establishment of a similar body at EU level, with sufficient budgetary resources and adequate personnel, responsible for coordinating Member State activities, particularly in cross-border cases; believes that that European body should also be able to collect reports, verify their credibility and guide whistleblowers when the response given by the Member State is obviously not appropriate; suggests that the latter publish an annual report on the alerts received and their treatment; considers that the European Ombudsman’s mandate could be extended to serve that purpose;

Amendment 21 #

Motion for a resolution
Recital C

C. whereas whistleblowers play an important role in reporting unlawful or improper conduct which undermines the public interest; whereas whistleblowers are persons who draw the attention of their employers, public and private administrative authorities, judicial authorities and third parties to such unlawful or improper conduct which they have discovered in the performance of their duties and which they have an obligation to disclose on the grounds that the conduct in question is prejudicial to the public interest;

Amendment 21 #

Draft opinion
Paragraph -1 c (new)

-1 c. Regrets that the Commission has so far failed to submit any legislative proposals aimed at establishing a minimum level of protection for whistle- blowers; urges therefore the Commission to immediately submit a legislative proposal establishing an effective and comprehensive whistle-blower protection programme which includes such mechanisms for companies, public bodies and non-profit organisations, with a view affording effective and equivalent protection in the Member States and in all the Union's institutions, bodies, offices and agencies;

Amendment 210 #

Motion for a resolution
Paragraph 21

21. Calls on the Commission to pbro~~pose~~aden the ~~establishment of a similar body at EU level responsible for coordinating~~remit of the European Ombudsman to include the coordination at EU level of Member State activities, particularly in cross-border cases; believes that that ~~European body~~the Ombudsman should also be able to collect reports directly, verify their credibility and guide whistleblowers when the response given by the Member State is obviously not appropriate; ~~considers that the European Ombudsman’s mandate could be extended to serve that purpose;~~

Amendment 211 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 21

21. Calls on the Commission to propose the establishment of a similar body at EU level responsible for coordinating Member State activities, particularly in cross-border cases; believes that that European body should also be able to collect reports, verify their credibility, issue binding recommendations and guide whistleblowers when the response given by the Member State is obviously not appropriate; considers that the European Ombudsman’s mandate could be extended to serve that purpose;

Amendment 212 #

Motion for a resolution
Paragraph 21

21. Calls on the Commission to ~~propose the establishment of~~confer on a similar body at EU level responsibleility for coordinating Member State activities, particularly in cross-border cases; believes that that European body should also be able to collect reports, verify their credibility and guide whistleblowers when the response given by the Member State is obviously not appropriate; considers that the European Ombudsman’s mandate could be extended to serve that purpose;

Amendment 213 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 21 a (new)

21a. Takes the view that this independent body should be given the budget it needs to carry out all its tasks; calls on the Commission, in that connection, to set up a European fund for whistleblowers in order to cover the cost of protecting them, in particular when they disclose information which has cross-border implications or which concerns the EU's institutions and bodies;

Amendment 214 #

Motion for a resolution
Paragraph 21 a (new)

21a. 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; maintains that the results of the public consultation will present a valuable input for the Commission regarding a possible proposal on the effective protection of whistle-blowers in the future;

Amendment 215 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Jytte GUTELAND, Evelyn REGNER

Motion for a resolution
Paragraph 21 a (new)

21a. consider that, when the result of reporting by a whistleblower ends in a sentence of fiscal damage or damage to the public image, whistleblowers should be awarded with an amount of money proportionate to the recovered sum;

Amendment 216 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 21 a (new)

21a. Considers that whistleblowers should have a meaningful opportunity to provide input to subsequent investigations or inquiries based on their disclosures;

Amendment 217 #

Motion for a resolution
Paragraph 21 a (new)

21a. Believes that as once an alert has been recognized serious, it should lead to proper investigation and followed by appropriate measures;

Amendment 218 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 21 b (new)

21b. Considers that whistleblowers should be allowed to clarify their complaint and provide additional information or evidence during an investigation;

Amendment 219 #

Motion for a resolution
Paragraph 21 b (new)

21b. Encourages the Member States to develop data, benchmarks and indicators on whistle-blower policies in public and private sector;

Amendment 22 #

Motion for a resolution
Recital C

C. whereas a whistleblower~~s play an important role in rep~~ is a person who, by means of a courageous and civic-minded act, informs in good faith the persons or authoriti~~ng unlawful or improper conduct~~es which can put a stop to or punish it of conduct which is illegal or which undermines the public interest;

Amendment 22 #

Draft opinion
Paragraph -1 d (new)

-1 d. Notes that only a few Member States have introduced sufficiently advanced whistle-blower protection systems; calls on those Member States which have not yet adopted the principles to protect whistle-blowers in national law, to do so as soon as possible;

Amendment 220 #

Motion for a resolution
Paragraph 21 c (new)

21c. Calls on all EU institutions to address the Ombudsman's own initiative report of 24 July in 2014, in compliance with Article 22(c) of the new Staff Regulation, inviting all EU bodies to adopt ethical alert mechanisms and whistle-blowing legal frameworks directly bases on the internal rules of the Ombudsman's office; reiterates its determination to do so;

Amendment 221 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 21 c (new)

21c. Considers that whistleblowers should also have the right to review and comment on the outcome of the investigation related to their disclosure;

Amendment 23 #

Motion for a resolution
Recital C

C. whereas whistleblowers play an important role in reporting unlawful or improper conduct which undermines the public interest and the functioning of our societies;

Amendment 23 #

Draft opinion
Paragraph -1 d (new)

-1 d. Underlines that both the whistle- blowers and the private or public body or institution involved should ensure the legal protection of rights guaranteed by the EU Charter of Fundamental Rights and by national legal provisions;

Amendment 24 #

Julia REDA, Heidi HAUTALA, Pascal DURAND, Max ANDERSSON

Motion for a resolution
Recital C

C. whereas whistleblowers play an important role in reporting unlawful or improper conduct ~~which undermines~~and exposing information in the public interest;

Amendment 24 #

Draft opinion
Paragraph 1

1. Takes the view that, given the central role of whistle-blowers in tackling corruption, it is important that people who disclose information (whether confidential or otherwise) concerning alleged irregularities are afforded proper protection, both of their physical and moral integrity and their livelihoods, by being granted the highest possible level of confidentiality; calls therefore on the Commission to ensure that all whistle- blowers, as well as people who assist them, e.g. defence witnesses, pursue a valid claim in court, have access to independent legal advice of their own choice, social, financial and psychological support, as well as relief measures, as appropriate;

Amendment 25 #

Motion for a resolution
Recital C a (new)

Ca. whereas, however, the concept of the public interest recognised under EU law must not take precedence over respect for privacy or give rise to breaches of the right to protection of personal data, unless the law makes provision for such a step and provided that the essential nature of these rights is upheld and any action taken is consistent with the proportionality principle;

Amendment 25 #

Draft opinion
Paragraph 1

1. Takes the view that, given the central role of whistle-blowers in tackling corruption and exposing wrongdoing, it is imp~~ortant~~erative that people who disclose information (whether confidential or otherwise) concerning alleged irregularities, wrongdoing or threats to the public interest are afforded proper protection, both of their physical and moral integrity and of their livelihoods, by being granted the highest possible level of confidentiality and by being protected from retaliation as a result of their disclosure, including administrative, civil and criminal procedures;

Amendment 26 #

Motion for a resolution
Recital D

D. whereas a number of publicised whistleblowing cases have shown that whistleblowing brings serious wrongdoing in the private and public sectors to the attention of the public and of political authorities; whereas s~~uch~~ome of these wrongdoings have therefore been subject to corrective measures;

Amendment 26 #

Draft opinion
Paragraph 1

1. Takes the view that, given the central role of whistle-blowers in tackling corruption, it is important that people who disclose information (whether confidential or otherwise) concerning alleged irregularities are afforded proper protection, both of their physical and moral integrity and their livelihoods, by being granted the highest possible level of confidentiality; underlines that these people need access to juridical assistance in order to protect their rights as individuals, and may need psychological protection;

Amendment 27 #

Motion for a resolution
Recital D

D. whereas a number of publicised whistleblowing cases have shown that whistleblowing brings serious wrongdoing to the attention of the public and of political authorities; whereas such wrongdoings have therefore been subject to corrective measures, however, the scope of the legal provisions on whistleblowers should not cover matters relating to national security, medical secrecy or lawyer-client confidentiality;

Amendment 27 #

Daciana Octavia SÂRBU

Draft opinion
Paragraph 1

Amendment 28 #

Julia REDA, Max ANDERSSON, Pascal DURAND, Heidi HAUTALA

Motion for a resolution
Recital D

D. whereas a number of publicised whistleblowing cases have shown that whistleblowing brings ~~serious wrongdoing~~information of public interest such as unlawful or improper conduct to the attention of the public and of political authorities; whereas such ~~wrongdoings~~conduct haves therefore been subject to corrective measures;

Amendment 28 #

Draft opinion
Paragraph 1

1. Takes the view that, given the central role of whistle-blowers ~~in tackling corruption~~acting in the public interest in tackling corruption and other forms of crime, it is important that people who disclose information (whether confidential or otherwise) concerning alleged ~~irregularitie~~unlawful conducts are afforded proper protection, both of their physical and moral integrity and their livelihoods, namely by being granted the highest possible level of confidentiality;

Amendment 29 #

Motion for a resolution
Recital D a (new)

Da. whereas the safeguarding of confidentiality contributes to the creation of more effective channels for reporting fraud, corruption or other infringements, and whereas given the sensitivity of the information mismanagement of confidentiality may lead to undesired information leaks and a violation of the public interest of the Union and the Member States;

Amendment 29 #

Draft opinion
Paragraph 1

1. Takes the view that, given the central role of whistle-blowers in tackling corruption, it is important that people who disclose information (whether confidential or otherwise) concerning alleged irregularities or crimes are afforded proper protection, ~~both~~ of their physical and moral integrity ~~and~~, of their livelihoods~~, by being granted the highest possible level of~~ and legal expenses; believes that financial compensations should be confside~~ntiality~~red as prior claims for legal purposes;

Amendment 3 #

Motion for a resolution
Citation 3 a (new)

– having regard to Directive (EU) 2013/30 of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC,

Amendment 3 #

Draft opinion
Recital A a (new)

A a. whereas whistle-blowers played and are still playing an important role in cases such Lux Leaks, Swiss Leaks, Wiki Leaks and Panama Papers revelations, thus contributing to increased reforms to combat financial tax fraud, money laundering, intransparency and corruption, which infringe fundamental rights and hamper social, economic development and the rule of law;

Amendment 30 #

Motion for a resolution
Recital E

E. whereas whistleblowing has proved useful in a number of areas, such as public health, taxation, the environment, consumer protection, combating corruption, conflicts of interest and offences involving forgery or abuse of position, combating preferential and discriminatory treatment and upholding social rights;

Amendment 30 #

Daciana Octavia SÂRBU

Draft opinion
Paragraph 1 a (new)

1 a. Calls on the Commission to come up with a definition of whistle blowers that specify clearly ensure the whistle blowing it is done only for the public interest not for personal gain of the whistle blower.

Amendment 31 #

Motion for a resolution
Recital E

E. whereas whistleblowing, based on the principles of transparency and integrity, has proved useful in a number of areas, such as public health, taxation, the environment, consumer protection, combating corruption and upholding social rights in the public and private sector;

Amendment 31 #

Draft opinion
Paragraph 1 a (new)

1 a. Is convinced that the highest possible level of confidentiality should be granted to whistle-blowers and believes that anonymous disclosures should be admissible if supported by adequate evidences;

Amendment 32 #

Motion for a resolution
Recital E

E. whereas whistleblowing has proved useful in a number of areas, both in private and public sector, such as public health, taxation, the environment, consumer protection, combating corruption and upholding social rights;

Amendment 32 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Sylvia-Yvonne KAUFMANN, Jytte GUTELAND, Evelyn REGNER

Draft opinion
Paragraph 1 a (new)

1 a. Is convinced that the EU should take action by means of a horizontal legislation, in accordance with its objectives regarding democracy, pluralism of opinions and freedom of expression;

Amendment 33 #

Motion for a resolution
Recital E

E. whereas whistleblowing has proved useful in a number of areas, such as public health, taxation, ~~the~~ environment protection, consumer protection, combating corruption and upholding social rights;

Amendment 33 #

Draft opinion
Paragraph 1 b (new)

1 b. considers that, when the reporting made by a whistle-blower results in a judgement acknowledging a fiscal damage or a damage to the image of the public institutions, he should be awarded with an amount of money to be calculated in proportion to the recovered sum;

Amendment 34 #

Motion for a resolution
Recital E

E. whereas whistleblowing has proved useful in a number of areas, such as public health, taxation, the environment, consumer protection, and combating corruption and ~~upholding social rights~~breaches of labour law;

Amendment 34 #

György SCHÖPFLIN

Draft opinion
Paragraph 2

2. Calls on the Commission to look at the best practices employed in protecting whistle-blowers around the world and, on that basis, to take a holistic approach to the task of introducing a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors; reiterates its call for proposals to be submitted by the end of 2017; this protection should not be extended to those, who disclose information for reasons of personal gain or malice or “false flag” operations or espionage or hybrid warfare or subversion or all forms of criminality; above all, sanctions should be imposed on those who disseminate falsehoods;

Amendment 35 #

Motion for a resolution
Recital E a (new)

Ea. whereas such cases must be clearly defined, in the light of the duties performed by whistleblowers, the seriousness of the facts reported or the nature of the dangers revealed;

Amendment 35 #

Draft opinion
Paragraph 2

2. Calls on the Commission to look at the best practices employed in protecting whistle-blowers around the world and, on that basis, to take a holistic approach to the task of introducing a common regulatory framework in the EU which guarantees a high level of protection across the board in both the public and private sectors; ~~reiterates its call for proposals~~whilst ensuring that Member States are free to legislate on stronger protection for whistle-blowers; reiterates its call for horizontal proposals on whistleblower protection to be submitted by the end of 2017;

Amendment 36 #

Motion for a resolution
Recital E b (new)

Eb. whereas it is essential that the line between whistleblowing and informing should not be crossed; whereas it is not a matter of knowing everything about everyone, but rather of identifying instances of a failure to address threats to democracy;

Amendment 36 #

Draft opinion
Paragraph 2

2. Calls on the Commission to look at the best practices employed in protecting whistle-blowers around the world, especially in the EU Member States and, on that basis, to ~~tak~~elaborate a holistic approach to ~~the task of introducing~~propose a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors; reiterates its call for proposals to be submitted by the end of 2017;

Amendment 37 #

Julia REDA, Max ANDERSSON, Pascal DURAND, Heidi HAUTALA

Motion for a resolution
Recital F

F. whereas, in a number of cases, whistleblowers are subject to retaliatory action, intimidation and pressure with the intention of preventing or deterring them from whistleblowing or punishing them for having done so, whereas such pressure is particularly often exercised in the workplace where whistleblowers who have discovered information in the public interest in the context their working relationship may find themselves in a weaker position vis-à-vis employers;

Amendment 37 #

Draft opinion
Paragraph 2

Amendment 38 #

Motion for a resolution
Recital F a (new)

Fa. whereas whistleblower protection mechanisms need to be balanced and adequate safeguards should be put in place in order to prevent malicious or abusive reporting, to ensure that no undue harm is caused to the other parties’ interests and to guarantee that the legal rights of the persons against whom the reports are made are fully respected and their identity is protected throughout the investigation and judicial procedures;

Amendment 38 #

Draft opinion
Paragraph 2

2. Calls on the Commission to ~~look at the~~study best practices employed in protecting whistle-blowers around the world and, on that basis, to take a holistic approach to the task of introducing a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors; reiterates its call for proposals to be submitted by the end of 2017;

Amendment 39 #

Motion for a resolution
Recital F a (new)

Fa. whereas the protection of whistle- blowers should be guaranteed by law and reinforced throughout the EU, provided that the purpose of their action is to protect the public interest by acting in good faith and on reasonable grounds in accordance with the CFREU and the jurisprudence of the European Court of Human Rights;

Amendment 39 #

Charles GOERENS

Draft opinion
Paragraph 2

2. Calls on the Commission to look at the best practices employed in protecting whistle-blowers ~~around the world~~ and, on that basis, to take a holistic approach to the task of introducing a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors; reiterates its call for proposals to be submitted by the end of 2017;

Amendment 4 #

Motion for a resolution
Citation 3 b (new)

– having regard to Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC,

Amendment 4 #

Jean-Marie CAVADA, Robert ROCHEFORT, Virginie ROZIÈRE

Draft opinion
Recital A a (new)

A a. Whereas the current and sectorial protection offered to whistle-blowers is largely inadequate and is too disjointed to offer a coherent framework in the EU;

Amendment 40 #

Motion for a resolution
Recital F a (new)

Fa. whereas investigative journalism and the independent press remain vulnerable in the context of the disclosure of sensitive information, and whereas members of these professions must enjoy the same protection as the whistleblowers they protect in the name of the confidentiality of their sources;

Amendment 40 #

Draft opinion
Paragraph 2 a (new)

2 a. Recalls that several legal bases enables the EU to take action on the matter; calls on the Commission to consider all those options and to present a horizontal legislative proposal with the aim of proposing a coherent and effective protection to whistle-blowers;

Amendment 41 #

Motion for a resolution
Recital F b (new)

Fb. whereas it is essential to ensure that any kind of retaliation against whistle-blowers will be suitably punished;

Amendment 41 #

Draft opinion
Paragraph 2 a (new)

2 a. Calls on the Commission to guarantee whistle-blowers the right to directly report externally in cases of serious wrongdoings, or in cases in which internal channels are either ineffective or counter-productive;

Amendment 42 #

Motion for a resolution
Recital F c (new)

Fc. whereas the protection of whistle- blowers in the EU has become even more urgent and essential, as for instance the Trade Secrets Directive limits their rights and may thus have a discouraging effect on those who want to report irregularities in crucial areas, which may affect negatively public interests;

Amendment 42 #

Ramón JÁUREGUI ATONDO

Draft opinion
Paragraph 2 b (new)

2 b. Suggests article 114TFEU, on approximation of national legislations for the purposes of the internal market, as the appropriate legal basis for the introduction of a comprehensive and horizontal Directive for the harmonized minimum requirements for the protection of whistle-blowers;

Amendment 43 #

Motion for a resolution
Recital G

G. whereas the protection of whistleblowers is not guaranteed in ~~a number of~~some Member States, while many others have introduced advanced programmes to pro~~tect them~~vide them with comprehensive or at least substantial protection; whereas most Member States have provisions scattered across different laws, which creates uncertainty, and consequently whistleblowers may face a series of potential problems; whereas the result of that is a fragmented level of protection of whistleblowers in Europe, which makes it difficult for them to find out and enforce their rights and identify how to whistleblow, and creates legal insecurity in cross-border scenarios;

Amendment 43 #

Mercedes BRESSO, Ramón JÁUREGUI ATONDO

Draft opinion
Paragraph 2 b (new)

2 b. Calls on the Commission and Member States to safeguard the anonymity of those whistle-blowers who do not want their identities to be known;

Amendment 44 #

Julia REDA, Max ANDERSSON, Pascal DURAND, Heidi HAUTALA

Motion for a resolution
Recital G

G. whereas the protection of whistleblowers is not guaranteed in a number of Member States, while many others have introduced advanced programmes tohat offer different degrees of protect ~~them~~ion; whereas the result of that is fragmented protection of whistleblowers in Europe, which makes it difficult for them to find out their rights and how to whistleblow, and creates legal insecurity in cross-border scenarios;

Amendment 44 #

Draft opinion
Paragraph 2 c (new)

2 c. Stresses that the common regulatory framework should include a broad and clear legal definition of “whistle-blower” as well as a selection of tools for safeguarding protection against unjustified legal prosecution and retaliation, but also incentives to encourage the whistle-blower's contribution to exposing wrongdoings;

Amendment 45 #

Motion for a resolution
Recital G

G. whereas the protection of whistleblowers is not guaranteed in a number of Member States, while many others have introduced advanced programmes to protect them; whereas the result of that is fragmented protection of whistleblowers in Europe, which makes it difficult for them to find out their rights and how to whistleblow, and creates legal insecurity, especially in cross-border scenarios;

Amendment 45 #

Draft opinion
Paragraph 2 c (new)

2 c. Calls on the Commission to take into account the model of whistle-blower protection whereby public authorities are not allowed to try to discover the identities of whistle-blowers.

Amendment 46 #

Motion for a resolution
Recital G

G. whereas ~~the protection of whistleblowers is not guaranteed in a number of Member States~~a number of Member States do not have laws which offer whistleblowers appropriate protection, while many others have introduced advanced programmes to protect them; whereas the result of that is fragmented protection of whistleblowers in Europe, which makes it difficult for them to find out their rights and how to whistleblow, and creates legal insecurity in cross-border scenarios;

Amendment 46 #

Draft opinion
Paragraph 2 d (new)

2 d. Calls on the Commission and Member States to safeguard whistle- blowers from retaliation by their employer or other parties and to reverse the burden of proof so that it is the employer who must establish any changes or reprisals are unrelated to the protected disclosure;

Amendment 47 #

Motion for a resolution
Recital G a (new)

Ga. whereas in some Member States there is a generalised lack of resolve with regard to adopting and implementing legislation to protect the rights of whistleblowers, even though there is an obligation to identify and punish corruption, fraud and other offences;

Amendment 47 #

Draft opinion
Paragraph 2 d (new)

2 d. Considers it appropriate to settle a legal definition of "whistle-blowers" covering a broad scope of working relationships and covering disclosure of information on an unlawful or wrongful act or an act which undermines the public interest;

Amendment 48 #

Motion for a resolution
Recital G a (new)

Ga. whereas the office of 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 whistle-blowers;

Amendment 48 #

Draft opinion
Paragraph 2 e (new)

2 e. Considers it necessary to foster an ethical culture in the public service and in workplaces so as to highlight the importance of awareness-raising amongst employees of already existing whistle- blowing legal frameworks and in cooperation with trade union organisations;

Amendment 49 #

Motion for a resolution
Recital G b (new)

Gb. whereas there is a need for a careful assessment of the necessity and legal feasibility of drawing up and consolidating a balanced European legal framework for the protection of whistleblowers, which could provide the necessary stimulus for the EU Member States to implement corresponding legislation;

Amendment 49 #

Draft opinion
Paragraph 2 f (new)

2 f. Calls on the Member States to refrain from criminalising the actions of whistle-blowers in disclosing information in the public interest.

Amendment 5 #

Motion for a resolution
Citation 3 c (new)

– having regard to Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC,

Amendment 5 #

Charles GOERENS

Draft opinion
Recital A a (new)

A a. whereas whistle-blowers play an essential role in the protection of democracy and act in the benefit of public interest,

Amendment 50 #

Motion for a resolution
Recital G b (new)

Gb. whereas in many jurisdictions, and particularly in the private sector, employees are subject to duties of confidentiality with respect to certain information, with the possible consequence that whistle-blowers might encounter disciplinary actions for reporting outside of their working relationship;

Amendment 50 #

Draft opinion
Paragraph 2 g (new)

2 g. Notes that this protection must be also insured for the private or public person accused of such alleged irregularities which include i.e. procedural rights against defamation and calumny;

Amendment 51 #

Motion for a resolution
Recital G c (new)

Gc. whereas there should be a single balanced, uniform and comprehensive legal framework to protect whistleblowers, which should include both the public and private sector, in order to create a bridge overcoming the current divide regarding policies and existing practices in relation to people reporting the conduct concerned in businesses and in state institutions;

Amendment 51 #

György SCHÖPFLIN

Draft opinion
Paragraph 3

3. Takes the view that current EU law should be applied whenever appropriate by both the EU institutions and the Member States, except when issues of national security or counter-terrorism or the fight against organised crime are involved,and that it should be interpreted in such a way as to offer whistle-blowers the best possible protection;

Amendment 52 #

Motion for a resolution
Recital G c (new)

Gc. whereas according to a study of OECD more than one third of organisations with reporting mechanism do not have or do not know of a written policy on protecting whistle-blowers from reprisals;

Amendment 52 #

Draft opinion
Paragraph 3

3. Takes the view that current EU law should be ~~applied whenever appropriate by both the EU institutions and the Member States, and that it should be inter~~interpreted in such a way as to offer whistle-blowers the best possible protection; highlights that whistleblower preote~~d in such a way as to offer whistle-blowers the best possible protec~~ction has already been recognised as a key mechanism for ensuring the effective application of EU legislation;

Amendment 53 #

Motion for a resolution
Recital H

H. whereas the Commission has not proposed suitable legislative measures to protect whistle-blowers in the EU effectively; whereas, however, the Commission stated, for instance, in its communication of 5 July 2016, that the protection of whistle-blowers, in both the public and private sectors, helps to address mismanagement and irregularities, including cross-border corruption, which deprives European tax authorities of legitimate tax revenue;

Amendment 53 #

Draft opinion
Paragraph 3

3. Takes the view that current EU law should be applied whenever appropriate by both the EU institutions and the Member States, and that it should be interpreted in such a way as to offer whistle-blowers acting in the public interest the best possible protection;

Amendment 54 #

Motion for a resolution
Recital H

H. whereas ~~the Commission has not proposed suitable legislative measures to protect whistleblowers in the EU effectively~~EU law already contains rules protecting whistleblowers from certain forms of retaliation in different areas, ranging from audit and money laundering to trade secrets, safety of offshore oil and gas operations, market abuse, capital requirements and other instruments regulating financial services;

Amendment 54 #

Draft opinion
Paragraph 3

3. ~~Takes the view that~~Recalls that that, in the meanwhile, current EU law ~~should~~has to be applied whenever appropriate by both the EU institutions and the Member States, and ~~that it should~~ be interpreted in such a way as to offer whistle-blowers the best possible protection;

Amendment 55 #

Motion for a resolution
Recital H

H. whereas the Commission has not proposed suitable legislative measures to protect whistleblowers in the EU effectively, in particular in cases involving a Member State;

Amendment 55 #

Draft opinion
Paragraph 4

4. Calls on all the EU institutions and bodies to carry out comprehensive and effective follow-up work on the Ombudsman’s own-initiative report of 24 July 2014, ~~in keeping with~~building on Article 22 of the Staff Regulations, which provides for internal measures to protect whistle- blowers;

Amendment 56 #

Motion for a resolution
Recital H

H. whereas the Commission has not proposed suitable legislative measures to ~~protect whistleblower~~strengthen protection for whistleblowers and their rights in the EU in an effectively and uniform manner;

Amendment 56 #

Draft opinion
Paragraph 4 a (new)

4 a. Calls on all the EU institutions and bodies to carry out comprehensive and effective follow-up work on the Ombudsman’s own-initiative report of 24 July 2014, in keeping with Article 22 of the Staff Regulations, which provides for internal measures to protect whistle- blowers when acting in the public interest;

Amendment 57 #

Motion for a resolution
Recital H a (new)

Ha. whereas all EU institutions have been obliged since 1 January 2014 to introduce internal rules protecting whistle-blowers, who are officials of EU institutions, in accordance with articles 22a, 22b and 22c of the Staff Regulations;

Amendment 57 #

Draft opinion
Paragraph 5

5. Calls on Member States and EU institutions, in cooperation with all relevant authorities, to introduce and take all necessary measures to protect the confidentiality of the information sources in order to prevent any discriminatory actions or threats, as well as to establish transparent and clear channels for information disclosure, to set up independent national authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls for a centralised European authority based on the model of national privacy watchdogs to be set up.;

Amendment 58 #

Motion for a resolution
Recital H a (new)

Ha. whereas the Commission has launched a public consultation on whistleblower protection to assess the scope for horizontal or further sectorial action at EU level, while respecting the principle of subsidiarity

Amendment 58 #

Draft opinion
Paragraph 5

5. Calls on Member States to establish transparent and clear channels for information disclosure, to set up independent national authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls for a centralised European authority based on the model of national privacy watchdogs to be set up. to provide citizens with a single reporting channel and, whenjustified, legal and financial advices and protections, as well as anonymityand confidentiality;

Amendment 59 #

Motion for a resolution
Recital H b (new)

Hb. whereas protection of whistle- blowers at Member States level has neither been implemented in all Member States, nor harmonised, it may be risky for whistle-blowers to provide institutions such as the European Parliament with information on irregularities; as they are afraid of what might happen to them owing to the lack of protection;

Amendment 59 #

Charles GOERENS

Draft opinion
Paragraph 5

5. Calls on Member States to establish transparent and clear channels for information disclosure, ~~to set up independent national authorities to protect whistle-blowers, and to~~with clear and safe denounce protocols which guarantee the consfide~~r providing those authorities with specific support funds; calls for a centralised European authority based on the model of national privacy watchdogs to be set up~~ntiality of those who disclose the information.

Amendment 6 #

Motion for a resolution
Citation 6 a (new)

– having regard to its resolution of 14 February 2017 on the role of whistleblowers in the protection of EU’s financial interests (2016/2055(INI)),

Amendment 6 #

Draft opinion
Recital A b (new)

A b. whereas whistleblowing, based on the principles of transparency and integrity, is an essential source of information in the fight against crime and in the investigation of corruption in the public and private sector; whereas whistle-blowers play an essential role in helping Member State and EU institutions and bodies prevent and tackle, among others, any breaches of the principle of integrity and misuse of power that threaten or violate public health and safety, financial integrity, the economy, human rights, the environment or the rule of law at EU and national levels, or the raise of unemployment, restrict or distort fair competition and undermine the trust of citizens in democratic institutions and processes;

Amendment 60 #

Julia REDA, Max ANDERSSON, Pascal DURAND, Heidi HAUTALA

Motion for a resolution
Recital I

I. whereas Parliament has repeatedly called for the horizontal protection of whistleblowers in the EU;

Amendment 60 #

Draft opinion
Paragraph 5

5. Calls on Member States to establish transparent and clear channels for information disclosure, to set up independent national authorities to protect whistle-blowers acting in the public interest, and to consider providing those authorities with specific support funds; calls for a centralised European authority based on the model of national privacy watchdogs to be set up.

Amendment 61 #

Motion for a resolution
Recital I a (new)

Ia. whereas any third-country national recognised as a whistleblower by the European Union or one of its Member States must be entitled to all the relevant protection measures if, whether in the course of his or her duties or otherwise, he or she has come into the possession of and disclosed information about illegal conduct or acts of espionage, committed either by a third country or by a domestic or multinational company, which are prejudicial to a State, a nation or Union citizens and jeopardise, without their knowledge, the integrity of a government, national security or collective or individual freedoms;

Amendment 61 #

Draft opinion
Paragraph 5

5. Calls on Member States to establish transparent and clear channels for information disclosure, to set up independent national authorities to protect whistle-blowers, and to consider providing those authorities with specific support funds; calls for ~~a centralised European authority based on the model of national privacy watchdogs to be set up.~~the establishment of a European find for the protection of whistle-blowers;

Amendment 62 #

Motion for a resolution
Recital J a (new)

Ja. whereas it is vital for a horizontal, comprehensive framework to be established as a matter of urgency, which by laying down rights and obligations, protects effectively whistle-blowers throughout the Member States of the EU, as well as in the EU institutions, authorities and organisations;

Amendment 62 #

Draft opinion
Paragraph 5 a (new)

5 a. Stresses the need to establish an independent information-gathering, and referral EU body, with offices in all Member States, which should be in position to receive reports of irregularities in private or public sector, 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, while protecting their confidentiality and offering needed support and advice; considers it necessary that the work of this body would be primarily based at first stage on reliable verification of the information received;

Amendment 63 #

Motion for a resolution
Paragraph –1 (new)

-1. Calls on the Commission to study and promote best practices employed in protecting whistle-blowers around the world and, on the basis, to take a holistic approach to the task of introducing a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors;

Amendment 63 #

Draft opinion
Paragraph 5 a (new)

5 a. Highlights than whistle-blowers' reports should be quickly and seriously investigated, and that both the whistle- blower and any person implicated by a disclosure should be able to provide additional arguments and evidence throughout the investigation, and they should be kept informed of the handling of the disclosure;

Amendment 64 #

Motion for a resolution
Paragraph 1

1. Calls on the Commission to present a horizontal legislative proposal with a ~~view to effectively protecting~~n holistic approach to the task of introducing a common regulatory framework which guarantees a high level of protection across the board in both the public and private sectors for whistleblowers in the EU before the end of this year; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a coherent and effective mechanism; calls on the Commission to consider the doctrine elaborated by the CJEU, through long-standing case-law, about the concept of implied competences of the Union;

Amendment 64 #

Draft opinion
Paragraph 5 a (new)

5 a. Encourages Member States to promote a culture of recognition of the important role played by whistle-blowers for the society, also through awareness- raising campaigns;

Amendment 65 #

Motion for a resolution
Paragraph 1

1. Calls on the Commission to present before the end of this year a horizontal legislative proposal ~~with a view to effectively protecting whistleblowers in the EU before the e~~establishing an effective and comprehensive whistle- blower protection programme, which should also include such mechanisms for companies, public bodies, national and European institutions, and non-profit organisations, with a view affording effective and equivalent protection in the Member States and ofin th~~is year~~e EU institutions, bodies, offices and agencies; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a coherent and effective mechanism;

Amendment 65 #

Draft opinion
Paragraph 5 a (new)

5 a. Recommends that the EU institutions lead by example by swiftly installing an internal whistle-blowing protection framework;

Amendment 66 #

Motion for a resolution
Paragraph 1

1. Calls on the Commission to present a horizontal legislative proposal with a view to effectively protecting whistleblowers in the EU before the end of this year; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a balanced, coherent and effective mechanism that will guarantee, at EU level, uniform protection for the rights of whistleblowers in both the public and private sector;

Amendment 66 #

Draft opinion
Paragraph 5 b (new)

5 b. Urges the Member States and the EU institutions to raise awareness of the serious concerns of defenceless whistle- blowers; recommends, particularly the Commission, to provide a comprehensive plan on this issue; calls in this context for a website to be launched where information on the protection of whistle- blowers should be provided, as well as complaints can be submitted; stresses that this website should be easy accessible to the public and should keep their data anonymous;

Amendment 67 #

Motion for a resolution
Paragraph 1

1. Calls on the Commission to present a horizontal legislative proposal, with respect for existing national legislations and without limiting the possibility for Member States to take further measures, with a view to effectively protecting whistleblowers in the EU before the end of this year; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a coherent and effective mechanism;

Amendment 67 #

Draft opinion
Paragraph 5 c (new)

5 c. Recommends the establishment of a special unit with a reporting line as well as dedicated facilities (e.g. hotlines, websites, contact points) within European Parliament and within each national Parliament of the Member States for receiving relevant information from whistle-blowers, which will also provide them with advice and help in protecting them against any possible retaliatory;

Amendment 68 #

Motion for a resolution
Paragraph 1

1. Calls on the Commission, after assessing the options available, to present a horizontal legislative proposal, which should ideally be horizontal, with a view to effectively protecting whistleblowers in the EU ~~before the end of this year~~as soon as possible; stresses that there are at present a number of possibilities for legal bases enabling the EU to take action on the matter; calls on the Commission to consider all those possibilities with the aim of proposing a coherent and effective mechanism;

Amendment 68 #

Draft opinion
Paragraph 5 d (new)

5 d. Calls for the Commission to provide a clear legal framework that guarantees that whistle-blowers exposing irregularities, unlawful or unethical activities are fully protected from all forms of retaliation; urges the Member States to refrain from criminalizing the actions of whistle-blowers in disclosing information about illegal activities or irregularities harmful to some interests of public or private sector;

Amendment 69 #

Motion for a resolution
Paragraph 1

1. Calls on the Commission to ~~present a horizontal legislative proposal~~assess on an appropriate legal basis enabling EU to take further action with a view to effectively protecting whistleblowers acting in the public interest in the EU, before the end of this year; ~~stresses that the~~in this re gar~~e at present a number of possibilities for legal bases enabling the EU to take action on the matt~~d, calls on the Commission to assess whether and to what extent the protection of whistleblower;s ca~~lls on the Commission to consider all those possibilities with th~~n be considered indispensable for the effective aim ~~of proposing a coherent and effective mechanism~~plementation of the competences of the EU;

Amendment 69 #

Draft opinion
Paragraph 5 e (new)

5 e. 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; maintains that the results of the public consultation will present a valuable input for the Commission regarding a possible proposal on the protection of whistle-blowers in the future;

Amendment 7 #

Motion for a resolution
Citation 6 a (new)

– having regard on the resolution 1729 (2010) of the Parliamentary Assembly of the Council of Europe on the protection of whistle-blowers,

Amendment 7 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Jytte GUTELAND, Evelyn REGNER

Draft opinion
Recital A b (new)

A b. whereas EU law already contains certain provisions protecting whistle- blowers against reprisals,but does not yet provide for horizontal legislation applying to all public and private bodies; whereas fragmented provisions might prove inefficient, creates loopholes and discrimination;

Amendment 70 #

Motion for a resolution
Paragraph 1

Amendment 70 #

Draft opinion
Paragraph 5 f (new)

5 f. Encourages the Member States to develop data, benchmarks and indicators on whistle-blower policies in both the public and private sector;

Amendment 71 #

Motion for a resolution
Paragraph 1 a (new)

1a. Highlights the need for legal certainty regarding the protective provisions afforded to whistle-blowers, as a continued lack of clarity and a fragmented approach deters potential whistle-blowers from coming forward; points out therefore that relevant EU legislation should establish a clear procedure for properly handling disclosures and effectively protecting whistle-blowers;

Amendment 71 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Sylvia-Yvonne KAUFMANN, Evelyn REGNER

Draft opinion
Paragraph 5 g (new)

5 g. Underlines the importance of guaranteeing that whistle-blowers can report infringements in confidential way and that their anonymity is properly and fully safeguarded, also in the digital environment;

Amendment 72 #

Motion for a resolution
Paragraph 1 a (new)

1a. Recalls that any future normative framework should take into account the rules, rights and duties that govern and impact on employment; further emphasises that this should be done in consultation with social partners and in compliance with collective bargaining agreements;

Amendment 72 #

Draft opinion
Paragraph 5 h (new)

5 h. Calls on all EU institutions to address the Ombudsman's own initiative report of 24 July 2014, in compliance with Article 22(c) of the new Staff Regulation, inviting all EU bodies to adopt ethical alert mechanisms and whistle-blowing legal frameworks directly based on the internal rules of the Ombudsman's office; reiterates its determination to do so;

Amendment 73 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 1 a (new)

1a. Notes that the theory of implied powers allows the European Commission to propose legislation on a combination of multiple legal bases, considers that this approach could further the goal of horizontal protection of whistleblowers;

Amendment 73 #

Draft opinion
Paragraph 5 i (new)

5 i. Calls on the Member States and the Commission to draw up a strict legal framework which will enable businesses to establish internal whistle-blower systems, properly defining the concept of a reasonable period for a reply from the undertaking, and ensuring that these systems comply with social legislation and the law protecting personal data;

Amendment 74 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 1 b (new)

1b. Notes the high number of whistleblowing cases in workplace context, considers that next to the protection of the public interest and the rule of law, the protection of workers is an important goal of horizontal whistleblower legislation, which could be reflected in the legal basis of the future Commission proposal; considers however that whistleblowers should also be protected in cases that fall outside employer-employee relationships, including the self-employed, entrepreneurs, freelancers, consultants, temporary workers, interns, lawyers, board members, volunteers or people involved in an ongoing recruitment process;

Amendment 74 #

Draft opinion
Paragraph 5 j (new)

5 j. Highlights the need for legal certainty regarding the protective provisions afforded to whistle-blowers, as a continued lack of clarity and a fragmented approach deters potential whistle-blowers from coming forward, and is detrimental to their employers; points out therefore that relevant EU legislation should establish a clear procedure for handling disclosures from start to finish to ensure proper follow through on the actions taken by whistle- blowers.

Amendment 75 #

Motion for a resolution
Paragraph 1 b (new)

1b. Stresses that protection of whistle- blowers should be harmonised at EU level; suggests that a clear horizontal EU legal framework providing effective protection of whistle-blowers in the public and private sectors and properly complemented, where needed, by sectorial rules would be the most efficient approach in order to ensure comprehensive and genuine protection of whistleblowers; highlights that this framework should include, among others, concrete definitions, effective protection measures against any forms of reprisals, and exemptions from criminal and civil proceedings, according to criteria to be established;

Amendment 76 #

Motion for a resolution
Paragraph 1 c (new)

1c. Is of the opinion that any measures taken for the protection of whistle-blowers should be tailored to fit national contexts, as implementing an identical protection mechanism in all Member States may result in dysfunctional behaviour and needless costs; stresses, however, that existing cultural differences should not detract from the need for effective legal protection of whistle-blowers;

Amendment 77 #

Motion for a resolution
Paragraph 1 d (new)

1d. Regrets that the Commission has so far failed to submit any legislative proposals aimed at establishing at least a minimum level of protection for whistle- blowers;

Amendment 78 #

Motion for a resolution
Paragraph 1 e (new)

1e. Deplores that only a few Member States have introduced sufficiently advanced whistle-blower protection systems; calls on those Member States which have not yet adopted such systems or relevant principles in national law, to do so as soon as possible;

Amendment 79 #

Motion for a resolution
Paragraph 2

2. Takes ‘whistleblower’ to mean 2. anybody who in good faith and on reasonable grounds reports on or reveals information on an unlawful or wrongful act or an act which undermines or endangers the public interest, usually but not only in the context of hiser or heris working relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities; this includes also individuals who are outside the traditional employee- employer relationship, such as consultants, contractors, trainees/interns, volunteers, student workers, temporary workers and former employees; this 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 8 #

Motion for a resolution
Citation 6 b (new)

– having regard on the resolution 2060 (2015) of the Parliamentary Assembly of the Council of Europe on improving the protection of whistle- blowers,

Amendment 8 #

Draft opinion
Recital A b (new)

A b. whereas whistle-blowers protection in Europe is incomplete, sectorial and uneven among Member States (and in some cases, completely missing) with negative consequences, among others, on EU policies and financial interests;

Amendment 80 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

Motion for a resolution
Paragraph 2

2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information ~~on an unlawful or wrongful act or an act which undermines the public interest,~~in the public interest, including the European public interest, such as an unlawful or wrongful act which is or may be prejudicial to the public interest or information whose publication appears necessary in order to protect the public interest, irrespective of how the person concerned obtained the information in question; emphasises that this should include, but not be confined to, reporting in the context of his or her present or past working relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities;

Amendment 81 #

Motion for a resolution
Paragraph 2

2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information on an unlawful or wrongful act or an act which undermines the public interest, in the context of his or her working relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities; this includes individuals who are outside the traditional employee- employer relationship, such as consultants, contractors, trainees/interns, volunteers, student workers, temporary workers and former employees;

Amendment 82 #

Motion for a resolution
Paragraph 2

2. Takes ‘whistleblower’ to mean anybody who, in good faith, reports on or reveals information on an unlawful or wrongful act or an act which undermines the public interest, in the context of his or her working relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities;

Amendment 83 #

Motion for a resolution
Paragraph 2

2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information on an unlawful or wrongful act ~~or an act which undermines the public interest,~~, a serious threat or instance of damage which undermines the public interest and which has come to his or her attention in the context of his or her working relationship, be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities;

Amendment 84 #

Motion for a resolution
Paragraph 2

2. Takes ‘whistleblower’ to mean anybody who reports on or reveals information on an unlawful or wrongful act ~~or an act which undermines~~which represents a threat or harm to the public interest, in the context of his or her work~~ing~~-based relationship, be it in the public or private sector~~, of a contractual relationship, or of his or her trade union or association activities~~;

Amendment 85 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Evelyn REGNER

Motion for a resolution
Paragraph 2

2. Takes ‘whistleblower’ to mean anybody who ~~reports on or reveals information on~~, in a courageous and civic- minded gesture, reports in good faith to the authorities which can put a stop to it or punish it an unlawful ~~or wrongful~~ act or an act ~~which undermines~~prejudicial to the public interest, ~~in the context of his or her working relationship,~~ be it in the public or private sector, of a contractual relationship, or of his or her trade union or association activities;

Amendment 86 #

Motion for a resolution
Paragraph 2 a (new)

2a. considers that individuals who are outside the traditional employee-employer relationship, such as consultant, contractors, trainees, volunteers, students workers, temporary workers, former employees as well as citizens should also be given access to reporting channels and appropriate protection when they reveal information on an unlawful or wrongful act or an act which undermines the public interest;

Amendment 87 #

Motion for a resolution
Paragraph 2 a (new)

2a. Takes the view that the definition of whistleblower should reassert the principles of ethical conduct, good faith, disinterest and freedom;

Amendment 88 #

Motion for a resolution
Paragraph 3

3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest, criminal offences, breaches of legal obligation, miscarriages of justice, abuse of authority, unlawful use of public funds, misuse of powers, threats to the environment, health, public safety, ~~nation~~the rule of law, national and global security, ands well as privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights; and acts to cover up any of these breaches;

Amendment 89 #

Pascal DURAND, Heidi HAUTALA, Julia REDA, Max ANDERSSON

3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest, ~~unlawful use~~mismanagement of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on consumers' and workers’ rights and other social rights, andbuses of power, attacks on human rights and fundamental freedoms and any act intended to conceal a breach of the public interest;

Amendment 9 #

Motion for a resolution
Citation 6 c (new)

– having regard to its resolution of 16 December 2015 with recommendations to the Commission on bringing transparency, coordination and convergence to corporate tax policies in the Union (2015/2010(INL)),

Amendment 9 #

Draft opinion
Recital A c (new)

A c. whereas the protection of whistle- blowers is essential for safeguarding the public good of the EU and Member States and for promoting the democratic quality of, and the trust in, public and private institutions, as well as for contributing decisively to a culture of public accountability and integrity in public and private institutions;

Amendment 90 #

Virginie ROZIÈRE, Sergio Gaetano COFFERATI, Tiemo WÖLKEN, Sylvia-Yvonne KAUFMANN, Jytte GUTELAND, Evelyn REGNER

Motion for a resolution
Paragraph 3

3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, criminal offences, breaches of legal obligation, miscarriages of justice, abuse of authority, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights, and acts to cover up any of these breaches;

Amendment 91 #

Motion for a resolution
Paragraph 3

3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, criminal offences, breaches of legal obligation, miscarriage of justice, abuse of authority, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights and acts to cover up any of these breaches;

Amendment 92 #

Motion for a resolution
Paragraph 3

3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest, unlawful use of public funds, in particular illicit financial flows and the inequitable allocation of public resources, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights;

Amendment 93 #

Motion for a resolution
Paragraph 3

3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other ~~social rights~~breaches of labour law and attacks on human rights;

Amendment 94 #

Motion for a resolution
Paragraph 3

3. Considers that a breach of the public interest includes, but is not limited to, acts of corruption, ~~conflicts of interest,~~ unlawful use of public funds, threats to the environment, public health, public safety~~, national security~~ and privacy and personal data protection, tax avoidance, ~~attacks on~~serious violation of workers’ rights and other social rights and attacks on human rights;

Amendment 95 #

3. Considers that a breach of the public interest includes~~, but is not limited to,~~ acts of corruption, conflicts of interest, unlawful use of public funds, threats to the environment, health, public safety, national security and privacy and personal data protection, tax avoidance, attacks on workers’ rights and other social rights and attacks on human rights;

Amendment 96 #

Motion for a resolution
Paragraph 3 a (new)

3a. Makes it clear, however, that the concept of the public interest recognised under EU law must not take precedence over respect for privacy or give rise to breaches of the right to protection of personal data, unless the law makes provision for such a step and provided that the essential nature of these rights is upheld and any action taken is consistent with the proportionality principle;

Amendment 97 #