BETA


2018/0106(COD) Protection of persons reporting on breaches of Union law

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI ROZIÈRE Virginie (icon: S&D S&D) DIDIER Geoffroy (icon: PPE PPE), DZHAMBAZKI Angel (icon: ECR ECR), CAVADA Jean-Marie (icon: ALDE ALDE), CHRYSOGONOS Kostas (icon: GUE/NGL GUE/NGL), DURAND Pascal (icon: Verts/ALE Verts/ALE)
Committee Opinion INTA
Committee Opinion CONT DE JONG Dennis (icon: GUE/NGL GUE/NGL) Nedzhmi ALI (icon: ALDE ALDE), Benedek JÁVOR (icon: Verts/ALE Verts/ALE), Gilles PARGNEAUX (icon: S&D S&D)
Committee Opinion ECON VIEGAS Miguel (icon: GUE/NGL GUE/NGL) Jeppe KOFOD (icon: S&D S&D), Werner LANGEN (icon: PPE PPE), Ramon TREMOSA i BALCELLS (icon: ALDE ALDE)
Committee Opinion EMPL SYLIKIOTIS Neoklis (icon: GUE/NGL GUE/NGL) Czesław HOC (icon: ECR ECR), Jean LAMBERT (icon: Verts/ALE Verts/ALE)
Committee Opinion ENVI OMARJEE Younous (icon: GUE/NGL GUE/NGL) Nessa CHILDERS (icon: S&D S&D), Benedek JÁVOR (icon: Verts/ALE Verts/ALE), Mihai ŢURCANU (icon: PPE PPE)
Committee Opinion ITRE
Committee Opinion IMCO
Committee Opinion TRAN
Committee Opinion AGRI
Committee Opinion CULT MALTESE Curzio (icon: GUE/NGL GUE/NGL) Damian DRĂGHICI (icon: S&D S&D)
Committee Opinion LIBE PAGAZAURTUNDÚA Maite (icon: ALDE ALDE) József NAGY (icon: PPE PPE), Barbara SPINELLI (icon: GUE/NGL GUE/NGL), Helga STEVENS (icon: ECR ECR)
Committee Opinion AFCO JÁUREGUI ATONDO Ramón (icon: S&D S&D) Max ANDERSSON (icon: Verts/ALE Verts/ALE), Jérôme LAVRILLEUX (icon: PPE PPE), Morten MESSERSCHMIDT (icon: ECR ECR)
Committee Opinion PETI
Committee Legal Basis Opinion JURI VOSS Axel (icon: PPE PPE)
Committee Legal Basis Opinion JURI LEBRETON Gilles (icon: ENF ENF)
Lead committee dossier:
Legal Basis:
Euratom Treaty A 031, TFEU 016-p2, TFEU 033, TFEU 043, TFEU 050-p1, TFEU 053-p1, TFEU 062, TFEU 091, TFEU 100-p2, TFEU 103-p1, TFEU 109, TFEU 114, TFEU 168, TFEU 169-p3, TFEU 192-p1, TFEU 207, TFEU 325-p4

Events

2019/11/26
   Final act published in Official Journal
Details

PURPOSE: to strengthen the protection of persons reporting on breaches of Union law (whistleblowers).

LEGISLATIVE ACT: Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.

CONTENT: the purpose of the Directive is to strengthen the application of Union law and policies in specific areas by establishing common minimum standards ensuring a high level of protection for persons reporting violations of Union law. Whistleblowers are important for the proper functioning of a democratic system based on the rule of law.

Scope of application

The Directive ensures a high level of protection for whistleblowers in a wide range of areas such as public procurement, financial services, prevention of money laundering, public health, food safety and violations affecting the Union's financial interests. This Directive shall not affect the responsibility of Member States to ensure national security or their power to protect their essential security interests.

Protection of reporting persons under the new rules

This Directive shall apply to reporting persons working in the private or public sector who acquired information on breaches in a work-related context. It shall also apply to reporting persons also where they report or disclose information acquired in a work-based relationship which has since ended. The measures for the protection of reporting persons shall also apply to facilitators and to third persons connected with the reporting persons and who may suffer retaliation in a work-related context, such as colleagues or relatives of the reporting person.

Creation of secure internal and external reporting channels

The new rules require private sector legal entities with more than 50 employees and public sector entities to establish channels and procedures for internal reporting. Reporting channels may be managed internally by a person or department designated for this purpose or provided externally by a third party. Member States may exempt from this obligation municipalities with less than 10 000 inhabitants or less than 50 workers.

Reporting persons shall report information on breaches using the channels and procedures, after having first reported through internal reporting channels, or by directly reporting through external reporting channels.

Member States shall encourage reporting through internal reporting channels before reporting through external reporting channels, where the breach can be addressed effectively internally and where the reporting person considers that there is no risk of retaliation.

Reporting obligations and feedback

Authorities and companies shall ensure prompt follow-up of alerts and follow up on whistleblower reports within 3 months from the expiry of the 7-day period following the alert (this period may, in duly justified cases, be extended to 6 months for external channels). The competent authorities shall communicate to the reporting person the final outcome of investigations triggered by the report.

Public disclosures

The Directive sets out the conditions to be met for a person to be protected by the new rules in the event that he or she discloses information.

A person who publicly discloses information on breaches shall be protected if he or she first made a report through internal and external channels and had reasonable grounds to believe that the offence may represent an imminent or manifest danger to the public interest, such as an emergency situation or a risk of irreversible damage.

Member States shall ensure that the identity of the informant is not disclosed without the explicit consent of the informant to any person other than staff members authorised to receive and/or follow up on reports.

Support and protection measures

The Directive prohibits any form of retaliation, including threats and attempted retaliation, direct or indirect, in particular in the form of dismissal, demotion or refusal of promotion. It requires Member States to take a series of measures to ensure that informants are protected against reprisals.

Member States shall provide whistleblowers with comprehensive and independent information on available procedures, free advice and legal assistance during the procedure. During the latter, whistleblowers shall also be able to benefit from financial and psychological support.

The rights and remedies provided for in the Directive may not be waived or limited by any agreement or policy, form of employment or working conditions, including an arbitration agreement.

ENTRY INTO FORCE: 16.12.2019.

TRANSPOSITION: 17.12.2021.

2019/10/23
   CSL - Draft final act
Documents
2019/10/23
   CSL - Final act signed
2019/10/23
   EP - End of procedure in Parliament
2019/10/08
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2019/10/08
   CSL - Council Meeting
2019/08/08
   EC - Commission response to text adopted in plenary
Documents
2019/04/16
   EP - Results of vote in Parliament
2019/04/16
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 591 votes to 29, with 33 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law.

The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:

Common minimum standards to protect whistleblowers

The proposed Directive shall aim to enhance the enforcement of Union law and policies in specific areas by laying down common minimum standards providing for a high level of protection of persons reporting on breaches in a wide range of areas, including public procurement, financial services, product and transport safety, nuclear safety, public health, consumer protection, personal data protection and breaches of competition and state aid rules.

The Directive shall not affect the responsibility of Member States to ensure national security and their power to protect their essential security interests. It shall not affect the protection of confidentiality of communications between lawyers and their clients.

Scope

This Directive shall apply to reporting persons working in the private or public sector who acquired information on breaches in a work-related context. It shall also apply to reporting persons also where they report or disclose information acquired in a work-based relationship which has since ended. The measures for the protection of reporting persons shall also apply to facilitators and to third persons connected with the reporting persons and who may suffer retaliation in a work-related context, such as colleagues or relatives of the reporting person.

Conditions for protection of reporting persons

Persons reporting information on breaches falling within the areas covered by this Directive shall qualify for protection provided that:

- they had reasonable grounds to believe that the information reported was true at the time of reporting and that the information fell within the scope of this Directive;

- they reported internally in accordance with the Directive and externally, or directly externally or publicly disclosed information.

Persons who reported or publicly disclosed information anonymously but were subsequently identified shall nonetheless qualify for protection in case they suffer retaliation.

Obligation to establish internal channels and procedures for reporting and monitoring

Legal entities in the private and public sectors shall establish internal channels and procedures for reporting and following up on reports. The use of internal channels shall be encouraged before any external reporting, where the offence can be effectively remedied internally and the reporting person considers that there is no risk of retaliation.

Member States may exempt from the obligation referred to in paragraph 1 municipalities with less than 10 000 inhabitants, or less than 50 employees, or other entities with less than 50 employees.

Legal entities in the private sector with 50 to 249 employees may share resources as regards the receipt and possibly also the investigations of reports. This is without prejudice to their obligations to maintain confidentiality and to give feedback, and to address the reported breach.

Internal reporting procedures

These procedures shall include the following elements:

- channels for receiving the reports ensuring the confidentiality of the identity of the reporting person;

- an acknowledgment of receipt of the report to the reporting person within no more than seven days of that receipt;

- the designation of an impartial person or department competent for following up on the reports;

- diligent follow up where provided for in national law as regards anonymous reporting;

- a reasonable timeframe to provide feedback to the reporting person about the follow-up to the report, not exceeding three months from the acknowledgment of receipt of or if no acknowledgement was sent, from the expiry of the seven-day period after the report was made;

- clear and easily accessible information regarding the conditions and procedures for reporting externally to competent authorities and, where relevant, to institutions, bodies, offices or agencies of the Union.

External reporting

Informants may also provide information on breaches by using external channels after using the internal channel or by reporting directly to the competent authorities. Member States shall designate the competent authorities to receive, provide feedback on or follow up on reports. The competent authorities shall inform the reporting person of the final outcome of investigations.

Public disclosures

A person who publicly discloses information on breaches shall be protected if he or she first made a report through internal and external channels and had reasonable grounds to believe that the offence may represent an imminent or manifest danger to the public interest, such as an emergency situation or a risk of irreversible damage.

Member States shall ensure that the identity of the informant is not disclosed without the explicit consent of the informant to any person other than staff members authorised to receive and/or follow up on reports.

Prohibition of retaliation

The proposed Directive prohibits any form of retaliation, including threats and attempts at retaliation, direct or indirect, in particular in the form of dismissal, demotion or refusal of promotion.

Member States shall provide whistleblowers with comprehensive and independent information on available procedures, free advice and legal assistance during the procedure. During the latter, whistleblowers may also benefit from financial and psychological support.

Documents
2019/04/15
   EP - Debate in Parliament
2019/04/10
   EP - Amendments tabled in committee
Documents
2019/04/09
   EP - Amendments tabled in committee
Documents
2019/03/25
   EP - Specific opinion
Documents
2019/03/15
   CSL - Coreper letter confirming interinstitutional agreement
2019/03/01
   EP - LEBRETON Gilles (ENF) appointed as rapporteur in JURI
2018/12/10
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2018/11/28
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2018/11/27
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Legal Affairs adopted the report by Virginie ROZIÈRE (S&D, FR) on the proposal for a directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law.

The Committee on Economy and Monetary Affairs, exercising its prerogative as an associated committee in accordance with Article 54 of the Rules of Procedure, also gave its opinion on the report.

The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.

Purpose : the purpose of the proposed Directive is to enhance the protection of persons reporting breaches of Union law and to enhance the enforcement of the latter in order to safeguard the public interest, by laying down common minimum standards for the protection of persons reporting on unlawful activities or abuses of law.

Material scope : the amended text stipulates the proposed Directive seeks to lay down common minimum standards for the protection of persons reporting on unlawful activities or abuse of law including breaches of Union acts that relate, inter alia , to employment, working conditions, workers' rights and the principle of equal opportunities and treatment between men and women at work.

Personal scope : t he Directive shall apply to reporting persons and facilitators, acting in good faith , working in the private or public sector and who acquired information on breaches in a work-related context including persons having the status of worker, including civil servants.

The Directive shall also apply to reporting persons acting in good faith whose work-based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre-contractual negotiation, as well as to reporting persons whose work-based relationship has ceased .

Obligation to establish internal channels and procedures for reporting and follow-up of reports : Member States shall ensure that employers and other legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports, following consultation and in agreement with the social partners.

Member States may exclude from the legal entities in the private sector the following private legal entities:

private legal entities with fewer than 250 employees; private legal entities with an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding EUR 43 million.

Procedures for internal reporting and follow-up of reports : the procedures for reporting and following-up of reports shall include the following:

a confidential acknowledgment of receipt of the report to the reporting person within no more than seven days of that receipt; the designation of an impartial person or independent department competent for following up on the reports; diligent follow up as regards anonymous reporting; a reasonable timeframe, not exceeding two months from the acknowledgment of receipt of the report, to provide feedback to the reporting person about the follow-up to the report. That timeframe may be extended to four months, where necessary due to the specific circumstances of the case; the possibility for the reporting person to be consulted and to present comments during the course of the investigation and the possibility for those comments to be taken into account where deemed relevant by the person or department concerned.

Record-keeping of reports received : Member States shall ensure that competent authorities keep records of every report received, in compliance with the confidentiality requirements provided for in this Directive. The reports shall be stored for no longer than is necessary and proportionate in view of the reporting procedure and shall be deleted as soon as the reporting procedure has been completed.

Duty of maintaining the confidentiality of the identity of reporting persons : Members stressed that the identity of a reporting person may not be disclosed without the reporting person’s explicit consent. This confidentiality requirement shall also apply to information that may be used to discover the identity of the reporting person.

Remedial measures : Member States shall take the necessary measures to ensure remedies and full compensation for damages suffered by reporting persons. Such remedial measures may take the following forms: (i) reintegration; (ii) restoration of a cancelled permit, licence or contract; (iii) compensation for actual or future financial losses; (iv) compensation for other economic damages or non-material damages.

Penalties : Member States shall ensure that effective, proportionate and dissuasive penalties are applicable to reporting persons making reports or disclosures demonstrated to be knowingly false, and that measures are in place for compensating persons who have suffered damage from such false reports or disclosures.

Documents
2018/11/20
   EP - Vote in committee, 1st reading
2018/11/20
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2018/11/14
   DE_BUNDESRAT - Contribution
Documents
2018/11/08
   EP - Committee opinion
Documents
2018/10/25
   EP - Specific opinion
Documents
2018/10/25
   EP - Referral to associated committees announced in Parliament
2018/10/22
   EP - Committee opinion
Documents
2018/10/05
   EP - Committee opinion
Documents
2018/10/03
   EP - Committee opinion
Documents
2018/10/03
   EP - VOSS Axel (PPE) appointed as rapporteur in JURI
2018/09/27
   EP - Committee opinion
Documents
2018/09/27
   EP - Committee opinion
Documents
2018/09/26
   EP - Amendments tabled in committee
Documents
2018/09/26
   EP - Amendments tabled in committee
Documents
2018/09/26
   CofA - Court of Auditors: opinion, report
Details

OPINION No 4/2018 concerning the proposal for a Directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law.

The Court of Auditors welcomes the proposal because it considers that the introduction or extension of whistleblowing systems in all Member States would help improve the management of EU policies from the bottom up through the actions of citizens and employees, as a complement to top-down enforcement such as actions for infringement initiated by the Commission against Member States under Article 258 TFEU.

Material scope

The proposal purports to protect persons reporting breaches in four main categories: (i) breaches falling within the scope of Union acts in a limited number of areas; (ii) breaches of competition rules; (iii) breaches affecting the financial interests of the Union; (iv) breaches relating to the internal market, regarding acts which breach the rules of corporate tax or arrangements whose purpose is to obtain a tax advantage defeating the purpose or object of the applicable corporate tax law.

While welcoming the Commission's intention to ensure the Directive covers many areas of Union activity, the Court of Auditors is concerned by the complexity of the material scope and the implications this might have in practice for the effective protection of whistleblowers. If there is no such voluntary scope extension in national law, end-users could be faced with making complex assessments requiring expert knowledge which they might not always possess.

Obligation to establish internal channels and procedures for reporting and follow-up of reports

The proposal would require Member States to ensure that legal entities in the private and public sectors established internal channels and procedures for whistleblowing. Public legal entities are defined as state and regional administrations, municipalities with more than 10 000 inhabitants and other entities governed by public law.

The Court considers that the exemption of certain municipalities from the obligation to establish internal reporting channels could significantly reduce the protection afforded to whistleblowers, since the average size of municipalities in the EU is 5 887 inhabitants, with wide variations between Member States. The Commission should provide its reasons for the threshold to the Parliament and the Council.

Procedures for internal reporting and follow-up of reports

The Court considers that the procedures and reporting procedures do not sufficiently cover awareness-raising or staff training in order to foster a corporate culture in which whistleblowing is well accepted.

Conditions for the protection of reporting persons

The Court considers that the determining factor should be the public interest of the information revealed by whistleblowing. It considers that the widely-drafted exceptions to this rule would require further interpretation (administrative and judicial) in order to avoid creating uncertainty for potential whistleblowers.

Measures for the protection of reporting persons against retaliation

While welcoming the proposal, the Court observes that the Directive does not address the issue of temporal limits, meaning that Member States cannot introduce or maintain such limits on whistleblower protection.

Reporting, evaluation and review

The Court considers that there is room for improvement. In particular, the fact that the sending of statistics would be optional for certain Member States and that the statistics would not be broken down by policy area would reduce the effectiveness of this provision. In addition, the statistics would only be made public after six years from the expiry of the transposition deadline, or eight years from the entry into force of the Directive. This period seems disproportionately long.

According to the Court, it is essential that the statistical information on whistleblowing in Member States needs to be of the highest possible quality, and in particular it should be available by country, by legal act and by subject area and should include the final outcomes of civil and criminal cases. Where appropriate, the Commission may explore possible options for allocating EU funds to Member States to help them collect the requested data.

2018/09/13
   SE_PARLIAMENT - Reasoned opinion
Documents
2018/09/13
   EP - Referral to associated committees announced in Parliament
2018/09/12
   EP - Committee opinion
Documents
2018/08/03
   CZ_SENATE - Contribution
Documents
2018/07/20
   FR_SENATE - Contribution
Documents
2018/07/18
   PT_PARLIAMENT - Contribution
Documents
2018/07/02
   EP - Committee draft report
Documents
2018/06/25
   EP - PAGAZAURTUNDÚA Maite (ALDE) appointed as rapporteur in LIBE
2018/06/14
   EP - SYLIKIOTIS Neoklis (GUE/NGL) appointed as rapporteur in EMPL
2018/06/11
   EP - JÁUREGUI ATONDO Ramón (S&D) appointed as rapporteur in AFCO
2018/05/31
   EP - VIEGAS Miguel (GUE/NGL) appointed as rapporteur in ECON
2018/05/28
   EP - Committee referral announced in Parliament, 1st reading
2018/05/24
   EP - OMARJEE Younous (GUE/NGL) appointed as rapporteur in ENVI
2018/05/16
   EP - MALTESE Curzio (GUE/NGL) appointed as rapporteur in CULT
2018/05/15
   EP - ROZIÈRE Virginie (S&D) appointed as rapporteur in JURI
2018/05/03
   EP - DE JONG Dennis (GUE/NGL) appointed as rapporteur in CONT
2018/04/23
   EC - Legislative proposal
Details

PURPOSE: to strengthen the protection of persons reporting on breaches of Union law (whistleblowers).

PROPOSED ACT: Directive of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: whistleblowers can play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society.

Whistleblower protection currently provided in the European Union is fragmented across Member States and uneven across policy areas.

This fragmentation and these gaps mean that, in many situations, whistleblowers are not properly protected against retaliation : 85 % of respondents to the 2017 public consultation carried out by the Commission believe that workers very rarely or rarely report concerns about threat or harm to the public because of fear of legal and financial consequences.

Lack of effective whistleblower protection raises further concerns on its negative impacts on the freedom of expression and the freedom of the media, enshrined in Article 11 of the EU Charter of Fundamental Rights.

It can also impair the enforcement of EU law. For these reasons, the importance of providing effective whistleblower protection for safeguarding the public interest is increasingly acknowledged both at European1 and international level.

The European Parliament, in its resolution of 24 October 2017 called on the Commission to present a horizontal legislative proposal to guarantee a high level of protection for whistleblowers in the EU, in both the public and private sectors, as well as in national and EU institutions.

The proposal draws upon the case law of the European Court of Human Rights on the right to freedom of expression enshrined in Article 10 of the European Convention on Human Rights 10 ECHR, and the principles developed on this basis by the Council of Europe in its 2014 Recommendation on Protection of Whistleblowers.

IMPACT ASSESSMENT: the preferred option is (i) a Directive introducing whistleblower protection in specific areas (including the financial interests of the Union) where it is necessary to address whistleblowers' underreporting in order to enhance the enforcement of Union law, as breaches would lead to serious harm to the public interest; (ii) complemented by a Communication establishing a policy framework at EU level, including measures in support of national authorities.

In other areas of the single market, such as in public procurement, the benefits are estimated to be in the range of EUR 5.8 to EUR 9.6 billion each year for the EU as a whole.

CONTENU: the proposal establishes a set of common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law: (i) public procurement, (ii) financial services, (iii) money laundering and terrorist financing, (iv) product safety, (v) transport safety, (vi) environmental protection, (vii) nuclear safety, (viii) food and feed safety, (ix) animal health and welfare, (x) public health, (xi) consumer protection, (xii) privacy, data protection and security of networks and information systems.

It also applies to breaches of EU competition rules, breaches and abuses of company taxation rules and damage to EU financial interests.

Internal and external alerts : the proposal requires Member States to ensure that legal entities in the private and public sectors put in place adequate internal reporting channels and procedures for follow-up of reports. This shall include private legal entities with more than 50 employees or an annual turnover of more than EUR 10 million as well as all national or regional administrations and municipalities in cities with more than 10 000 inhabitants.

The proposal requires that reporting channels ensure the confidentiality of the reporting person’s identity and that the service responsible for receiving the report follows up diligently and informs the informant within a reasonable timeframe not exceeding three months after the report .

Member States shall also be required to ensure that competent authorities have in place external reporting channels and procedures for receiving and following-up on reports and sets out the minimum standards applicable to such channels and procedures.

Protection of informants : in order to discourage malicious or abusive reports, the proposal requires that reporting persons have reasonable grounds to believe that the information reported was true at the time of reporting.

Moreover, reporting persons are generally required to use internal channels first; if these channels do not work or could not reasonably be expected to work, they may report to the competent authorities, and, as a last resort, to the public/ the media.

The proposal requires that retaliation in any form be prohibited and sets out further measures that Member States should take to ensure the protection of reporting persons, including:

making easily accessible to the public and free of charge independent information and advice on procedures and remedies available on protection against retaliation; exempting reporting persons from liability for breach of restrictions on disclosure of information imposed by contract or by law; providing for the reversal of the burden of proof in legal proceedings so that, in prima facie cases of retaliation, it is up to the person taking action against a whistleblower to prove that it is not retaliating against the act of whistleblowing; putting at the disposal of reporting persons remedial measures against retaliation.

Persons involved in acts reported by a whistleblower should enjoy the presumption of innocence, the right to an effective remedy and a fair trial and the right of defence.

Lastly, the proposal provides for effective, proportionate and dissuasive penalties which are necessary: (i) to punish and proactively discourage actions aimed at hindering reporting, retaliatory actions, vexatious proceedings against reporting persons and breaches of the duty of maintaining the confidentiality of their identity, and, (ii) to discourage malicious and abusive whistleblowing.

2018/04/23
   EC - Document attached to the procedure
2018/04/23
   EC - Document attached to the procedure

Documents

  • Final act published in Official Journal: Directive 2019/1937
  • Final act published in Official Journal: OJ L 305 26.11.2019, p. 0017
  • Draft final act: 00078/2019/LEX
  • Commission response to text adopted in plenary: SP(2019)440
  • Results of vote in Parliament: Results of vote in Parliament
  • Decision by Parliament, 1st reading: T8-0366/2019
  • Amendments tabled in committee: PE638.448
  • Amendments tabled in committee: PE637.580
  • Specific opinion: PE637.335
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)003720
  • Committee report tabled for plenary, 1st reading: A8-0398/2018
  • Contribution: COM(2018)0218
  • Committee opinion: PE626.976
  • Specific opinion: PE629.554
  • Committee opinion: PE623.815
  • Committee opinion: PE623.761
  • Committee opinion: PE623.888
  • Committee opinion: PE623.789
  • Committee opinion: PE625.343
  • Amendments tabled in committee: PE627.664
  • Amendments tabled in committee: PE627.732
  • Court of Auditors: opinion, report: N8-0010/2019
  • Court of Auditors: opinion, report: OJ C 405 09.11.2018, p. 0001
  • Reasoned opinion: PE623.872
  • Committee opinion: PE623.622
  • Contribution: COM(2018)0218
  • Contribution: COM(2018)0218
  • Contribution: COM(2018)0218
  • Committee draft report: PE623.965
  • Legislative proposal: COM(2018)0218
  • Legislative proposal: EUR-Lex
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2018)0116
  • Document attached to the procedure: EUR-Lex
  • Document attached to the procedure: SWD(2018)0117
  • Legislative proposal: COM(2018)0218 EUR-Lex
  • Document attached to the procedure: EUR-Lex SWD(2018)0116
  • Document attached to the procedure: EUR-Lex SWD(2018)0117
  • Committee draft report: PE623.965
  • Committee opinion: PE623.622
  • Reasoned opinion: PE623.872
  • Amendments tabled in committee: PE627.664
  • Amendments tabled in committee: PE627.732
  • Court of Auditors: opinion, report: N8-0010/2019 OJ C 405 09.11.2018, p. 0001
  • Committee opinion: PE623.789
  • Committee opinion: PE625.343
  • Committee opinion: PE623.888
  • Committee opinion: PE623.761
  • Committee opinion: PE623.815
  • Specific opinion: PE629.554
  • Committee opinion: PE626.976
  • Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)003720
  • Specific opinion: PE637.335
  • Amendments tabled in committee: PE637.580
  • Amendments tabled in committee: PE638.448
  • Commission response to text adopted in plenary: SP(2019)440
  • Draft final act: 00078/2019/LEX
  • Contribution: COM(2018)0218
  • Contribution: COM(2018)0218
  • Contribution: COM(2018)0218
  • Contribution: COM(2018)0218

Activities

Votes

A8-0398/2018 - Virginie Rozière - Am 155 16/04/2019 12:27:45.000 #

2019/04/16 Outcome: +: 591, 0: 33, -: 29
DE FR ES IT PL RO BE SE HU CZ PT AT NL BG GB SK FI HR LT LV IE DK SI LU MT EE EL CY
Total
93
68
51
55
45
30
21
18
17
20
18
16
24
12
57
12
11
10
9
8
8
11
8
6
6
5
11
1
icon: PPE PPE
191

United Kingdom PPE

2

Lithuania PPE

2

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Greece PPE

1
icon: S&D S&D
162

Netherlands S&D

For (2)

2

Croatia S&D

2

Latvia S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Malta S&D

3

Estonia S&D

For (1)

1
icon: ALDE ALDE
61

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Bulgaria ALDE

3

United Kingdom ALDE

1

Croatia ALDE

For (1)

1

Lithuania ALDE

2

Latvia ALDE

1

Ireland ALDE

For (1)

1

Denmark ALDE

2

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

2
icon: Verts/ALE Verts/ALE
48

Italy Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Hungary Verts/ALE

For (1)

1

Austria Verts/ALE

2

Netherlands Verts/ALE

2

United Kingdom Verts/ALE

5

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Denmark Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
44

Sweden GUE/NGL

For (1)

1

Portugal GUE/NGL

Against (1)

3

Netherlands GUE/NGL

For (1)

3

United Kingdom GUE/NGL

1

Ireland GUE/NGL

3

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

1
icon: ECR ECR
67

Romania ECR

2

Sweden ECR

2

Czechia ECR

2

Netherlands ECR

2

Bulgaria ECR

For (1)

1

Slovakia ECR

2

Finland ECR

1

Croatia ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1

Greece ECR

For (1)

1
icon: EFDD EFDD
31

Germany EFDD

Abstain (1)

1

Czechia EFDD

Abstain (1)

1

Lithuania EFDD

Abstain (1)

1
icon: ENF ENF
31

Germany ENF

For (1)

1

Poland ENF

2

Belgium ENF

For (1)

1
3

Netherlands ENF

4

United Kingdom ENF

Against (1)

1
icon: NI NI
16

Germany NI

Abstain (1)

2

Italy NI

For (1)

1

Poland NI

Against (1)

2

A8-0398/2018 - Virginie Rozière - Am 155 #

2019/04/16 Outcome: +: 591, 0: 33, -: 29
DE FR ES IT PL RO BE SE HU CZ PT AT NL BG GB SK FI HR LT LV IE DK SI LU MT EE EL CY ??
Total
93
69
50
54
45
30
21
17
17
20
18
16
24
12
56
12
11
10
9
8
8
11
8
6
6
5
11
1
2
icon: PPE PPE
191

United Kingdom PPE

2

Lithuania PPE

2

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Greece PPE

1
icon: S&D S&D
163

Netherlands S&D

For (2)

2

Croatia S&D

2

Latvia S&D

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Malta S&D

3

Estonia S&D

For (1)

1
icon: ALDE ALDE
60

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Bulgaria ALDE

3

United Kingdom ALDE

1

Croatia ALDE

For (1)

1

Lithuania ALDE

2

Latvia ALDE

1

Ireland ALDE

For (1)

1

Denmark ALDE

2

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Estonia ALDE

2
icon: Verts/ALE Verts/ALE
46

Italy Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Sweden Verts/ALE

2

Hungary Verts/ALE

For (1)

1

Austria Verts/ALE

2

Netherlands Verts/ALE

2

United Kingdom Verts/ALE

5

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Denmark Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
44

Sweden GUE/NGL

For (1)

1

Portugal GUE/NGL

Against (1)

3

Netherlands GUE/NGL

For (1)

3

United Kingdom GUE/NGL

1

Ireland GUE/NGL

3

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

1
icon: ECR ECR
67

Romania ECR

2

Sweden ECR

2

Czechia ECR

2

Netherlands ECR

2

Bulgaria ECR

For (1)

1

Slovakia ECR

2

Finland ECR

1

Croatia ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1

Greece ECR

For (1)

1
icon: EFDD EFDD
31

Germany EFDD

Abstain (1)

1

Czechia EFDD

Abstain (1)

1

Lithuania EFDD

Abstain (1)

1

EFDD

Abstain (1)

1
icon: ENF ENF
32

Germany ENF

For (1)

1

Poland ENF

2

Belgium ENF

For (1)

1
3

Netherlands ENF

4

United Kingdom ENF

Against (1)

1
icon: NI NI
16

Germany NI

Abstain (1)

2

Poland NI

Against (1)

2

NI

For (1)

1
AmendmentsDossier
1924 2018/0106(COD)
2018/07/04 ENVI 78 amendments...
source: 623.961
2018/07/12 CULT 235 amendments...
source: 625.365
2018/07/19 EMPL 189 amendments...
source: 625.555
2018/09/06 ECON 184 amendments...
source: 627.591
2018/09/07 AFCO 229 amendments...
source: 627.634
2018/09/11 JURI 238 amendments...
source: 627.664
2018/09/14 CONT 136 amendments...
source: 627.777
2018/09/18 LIBE 356 amendments...
source: 627.844
2018/09/26 JURI 279 amendments...
source: 627.732

History

(these mark the time of scraping, not the official date of the change)

docs/0
date
2018-04-23T00:00:00
docs
summary
type
Legislative proposal
body
EC
docs/2
date
2018-07-02T00:00:00
docs
title: PE623.965
type
Committee draft report
body
EP
docs/2/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.965
docs/3
date
2018-07-02T00:00:00
docs
title: PE623.965
type
Committee draft report
body
EP
docs/3
date
2018-09-12T00:00:00
docs
title: PE623.622
committee
ENVI
type
Committee opinion
body
EP
docs/3/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.622&secondRef=02
docs/4
date
2018-09-12T00:00:00
docs
title: PE623.622
committee
ENVI
type
Committee opinion
body
EP
docs/5
date
2018-09-26T00:00:00
docs
title: PE627.664
type
Amendments tabled in committee
body
EP
docs/5/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE627.664
docs/6
date
2018-09-26T00:00:00
docs
title: PE627.664
type
Amendments tabled in committee
body
EP
docs/6
date
2018-09-26T00:00:00
docs
title: PE627.732
type
Amendments tabled in committee
body
EP
docs/6/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE627.732
docs/7
date
2018-09-26T00:00:00
docs
title: PE627.732
type
Amendments tabled in committee
body
EP
docs/7
date
2018-09-26T00:00:00
docs
summary
type
Court of Auditors: opinion, report
body
CofA
docs/8
date
2018-09-27T00:00:00
docs
title: PE623.789
committee
EMPL
type
Committee opinion
body
EP
docs/8
date
2018-09-26T00:00:00
docs
summary
type
Court of Auditors: opinion, report
body
CofA
docs/8/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.789&secondRef=02
docs/9
date
2018-09-27T00:00:00
docs
title: PE623.789
committee
EMPL
type
Committee opinion
body
EP
docs/9
date
2018-09-27T00:00:00
docs
title: PE625.343
committee
ECON
type
Committee opinion
body
EP
docs/9/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE625.343&secondRef=02
docs/10
date
2018-09-27T00:00:00
docs
title: PE625.343
committee
ECON
type
Committee opinion
body
EP
docs/10
date
2018-10-03T00:00:00
docs
title: PE623.888
committee
AFCO
type
Committee opinion
body
EP
docs/10/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.888&secondRef=02
docs/11
date
2018-10-03T00:00:00
docs
title: PE623.888
committee
AFCO
type
Committee opinion
body
EP
docs/11
date
2018-10-05T00:00:00
docs
title: PE623.761
committee
CONT
type
Committee opinion
body
EP
docs/11/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.761&secondRef=02
docs/12
date
2018-10-05T00:00:00
docs
title: PE623.761
committee
CONT
type
Committee opinion
body
EP
docs/12
date
2018-10-22T00:00:00
docs
title: PE623.815
committee
CULT
type
Committee opinion
body
EP
docs/12/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.815&secondRef=03
docs/13
date
2018-10-22T00:00:00
docs
title: PE623.815
committee
CULT
type
Committee opinion
body
EP
docs/13
date
2018-10-25T00:00:00
docs
title: PE629.554
committee
JURI
type
Specific opinion
body
EP
docs/13/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE629.554&secondRef=01
docs/14
date
2018-10-25T00:00:00
docs
title: PE629.554
committee
JURI
type
Specific opinion
body
EP
docs/14
date
2018-11-08T00:00:00
docs
title: PE626.976
committee
LIBE
type
Committee opinion
body
EP
docs/14/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE626.976&secondRef=02
docs/15
date
2018-11-08T00:00:00
docs
title: PE626.976
committee
LIBE
type
Committee opinion
body
EP
docs/16
date
2019-03-25T00:00:00
docs
title: PE637.335
committee
JURI
type
Specific opinion
body
EP
docs/16/docs/0/url
http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE637.335&secondRef=01
docs/17
date
2019-03-25T00:00:00
docs
title: PE637.335
committee
JURI
type
Specific opinion
body
EP
events/0
date
2018-05-28T00:00:00
type
Committee referral announced in Parliament, 1st reading/single reading
body
EP
events/0
date
2018-04-23T00:00:00
type
Legislative proposal published
body
EC
docs
summary
events/0/type
Old
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New
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events/1
date
2018-05-28T00:00:00
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EP
events/3
date
2018-11-20T00:00:00
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EP
events/3/type
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New
Vote in committee, 1st reading
events/4
date
2018-11-20T00:00:00
type
Vote in committee, 1st reading/single reading
body
EP
events/5
date
2018-11-27T00:00:00
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body
EP
docs
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summary
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date
2018-11-28T00:00:00
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Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
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EP
events/6
date
2018-11-27T00:00:00
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EP
docs
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summary
events/7
date
2019-04-15T00:00:00
type
Debate in Parliament
body
EP
events/7
date
2018-12-10T00:00:00
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EP
events/7/docs
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2019-04-15T00:00:00
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events/9
date
2019-04-16T00:00:00
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Decision by Parliament, 1st reading/single reading
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EP
docs
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summary
events/10
date
2019-04-16T00:00:00
type
Decision by Parliament, 1st reading
body
EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-8-2019-0366_EN.html title: T8-0366/2019
summary
events/13
date
2019-11-26T00:00:00
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Final act published in Official Journal
events/14
date
2019-11-26T00:00:00
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Final act published in Official Journal
summary
docs
procedure/Modified legal basis
Rules of Procedure EP 159
procedure/Notes
  • 30/11/2018 Decision to enter into interinstitutional negotiations confirmed by plenary (Rule 69c)
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Rules of Procedure EP 159
procedure/final
title
Directive 2019/1937
url
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docs/13/docs/0/url
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date
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Procedure completed, awaiting publication in Official Journal
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  • date: 2018-09-12T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.622&secondRef=02 title: PE623.622 committee: ENVI type: Committee opinion body: EP
  • date: 2018-09-13T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/parlements_nationaux/com/2018/0218/SE_PARLIAMENT_AVIS-COM(2018)0218_EN.pdf title: PE623.872 type: Reasoned opinion body: SE_PARLIAMENT
  • date: 2018-09-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE627.664 title: PE627.664 type: Amendments tabled in committee body: EP
  • date: 2018-09-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE627.732 title: PE627.732 type: Amendments tabled in committee body: EP
  • date: 2018-09-26T00:00:00 docs: url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2018:405:TOC title: OJ C 405 09.11.2018, p. 0001 title: N8-0010/2019 summary: OPINION No 4/2018 concerning the proposal for a Directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law. The Court of Auditors welcomes the proposal because it considers that the introduction or extension of whistleblowing systems in all Member States would help improve the management of EU policies from the bottom up through the actions of citizens and employees, as a complement to top-down enforcement such as actions for infringement initiated by the Commission against Member States under Article 258 TFEU. Material scope The proposal purports to protect persons reporting breaches in four main categories: (i) breaches falling within the scope of Union acts in a limited number of areas; (ii) breaches of competition rules; (iii) breaches affecting the financial interests of the Union; (iv) breaches relating to the internal market, regarding acts which breach the rules of corporate tax or arrangements whose purpose is to obtain a tax advantage defeating the purpose or object of the applicable corporate tax law. While welcoming the Commission's intention to ensure the Directive covers many areas of Union activity, the Court of Auditors is concerned by the complexity of the material scope and the implications this might have in practice for the effective protection of whistleblowers. If there is no such voluntary scope extension in national law, end-users could be faced with making complex assessments requiring expert knowledge which they might not always possess. Obligation to establish internal channels and procedures for reporting and follow-up of reports The proposal would require Member States to ensure that legal entities in the private and public sectors established internal channels and procedures for whistleblowing. Public legal entities are defined as state and regional administrations, municipalities with more than 10 000 inhabitants and other entities governed by public law. The Court considers that the exemption of certain municipalities from the obligation to establish internal reporting channels could significantly reduce the protection afforded to whistleblowers, since the average size of municipalities in the EU is 5 887 inhabitants, with wide variations between Member States. The Commission should provide its reasons for the threshold to the Parliament and the Council. Procedures for internal reporting and follow-up of reports The Court considers that the procedures and reporting procedures do not sufficiently cover awareness-raising or staff training in order to foster a corporate culture in which whistleblowing is well accepted. Conditions for the protection of reporting persons The Court considers that the determining factor should be the public interest of the information revealed by whistleblowing. It considers that the widely-drafted exceptions to this rule would require further interpretation (administrative and judicial) in order to avoid creating uncertainty for potential whistleblowers. Measures for the protection of reporting persons against retaliation While welcoming the proposal, the Court observes that the Directive does not address the issue of temporal limits, meaning that Member States cannot introduce or maintain such limits on whistleblower protection. Reporting, evaluation and review The Court considers that there is room for improvement. In particular, the fact that the sending of statistics would be optional for certain Member States and that the statistics would not be broken down by policy area would reduce the effectiveness of this provision. In addition, the statistics would only be made public after six years from the expiry of the transposition deadline, or eight years from the entry into force of the Directive. This period seems disproportionately long. According to the Court, it is essential that the statistical information on whistleblowing in Member States needs to be of the highest possible quality, and in particular it should be available by country, by legal act and by subject area and should include the final outcomes of civil and criminal cases. Where appropriate, the Commission may explore possible options for allocating EU funds to Member States to help them collect the requested data. type: Court of Auditors: opinion, report body: CofA
  • date: 2018-09-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.789&secondRef=02 title: PE623.789 committee: EMPL type: Committee opinion body: EP
  • date: 2018-09-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE625.343&secondRef=02 title: PE625.343 committee: ECON type: Committee opinion body: EP
  • date: 2018-10-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.888&secondRef=02 title: PE623.888 committee: AFCO type: Committee opinion body: EP
  • date: 2018-10-05T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.761&secondRef=02 title: PE623.761 committee: CONT type: Committee opinion body: EP
  • date: 2018-10-22T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE623.815&secondRef=03 title: PE623.815 committee: CULT type: Committee opinion body: EP
  • date: 2018-10-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE629.554&secondRef=01 title: PE629.554 committee: JURI type: Specific opinion body: EP
  • date: 2018-11-08T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE626.976&secondRef=02 title: PE626.976 committee: LIBE type: Committee opinion body: EP
  • date: 2019-03-15T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/commissions/juri/lcag/2019/03-15/JURI_LA(2019)003720_EN.pdf title: GEDA/A/(2019)003720 type: Coreper letter confirming interinstitutional agreement body: CSL
  • date: 2019-03-25T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE637.335&secondRef=01 title: PE637.335 committee: JURI type: Specific opinion body: EP
  • date: 2019-04-09T00:00:00 docs: title: PE637.580 type: Amendments tabled in committee body: EP
  • date: 2019-04-10T00:00:00 docs: title: PE638.448 type: Amendments tabled in committee body: EP
  • date: 2018-07-20T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2018)0218 title: COM(2018)0218 type: Contribution body: FR_SENATE
  • date: 2018-07-18T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2018)0218 title: COM(2018)0218 type: Contribution body: PT_PARLIAMENT
  • date: 2018-08-03T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2018)0218 title: COM(2018)0218 type: Contribution body: CZ_SENATE
  • date: 2018-11-14T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2018)0218 title: COM(2018)0218 type: Contribution body: DE_BUNDESRAT
events
  • date: 2018-04-23T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0218/COM_COM(2018)0218_EN.pdf title: COM(2018)0218 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2018&nu_doc=0218 title: EUR-Lex summary: PURPOSE: to strengthen the protection of persons reporting on breaches of Union law (whistleblowers). PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: whistleblowers can play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society. Whistleblower protection currently provided in the European Union is fragmented across Member States and uneven across policy areas. This fragmentation and these gaps mean that, in many situations, whistleblowers are not properly protected against retaliation : 85 % of respondents to the 2017 public consultation carried out by the Commission believe that workers very rarely or rarely report concerns about threat or harm to the public because of fear of legal and financial consequences. Lack of effective whistleblower protection raises further concerns on its negative impacts on the freedom of expression and the freedom of the media, enshrined in Article 11 of the EU Charter of Fundamental Rights. It can also impair the enforcement of EU law. For these reasons, the importance of providing effective whistleblower protection for safeguarding the public interest is increasingly acknowledged both at European1 and international level. The European Parliament, in its resolution of 24 October 2017 called on the Commission to present a horizontal legislative proposal to guarantee a high level of protection for whistleblowers in the EU, in both the public and private sectors, as well as in national and EU institutions. The proposal draws upon the case law of the European Court of Human Rights on the right to freedom of expression enshrined in Article 10 of the European Convention on Human Rights 10 ECHR, and the principles developed on this basis by the Council of Europe in its 2014 Recommendation on Protection of Whistleblowers. IMPACT ASSESSMENT: the preferred option is (i) a Directive introducing whistleblower protection in specific areas (including the financial interests of the Union) where it is necessary to address whistleblowers' underreporting in order to enhance the enforcement of Union law, as breaches would lead to serious harm to the public interest; (ii) complemented by a Communication establishing a policy framework at EU level, including measures in support of national authorities. In other areas of the single market, such as in public procurement, the benefits are estimated to be in the range of EUR 5.8 to EUR 9.6 billion each year for the EU as a whole. CONTENU: the proposal establishes a set of common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law: (i) public procurement, (ii) financial services, (iii) money laundering and terrorist financing, (iv) product safety, (v) transport safety, (vi) environmental protection, (vii) nuclear safety, (viii) food and feed safety, (ix) animal health and welfare, (x) public health, (xi) consumer protection, (xii) privacy, data protection and security of networks and information systems. It also applies to breaches of EU competition rules, breaches and abuses of company taxation rules and damage to EU financial interests. Internal and external alerts : the proposal requires Member States to ensure that legal entities in the private and public sectors put in place adequate internal reporting channels and procedures for follow-up of reports. This shall include private legal entities with more than 50 employees or an annual turnover of more than EUR 10 million as well as all national or regional administrations and municipalities in cities with more than 10 000 inhabitants. The proposal requires that reporting channels ensure the confidentiality of the reporting person’s identity and that the service responsible for receiving the report follows up diligently and informs the informant within a reasonable timeframe not exceeding three months after the report . Member States shall also be required to ensure that competent authorities have in place external reporting channels and procedures for receiving and following-up on reports and sets out the minimum standards applicable to such channels and procedures. Protection of informants : in order to discourage malicious or abusive reports, the proposal requires that reporting persons have reasonable grounds to believe that the information reported was true at the time of reporting. Moreover, reporting persons are generally required to use internal channels first; if these channels do not work or could not reasonably be expected to work, they may report to the competent authorities, and, as a last resort, to the public/ the media. The proposal requires that retaliation in any form be prohibited and sets out further measures that Member States should take to ensure the protection of reporting persons, including: making easily accessible to the public and free of charge independent information and advice on procedures and remedies available on protection against retaliation; exempting reporting persons from liability for breach of restrictions on disclosure of information imposed by contract or by law; providing for the reversal of the burden of proof in legal proceedings so that, in prima facie cases of retaliation, it is up to the person taking action against a whistleblower to prove that it is not retaliating against the act of whistleblowing; putting at the disposal of reporting persons remedial measures against retaliation. Persons involved in acts reported by a whistleblower should enjoy the presumption of innocence, the right to an effective remedy and a fair trial and the right of defence. Lastly, the proposal provides for effective, proportionate and dissuasive penalties which are necessary: (i) to punish and proactively discourage actions aimed at hindering reporting, retaliatory actions, vexatious proceedings against reporting persons and breaches of the duty of maintaining the confidentiality of their identity, and, (ii) to discourage malicious and abusive whistleblowing.
  • date: 2018-05-28T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2018-09-13T00:00:00 type: Referral to associated committees announced in Parliament body: EP
  • date: 2018-10-25T00:00:00 type: Referral to associated committees announced in Parliament body: EP
  • date: 2018-11-20T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-11-20T00:00:00 type: Committee decision to open interinstitutional negotiations with report adopted in committee body: EP
  • date: 2018-11-27T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0398&language=EN title: A8-0398/2018 summary: The Committee on Legal Affairs adopted the report by Virginie ROZIÈRE (S&D, FR) on the proposal for a directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law. The Committee on Economy and Monetary Affairs, exercising its prerogative as an associated committee in accordance with Article 54 of the Rules of Procedure, also gave its opinion on the report. The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows. Purpose : the purpose of the proposed Directive is to enhance the protection of persons reporting breaches of Union law and to enhance the enforcement of the latter in order to safeguard the public interest, by laying down common minimum standards for the protection of persons reporting on unlawful activities or abuses of law. Material scope : the amended text stipulates the proposed Directive seeks to lay down common minimum standards for the protection of persons reporting on unlawful activities or abuse of law including breaches of Union acts that relate, inter alia , to employment, working conditions, workers' rights and the principle of equal opportunities and treatment between men and women at work. Personal scope : t he Directive shall apply to reporting persons and facilitators, acting in good faith , working in the private or public sector and who acquired information on breaches in a work-related context including persons having the status of worker, including civil servants. The Directive shall also apply to reporting persons acting in good faith whose work-based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre-contractual negotiation, as well as to reporting persons whose work-based relationship has ceased . Obligation to establish internal channels and procedures for reporting and follow-up of reports : Member States shall ensure that employers and other legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports, following consultation and in agreement with the social partners. Member States may exclude from the legal entities in the private sector the following private legal entities: private legal entities with fewer than 250 employees; private legal entities with an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding EUR 43 million. Procedures for internal reporting and follow-up of reports : the procedures for reporting and following-up of reports shall include the following: a confidential acknowledgment of receipt of the report to the reporting person within no more than seven days of that receipt; the designation of an impartial person or independent department competent for following up on the reports; diligent follow up as regards anonymous reporting; a reasonable timeframe, not exceeding two months from the acknowledgment of receipt of the report, to provide feedback to the reporting person about the follow-up to the report. That timeframe may be extended to four months, where necessary due to the specific circumstances of the case; the possibility for the reporting person to be consulted and to present comments during the course of the investigation and the possibility for those comments to be taken into account where deemed relevant by the person or department concerned. Record-keeping of reports received : Member States shall ensure that competent authorities keep records of every report received, in compliance with the confidentiality requirements provided for in this Directive. The reports shall be stored for no longer than is necessary and proportionate in view of the reporting procedure and shall be deleted as soon as the reporting procedure has been completed. Duty of maintaining the confidentiality of the identity of reporting persons : Members stressed that the identity of a reporting person may not be disclosed without the reporting person’s explicit consent. This confidentiality requirement shall also apply to information that may be used to discover the identity of the reporting person. Remedial measures : Member States shall take the necessary measures to ensure remedies and full compensation for damages suffered by reporting persons. Such remedial measures may take the following forms: (i) reintegration; (ii) restoration of a cancelled permit, licence or contract; (iii) compensation for actual or future financial losses; (iv) compensation for other economic damages or non-material damages. Penalties : Member States shall ensure that effective, proportionate and dissuasive penalties are applicable to reporting persons making reports or disclosures demonstrated to be knowingly false, and that measures are in place for compensating persons who have suffered damage from such false reports or disclosures.
  • date: 2019-04-15T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20190415&type=CRE title: Debate in Parliament
  • date: 2019-04-16T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2019-0366 title: T8-0366/2019 summary: The European Parliament adopted by 591 votes to 29, with 33 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law. The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows: Common minimum standards to protect whistleblowers The proposed Directive shall aim to enhance the enforcement of Union law and policies in specific areas by laying down common minimum standards providing for a high level of protection of persons reporting on breaches in a wide range of areas, including public procurement, financial services, product and transport safety, nuclear safety, public health, consumer protection, personal data protection and breaches of competition and state aid rules. The Directive shall not affect the responsibility of Member States to ensure national security and their power to protect their essential security interests. It shall not affect the protection of confidentiality of communications between lawyers and their clients. Scope This Directive shall apply to reporting persons working in the private or public sector who acquired information on breaches in a work-related context. It shall also apply to reporting persons also where they report or disclose information acquired in a work-based relationship which has since ended. The measures for the protection of reporting persons shall also apply to facilitators and to third persons connected with the reporting persons and who may suffer retaliation in a work-related context, such as colleagues or relatives of the reporting person. Conditions for protection of reporting persons Persons reporting information on breaches falling within the areas covered by this Directive shall qualify for protection provided that: - they had reasonable grounds to believe that the information reported was true at the time of reporting and that the information fell within the scope of this Directive; - they reported internally in accordance with the Directive and externally, or directly externally or publicly disclosed information. Persons who reported or publicly disclosed information anonymously but were subsequently identified shall nonetheless qualify for protection in case they suffer retaliation. Obligation to establish internal channels and procedures for reporting and monitoring Legal entities in the private and public sectors shall establish internal channels and procedures for reporting and following up on reports. The use of internal channels shall be encouraged before any external reporting, where the offence can be effectively remedied internally and the reporting person considers that there is no risk of retaliation. Member States may exempt from the obligation referred to in paragraph 1 municipalities with less than 10 000 inhabitants, or less than 50 employees, or other entities with less than 50 employees. Legal entities in the private sector with 50 to 249 employees may share resources as regards the receipt and possibly also the investigations of reports. This is without prejudice to their obligations to maintain confidentiality and to give feedback, and to address the reported breach. Internal reporting procedures These procedures shall include the following elements: - channels for receiving the reports ensuring the confidentiality of the identity of the reporting person; - an acknowledgment of receipt of the report to the reporting person within no more than seven days of that receipt; - the designation of an impartial person or department competent for following up on the reports; - diligent follow up where provided for in national law as regards anonymous reporting; - a reasonable timeframe to provide feedback to the reporting person about the follow-up to the report, not exceeding three months from the acknowledgment of receipt of or if no acknowledgement was sent, from the expiry of the seven-day period after the report was made; - clear and easily accessible information regarding the conditions and procedures for reporting externally to competent authorities and, where relevant, to institutions, bodies, offices or agencies of the Union. External reporting Informants may also provide information on breaches by using external channels after using the internal channel or by reporting directly to the competent authorities. Member States shall designate the competent authorities to receive, provide feedback on or follow up on reports. The competent authorities shall inform the reporting person of the final outcome of investigations. Public disclosures A person who publicly discloses information on breaches shall be protected if he or she first made a report through internal and external channels and had reasonable grounds to believe that the offence may represent an imminent or manifest danger to the public interest, such as an emergency situation or a risk of irreversible damage. Member States shall ensure that the identity of the informant is not disclosed without the explicit consent of the informant to any person other than staff members authorised to receive and/or follow up on reports. Prohibition of retaliation The proposed Directive prohibits any form of retaliation, including threats and attempts at retaliation, direct or indirect, in particular in the form of dismissal, demotion or refusal of promotion. Member States shall provide whistleblowers with comprehensive and independent information on available procedures, free advice and legal assistance during the procedure. During the latter, whistleblowers may also benefit from financial and psychological support.
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  • body: EC dg: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers commissioner: JOUROVÁ Věra
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  • PURPOSE: to strengthen the protection of persons reporting on breaches of Union law (whistleblowers).

    PROPOSED ACT: Directive of the European Parliament and of the Council.

    ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

    BACKGROUND: whistleblowers can play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society.

    Whistleblower protection currently provided in the European Union is fragmented across Member States and uneven across policy areas.

    This fragmentation and these gaps mean that, in many situations, whistleblowers are not properly protected against retaliation: 85 % of respondents to the 2017 public consultation carried out by the Commission believe that workers very rarely or rarely report concerns about threat or harm to the public because of fear of legal and financial consequences.

    Lack of effective whistleblower protection raises further concerns on its negative impacts on the freedom of expression and the freedom of the media, enshrined in Article 11 of the EU Charter of Fundamental Rights.

    It can also impair the enforcement of EU law. For these reasons, the importance of providing effective whistleblower protection for safeguarding the public interest is increasingly acknowledged both at European1 and international level.

    The European Parliament, in its resolution of 24 October 2017 called on the Commission to present a horizontal legislative proposal to guarantee a high level of protection for whistleblowers in the EU, in both the public and private sectors, as well as in national and EU institutions.

    The proposal draws upon the case law of the European Court of Human Rights on the right to freedom of expression enshrined in Article 10 of the European Convention on Human Rights 10 ECHR, and the principles developed on this basis by the Council of Europe in its 2014 Recommendation on Protection of Whistleblowers.

    IMPACT ASSESSMENT: the preferred option is (i) a Directive introducing whistleblower protection in specific areas (including the financial interests of the Union) where it is necessary to address whistleblowers' underreporting in order to enhance the enforcement of Union law, as breaches would lead to serious harm to the public interest; (ii) complemented by a Communication establishing a policy framework at EU level, including measures in support of national authorities.

    In other areas of the single market, such as in public procurement, the benefits are estimated to be in the range of EUR 5.8 to EUR 9.6 billion each year for the EU as a whole.

    CONTENU: the proposal establishes a set of common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law: (i) public procurement, (ii) financial services, (iii) money laundering and terrorist financing, (iv) product safety, (v) transport safety, (vi) environmental protection, (vii) nuclear safety, (viii) food and feed safety, (ix) animal health and welfare, (x) public health, (xi) consumer protection, (xii) privacy, data protection and security of networks and information systems.

    It also applies to breaches of EU competition rules, breaches and abuses of company taxation rules and damage to EU financial interests.

    Internal and external alerts: the proposal requires Member States to ensure that legal entities in the private and public sectors put in place adequate internal reporting channels and procedures for follow-up of reports. This shall include private legal entities with more than 50 employees or an annual turnover of more than EUR 10 million as well as all national or regional administrations and municipalities in cities with more than 10 000 inhabitants.

    The proposal requires that reporting channels ensure the confidentiality of the reporting person’s identity and that the service responsible for receiving the report follows up diligently and informs the informant within a reasonable timeframe not exceeding three months after the report.

    Member States shall also be required to ensure that competent authorities have in place external reporting channels and procedures for receiving and following-up on reports and sets out the minimum standards applicable to such channels and procedures.

    Protection of informants: in order to discourage malicious or abusive reports, the proposal requires that reporting persons have reasonable grounds to believe that the information reported was true at the time of reporting.

    Moreover, reporting persons are generally required to use internal channels first; if these channels do not work or could not reasonably be expected to work, they may report to the competent authorities, and, as a last resort, to the public/ the media.

    The proposal requires that retaliation in any form be prohibited and sets out further measures that Member States should take to ensure the protection of reporting persons, including:

    • making easily accessible to the public and free of charge independent information and advice on procedures and remedies available on protection against retaliation;
    • exempting reporting persons from liability for breach of restrictions on disclosure of information imposed by contract or by law;
    • providing for the reversal of the burden of proof in legal proceedings so that, in prima facie cases of retaliation, it is up to the person taking action against a whistleblower to prove that it is not retaliating against the act of whistleblowing;
    • putting at the disposal of reporting persons remedial measures against retaliation.

    Persons involved in acts reported by a whistleblower should enjoy the presumption of innocence, the right to an effective remedy and a fair trial and the right of defence.

    Lastly, the proposal provides for effective, proportionate and dissuasive penalties which are necessary: (i) to punish and proactively discourage actions aimed at hindering reporting, retaliatory actions, vexatious proceedings against reporting persons and breaches of the duty of maintaining the confidentiality of their identity, and, (ii) to discourage malicious and abusive whistleblowing.

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  • group: S&D name: JÁUREGUI ATONDO Ramón
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2018-05-03T00:00:00
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  • group: GUE/NGL name: DE JONG Dennis
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2018-05-16T00:00:00
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  • group: GUE/NGL name: MALTESE Curzio
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2018-05-31T00:00:00
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  • group: GUE/NGL name: VIEGAS Miguel
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2018-06-14T00:00:00
committees/5/rapporteur
  • group: GUE/NGL name: SYLIKIOTIS Neoklis
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2018-05-24T00:00:00
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  • group: GUE/NGL name: OMARJEE Younous
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Legal Affairs
New
Legal Affairs (Associated committee)
committees/10/date
2018-05-15T00:00:00
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  • group: S&D name: ROZIÈRE Virginie
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  • group: EPP name: DIDIER Geoffroy
  • group: ALDE name: CAVADA Jean-Marie
  • group: GUE/NGL name: CHRYSOGONOS Kostas
  • group: Verts/ALE name: DURAND Pascal
committees/11/committee_full
Old
Civil Liberties, Justice and Home Affairs
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Civil Liberties, Justice and Home Affairs (Associated committee)
committees/11/date
2018-06-25T00:00:00
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  • group: ALDE name: PAGAZAURTUNDÚA RUIZ Maite
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  • date: 2018-04-23T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2018/0218/COM_COM(2018)0218_EN.pdf celexid: CELEX:52018PC0218:EN type: Legislative proposal published title: COM(2018)0218 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers Commissioner: JOUROVÁ Věra
committees
  • body: EP responsible: False committee_full: Constitutional Affairs committee: AFCO
  • body: EP responsible: False committee_full: Agriculture and Rural Development committee: AGRI
  • body: EP responsible: False committee_full: Budgetary Control committee: CONT
  • body: EP responsible: False committee_full: Culture and Education committee: CULT
  • body: EP responsible: False committee_full: Economic and Monetary Affairs committee: ECON
  • body: EP responsible: False committee_full: Employment and Social Affairs committee: EMPL
  • body: EP responsible: False committee_full: Environment, Public Health and Food Safety committee: ENVI
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: International Trade committee: INTA
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • body: EP responsible: True committee_full: Legal Affairs committee: JURI
  • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
  • body: EP responsible: False committee_full: Petitions committee: PETI
  • body: EP responsible: False committee_full: Transport and Tourism committee: TRAN
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/justice-and-consumers_en title: Justice and Consumers commissioner: JOUROVÁ Věra
procedure
reference
2018/0106(COD)
subtype
Legislation
legal_basis
stage_reached
Preparatory phase in Parliament
instrument
Directive
title
Protection of persons reporting on breaches of Union law
type
COD - Ordinary legislative procedure (ex-codecision procedure)
subject
8.50.01 Implementation of EU law