2018/0106(COD) | [ParlTrack]

Proposal for a directive
Recital 1

(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in this context. By ‘blowing the whistle’ they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society. However, potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. The purpose of this Directive is to create a climate of trust that enables whistleblowers to report observed or suspected breaches of law, as well as threats to the public interest.

Amendment 204 #

Proposal for a directive
Recital 1

(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in this context. By ‘blowing the whistle’ they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society. However, potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Several recent examples of retaliation against whistleblowers have significantly contributed to these fears.

Amendment 205 #

Proposal for a directive
Recital 1

Amendment 206 #

Proposal for a directive
Recital 3

(3) In certain policy areas, breaches of Union law or the national law of the Member State concerned may cause serious harm to the public interest, in the sense of creating significant risks for the welfare of society. Where weaknesses of enforcement have been identified in those areas, and whistleblowers are in a privileged position to disclose breaches, it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels.

Amendment 207 #

Proposal for a directive
Recital 3

(3) In certain policy areas, breaches of Union law may cause serious harm to the public interest, in the sense of creating significant risks for the welfare of society. Where weaknesses of enforcement have been identified in those areas, and whistleblowers are in a privileged position to disclose breaches, it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and ~~introducing~~to ensure that there are effective reporting channels.

Amendment 208 #

Proposal for a directive
Recital 4

(4) Whistleblower protection currently provided in the European Union is fragmented across Member States ~~and~~, uneven across policy areas and often seriously inadeqaute. The consequences of breaches of Union law with cross-border dimension uncovered by whistleblowers illustrate how insufficient protection in one Member State not only negatively impacts on the functioning of EU policies in that Member State but can also spill over into other Member States and the Union as a whole.

Amendment 209 #

Proposal for a directive
Recital 6

(6) Whistleblower protection is necessary in particular to enhance the enforcement of Union law on public procurement. In addition to the need of preventing and detecting fraud and corruption in the context of the implementation of the EU budget, including procurement, it is necessary to tackle insufficient enforcement of rules on public procurement by national public authorities and certain public utility operators when purchasing goods, works and services. Breaches of such rules create distortions of competition, increase costs for doing business, violate the interests of investors and shareholders and, overall, lower attractiveness for investment and create an uneven level playing field for all businesses across Europe, thus affecting the proper functioning of the internal market.

Amendment 210 #

Proposal for a directive
Recital 7

(7) In the area of financial services, where whistleblowing is particularly common, the added value of whistleblower protection was already acknowledged by the Union legislator. In the aftermath of the financial crisis, which exposed serious shortcomings in the enforcement of the relevant rules, measures for the protection of whistleblowers were introduced in a significant number of legislative instruments in this area34. In particular, in the context of the prudential framework applicable to credit institutions and investment firms, Directive 2013/36/EU35 provides for protection of whistleblowers, which extends also to Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment firms. _________________ 34 Communication of 8.12.2010 "Reinforcing sanctioning regimes in the financial services sector". 35 Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338).

Amendment 211 #

Proposal for a directive
Recital 8

(8) As regards the safety of products placed into the internal market, the primary source of evidence-gathering are businesses involved in the manufacturing and distribution chain, so that reporting by whistleblowers has a high added value, since they are much closer to the source of possible unfair and illicit manufacturing, import or distribution practices of unsafe products. That being so, whistleblowers can help to intensify the fight against fraud, protect the environment and improve the food safety of consumers. This warrants the introduction of whistleblower protection in relation to the safety requirements applicable both to ‘harmonised products’36 and to ‘non- harmonised products’37. Whistleblower protection is also instrumental in avoiding diversion of firearms, their parts and components and ammunition, as well as defence-related products, by encouraging the reporting of breaches, such as document fraud, altered marking or false declarations of import or export and fraudulent intra-communitarian acquisition of firearms where violations often imply a diversion from the legal to the illegal market. Whistleblower protection will also help prevent the illicit manufacture of homemade explosives by contributing to the correct application of restrictions and controls regarding explosives precursors. _________________ 36 The body of relevant ‘Union harmonisation legislation’ is circumscribed and listed in Regulation [XXX] laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation, 2017/0353 (COD). 37 Regulated by Directive (EC) 2001/95 of the European Parliament and of the Council, of 3 December 2001, on general product safety (OJ L 11, p. 4).

Amendment 212 #

Proposal for a directive
Recital 9

(9) The importance of whistleblower protection in terms of preventing and deterring breaches of Union rules on transport safety which can endanger human lives has been already acknowledged in sectorial Union instruments on aviation safety38 and maritime transport safety39, which provide for tailored measures of protection to whistleblowers as well as specific reporting channels. These instruments also include the protection from retaliation of the workers reporting on their own honest mistakes (so called ‘just culture’). It is necessary to complement the existing elements of whistleblower protection in these two sectors as well as to provide such protection to enhance the enforcement of safety standards for other transport modes, namely special, inland waterway, road and railway transport. _________________ 38 Regulation (EU) No 376/2014 of the European Parliament and of the Council, of 3 April 2014, on the reporting, analysis and follow-up of occurrences in civil aviation (OJ L 122, p. 18). 39 Directive 2013/54/EU, of the European Parliament and of the Council, of 20 November 2013, concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention (OJ L 329, p. 1), Directive 2009/16/EC of the European Parliament and of the Council, of 23 April 2009, on port State control (OJ L 131, p. 57).

Amendment 213 #

Proposal for a directive
Recital 10

(10) Evidence-gathering, detecting and addressing environmental crimes and unlawful conduct or omission as well as potential breaches against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the Commission Communication "EU actions to improve environmental compliance and governance" of 18 January 201840 . Whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the Union environmental acquis, whose breaches can cause serious harm to the public interest with possible spill-over impacts across national borders. This is also relevant in cases where unsafe products can cause environmental harm. _________________ 40 COM(2018) 10 final. COM(2018) 10 final. 41 Directive 2013/30/EU of the European Parliament and of the Council, of 12 June 2013, on safety of offshore oil and gas operations (OJ L 178, p. 66).

Amendment 214 #

Proposal for a directive
Recital 10

(10) Evidence-gathering, detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a serious challenge and need to be reinforced as acknowledged in the Commission Communication "EU actions to improve environmental compliance and governance" of 18 January 201840 . Whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection ~~appear~~is necessary to ensure effective enforcement of the Union environmental acquis, whose breaches can cause serious harm to the public interest and the environment with possible spill-over impacts across national borders. This is also relevant in cases where unsafe products can cause environmental harm. _________________ 40 COM(2018) 10 final. 41 Directive 2013/30/EU of the European Parliament and of the Council, of 12 June 2013, on safety of offshore oil and gas operations (OJ L 178, p. 66).

Amendment 215 #

Proposal for a directive
Recital 13

(13) In the same vein, whistleblowers’ reports ~~can be key to~~must be able to play a key role in detecting and preventing, reducing or eliminating risks to public health and to consumer protection resulting from breaches of Union rules or national law which might otherwise remain hidden. The fact that numerous cases of fraud have been revealed which had a potential impact on consumer health underlines the importance of the role that whistleblowers can play in this respect. In particular, consumer protection is also strongly linked to cases where unsafe products can cause considerable harm to consumers. Whistleblower protection should therefore be introduced in relation to relevant Union rules adopted pursuant to Articles 114, 168 and 169 TFEU.

Amendment 216 #

Proposal for a directive
Recital 13

(13) In the same vein, whistleblowers’ reports can be key to detecting and preventing, reducing or eliminating risks to the life of EU citizens, to public health and to consumer protection resulting from breaches of Union rules which might otherwise remain hidden. In particular, consumer protection is also strongly linked to cases where unsafe products can cause considerable harm to consumers. Whistleblower protection should therefore be introduced in relation to relevant Union rules adopted pursuant to Articles 114, 168 and 169 TFEU.

Amendment 217 #

Proposal for a directive
Recital 14

(14) The protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of Union law which can seriously harm the public interest. Similar considerations apply for breaches of the Directive on the security of network and information systems45, which introduces notification of incidents (including those that do not compromise personal data) and security requirements for entities providing essential services across many sectors (e.g. energy, tourism, health, transport, banking, construction, etc.) and providers of key digital services (e.g. cloud computing services) and basic utilities (water, electricity, gas, etc.). Whistleblowers' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services. It helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society. _________________ 45 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.

Amendment 218 #

Proposal for a directive
Recital 21

(21) This Directive should be without prejudice to the protection of national security and other classified information which Union law or the laws, regulations or administrative provisions in force in the Member State concerned require, for security reasons, to be protected from unauthorised access. In particular, Moreover, the provision of this Directive should not affect the obligations arising from Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information or Council Decision of 23 September 2013 on the security rules for protecting EU classified information. This Directive should also ensure that the information disclosed by whistleblowers is subject to treatment that cannot undermine the credibility of the authorities in charge of national security and public confidence in those authorities.

Amendment 219 #

Proposal for a directive
Recital 24

(24) Persons need specific legal protection where they acquire the information they report through their work- related activities and therefore run the risk of work-related retaliation (for instance, for breaching the duty of confidentiality or loyalty). The underlying reason for providing them with protection is their position of economic vulnerability, and that of their families, vis-à- vis the person on whom they de facto depend for work. When there is no such work-related power imbalance (for instance in the case of ordinary complainants or citizen bystanders) there is no need for protection against retaliation.

Amendment 220 #

Proposal for a directive
Recital 25

(25) Effective enforcement of Union law requires that protection is granted to the broadest possible range of categories of persons, who, irrespective of whether they are EU citizens or third-country nationals, by virtue of work-related activities in any EU or third-country jurisdiction (irrespective of the nature of these activities,whether they are paid or not), have privileged access to information about breaches that would be in the public’s interest to report and who may suffer retaliation if they report them. Member States should ensure that the need for protection is determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship, so as to cover the whole range of persons connected in a broad sense to the organisation where the breach has occurred.

Amendment 221 #

Proposal for a directive
Recital 29

(29) Effective detection and prevention of serious harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law, namely acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose of the law. Such acts or omissions must, however, be defined with caution and precision since, in the light of the definition given above, they do not constitute clear-cut breaches of legislation.

Amendment 222 #

Proposal for a directive
Recital 37

(37) For the effective detection and prevention of breaches of Union law it is vital that the relevant information reaches swiftly those closest to the source of the problem, most able to investigate and with powers to remedy it, where possible. This requires that legal entities in the private and the public sector establish appropriate internal procedures, in accordance with national law and the legal principles in force in the Member State concerned, for receiving and following-up on reports.

Amendment 223 #

Proposal for a directive
Recital 44

(44) Internal reporting procedures should enable private legal entities to receive and investigate in full confidentiality reports by the employees of the entity and of its subsidiaries or affiliates (the group), but also, to any extent possible, by any of the group’s agents and suppliers and by any person who acquires information through his/her work-related activities with the entity and the group, and - where possible - in conditions involving minimal administrative procedures and no unnecessarily long interviews in the collection of reports.

Amendment 224 #

Proposal for a directive
Recital 47

(47) Persons who are considering reporting breaches of Union law should be able to make an informed decision on whether, how and when to report. Private and public entities having in place internal reporting procedures shall provide information on these procedures as well as on procedures to report externally to relevant competent authorities. Such information must be easily understandable and easily accessible, including, to any extent possible, also to other persons, beyond employees, who come in contact with the entity through their work-related activities, such as service-providers, distributors, suppliers and business partners. For instance, such information may be posted at a visible location accessible to all these persons and to the web of the entity and may also be included in courses and trainings on ethics and integrity. They should also provide information on rights guaranteed to whistleblowers, particularly their right to disclosure guaranteed by this Directive, and their right to turn to civil society organisations involved in whistleblower protection to this end, in particular those who provide strategic and legal advice to whistleblowers .

Amendment 225 #

Proposal for a directive
Recital 48 a (new)

(48 a) In all cases, the reporting person should be informed of the investigation’s progress and should be able to access the draft report at least once so as to be able to revise it, comment on it and correct it if necessary, albeit with no obligation to do so. These comments must be incorporated and taken into account in the monitoring of the investigation. The reporting person should be informed of the investigation's outcome and should be able to revise and comment on the final report of the investigation. These comments must be included in the final report.

Amendment 226 #

Proposal for a directive
Recital 49

(49) Lack of confidence in the usefulness of reporting is one of the main factors discouraging potential whistleblowers. This warrants imposing a clear obligation on competent authorities to diligently follow-up on the reports received, and, within a reasonable timeframe, give feedback to the reporting persons about the action envisaged or taken as follow-up irrespective of the outcome of the investigation carried out on the basis of the report (for instance, closure based on lack of sufficient evidence or other grounds, launch of an investigation and possibly its findings and/or measures taken to address the issue raised; referral to another authority competent to give follow- up) to the extent that such information would not prejudice the investigation or the rights of the concerned persons.

Amendment 227 #

Proposal for a directive
Recital 50

(50) Follow up and feedback should take place within a reasonable timeframe; this is warranted by the need to promptly address the problem that may be the subject of the report, ~~as well as~~to enhance whistle-blowers' confidence that their report was worthwhile, and to avoid unnecessary public disclosures. Such timeframe should not exceed three months, but could be extended to six months, where necessary due to the specific circumstances of the case, in particular the nature and complexity of the subject of the report, which may require a lengthy investigation.

Amendment 228 #

Proposal for a directive
Recital 62

(62) As a rule, reporting persons should first use the internal channels at their disposal and report to their employer. However, it may be the case that internal channels do not exist (in case of entities which are not under an obligation to establish such channels by virtue of this Directive or applicable national law) or that their use is not mandatory (which may be the case for persons who are not in an employment relationship), or that they were used but did not function properly (for instance the report was not dealt with diligently or within a reasonable timeframe, or no action was taken to address the breach of law despite the positive results of the enquiry).deleted

Amendment 229 #

Proposal for a directive
Recital 63

(63) In other cases, internal channels could not reasonably be expected to function properly, for instance, where the reporting persons have valid reasons to believe that they would suffer retaliation in connection with the reporting; that their confidentiality would not be protected; that the ultimate responsibility holder within the work-related context is involved in the breach; that the breach might be concealed; that evidence may be concealed or destroyed; that the effectiveness of investigative actions by competent authorities might be jeopardised or that urgent action is required (for instance because of an imminent risk of a substantial and specific danger to the life, health and safety of persons, or to the environment. In all such cases, persons reporting externally to the competent authorities and, where relevant, to bodies, offices or agencies of the Union shall be protected. Moreover, protection is also to be granted in cases where Union legislation allows for the reporting person to report directly to the competent national authorities or bodies, offices or agencies of the Union, for example in the context of fraud against the Union budget, prevention and detection of money laundering and terrorist financing or in the area of financial services.deleted

Amendment 230 #

Proposal for a directive
Recital 65

(65) Reporting persons should be protected against any form of retaliation, whether direct or indirect, taken by their employer or customer/recipient of services and by persons working for or acting on behalf of the latter, including co-workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his/her work-related activities, where retaliation is recommended or tolerated by the concerned person. Protection should be provided against retaliatory measures taken vis-à-vis the reporting person him/herself but also those that may be taken vis-à-vis the legal entity he/she represents, such as denial of provision of services, blacklisting or business boycotting. Protection against retaliation should also be granted to natural or legal persons closely linked to the reporting person, irrespective of the nature of the activities, and whether they are paid or not. Indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work-related connection with the latter’s employer or customer/recipient of services and workers’ representatives who have provided support to the reporting person.

Amendment 231 #

Proposal for a directive
Recital 66

(66) Where retaliation occurs undeterred and unpunished, it has a chilling effect on potential whistleblowers. A clear prohibition of retaliation in law has an important dissuasive effect, further strengthened by provisions for personal liability and penalties - proportionate but applied effectively - for the perpetrators of retaliation.

Amendment 232 #

Proposal for a directive
Recital 78

(78) Penalties are necessary to ensure the effectiveness of the rules on whistleblower protection. Penalties against those who take retaliatory or other adverse actions against reporting persons can discourage further such actions. Penalties against persons who make a false report or disclosure ~~demonstrated to be knowingly false~~ are necessary to deter further malicious reporting and preserve the credibility of the system, on condition, of course, that it has been demonstrated that such persons knew the report or disclosure not to be true. The proportionality of such penalties should ensure that they do not have a dissuasive effect on potential whistleblowers.

Amendment 233 #

Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part

a) breaches falling within the scope of the Union acts, and especially those set out in the Annex (Part I and Part II) as regards the following areas:

Amendment 234 #

Proposal for a directive
Article 1 – paragraph 1 – point a – point iii

(iii) food and non-food product safety;

Amendment 235 #

Proposal for a directive
Article 1 – paragraph 1 – point a – point v

(v) protection of the environment, sustainable development, waste management, sea, air and noise pollution, protection and management of water and soils, protecting the natural world and biodiversity as well as combating climate change and wildlife crime;

Amendment 236 #

Proposal for a directive
Article 1 – paragraph 2

2. Where specific rules on the reporting of breaches are provided for in sector-specific Union acts listed in Part 2 of the Annex, those rules shall apply. The provisions of this Directive shall be applicable for all matters relating to the protection of reporting persons not regulated in those sector-specific Union acts. This paragraph shall apply only in cases where the protection foreseen in sector-specific acts is higher than the one guaranteed by this directive.

Amendment 237 #

Proposal for a directive
Article 3 – paragraph 1 – point 1

(1) ‘breaches’ means actual or potential unlawful activities or, abuse of law or misconduct relating to ~~the~~ Union ~~acts and areas falling within the scope referred to in Article 1 and in the Annex~~law or the public interest;

Amendment 238 #

Proposal for a directive
Article 3 – paragraph 1 – point 3

(3) ‘abuse of law’ means acts or omissions falling within the scope of Union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules, or represent a danger or a potential danger to the public interest;

Amendment 239 #

Proposal for a directive
Article 3 – paragraph 1 – point 4 – indent 1 (new)

- 'information of public interest' means any information relating to or arising from the activities of a public or private entity and relating to rights, health and public finances;

Amendment 240 #

Proposal for a directive
Article 3 – paragraph 1 – point 4 – indent 2 (new)

- ' general public interest' means any action that affects rights, health and public finances in general and involves public entities guaranteeing and respecting legitimate individual rights, freedoms and interests;

Amendment 241 #

Proposal for a directive
Article 3 – paragraph 1 – point 5

(5) ‘report’ means the provision of information relating to a breach which has occurred or is likely to occur ~~in the organisation at which the reporting person works or has worked or~~and/or in the event of a serious, imminent threat or where there ins a~~nother organisation with which he or she is or was in contact through his or her work~~ risk of irreversible damage to the environment and/or public health;

Amendment 242 #

Proposal for a directive
Article 3 – paragraph 1 – point 9

(9) ‘reporting person’ means a natural or legal person who reports or discloses information on breaches ~~acquired in the context of his or her work-related activities~~; who contributes, assists or aids to reveal or make public information on breaches; as well as persons representing the reporting person and family and relatives of the reporting person;

Amendment 243 #

Proposal for a directive
Article 4 – paragraph 6 – point d a (new)

d a) European Union institutions, agencies and bodies;

Amendment 244 #

Proposal for a directive
Article 5 – paragraph 1 – point c

c) diligent follow up to the report by the designated person or department and appropriate and timely action if needed;

Amendment 245 #

Proposal for a directive
Article 5 – paragraph 1 – point d

d) a reasonable timeframe, not exceeding 30 days or three months ~~following the report,~~in duly justified cases following the report, with an acknowledgement of the report within 30 days to provide feedback to the reporting person about the follow-up to the report;

Amendment 246 #

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall designate the authorities competent to receive and handle reports to ensure that they are closely followed up and that reporting persons are protected.

Amendment 247 #

Proposal for a directive
Article 6 – paragraph 4 a (new)

4a. Member States shall ensure that reporting persons have access to legal aid during the procedure.

Amendment 248 #

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person without long and pointless administrative procedures;

Amendment 249 #

Proposal for a directive
Article 13 – paragraph 2

2. A person reporting externally shall qualify for protection under this Directive where one of the following conditions is fulfilled : a) he or she first reported internally but no appropriate action was taken in response to the report within the reasonable timeframe referred in Article 5; b) internal reporting channels were not available for the reporting person or the reporting person could not reasonably be expected to be aware of the availability of such channels; c) the use of internal reporting channels was not mandatory for the reporting person, in accordance with Article 4(2); d) he or she could not reasonably be expected to use internal reporting channels in light of the subject-matter of the report; e) he or she had reasonable grounds to believe that the use of internal reporting channels could jeopardise the effectiveness of investigative actions by competent authorities; f) he or she was entitled to report directly through the external reporting channels to a competent authority by virtue of Union law.deleted

Amendment 250 #

Proposal for a directive
Article 13 – paragraph 2 a (new)

2 a. A person who anonymously disclosed information that falls within the scope of this directive and whose identity was revealed shall also qualify for protection under this Directive.

Amendment 251 #

Proposal for a directive
Article 13 – paragraph 3

3. A person reporting to relevant bodies, offices or agencies of the Union on breaches falling within the scope of this Directive shall qualify for protection as laid down in this Directive under the same conditions as a person who reported externally in accordance with the conditions set out in paragraph 2.deleted

Amendment 252 #

Proposal for a directive
Article 13 – paragraph 4 – point b

b) he or she could not reasonably be expected to use internal and/or external reporting channels due, for instance, to imminent or manifest danger for the public interest, or to the particular circumstances of the case, or where there is a risk of irreversible damage.

Amendment 253 #

Proposal for a directive
Article 14 – paragraph 1 – introductory part

Member States shall take the necessary measures to prohibit any form of retaliation, whether direct or indirect, against reporting persons ~~meeting the conditions set out in Article 13~~, or those preparing an imminent report or disclosure, as well as those assisting them, under the scope of this Directive, including in particular in the form or threat of:

Amendment 254 #

Proposal for a directive
Article 14 – paragraph 1 – point c

c) transfer of duties, change of location of place of work, reduction in wages and benefits, change in working hours;

Amendment 255 #

Proposal for a directive
Article 14 – paragraph 1 – point e

e) negative performance assessment or employment reference, or refusal to provide an employment reference;

Amendment 256 #

Proposal for a directive
Article 14 – paragraph 1 – point g

g) coercion, intimidation, harassment or ostracism at the workplace or failure to address them;

Amendment 257 #

Proposal for a directive
Article 14 – paragraph 1 – point n a (new)

n a) refusal to consider a feasible transfer option upon the reporting person's request.

Amendment 258 #

Nicola CAPUTO

Proposal for a directive
Article 15 – paragraph 8

8. In addition to providing legal aid to reporting persons in criminal and in cross- border civil proceedings in accordance with Directive (EU) 2016/1919 and Directive 2008/52/EC of the European Parliament and of the Council63, and in accordance with national law, Member States may provide for further measures of legal and financial assistance and support for reporting persons in the framework of legal proceedings and also in situations in which the reporting person faces threats intended to prevent justice from being done. _________________ 63 Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (OJ L 136, 24.5.2008, p. 3).

Amendment 259 #

Proposal for a directive
Article 17 – paragraph 2

2. Member States shall provide for effective, proportionate and dissuasive penalties applicable to persons making malicious or abusive reports or disclosures, including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures. This shall not apply to reports and disclosures made in good faith, with reasonable grounds to believe that the facts reported or disclosed were true.

Amendment 260 #

Proposal for a directive
Article 22 a (new)

Article 22 a Delegated acts to update the annex Whenever a new EU legal act falls into the material scope laid down in Article 1 (1) (a) or Article 1 (2), the Commission shall update the Annexes accordingly via a delegated act.

Amendment 261 #

Proposal for a directive
Annex I – part I – subpart A – point 1 – introductory part

1. Procedures for procurement relating to supplies contracts for defence products and supplies and services contracts for water, energy, transport and postal services and any other contract or service as regulated in particular under Union legislation:

Amendment 262 #

Proposal for a directive
Annex I – part I – subpart A – point 2 – introductory part

2. Review procedures regulated in particular by:

Amendment 263 #

Proposal for a directive
Annex I – part I – subpart C – point 1 – introductory part

1. General safety requirements of products placed in the Union market as defined and regulated in particular by:

Amendment 264 #

Proposal for a directive
Annex I – part I – subpart D – point 3 – introductory part

3. Safety requirements in the road sector as regulated in particular by:

Amendment 265 #

Proposal for a directive
Annex I – part I – subpart E – title

E Article 1(a)(v) – protection of the environment:, sustainable development, waste management, sea, air and noise pollution, protection and management of water and soils, protecting the natural world and biodiversity as well as combating climate change and wildlife crime;

Amendment 266 #

Proposal for a directive
Annex I – part I – subpart E – point ix a (new)

(ix a) Other legislative acts relevant to the protection of the environment, sustainable development, waste management, sea, air and noise pollution, protection and management of water and soils, protecting the natural world and biodiversity as well as combating climate change and wildlife crime, in particular: Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein Commission Regulation (EC) No 865/2006 of 4 May 2006laying down detailed rules concerning the implementation of Council Regulation(EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein Council Regulation (EC) No 1005/2008 of 29 September2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93,(EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC)No 1093/94 and (EC) No 1447/1999 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7) Directive2009/147/EC of the European Parliament and of the Council of 30 November 2009on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7) Regulation(EU) No 1143/2014 of the European Parliament and of the Council of 22 October2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35) Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (OJ L 263,3.10.2001, p. 1) Council Regulation (EC) No 1239/98 of 8 June 1998 amending Regulation (EC) No 894/97laying down certain technical measures for the conservation of fishery resources Council Regulation (EC) No 708/2007 of 11 June 2007 concerning use of alien and locally absent species in aquaculture (OJ L 168, 28.6.2007, p. 1) Council Directive 83/129/EC of 28 March 1983 concerning the importation into Member States of skins of certain seal pups and products derived therefrom (OJ L 91,9.4.1983, p. 30) Regulation(EC) No 1007/2009 of the European Parliament and of the Council of 16 September2009 on trade in seal products (OJ L 286, 31.10.2009, p. 36) Council Regulation (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (OJ L 201, 30.7.2008, p. 8) Council Regulation (EC) No 812/2004 of 26 April 2004 laying down measures concerning bycatches of cetaceans in fisheries and amending Regulation (EC) No 88/98 (OJ L150, 30.4.2004, p. 12) Regulation(EC) No 1523/2007 of the European Parliament and of the Council of 11 December2007 banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur (OJ L 343,27.12.2007, p. 1) Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (OJ L 94, 9.4.1999, p. 24) Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (OJ L347, 30.12.2005, p. 1) Commission Regulation (EU) No 1307/2014 of 8 December 2014 on defining the criteria and geographic ranges of highly biodiverse grassland for the purposes of Article7b(3)(c) of Directive 98/70/EC of the European Parliament and of the Council relating to the quality of petrol and diesel fuels and Article 17(3)(c) of Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources (OJ L 351, 9.12.2014, p.3) Directive2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive90/313/EEC Regulation(EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001regarding public access to European Parliament, Council and Commission documents Regulation(EC) No 1367/2006 of the European Parliament and of the Council of 6 September2006 on the application of the provisions of the Aarhus Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters to Community institutions and bodies Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amending with regard to public participation and access to justice Council Directives 85/337/EEC and 96/61/EC Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) Regulation(EU) No 1293/2013 of the European Parliament and of the Council of 11 December2013 on the establishment of a Programme for the Environment and Climate Action(LIFE) and repealing Regulation (EC) No 614/2007 Directive2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC Directive2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (OJ L 140, 5.6.2009, p. 63), and all related Regulations; Regulation(EU) No 421/2014 of the European Parliament and of the Council of 16 April 2014amending Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community, in view of the implementation by 2020of an international agreement applying a single global market-based measure to international aviation emissions (OJ L 129, 30.4.2014, p. 1); Directive2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC,2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140,5.6.2009, p. 114); Regulation(EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13); Regulation(EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ L150, 20.5.2014, p. 195) Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for taxation of energy products and electricity (OJ L 283 of 31.10.2003 p. 51) Directive2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1) Directive2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3) Commission Regulation (EU) No 1357/2014 of 18 December 2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ L 365, 19.12.2014, p. 89–96) Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999,p. 1) Regulation(EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006on shipments of waste (OJ L 190, 12.7.2006, p. 1) European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10) Directive(EU) 2015/720 of the European Parliament and of the Council of 29 April 2015amending Directive 94/62/EC as regards reducing the consumption of light weight plastic carrier bags (OJ L 115, 6.5.2015, p. 11) Directive2012/19/EU on waste electrical and electronic equipment (WEEE) (OJ L 197,24.7.2012, p. 38) Directive2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (OJ L 266, 26.9.2006, p. 1) Directive2011/65/EU of the European Parliament and the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88) Directive2000/53/EC of the European Parliament and of the Council of 18 September 2000on end-of life vehicles (OJ L 269, 21.10.2000, p. 34) Directive2005/64/EC of the European Parliament and of the Council of 26 October 2005 on the type-approval of motor vehicles with regard to their reusability, recyclability and recoverability and amending Council Directive 70/156/EEC (OJL 310, 25.11.2005, p. 10); Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinatedbiphenyls and polychlorinated terphenyls (PCB/PCT) (OJ L 243, 24.9.1996, p. 31) Directive2011/65/EU of the European Parliament and the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 88) Council Regulation (Euratom) No 1493/93 of 8 June 1993 on shipments of radioactive substances between Member States (OJ L 148, 19.6.1993, p. 1) Directive2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment(OJ L 197, 21.7.2001, p. 30) Regulation(EC) No 66/2010 of the European Parliament and of the Council of 25 November2009 on the EU Ecolabel (OJ L 27, 30.1.2010, p. 1) Directive2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe (OJ L 152, 11.6.2008, p. 1) Directive2004/107/EC of the European Parliament and of the Council of 15 December 2004relating to arsenic, cadmium, mercury, nickel and polycyclic aromatichydrocarbons in ambient air Regulation(EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158,30.4.2004, p. 7) Regulation(EC) No 1005/2009 of the European Parliament and of the Council of 16 September2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1) Directive2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (OJ L 309,27.11.2001, p. 22) European Parliament and Council Directive 94/63/EC of 20 December 1994 on the control of volatile organic compound (VOC) emissions resulting from the storage of petrol and its distribution from terminals to service stations (OJ L 365, 31.12.1994,p. 24) Directive98/70/EC of the European Parliament and of the Council of 13 October 1998relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC Directive2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations (OJ L 285, 31.10.2009, p. 36) Regulation(EC) No 715/2007 of the European Parliament and of the Council of 20 June 2007on type approval of motor vehicles with respect to emissions from light passenger and commercial vehicles (Euro 5 and Euro 6) and on access to vehicle repair and maintenance information (OJ L 171, 29.6.2007, p. 1) Regulation(EC) No 595/2009 of the European Parliament and of the Council of 18 June 2009on type-approval of motor vehicles and engines with respect to emissions from heavy duty vehicles (Euro VI) and on access to vehicle repair and maintenance information and amending Regulation (EC) No 715/2007 and Directive 2007/46/EC and repealing Directives 80/1269/EEC, 2005/55/EC and 2005/78/EC (OJ L 188,18.7.2009, p. 1) Directive2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1) Regulation(EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 140, 5.6.2009, p. 1) Directive1999/94/EC relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars (OJ L 12,18.1.2000, p. 16) Regulation(EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 145, 31.5.2011, p. 1) Directive2006/40/EC of the European Parliament and of the Council of 17 May 2006relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12) Directive2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (OJ L 120,15.5.2009, p. 12) Regulation(EU) 2016/1628 of the European Parliament and of the Council of 14 September2016 on requirements relating to gaseous and particulate pollutant emission limits and type- approval for internal combustion engines for non-road mobile machinery, amending Regulations (EU) No 1024/2012 and (EU) No 167/2013, and amending and repealing Directive 97/68/EC (OJ L 252, 16.9.2016, p. 53) Directive2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334,17.12.2010, p. 17) Directive2008/101/EC of the European Parliament and of the Council of 19 November 2008amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community (OJ L8, 13.1.2009, p. 3) Directive2006/38/EC of the European Parliament and of the Council of 17 May 2006amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures (OJ L 157, 9.6.2006, p. 8) Regulation(EC) No 549/2004 of the European Parliament and of the Council of 10 March 2004laying down the framework for the creation of the single European sky (the framework Regulation) (OJ L 96, 31.3.2004, p. 1) Directive2002/84/EC of the European Parliament and of the Council of 5 November 2002amending the Directives on maritime safety and the prevention of pollution from ships (OJ L 324, 29.11.2002, p. 53) Regulation(EU) No 546/2014 of the European Parliament and of the Council of 15 May 2014amending Council Regulation (EC) No 718/1999 on a Community-fleet capacity policy to promote inland waterway transport Directive2009/30/EC of the European Parliament and of the Council of 23 April 2009amending Directive 98/70/EC as regards the specification of petrol, diesel and gas-oil and introducing a mechanism to monitor and reduce greenhouse gas emissions and amending Council Directive 1999/32/EC as regards the specification of fuel used by inland waterway vessels and repealing Directive93/12/EEC (OJ L 140, 5.6.2009, p. 88) Regulation(EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003on the prohibition of organotin compounds on ships (OJ EU L 115, 9.5.2003, p.1) Directive2002/49/EC of the European Parliament and of the Council of 25 June 2002relating to the assessment and management of environmental noise (OJ L 189,18.7.2002, p. 12) Directive2000/14/EC of the European Parliament and of the Council of 8 May 2000 on the approximation of the laws of the Member States relating to the noise emission in the environment by equipment for use outdoors (OJ L 162, 3.7.2000, p. 1) Directive2002/49/EC of the European Parliament and the Council of 25 June 2002 relating to the assessment and management of environmental noise Directive2000/60/EC of the European Parliament and of the Council of 23 October 2000establishing a framework for Community action in the field of water policy Directive2008/105/EC of the European Parliament and of the Council of 16 December 2008on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC,84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84) Directive2006/118/EC of the European Parliament and of the Council of 12 December 2006on the protection of groundwater against pollution and deterioration (OJ L 372,27.12.2006, p. 19) Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (OJL 135, 30.5.1991, p. 40) Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption Regulation(EC) No 648/2004 of the European Parliament and of the Council of 31 March 2004on detergents (OJ L 104, 8.4.2004, p. 1) Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources (OJ L 375,31.12.1991, p. 1) Directive2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (OJ L 288, 6.11.2007, p. 27) Directive2014/52/EU of the European Parliament and of the Council of 16 April 2014amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (OJ L 124, 25.4.2014, p. 1) Directive2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment Text with EEA relevance

Amendment 267 #

Proposal for a directive
Annex I – part I – subpart E – point ix a (new)

(ix a) ix a) Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 061, 3.3.1997, p. 1);

Amendment 268 #

Proposal for a directive
Annex I – part I – subpart E – point ix b (new)

(ix b) (ix b) Commission Regulation(EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 16619.6.2006, p. 1);

Amendment 269 #

Proposal for a directive
Annex I – part I – subpart E – point ix c (new)

(ix c) (ix c) Commission Implementing Regulation (EU) No 792/2012 of 23 August 2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006 (OJ L 242, 7.9.2012, p.13);

Amendment 270 #

Proposal for a directive
Annex I – part I – subpart F – paragraph 1 – introductory part

Rules on nuclear safety as regulated in particular by:

Amendment 271 #

Proposal for a directive
Annex I – part I – subpart F – paragraph 1 – point i

(i) Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18) as well as Council Directive2014/87/Euratom of 8 July 2014 amending Directive 2009/71/Euratom establishing a Community framework for the nuclear safety of nuclear installations (OJ L 219, 25.7.2014, p.42–52);

Amendment 272 #

Proposal for a directive
Annex I – part I – subpart G – title

G Article 1(a)(vii) – food and feed safety, animal health and animal welfare: Rules on food and feed safety, as regulated in particular by:

Amendment 273 #

Proposal for a directive
Annex I – part I – subpart G – point 3 a (new)

3 a. Other legislative acts relevant to food and feed safety, in particular: Regulation (EC) No 2003/2003 of the European Parliament and of the Council relating to fertilisers Regulation (EC) No 1069/2009 of the European Parliament and of the Council laying down health rules as regards animal by-products and derived products not intended for human consumption Regulation (EC) No 1107/2009 concerning the placing of plant protection products on the market and repealing Council Directives 91/414/EEC and 79/117/EEC Directive 2009/128/EC establishing a framework for Community action to achieve the sustainable use of pesticides Regulation (EC) No 396/2005 on maximum residue levels (MRLs)of pesticides in or on food and feed of plant and animal origin Council Regulation (Euratom) 3954/87 laying down maximum permitted levels of radioactive contamination of foodstuffs and of feedingstuffs following a nuclear accident or any other case of radiological emergency Council Regulation (Euratom) 944/89 laying down maximum permitted levels of radioactive contamination in minor foodstuffs following a nuclear accident or any other case of radiological emergency Council Regulation (EURATOM) 770/90 laying down maximum permitted levels of radioactive contamination of feedingstuffs following a nuclear accident or any other case of radiological emergency Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms Regulation (EC) No 1829/2003 on genetically modified food and feed Regulation (EC) No 1830/2003 on the traceability and labelling of GMOs and the traceability of food and feed products produced from GMOs and amending Directive 2001/18/EC Council Decision 2002/628/EC concerning the conclusion, on behalf of the European Community, on the Cartagena Protocol on Biosafety(2002). Official Journal of the European Communities, L 201/48 Directive2009/41/EC of the European Parliament and of the Council of 6 May 2009 on the contained use of genetically modified micro-organisms (recast) (OJ L 125,21.5.2009, p. 75) Regulation(EC) No 1946/2003 of the European Parliament and of the Council of 15 July 2003on trans boundary movements of genetically modified organisms (OJ L 287,5.11.2003, p. 1) Regulation(EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012concerning the making available on the market and use of biocidal products Directive 2001/82/EC on the Community code relating to veterinary medicinal products Regulation (EC) No 470/2009 laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin (repealing Regulation (EEC) No 2377/90) Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products Council Directive 96/22/EC concerning the prohibition on the use in stock- farming of certain active substances having a hormonal or thyrostatic action and of beta-agonists Regulation (EC) No 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption Council Directive 2002/99/EC on products of animal origin Commission Regulation (EC) No 2073/2005 on microbiological criteria for foodstuffs Regulation (EC) No 2160/2003 on the control of Salmonella and other specified food-borne zoonotic agents Directive 2003/99/EC of the European Parliament and of the Council on the monitoring of zoonoses and zoonotic agents Regulation (EC) No 1331/2008 on a common authorisation procedure for food additives, enzymes and flavourings Regulation (EC) No 1333/2008 on food additives Regulation (EC) No 1332/2008 on food enzymes Regulation (EC) No 1334/2008 on food flavourings Regulation (EC) No 2065/2003 on smoke flavourings Directive 2009/32/EC on extraction solvents used in the production of foods and food ingredients Council Regulation (EEC) No 315/93 laying down Community procedures for contaminants in food Commission Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs Directive 1999/2/EC of the European Parliament and of the Council on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation Regulation (EC) No 258/97 concerning novel foods and novel food ingredients Regulation (EC) No 1935/2004 of the European Parliament and of the Council on materials and articles intended to come into contact with food Council Directive 82/711/EEC laying down the basic rules necessary for testing migration of the constituents of plastic materials and articles intended to come into contact with foodstuffs Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers Council Directive 90/496/EEC of 24 September 1990 on nutrition labelling for foodstuffs Regulation (EU) No 609/2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control Council Directive 98/83/EC of 3 November 1998 on the quality of water intended for human consumption Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and(EC) No 1234/2007 Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development(EAFRD) and repealing Council Regulation (EC) No 1698/2005 Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No637/2008 and Council Regulation (EC) No 73/2009 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and(EC) No 1234/2007 Regulation(EC) No 1831/2003 of the European Parliament and of the Council of 22 September2003 on additives for use in animal nutrition Council Directive 90/167/EEC of26 March 1990 laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community coderelating to veterinary medicinal products Directive 2002/32/EC of the European Parliament and of the Council of 7 May 2002 on undesirable substances in animal feed Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation(EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC,93/113/EC and 96/25/EC and Commission Decision 2004/217/EC (Text with EEA relevance) Commission Directive 2008/38/EC of 5 March 2008 establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes Regulation (EC) No 183/2005 oft he European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene

Amendment 274 #

Proposal for a directive
Annex I – part I – subpart G – point 4 – introductory part

4. Protection of animal health and welfare as regulated in particular by:

Amendment 275 #

Proposal for a directive
Annex I – part I – subpart G – point 4 – point iii a (new)

(iii a) Other legislative acts relevant to animal health and welfare, in particular: Council Directive 74/577/EEC of 18 November 1974 on stunning of animals befores laughter Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra- Community trade in certain live animals and products with a view to the completion of the internal market Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC Council Directive 91/628/EEC of 19 November 1991 on the protection of animals during transport and amending Directives 90/425/EEC and 91/496/EEC Council Directive 95/29/EC of 29 June 1995 amending Directive 91/628/EEC concerning the protection of animals during transport Council Regulation (EC) No 411/98 of 16 February 1998 on additional animal protection standards applicable to road vehicles used for the carriage of livestock on journeys exceeding eight hours Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and93/119/EC and Regulation (EC) No 1255/97 Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (Text with EEA relevance) Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes Council Directive 1999/22/EC of 29 March1999 relating to the keeping of wild animals in zoos Commission Regulation (EC) No 1739/2005 of21 October 2005 laying down animal health requirements for the movement of circus animals between Member States (Text with EEA relevance) Commission Regulation (EC) No 318/2007 of 23 March 2007 laying down animal health conditions for imports of certain birds into the Community and the quarantine conditions thereof (Text with EEA relevance) Regulation(EC) No 1523/2007 of the European Parliament and of the Council of 11 December2007 banning the placing on the market and the import to, or export from, the Community of cat and dog fur, and products containing such fur (Text with EEA relevance ) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein Council Regulation(EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35) Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products Directive2010/63/EU of the European Parliament and of the Council of 22 September 2010on the protection of animals used for scientific purposes (OJ L 276,20.10.2010, p. 33) and Directive 86/609/EEC Directive 86/609/EEC(no longer in force)Council Directive 86/609/EEC of 24 November 1986 on the approximation of laws, regulations and administrative provisions of the Member States regarding the protection of animals used for experimental and other scientific purposes Council Directive 88/320/EEC of 9 June 1988 on the inspection and verification of Good Laboratory Practice (GLP) Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No1234/2007 Regulation (EU) No 1305/2013 of the European Parliament and of the Council of 17 December 2013 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) and repealing Council Regulation (EC) No 1698/2005 Regulation (EU) No 1307/2013 of the European Parliament and of the Council of 17 December 2013 establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy and repealing Council Regulation (EC) No 637/2008 and Council Regulation (EC) No 73/2009 Council Regulation (EEC) No 1906/90 of 26 June 1990 on certain marketing standards for poultry Council Regulation (EEC) No 1907/90 of 26 June 1990 on certain marketing standards for eggs Commission Regulation (EEC) No 1538/91 of 5 June1991 introducing detailed rules for implementing Regulation (EEC) No 1906/90 on certain marketing standards for poultry meat Regulation (EU) 2016/1012 of the European Parliament and of the Council of 8 June 2016 on zootechnical and genealogical conditions for the breeding, trade in and entry into the Union of pure bred breeding animals, hybrid breeding pigs and the germinal products thereof and amending Regulation (EU) No 652/2014, Council Directives 89/608/EEC and90/425/EEC and repealing certain acts in the area of animal breeding (‘Animal Breeding Regulation’) (Text with EEA relevance) Council Directive 2008/73/EC of 15 July 2008simplifying procedures of listing and publishing information in the veterinary and zootechnical fields and amending Directives 64/432/EEC, 77/504/EEC,88/407/EEC, 88/661/EEC, 89/361/EEC, 89/556/EEC, 90/426/EEC, 90/427/EEC,90/428/EEC, 90/429/EEC, 90/539/EEC, 91/68/EEC, 91/496/EEC, 92/35/EEC,92/65/EEC, 92/66/EEC, 92/119/EEC, 94/28/EC, 2000/75/EC, Decision 2000/258/EC and Directives 2001/89/EC, 2002/60/EC and 2005/94/EC (Text with EEA relevance) Council Regulation (EC) No 1255/97 of 25 June1997 concerning Community criteria for staging points and amending the route plan referred to in the Annex to Directive 91/628/EEC Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products Directives 2009/156/EC Council Regulation (EC) No 21/2004 Commission Decision 2006/968/EC Council Decision 1999/879/EC: Council Decision of 17 December 1999 concerning the placing on the market and administration of bovine somatotrophin (BST) and repealing Decision 90/218/EEC Council Directive 1999/74/EC of 19 July 1999laying down minimum standards for the protection of laying hens Directives 86/113/EEC and 88/166/EEC Laying down minimum standards for the protection of laying hens kept in battery cages Council Directive 2007/43/EC of 28 June 2007laying down minimum rules for the protection of chickens kept for meat production Council Directive 2008/119/EC of 18 December2008 laying down minimum standards for the protection of calves Council Directive 2008/120/EC of 18 December2008 laying down minimum standards for the protection of pigs Council Regulation (EEC) No 3254/91 of 4November 1991 prohibiting the use of leghold traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animal species originating in countries which catch them by means of legholdtraps or trapping methods which do not meet international humane trapping standards Regulation (EU) 2016/429 Transmissible animal diseases and amending and repealing certain acts in the area of animal health (Animal Health Law) and other legislation aimed at minimising animal Directive 2013/31/EU of the European Parliament and of the Council of 12 June 2013 amending Council Directive92/65/EEC as regards the animal health requirements governing intra- Union trade in and imports into the Union of dogs, cats and ferrets Regulation (EU) No 576/2013 of the European Parliament and of the Council of 12 June 2013 on the non-commercial movement of pet animals and repealing Regulation (EC) No 998/2003 Council Directive 2009/156/EC of 30 November2009 on animal health conditions governing the movement and importation from third countries of equidae Council Directive 92/35/EEC of 29 April 1992laying down control rules and measures to combat African horse sickness Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC Council Regulation (EC) No 1239/98 of 8 June 1998 amending Regulation (EC) No 894/97laying down certain technical measures for the conservation of fishery resources Council Directive 83/129/EC of 28 March 1983 concerning the importation into Member States of skins of certain seal pups and products derived therefrom (OJ L 91,9.4.1983, p. 30) Regulation(EC) No 1007/2009 of the European Parliament and of the Council of 16 September2009 on trade in seal products (OJ L 286, 31.10.2009, p. 36)

Amendment 276 #

Proposal for a directive
Annex I – part I – subpart H – point 1 – introductory part

1. Measures setting high standards of quality and safety of organs and substances of human origin, as regulated in particular by:

Amendment 277 #

Proposal for a directive
Annex I – part I – subpart H – point 2 – introductory part

2. Measures setting high standards of quality and safety for medicinal products and devices of medical use as regulated in particular by:

Amendment 278 #

Proposal for a directive
Annex I – part I – subpart H – point 5

5. Manufacture, presentation and sale of tobacco and related products regulated by Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1), and the advertising and sponsorship of tobacco products as regulated by Directive 2003/33/EC of the European Parliament and of the Council of 26 May 2003 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products.

Amendment 279 #

Proposal for a directive
Annex I – part I – subpart H – point 5 a (new)

5 a. Other legislative acts relating to public health, in particular: Commission Directive (EU)2016/1214 of 25 July 2016 amending Directive 2005/62/EC as regards quality system standards and specifications for blood establishments (OJ L 199,26.7.2016, p. 14) Commission Directive2005/61/EC of 30 September 2005 implementing Directive 2002/98/EC of the European Parliament and of the Council as regards traceability requirements and notification of serious adverse reactions and events (OJ L 256, 1.10.2005, p.32) Commission Directive2004/33/EC of 22 March 2004 implementing Directive 2002/98/EC of the European Parliament and of the Council as regards certain technical requirements for blood and blood components (OJ L 91, 30.3.2004, p. 25) Commission Directive2005/62/EC of 30 September 2005 implementing Directive 2002/98/EC of the European Parliament and of the Council as regards Community standards and specifications relating to a quality system for blood establishments (OJ L 256,1.10.2005, p. 41) Directive 2010/53/EU of the European Parliament and of the Council of 7 July 2010 on standards of quality and safety of human organs intended for transplantation Regulation (EU) 2017/745 of the European Parliament and of the Council of 5 April 2017 on medical devices, amending Directive 2001/83/EC, Regulation (EC) No 178/2002 and Regulation (EC) No1223/2009 and repealing Council Directives 90/385/EEC and 93/42/EEC Regulation (EU) 2017/746 of the European Parliament and of the Council of 5 April 2017 on in vitro diagnostic medical devices and repealing Directive 98/79/EC and Commission Decision 2010/227/EU Regulation (EC) No 1223/2009of the European Parliament and of the Council of 30 November 2009 on cosmetic products.

Amendment 280 #

Proposal for a directive
Annex I – part I – subpart I – paragraph 1 – introductory part

Consumer rights and consumer protection as regulated in particular by:

source: 623.961

2018/07/12 CULT 235 amendments...

Amendment 102 #

Proposal for a directive
Citation 6 a (new)

Having regard to the Charter of Fundamental Rights of the European Union, in particular Article 11 on Freedom of expression and information,

Amendment 103 #

Proposal for a directive
Citation 6 b (new)

Having regard to the European Parliament resolution of 14 February 2017 on the role of whistleblowers in the protection of EU’s financial interests,

Amendment 104 #

Proposal for a directive
Citation 6 c (new)

Having regard to the European Parliament resolution of 24 October 2017 on legitimate measures to protect whistle- blowers acting in the public interest when disclosing the confidential information of companies and public bodies,

Amendment 105 #

Proposal for a directive
Recital 1

(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in this context. By ‘blowing the whistle’ they play a key role in exposing and preventing breaches of the law and in safeguarding the ~~welfare of society~~common good. However, potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation.

Amendment 106 #

Stelios KOULOGLOU, Curzio MALTESE

Proposal for a directive
Recital 2

(2) At Union level, reports by whistleblowers are one upstream component of enforcement of Union law and policies: they feed national and Union enforcement systems with information leading to effective detection, investigation and prosecution of breaches of Union law.

Amendment 107 #

Proposal for a directive
Recital 2 a (new)

(2a) Acknowledging that all major scandals that have been made public since 2014, like LuxLeaks and Panama Papers, are all thanks to whistleblowers.

Amendment 108 #

Proposal for a directive
Recital 3

(3) In certain policy areas, breaches of Union law may cause ~~serious~~ harm to the public interest, in the sense of creating significant risks for the welfare of society. Where weaknesses of enforcement have been identified in those areas, and whistleblowers are in a privileged position to disclose breaches, it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing safe and effective reporting channels.

Amendment 109 #

(3) In certain policy areas, breaches of Union law may cause serious harm to the public interest, in the sense of creating significant risks for the ~~welfare of society~~common good. Where weaknesses of enforcement have been identified in those areas, and whistleblowers are in a privileged position to disclose breaches, it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels.

Amendment 110 #

Proposal for a directive
Recital 5

(5) Accordingly, common minimum standards ensuring effective whistleblower protection should apply in those acts and policy areas where i) there is a need to strengthen enforcement; ii) under-reporting by whistleblowers is a key factor affecting enforcement, and iii) breaches of Union law cause ~~serious~~ harm to the public interest.

Amendment 111 #

Proposal for a directive
Recital 5

Amendment 112 #

Proposal for a directive
Recital 6

(6) Whistleblower protection is necessary to enhance the enforcement of Union law on public procurement. In addition to the need of preventing and detecting fraud and corruption in the context of the implementation of the EU budget, including procurement, it is necessary to tackle insufficient enforcement of rules on public procurement by national public authorities and certain public utility operators when purchasing goods, works and services. Breaches of such rules create distortions of competition, increase costs for doing business, violate the interests of investors and shareholders and, overall, lower attractiveness for investment and create an uneven level playing field for all businesses across Europe, thus affecting the proper functioning of the internal market. In most of the cases such breaches place the trust of citizens in public institutions under a serious threat, thus jeopardising the proper functioning of democracy.

Amendment 113 #

Proposal for a directive
Recital 8

(8) As regards the safety of products placed into the internal market, the primary source of evidence-gathering are businesses involved in the manufacturing and distribution chain, so that reporting by whistleblowers has a high added value, since they are much closer to the source of possible unfair and ill~~icit~~egal manufacturing, import or distribution practices of unsafe products. This warrants the introduction of whistleblower protection in relation to the safety requirements applicable both to ‘harmonised products’36 and to ‘non- harmonised products’37. Whistleblower protection is also instrumental in avoiding diversion of firearms, their parts and components and ammunition, as well as defence-related products, by encouraging the reporting of breaches, such as document fraud, altered marking or false declarations of import or export and fraudulent intra-communitarian acquisition of firearms where violations often imply a diversion from the legal to the illegal market. Whistleblower protection will also help prevent the ill~~icit~~egal manufacture of homemade explosives by contributing to the correct application of restrictions and controls regarding explosives precursors. _________________ 36 The body of relevant ‘Union harmonisation legislation’ is circumscribed and listed in Regulation [XXX] laying down rules and procedures for compliance with and enforcement of Union harmonisation legislation, 2017/0353 (COD). 37 Regulated by Directive (EC) 2001/95 of the European Parliament and of the Council, of 3 December 2001, on general product safety (OJ L 11, p. 4).

Amendment 114 #

Proposal for a directive
Recital 10

(10) Evidence-gathering, detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the Commission Communication "EU actions to improve environmental compliance and governance" of 18 January 201840. Whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41, the introduction of such protection appears necessary to ensure effective enforcement of the Union environmental acquis, whose breaches can cause ~~serious~~ harm to the public interest with possible spill-over impacts across national borders. This is also relevant in cases where unsafe products can cause environmental harm. _________________ 40 COM(2018) 10 final. 41 Directive 2013/30/EU of the European Parliament and of the Council, of 12 June 2013, on safety of offshore oil and gas operations (OJ L 178, p. 66).

Amendment 115 #

Proposal for a directive
Recital 10

(10) Evidence-gathering, detecting and addressing environmental crimes and ~~unlawfu~~illegal conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the Commission Communication "EU actions to improve environmental compliance and governance" of 18 January 201840. Whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41, the introduction of such protection appears necessary to ensure effective enforcement of the Union environmental acquis, whose breaches can cause serious harm to the public interest with possible spill-over impacts across national borders. This is also relevant in cases where unsafe products can cause environmental harm. _________________ 40 COM(2018) 10 final. COM(2018) 10 final. 41 Directive 2013/30/EU of the European Parliament and of the Council, of 12 June 2013, on safety of offshore oil and gas operations (OJ L 178, p. 66).

Amendment 116 #

Proposal for a directive
Recital 14

(14) The protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of Union law which can ~~seriously~~ harm the public interest. Similar considerations apply for breaches of the Directive on the security of network and information systems45, which introduces notification of incidents (including those that do not compromise personal data) and security requirements for entities providing essential services across many sectors (e.g. energy, health, transport, banking, etc.) and providers of key digital services (e.g. cloud computing services). Whistleblowers' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services. It helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society. _________________ 45 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.

Amendment 117 #

Proposal for a directive
Recital 14

(14) The protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of Union law which can seriously harm the public interest. Similar considerations apply for breaches of the Directive on the security of network and information systems45, which introduces notification of incidents (including those that do not compromise personal data) and security requirements for entities providing essential services across many sectors (e.g. energy, health, transport, banking, etc.) and providers of key digital services (e.g. cloud computing services). Whistleblowers' reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services. It helps ensur~~ing~~e the continuity of services which are essential for the functioning of the internal market and the ~~wellbeing of society~~common good. _________________ 45 Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union.

Amendment 118 #

Proposal for a directive
Recital 16 a (new)

(16a) Combating the illegal trafficking in stolen cultural goods is a concern of the Union. The introduction of whistleblower protection would increase the ability of the European Commission and of the competent authorities in the Member States to detect this illegal trafficking and put an end to it.

Amendment 119 #

Proposal for a directive
Recital 17

(17) Acts which breach the rules of corporate tax and arrangements whose purpose is to obtain a tax advantage and to evade legal obligations, defeating the object or purpose of the applicable corporate tax law, negatively affect the proper functioning of the internal market. They can give rise to unfair tax competition and extensive tax evasion, distorting the level-playing field for companies and resulting in loss of tax revenues for Member States and for the Union budget as a whole, which will have a detrimental effect on taxpayers. Whistleblower protection adds to recent Commission initiatives aimed at improving transparency and the exchange of information in the field of taxation47 and creating a fairer corporate tax environment within the Union48, with a view to increasing Member States’ effectiveness in identifying evasive and/or abusive arrangements that could otherwise go undetected and will help deter such arrangements. _________________ 47 Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/799/EEC (as amended). 48 Council Directive (EU) 2016/1164 of 12 July 2016 laying down rules against tax avoidance practices that directly affect the functioning of the internal market (as amended); Proposal for a Council Directive on a Common Consolidated Corporate Tax Base, COM/2016/0683 final — 2016/0336; Proposal for a Council Directive on a Common Corporate Tax Base, COM/2016/0685 final — 2016/0337.

Amendment 120 #

Proposal for a directive
Recital 21 a (new)

(21a) This Directive shall not facilitate disclosure of confidential medical information or information covered by lawyer-client confidentiality.

Amendment 121 #

Proposal for a directive
Recital 22

(22) Persons who report information about threats or harm to the public interest obtained in the context of their work- related activities make use of their right to freedom of expression. The right to freedom of expression, enshrined in Article 11 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and in Article 10 of the European Convention on Human Rights (ECHR), encompasses the right to receive and impart information as well as media freedom and pluralism.

Amendment 122 #

Proposal for a directive
Recital 24

(24) Persons need specific legal protection where they acquire the information they report through their work- related activities and therefore run the risk of work-related retaliation (for instance, for breaching the duty of confidentiality or loyalty). The underlying reason for providing them with protection is their position of ~~economic~~ vulnerability vis-à- vis the person on whom they de facto depend for work. ~~When there is no such work-related power imbalance (for instance in the case of ordinary complainants or citizen bystanders) there is no need for protection against retaliation.~~

Amendment 123 #

Proposal for a directive
Recital 24

(24) Persons need specific legal protection where they acquire the information they report through their work- related activities and therefore run the risk of work-related retaliation (for instance, for breaching the duty of confidentiality or loyalty). The underlying reason for providing them with protection is their position of economic vulnerability vis-à- vis the person on whom they de facto depend for work. ~~When there is no such work-related power imbalance (for instance in the case of ordinary complainants or citizen bystanders) there is no need for protection against retaliation.~~

Amendment 124 #

Proposal for a directive
Recital 24

(24) Persons need specific ~~legal~~ protection (legal, economic, social and psychological) where they acquire the information they report through their work- related activities and therefore run the risk of work-related retaliation (for instance, for breaching the duty of confidentiality or loyalty). The underlying reason for providing them with protection is, amongst others, their position of ~~economic~~ vulnerability vis-à- vis the person on whom they de facto depend for work. ~~When there is no such work-related power imbalance (for instance in the case of ordinary complainants or citizen bystanders) there is no need for protection against retaliation~~Furthermore, the protection should be granted to incentive citizens to report breaches of law in order to safeguard the public interest and proper functioning of democracy.

Amendment 125 #

Proposal for a directive
Recital 25

(25) Effective enforcement of Union law requires that protection is granted to the broadest possible range of categories of persons, who, irrespective of whether they are EU citizens or third-country nationals, by virtue of work-related or student activities (irrespective of the nature of these activities, whether they are paid or not), have privileged access to information about breaches that would be in the public’s interest to report and who may suffer retaliation if they report them. Member States should ensure that the need for protection is determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship, so as to cover the whole range of persons connected in a broad sense to the organisation where the breach has occurred.

Amendment 126 #

Proposal for a directive
Recital 25

(25) Effective ~~enforcement of Union law requires that protection is~~protection needs to be granted to the broadest possible range of categories of persons, who, irrespective of whether they are EU citizens or third- country nationals, by virtue of work-related activities (irrespective of the nature of these activities, whether they are paid or not), have privileged access to information about breaches that would be in the public’'s interest to report and who may suffer retaliation if they report them. Member States should ensure that the need for protection is determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship, so as to cover the whole range of persons connected in a broad sense to the organisation where the breach has occurred.

Amendment 127 #

Proposal for a directive
Recital 26

(26) Protection should, firstly, apply to persons having the status of 'workers', within the meaning of Article 45 TFEU, as interpreted by the Court of Justice of the European Union52, i.e. persons who, for a certain period of time, perform services for and under the direction of another person, in return of which they receive remuneration. Protection should thus also be granted to workers in non-standard employment relationships, including part- time workers, paid trainees and fixed-term contract workers, as well as persons with a contract of employment or employment relationship with a temporary agency, which are types of relationships where standard protections against unfair treatment are often difficult to apply. _________________ 52 Judgments of 3 July 1986, Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C- 413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.

Amendment 128 #

Proposal for a directive
Recital 27

(27) Protection should also extend to further categories of natural or legal persons, who, whilst not being 'workers' within the meaning of Article 45 TFEU, can play a key role in exposing breaches of the law and may find themselves in a position of ~~economic~~ vulnerability in the context of their work-related activities. For instance, in areas such as product safety, suppliers are much closer to the source of possible unfair and illicit manufacturing, import or distribution practices of unsafe products; in the implementation of Union funds, consultants providing their services are in a privileged position to draw attention to breaches they witness. Such categories of persons, including self- employed persons providing services, freelance, contractors, sub-contractors and suppliers, are typically subject to retaliation in the form of early termination or cancellation of contract of services, licence or permit, loss of business, loss of income, coercion, intimidation or harassment, blacklisting/business boycotting or damage to their reputation. Shareholders and persons in managerial bodies, may also suffer retaliation, for instance in financial terms or in the form of intimidation or harassment, blacklisting or damage to their reputation. Protection should also be granted to candidates for employment or for providing services to an organisation who acquired the information on breaches of law during the recruitment process or other pre-contractual negotiation stage, and may suffer retaliation for instance in the form of negative employment references or blacklisting/business boycotting.

Amendment 129 #

Proposal for a directive
Recital 27

Amendment 130 #

Proposal for a directive
Recital 29

(29) Effective detection and prevention of ~~serious~~ harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law, namely acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose of the law.

Amendment 131 #

Proposal for a directive
Recital 29

Amendment 132 #

Proposal for a directive
Recital 30

(30) Effective prevention of breaches of Union law requires that protection is also granted to persons who provide information about potential breaches, which have not yet materialised, but are likely to be committed. For the same reasons, protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions. ~~At the same time, protection should not apply to the reporting of information which is already in the public domain or of unsubstantiated rumours and hearsay.~~

Amendment 133 #

Proposal for a directive
Recital 30

(30) Effective prevention of breaches of Union law requires that protection is also granted to persons who provide information about potential breaches, which have not yet materialised, but are likely to be committed. For the same reasons, protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions. At the same time, protection should not apply to the reporting of ~~information which is already in the public domain or of~~ unsubstantiated rumours and hearsay.

Amendment 134 #

Proposal for a directive
Recital 31

(31) Retaliation expresses the close (cause and effect) relationship that must exist between the report and the adverse treatment suffered, directly or indirectly, by the reporting person, so that this person can enjoy legal protection. Effective protection of reporting persons as a means of enhancing the enforcement of Union law requires a broad definition of retaliation, encompassing any act or omission occurring in the work-related or student context which causes them detriment.

Amendment 135 #

Proposal for a directive
Recital 31

(31) Retaliation expresses the close (cause and effect) relationship that must exist between the report and the adverse treatment suffered, directly or indirectly, by the reporting person, so that this person can enjoy, amongst others, legal protection. Effective protection of reporting persons as a means of enhancing the enforcement of Union law requires a broad definition of retaliation, encompassing any act or omission occurring in the work-related context which causes them detriment.

Amendment 136 #

Proposal for a directive
Recital 32 a (new)

(32a) Potential whistleblowers should seek wherever possible to inform internal reporting systems or agencies but wherever they deem that such course of action will be inadequate, they should be free to decide that the public should be informed directly, for example through the media. Whistleblowers should be protected no matter what their choice of reporting channel is.

Amendment 137 #

Proposal for a directive
Recital 33

Amendment 138 #

Proposal for a directive
Recital 34

(34) It is for the Member States to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this Directive. These may be regulatory or supervisory bodies in the areas concerned, law enforcement agencies, anti-corruption bodies and ombudsmen. The authorities designated as competent shall be independent and have the necessary capacities and powers to impartially and objectively assess the accuracy of the allegations made in the report and to address the breaches reported, including by launching an investigation, prosecution or action for recovery of funds, or other appropriate remedial action, in accordance with their mandate.

Amendment 139 #

Proposal for a directive
Recital 34

(34) It is for the Member States to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this Directive. These may be judicial authorities, regulatory or supervisory bodies in the areas concerned, law enforcement agencies, anti-corruption bodies and ombudsmen. The authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported, including by launching an investigation, prosecution or action for recovery of funds, or other appropriate remedial action, in accordance with their mandate.

Amendment 140 #

Proposal for a directive
Recital 36

(36) Some bodies, offices and agencies of the Union, such as the European Anti- Fraud Office (OLAF), the European Maritime Safety Agency (EMSA), the European Aviation Safety Agency (EASA) and the European Medicines Agency (EMA), have in place external channels and procedures for receiving reports on breaches falling within the scope of this Directive, which mainly provide for confidentiality of the identity of the reporting persons and of the natural persons concerned by the reports. This Directive does not affect such external reporting channels and procedures, where they exist, but will ensure that persons reporting to those bodies, offices or agencies of the Union benefit from common minimum standards of protection throughout the Union.

Amendment 141 #

Proposal for a directive
Recital 38

(38) For legal entities in the private sector, the obligation to establish internal channels is commensurate with their size and the level of risk their activities pose to the public interest. It should apply to all medium-sized and large entities irrespective of the nature of their activities, based on their obligation to collect VAT. As a general rule small and micro undertakings, as defined in Article 2 of the Annex of the Commission Recommendation of 6 May 2003, as amended56 , should be exempted from the obligation to establish internal channels. However, following an appropriate risk assessment, Member States may require small undertakings to establish internal reporting channels in specific cases (e.g. due to the significant risks that may result from their activities). _________________ 56Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).deleted

Amendment 142 #

Proposal for a directive
Recital 39

(39) The exemption of small and micro undertakings from the obligation to establish internal reporting channels should not apply to private undertakings active in the area of financial services. Such undertakings should remain obliged to establish internal reporting channels, in line with the current obligations set forth in the Union acquis on financial services.deleted

Amendment 143 #

Proposal for a directive
Recital 40

(40) It should be clear that, in the case of private legal entities which do not provide for internal reporting channels, reporting persons should be able to report directly externally to the competent authorities and such persons should enjoy the protection against retaliation provided by this Directive.Does not affect the English version.)

Amendment 144 #

Proposal for a directive
Recital 40

(40) It should be clear that, in the case of private legal entities which ~~do not~~fail to provide for internal reporting channels, reporting persons should be able to report directly externally to the competent authorities and such persons should enjoy the protection against retaliation provided by this Directive.

Amendment 145 #

Proposal for a directive
Recital 41

(41) To ensure in particular, the respect of the public procurement rules in the public sector, the obligation to put in place internal reporting channels should apply to all public legal entities, at local, regional and national level, whilst being commensurate with their size. In cases where internal channels are not provided in small public entities, Member States may provide for internal reporting within a higher level in the administration (that is to say at regional or central level).

Amendment 146 #

Proposal for a directive
Recital 42

(42) Provided the confidentiality of the identity of the reporting person is ensured, it is up to each individual private and public legal entity to define the kind of reporting channels to set up, such as in person, by post, by physical complaint box(es), by telephone hotline or through an online platform (intranet or internet). However, reporting channels should not be limited to those amongst the tools, such as in-person reporting and complaint box(es), which do not guarantee confidentiality of the identity of the reporting person.Does not affect the English version.)

Amendment 147 #

Proposal for a directive
Recital 45

(45) The most appropriate persons or departments within a private legal entity to be designated as competent to receive and follow up on reports depend on the structure of the entity, but, in any case, they shall be designated in close collaboration with the employees or employee representatives and their function should ensure absence of conflict of interest and independence. In smaller entities, this function could be a dual function held by a company officer well placed to report directly to the organisational head, such as a chief compliance or human resources officer, a legal or privacy officer, a chief financial officer, a chief audit executive or a member of the board.

Amendment 148 #

Proposal for a directive
Recital 46

(46) In the context of internal reporting, the quality and transparency of information provided on the follow up procedure to the report is crucial to build trust in the effectiveness of the overall system of whistleblower protection and reduces the likelihood of further unnecessary reports or public disclosures. The reporting person should be informed within a reasonable timeframe about the action envisaged or taken as follow up to the report (for instance, closure based on lack of sufficient evidence or other grounds, launch of an internal enquiry and possibly its findings and/or measures taken to address the issue raised, referral to a competent authority for further investigation) as far as such information would not prejudice the enquiry or investigation or affect the rights of the concerned person. Such reasonable timeframe should not exceed in total three months. Where the appropriate follow up is still being determined, the reporting person should be informed about this and about any further feedback he/she should expect.Does not affect the English version.)

Amendment 149 #

Proposal for a directive
Recital 46

(46) In the context of internal reporting, the quality and transparency of information provided on the follow up procedure to the report is crucial to build trust in the effectiveness of the overall system of whistleblower protection and reduces the likelihood of further un~~necessary~~justified reports or public disclosures. The reporting person should be informed within a reasonable timeframe about the action envisaged or taken as follow up to the report (for instance, closure based on lack of sufficient evidence or other grounds, launch of an internal enquiry and possibly its findings and/or measures taken to address the issue raised, referral to a competent authority for further investigation) as far as such information would not prejudice the enquiry or investigation or affect the rights of the concerned person. Such reasonable timeframe should not exceed in total three months. Where the appropriate follow -up is still being determined, the reporting person should be informed about this and about any further feedback he/she should expect.

Amendment 150 #

Proposal for a directive
Recital 46

(46) In the context of internal reporting, the quality and transparency of information provided on the follow up procedure to the report is crucial to build trust in the effectiveness of the overall system of whistleblower protection and reduces the likelihood of further unnecessary reports or public disclosures. The reporting person should be informed within a reasonable timeframe about the action envisaged or taken as follow up to the report (for instance, closure based on lack of sufficient evidence or other grounds, launch of an internal enquiry and possibly its findings and/or measures taken to address the issue raised, referral to a competent authority for further investigation) as far as such information would not prejudice the enquiry or investigation or affect the rights of the concerned person. Such reasonable timeframe should not exceed in total t~~hree~~wo months. Where the appropriate follow up is still being determined, the reporting person should be informed about this and about any further feedback he/she should expect.

Amendment 151 #

Proposal for a directive
Recital 47

(47) Persons who are considering reporting breaches of Union law should be able to make an informed decision on whether, how and when to report. Private and public entities ~~having in place internal reporting procedures~~ shall provide information on ~~these~~internal reporting procedures as well as on procedures to report externally to relevant competent authorities. Such information must be easily understandable and easily accessible, including, to any extent possible, also to other persons, beyond employees, who come in contact with the entity through their work-related activities, such as service-providers, distributors, suppliers and business partners. For instance, such information may be posted at a visible location accessible to all these persons and to the web of the entity and may also be included in courses and trainings on ethics and integrity.

Amendment 152 #

Proposal for a directive
Recital 49

(49) Lack of confidence in the usefulness of reporting is one of the main factors discouraging potential whistleblowers. This warrants imposing a clear obligation on competent authorities to diligently follow-up on the reports received, and, within a reasonable timeframe, give feedback to the reporting persons about the action envisaged or taken as follow-up (for instance, closure based on lack of sufficient evidence or other grounds, launch of an investigation and possibly its findings and/or measures taken to address the issue raised; referral to another authority competent to give follow- up) to the extent that such information would not prejudice the investigation or the rights of the concerned persons.Does not affect the English version.)

Amendment 153 #

Proposal for a directive
Recital 50

(50) Follow up and feedback should take place within a reasonable timeframe; this is warranted by the need to promptly address the problem that may be the subject of the report, as well as to avoid un~~necessary~~justified public disclosures. Such timeframe should not exceed three months, but could be extended to six months, where necessary due to the specific circumstances of the case, in particular the nature and complexity of the subject of the report, which may require a lengthy investigation.

Amendment 154 #

Proposal for a directive
Recital 50

(50) Follow up and feedback should take place within a reasonable timeframe; this is warranted by the need to promptly address the problem that may be the subject of the report, as well as to avoid unnecessary public disclosures. Such timeframe should not exceed t~~hree~~wo months, but could be extended to ~~six~~four months, where necessary due to the specific circumstances of the case, in particular the nature and complexity of the subject of the report, which may require a lengthy investigation.

Amendment 155 #

Proposal for a directive
Recital 51

(51) Where provided for under national or Union law, the competent authorities should refer cases or relevant information to relevant bodies, offices or agencies of the Union, including, for the purposes of this Directive, the European Anti-Fraud Office (OLAF) and the European Public Prosecutor Office (EPPO), without prejudice to the possibility for the reporting person to refer directly to such bodies, offices or agencies of the UnDoes not affect the English version.)

Amendment 156 #

Proposal for a directive
Recital 53

(53) Dedicated staff members of the competent authorities, who are professionally trained on a regular basis, including on applicable data protection rules, would be necessary in order to receive and handle reports and to ensure communication with the reporting person, as well as following up on the report in a suitable manner.

Amendment 157 #

Proposal for a directive
Recital 53

(53) Dedicated staff members of the competent authorities, who are professionally trained, including on applicable data protection rules, would be necessary in order to handle reports and to ensure communication with the reporting person, as well as following up on the report in a suitable manner.Does not affect the English version.)

Amendment 158 #

Proposal for a directive
Recital 54

(54) Persons intending to report should be able to make an informed decision on whether, how and when to report. Competent authorities should therefore publicly disclose and make easily accessible information about the available reporting channels with competent authorities, about the applicable procedures and about the dedicated staff members within these authorities. All information regarding reports should be transparent, easily understandable and reliable in order to promote and not deter reporting. Potential whistleblowers should always be able to decide themselves whether to use internal or external reporting channels or whether they directly reach out to the public, provided that whistleblowers should in their discretion determine before resorting to external channels whether internal reporting mechanisms would be effective enough to provide a remedy against the breach that would be the subject of their report.

Amendment 159 #

Proposal for a directive
Recital 58

(58) Protection of personal data of the reporting and concerned person is crucial in order to avoid unfair treatment or reputational damages due to disclosure of personal data, in particular data revealing the identity of a person concerned. Hence, in line with the requirements of Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, hereinafter also referred to as 'GDPR'), competent authorities should establish adequate data protection procedures specifically geared to the protection of the reporting person, the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only.Does not affect the English version.)

Amendment 160 #

Proposal for a directive
Recital 60

(60) To enjoy protection, the reporting persons should reasonably believe, in light of the circumstances and the information available to them at the time of the reporting, that the matters reported by them are true. This reasonable belief should be presumed unless and until proven otherwise. This is an essential safeguard against malicious and frivolous or abusive reports, ensuring that those who deliberately and knowingly report wrong or misleading information do not enjoy protection. At the same time, it ensures that protection is not lost where the reporting person made an inaccurate report in honest error. In a similar vein, reporting persons should be entitled to protection under this Directive if they have reasonable grounds to believe that the information reported falls within its scope.Does not affect the English version.)

Amendment 161 #

Proposal for a directive
Recital 60

(60) To enjoy protection, the reporting persons should reasonably believe, in light of the circumstances and the information available to them at the time of the reporting, that the matters reported by them are true. This reasonable belief should be presumed unless and until proven otherwise. This is an essential safeguard against intentional malicious and frivolous or abusive reports, ensuring that those who deliberately and knowingly report wrong or misleading information do not enjoy protection. At the same time, it ensures that protection is not lost where the reporting person made an inaccurate report in honest error. In a similar vein, reporting persons should be entitled to protection under this Directive if they have reasonable grounds to believe that the information reported falls within its scope.

Amendment 162 #

Proposal for a directive
Recital 61

(61) The requirement of a tiered use of reporting channels, as a general rule, is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure. At the same time, some exceptions to its application are necessary, allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case. Moreover, it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability, and fundamental rights such as freedom of expression and media freedom, whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm, in line with the criteria developed in the case-law of the European Court of Human Rights57. _________________ 57 One of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society, is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure; see, for instance, Guja v. Moldova [GC], no 14277/04, ECHR 2008.Does not affect the English version.)

Amendment 163 #

Proposal for a directive
Recital 62

Amendment 164 #

Proposal for a directive
Recital 62

(62) ~~As a~~Without prejudice to the other provisions of this Directive, as a general rule, reporting persons should first use the internal channels at their disposal and report to their employer. However, it may be the case that internal channels do not exist (in case of entities which are not under an obligation to establish such channels by virtue of this Directive or applicable national law) or that their use is not mandatory (which may be the case for persons who are not in an employment relationship), or that they were used but did not function properly (for instance the report was not dealt with diligently or within a reasonable timeframe, or no action was taken to address the breach of law despite the positive results of the enquiry).

Amendment 165 #

Proposal for a directive
Recital 62

Amendment 166 #

Proposal for a directive
Recital 62

(62) As a rule, reporting persons should first use the internal channels at their disposal ~~and report to their employer~~. However, it may be the case that internal channels do not exist (in case of entities which are not under an obligation to establish such channels by virtue of this Directive or applicable national law) or that their use is not mandatory (which may be the case for persons who are not in an employment relationship), or that they were used but did not function properly (for instance the report was not dealt with diligently or within a reasonable timeframe, or no action was taken to address the breach of law despite the positive results of the enquiry).

Amendment 167 #

Proposal for a directive
Recital 63

Amendment 168 #

Proposal for a directive
Recital 64

(64) Persons making a public disclosure directly should also qualify for protection in cases where a breach remains unaddressed (for example, it was not properly assessed or investigated or no remedial action was taken) despite having been reported internally and/or externally following a tiered use of available channels; or in cases where reporting persons have valid reasons to believe that there is collusion between the perpetrator of the breach and the competent authority is reasonably suspected , that evidence may be concealed or destroyed, or that the effectiveness of investigative actions by competent authorities might be jeopardised; or in cases of imminent and manifest danger for the public interest, or where there is a risk of irreversible damage, including, inter alia, harm to physical integrity.Does not affect the English version.)

Amendment 169 #

Proposal for a directive
Recital 65

(65) Reporting persons should be protected against any form of retaliation, whether direct or indirect, taken by their employer or customer/recipient of services and by persons working for or acting on behalf of the latter, including co-workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his/her work-related activities, where retaliation is recommended or tolerated by the concerned person. Protection should be provided against retaliatory measures taken vis-à-vis the reporting person him/herself but also those that may be taken vis-à-vis the legal entity he/she represents, such as denial of provision of services, blacklisting or business boycotting. Indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work-related connection with the latter’s employer or customer/recipient of services and workers’ representatives who have provided support to the reporting persDoes not affect the English version.)

Amendment 170 #

Proposal for a directive
Recital 65

(65) Reporting persons should be protected against any form of retaliation, whether direct or indirect, taken by their employer or customer/recipient of services and by persons working for or acting on behalf of the latter, including co-workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his/her work-related activities, where retaliation is recommended or tolerated by the concerned person. Protection should be provided against retaliatory measures taken vis-à-vis the reporting person him/herself but also those that may be taken vis-à-vis the legal entity he/she represents, such as denial of provision of services, blacklisting or business boycotting. Indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work-related connection with the latter’s employer or customer/recipient of services and workers’ representatives or other persons and organisations who have provided support to the reporting person.

Amendment 171 #

Proposal for a directive
Recital 68

(68) Under certain national frameworks and in certain cases, reporting persons suffering retaliation may benefit from forms of certification of the fact that they meet the conditions of the applicable rules. Notwithstanding such possibilities, they should have effective access to judicial review, whereby it falls upon the courts to decide, based on all the individual circumstances of the case, whether they meet the conditions of the applicable rules.Does not affect the English version.)

Amendment 172 #

Proposal for a directive
Recital 70

(70) Retaliatory measures are likely to be presented as being justified on grounds other than the reporting and it can be very difficult for reporting persons to prove the link between the two, whilst the perpetrators of retaliation may have greater power and resources to document the action taken and the reasoning. Therefore, ~~once the reporting person demonstrates prima facie that he/she made a report or disclosure in line with this Directive and suffered a detriment,~~ the burden of proof should shift to the person who took the detrimental action, who should then demonstrate that their the action taken was not linked in any way to the reporting or the disclosure.

Amendment 173 #

Proposal for a directive
Recital 70

(70) Retaliatory measures are likely to be presented as being justified on grounds other than the reporting and it can be very difficult for reporting persons to prove the link between the two, whilst the perpetrators of retaliation may have greater power and resources to document the action taken and the reasoning. Therefore, once the reporting person demonstrates prima facie that he/she made a report or disclosure in line with this Directive and suffered a detriment, the burden of proof should shift to the person who took the detrimental action, who should then demonstrate that their the action taken was not linked in any way to the reporting or the disclosure.Does not affect the English version.)

Amendment 174 #

Proposal for a directive
Recital 71

(71) Beyond an explicit prohibition of retaliation provided in law, it is crucial that reporting persons who do suffer retaliation have access to legal remedies. The appropriate remedy in each case will be determined by the kind of retaliation suffered. It may take the form of actions for reinstatement (for instance, in case of dismissal, transfer or demotion, or of withholding of training or promotion) or for restauration of a cancelled permit, licence or contract; compensation for actual and future financial losses (for lost past wages, but also for future loss of income, costs linked to a change of occupation); compensation for other economic damage such as legal expenses and costs of medical treatment, and for intangible damage (pain and suffering).Does not affect the English version.)

Amendment 175 #

Proposal for a directive
Recital 73

(73) Of particular importance for reporting persons are interim remedies pending the resolution of legal proceedings that can be protracted. Interim relief can be in particular necessary in order to stop threats, attempts or continuing acts of retaliation, such as harassment at the workplace, or to prevent forms of retaliation such as dismissal, which might be difficult to reverse after the lapse of lengthy periods and which can ruin financially the individual — a perspective which can seriously discourage potential whistleblowers.Does not affect the English version.)

Amendment 176 #

Proposal for a directive
Recital 74

(74) Action taken against reporting persons outside the work-related context, through proceedings, for instance, related to defamation, breach of copyright, trade secrets, confidentiality and personal data protection, or through interference in their studies, can also pose a serious deterrent to whistleblowing. Directive (EU) 2016/943 of the European Parliament and of the Council58 exempts reporting persons from the civil redress measures, procedures and remedies it provides for, in case the alleged acquisition, use or disclosure of the trade secret was carried out for revealing misconduct, wrongdoing or illegal activity, provided that the respondent acted for the purpose of protecting the general public interest. Also in other proceedings, reporting persons should be able to rely on having made a report or disclosure in accordance with this Directive as a defence. In such cases, the person initiating the proceedings should carry the burden to prove any intent on the part of the reporting person to violate the law. _________________ 58 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 (OJ L 157, 15.6.2016, p. 1).

Amendment 177 #

Proposal for a directive
Recital 75

(75) A significant cost for reporting persons contesting retaliation measures taken against them in legal proceedings can be the relevant legal fees. Although they could recover these fees at the end of the proceedings, they might not be able to cover them up front, especially if they are unemployed and blacklisted. Assistance for criminal legal proceedings, particularly in accordance with the provisions of Directive (EU) 2016/1919 of the European Parliament and of the Council59and more generally support to those who are in serious financial need might be key, in certain cases, for the effective enforcement of their rights to protection. _________________ 59 Directive (EU) 2016/1919 of the European Parliament and of the Council of 26 October 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in European arrest warrant proceedings (OJ L 297 4.11.2016, p. 1).Does not affect the English version.)

Amendment 178 #

Silvia COSTA

Proposal for a directive
Recital 76

(76) The rights of the concerned person should be protected in order to avoid reputational damages or other negative consequences. Furthermore, the rights of defence and access to remedies of the concerned person should be fully respected at every stage of the procedure following the report, in accordance with Articles 47 and 48 of the Charter of Fundamental Rights of the European Union. Member States should ensure the right of defence of the concerned person, including the right to access to the file, the right to be heard and the right to seek effective remedy against a decision concerning the concerned person under the applicable procedures set out in national law in the context of investigations or subsequent judicial proceedings, and to this end suitable measures should be employed to make individuals and civil society more aware of this.

Amendment 179 #

Proposal for a directive
Recital 78

(78) Penalties are necessary to ensure the effectiveness of the rules on whistleblower protection. Penalties against those who take retaliatory or other adverse actions against reporting persons can discourage further such actions. Penalties against persons who make a report or disclosure demonstrated to be deliberately and knowingly false are necessary to deter further malicious reporting and preserve the credibility of the system. The proportionality of such penalties should ensure that they do not have a dissuasive effect on potential whistleblowers.

Amendment 180 #

Proposal for a directive
Recital 78

(78) Penalties are necessary to ensure the effectiveness of the rules on whistleblower protection. Penalties against those who take retaliatory or other adverse actions against reporting persons can discourage further such actions. Penalties against persons who make a report or disclosure demonstrated to be knowingly false are necessary to deter further malicious reporting and preserve the credibility of the system. The proportionality of such penalties should ensure that they do not have a dissuasive effect on potential whistleblowers.Does not affect the English version.)

Amendment 181 #

Proposal for a directive
Recital 80

(80) This Directive introduces minimum standards and Member States should have the power to introduce or maintain more favourable provisions to the reporting person, provided that such provisions do not interfere with the measures for the protection of concerned persons.Does not affect the English version.)

Amendment 182 #

Proposal for a directive
Recital 82

(82) The material scope of this Directive is based on the identification of areas where the introduction of whistleblower protection appears justified and necessary on the basis of currently available evidence. Such material scope may be extended to further areas or Union acts, if this proves necessary as a means of strengthening their enforcement in the light of evidence that may come to the fore in the future or on the basis of the evaluation of the way in which this Directive has operatedUnion law as a whole.

Amendment 183 #

Proposal for a directive
Recital 84

(84) The objective of this Directive, namely to strengthen enforcement in certain policy areas and acts where breaches of Union law can cause ~~serious~~ harm to the public interest through effective whistleblower protection, cannot be sufficiently achieved by the Member States acting alone or in an uncoordinated manner, but can rather be better achieved by Union action providing minimum standards of harmonisation on whistleblower protection. Moreover, only Union action can provide coherence and align the existing Union rules on whistleblower protection. Therefore, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.

Amendment 184 #

Proposal for a directive
Recital 85 a (new)

(85a) This Directive is a new standard for protecting the rights of persons reporting on breaches of Union law and should serve as an example for the candidate countries, associated countries and other countries that have committed to bring their legislation closer to the European acquis, especially in the context of reporting on abuse of EU funding and EU macro-financial assistance provided to these countries.

Amendment 185 #

1. With a view to protecting the public interest, safeguarding freedom of expression and enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:

Amendment 186 #

Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part

(a) breaches falling within the scope of the Union legislation, for example those acts set out in the Annex (Part I and Part II) as regards the following areas:

Amendment 187 #

Proposal for a directive
Article 1 – paragraph 1 – point a a (new)

(aa) freedom of expression and information as referred to in Article 11 of the Charter of Fundamental Rights of the European Union, and case-law based on that Article;

Amendment 188 #

Proposal for a directive
Article 1 – paragraph 2

Amendment 189 #

Proposal for a directive
Article premier – paragraph 2

Amendment 190 #

Proposal for a directive
Article 2 – paragraph 1 – introductory part

1. This Directive shall apply to ~~reporting~~natural or legal persons working in the private or public sector who acquired in a direct manner information on breaches in a work-related context and disclose said information, including, at least, the following:

Amendment 191 #

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) persons having the status of worker, with the meaning of Article 45 TFEU as well as former workers;

Amendment 192 #

Proposal for a directive
Article 2 – paragraph 1 – point c

(c) shareholders and persons belonging to the management body of an undertaking, including non-executive members~~, as well as volunteers and unpaid trainees~~;

Amendment 193 #

Proposal for a directive
Article 2 – paragraph 1 – point c a (new)

(ca) volunteers, students and trainees (paid or unpaid) who have a relationship with the enterprise or institution that breaches Union law;

Amendment 194 #

Proposal for a directive
Article 2 – paragraph 1 – point d a (new)

(da) This Directive shall also apply to European Union staff members, as defined within the EU Staff Regulation;

Amendment 195 #

Proposal for a directive
Article 2 – paragraph 2

2. This Directive shall also apply to reporting persons 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 negotiat(Does not affect the English version.)

Amendment 196 #

Proposal for a directive
Article 3 – paragraph 1 – point 1

(1) ‘breaches’ means actual or potential unlawful activities or abuse of law ~~relating to the Union a~~or other forms of misconducts and ~~areas falling within the scope referred to in Article 1 and in the Annex~~wrongdoing that may cause harm to the public interest or the general interest of the Union, or which run contrary to the objectives of Union law;

Amendment 197 #

Proposal for a directive
Article 3 – paragraph 1 – point 1

(1) ‘breaches’ means actual or potential ~~unlawfu~~illegal activities or abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex;

Amendment 198 #

Proposal for a directive
Article 3 – paragraph 1 – point 4

(4) ‘information on breaches’ means evidence (confidential or otherwise) about actual breaches as well as reasonable suspicions about potential breaches which have not yet materialised;

Amendment 199 #

Proposal for a directive
Article 3 – paragraph 1 – point 5

(5) ‘report’ means the provision of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work;Does not affect the English version.)

Amendment 200 #

Proposal for a directive
Article 3 – paragraph 1 – point 8

(8) ‘public disclosure’ means making information on breaches acquired within the work-related context available to the public domain;

Amendment 201 #

Proposal for a directive
Article 3 – paragraph 1 – point 9

(~~9) ‘reporting person’ means a natural or legal person who reports or discloses information on breaches acquired in the context of his or her work-related activities;~~Does not affect the English version.)

Amendment 202 #

Proposal for a directive
Article 3 – paragraph 1 – point 12

(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work-related context or during his or her studies and causes or may cause unjustified detriment to the reporting person;

Amendment 203 #

(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting or a public disclosure which occurs in a work-related context and causes or may cause unjustified detriment to the reporting person;

Amendment 204 #

Proposal for a directive
Article 3 – paragraph 1 – point 12

(12) ‘retaliation’ means any threatened or actual act or omission prompted by ~~the~~ internal or external reporting or a public disclosure which occurs in a work-related context and causes or may cause ~~unjustified~~ detriment to the reporting person;

Amendment 205 #

Proposal for a directive
Article 3 – paragraph 1 – point 12

(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work-related context and causes or may cause unjustified direct or indirect detriment to the reporting person;

Amendment 206 #

Proposal for a directive
Article 3 – paragraph 1 – point 14 a (new)

(14a) 'public disclosure’ means a disclosure to media, civil society organizations or another institutional body which does not fall under (14) of this article;

Amendment 207 #

Proposal for a directive
Article 4 – paragraph 1

1. Member States shall ensure that legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports, following consultations with social partners~~, if appropriate~~.

Amendment 208 #

Proposal for a directive
Article 4 – paragraph 2

2. Such channels and procedures shall allow for reporting by employees of the entity~~. They may allow for reporting b~~ and by any other persons who are in contact with ~~the~~such entity in the context of their work-related activities, referred to in Article 2(1)(b),(c) and (d)~~, but the use of internal channels for reporting shall not be mandatory for these categories of persons~~.

Amendment 209 #

Proposal for a directive
Article 4 – paragraph 3

3. The legal entities in the private sector referred to in paragraph 1 are the following: (a) private legal entities with 50 or more employees; (b) private legal entities with an annual business turnover or annual balance sheet total of EUR 10 million or more; (c) operating in the area of financial services or vulnerable to money laundering or terrorist financing, as regulated under the Union acts referred to in the Annex.deleted private legal entities of any size

Amendment 210 #

Proposal for a directive
Article 4 – paragraph 4

4. Following an appropriate risk assessment taking into account the nature of activities of the entities and the ensuing level of risk, Member States may require small private legal entities, as defined in Commission Recommendation of 6 May 200362 , other than those referred to in paragraph 3(c) to establish internal reporting channels and procedures. _________________ 62Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises OJ L 124, 20.5.2003, p. 36.deleted

Amendment 211 #

Proposal for a directive
Article 4 – paragraph 5

5. Any decision taken by a Member State pursuant to paragraph 4 shall be notified to the Commission, together with a justification and the criteria used in the risk assessment. The Commission shall communicate that decision to the other Member States.deleted

Amendment 212 #

Stelios KOULOGLOU, Curzio MALTESE

Proposal for a directive
Article 4 – paragraph 6 – point c

Amendment 213 #

Proposal for a directive
Article 4 – paragraph 6 – point c

Amendment 214 #

Proposal for a directive
Article 4 – paragraph 6 – point c a (new)

(ca) private entities providing a public service or under public control;

Amendment 215 #

Proposal for a directive
Article 4 – paragraph 6 – point d a (new)

(da) European Union institutions, agencies and bodies;

Amendment 216 #

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) channels for receiving the reports which are designed, set up and operated in a manner that ensures the confidentiality of the identity of the reporting person, allows for anonymous disclosures through the use of appropriate computerised systems and prevents access to non-authorised staff members;

Amendment 217 #

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) channels for receiving the reports which are designed, set up and operated in a manner that ensures the confidentiality, and where necessary the anonymity, of the identity of the reporting person, also in the digital environment, and prevents access to non-authorised staff members;

Amendment 218 #

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) channels for receiving the reports which are designed, set up and operated in a manner that ensures the confidentiality of the identity of the reporting person and of the natural persons concerned by the report and prevents access to non- authorised staff members;

Amendment 219 #

Proposal for a directive
Article 5 – paragraph 1 – point a

Amendment 220 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) ~~the~~ designation, in close collaboration with employees or employee representatives, of a person or department competent for following up on the reports;

Amendment 221 #

Proposal for a directive
Article 5 – paragraph 1 – point b

(b) the designation of a person or, department or a trade union representative competent for following up on the reports;

Amendment 222 #

Proposal for a directive
Article 5 – paragraph 1 – point d

(~~d) a reasonable timeframe, not exceeding three months following the report, to provide feedback to the reporting person about the follow-up to the report;~~Does not affect the English version.)

Amendment 223 #

Proposal for a directive
Article 5 – paragraph 1 – point d

(d) a reasonable timeframe, not exceeding t~~hree~~wo months following the report, to provide feedback to the reporting person about the follow-up to the report;

Amendment 224 #

Proposal for a directive
Article 5 – paragraph 1 – point d

(d) a reasonable timeframe, not exceeding ~~three month~~60 days following the report, to provide feedback to the reporting person about the follow-up to the report;

Amendment 225 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a

(a) written reports in electronic or paper format ~~and/or oral report through telephone lines, whether recorded or unrecorded~~, including options for anonymous disclosures, as well as disclosures employing cryptographic methods;

Amendment 226 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a

(a) written reports in electronic or paper format and/or oral report through recorded telephone lines~~, whether recorded or unrecorded~~;

Amendment 227 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a a (new)

(aa) oral report through telephone lines, whether recorded or unrecorded;

Amendment 228 #

Proposal for a directive
Article 5 – paragraph 3

3. The person or department referred to in point (b) of paragraph 1 may be the same person who is competent for receiving the reports. Additional persons may be designated, in close collaboration with employees or employee representatives, as “trusted persons” from whom reporting persons and those considering reporting may seek confidential advice.

Amendment 229 #

Proposal for a directive
Article 5 – paragraph 3

3. The person or department referred to in point (b) of paragraph 1 may be the same person who is competent for receiving the reports. Additional persons may be designated as “trusted persons” from whom reporting persons and those considering reporting may seek confidential advice.(Does not affect the English version.)

Amendment 230 #

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall designate ~~the~~ authorities competent to receive and handle reports. Such authorities shall have adequate financial and human resources to enable them to exercise the competences assigned to them.

Amendment 231 #

Proposal for a directive
Article 6 – paragraph 1 a (new)

1a. Member States are also to ensure that persons requiring protection as whistleblowers will be entitled to the right of appeal before independent and impartial Courts of Justice wherever such persons are denied recognition or protection as whistleblowers by the relevant authority that would be tasked with the recognition or grant of status to a person requesting to be considered as a whistleblower, and that under no circumstances can the authority tasked to grant such status or protection have an actual or potential conflict of interest with regard to whether or not to grant such status or protection.

Amendment 232 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) establish independent and autonomous external reporting channels, which are ~~both~~ secure ~~and~~, ensure confidentiality and allow for anonymous disclosures, for receiving and ~~handl~~processing information provided by the reporting person;

Amendment 233 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(a) establish independent ~~and~~, autonomous, clear and transparent external reporting channels, which are both secure and ensure confidentiality, for receiving and handling information provided by the reporting person;

Amendment 234 #

Proposal for a directive
Article 6 – paragraph 2 – point a

(~~a) establish independent and autonomous external reporting channels, which are both secure and ensure confidentiality, for receiving and handling information provided by the reporting p~~Does not affect the English version;.)

Amendment 235 #

Proposal for a directive
Article 6 – paragraph 2 – point a a (new)

(aa) are independent and dispose over adequately qualified and trained staff and appropriate funding;

Amendment 236 #

Proposal for a directive
Article 6 – paragraph 2 – point b

(~~b) give feedback to the reporting person about the follow-up of the report within a reasonable timeframe not exceeding three months or six months in duly justified cases;~~Does not affect the English version.)

Amendment 237 #

Proposal for a directive
Article 6 – paragraph 2 – point b

(b) give feedback to the reporting person about the follow-up of the report within a reasonable timeframe not exceeding t~~hree~~wo months or ~~six~~four months in duly justified cases;

Amendment 238 #

Proposal for a directive
Article 6 – paragraph 2 – point b

(b) give feedback to the reporting person about the follow-up of the report within a reasonable timeframe not exceeding ~~three months or six month~~60 days or 120 days in duly justified cases;

Amendment 239 #

Proposal for a directive
Article 6 – paragraph 2 – point c

(c) transmit, while further ensuring confidentiality and/or anonymity of the reporting person, the information contained in the report to competent bodies, offices or agencies of the Union, as appropriate, for further investigation, where provided for under national or Union law.

Amendment 240 #

Proposal for a directive
Article 6 – paragraph 3

3. Member States shall ensure that competent authorities follow up on the reports by taking the necessary measures and investigate, to the extent appropriate, the subject-matter of the reports. The competent authorities shall communicate to the reporting person the final outcome of the investigat(Does not affect the English versions.)

Amendment 241 #

Proposal for a directive
Article 6 – paragraph 3

Amendment 242 #

Proposal for a directive
Article 6 – paragraph 4

Amendment 243 #

Proposal for a directive
Article 7 – paragraph 1 – introductory part

1. Dedicated external reporting channels shall be considered independent ~~and~~, autonomous, clear and transparent if they meet all of the following criteria:

Amendment 244 #

Proposal for a directive
Article 7 – paragraph 1 – point b

(b) they are designed, set up and operated in a manner that ensures the completeness, integrity and confidentiality of the information and prevents access to non-authorised ~~staff members of the competent authority~~persons;

Amendment 245 #

Proposal for a directive
Article 7 – paragraph 1 – point c a (new)

(ca) they are easily accessible, also to people with disabilities;

Amendment 246 #

Proposal for a directive
Article 7 – paragraph 2 – point a

(a) written report in electronic or paper format, including options for anonymous disclosures, as well as disclosures employing cryptographic methods;

Amendment 247 #

Proposal for a directive
Article 7 – paragraph 2 – point b

(b) oral report through recorded telephone lines~~, whether recorded or unrecorded~~;

Amendment 248 #

Proposal for a directive
Article 7 – paragraph 4

4. Member States shall establish procedures to ensure that, where a report being initially addressed to a person who has not been designated as responsible handler for reports, that person is refrained from disclosing any information that might identify the reporting or the concerned person or the natural persons concerned by the report.

Amendment 249 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that competent authorities have staff members dedicated to handling reports. Dedicated staff members shall receive specific and regular training for the purposes of handling reports.

Amendment 250 #

Proposal for a directive
Article 8 – paragraph 2 – point a

(a) providing any interested person with information on the procedures for reporting and on the protection to which he/she is entitled;

Amendment 251 #

Proposal for a directive
Article 8 – paragraph 2 – point c

(~~c) maintaining contact with the reporting person for the purpose of informing the reporting person of the progress and the outcome of the investigat~~Does not affect the English version.)

Amendment 252 #

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) the manner in which the competent authority may require the reporting person, or the reporting person, may request to clarify the information reported or to provide additional information that is available to the reporting person;

Amendment 253 #

Proposal for a directive
Article 9 – paragraph 1 – point a

(~~a) the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person;~~Does not affect the English version.)

Amendment 254 #

Proposal for a directive
Article 9 – paragraph 1 – point a

(a) the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person;

Amendment 255 #

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) a reasonable timeframe, not exceeding ~~three months or six month~~60 days or 120 days in duly justified cases, for giving ~~feed-back~~updates to the reporting person ~~about the follow-up of the report and~~on the actual and forthcoming status of the report as well as a description of the ~~type~~form and content of this feed-back;

Amendment 256 #

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) a reasonable timeframe, not exceeding three months or six months in duly justified cases, for giving feed-back to the reporting person about the follow-up of the report and the type and content of this feed-back;Does not affect the English version.)

Amendment 257 #

Proposal for a directive
Article 9 – paragraph 1 – point b

(b) a reasonable timeframe, not exceeding t~~hree~~wo months or ~~six~~four months in duly justified cases, for giving feed-back to the reporting person about the follow-up of the report and the type and content of this feed-back;

Amendment 258 #

Proposal for a directive
Article 9 – paragraph 1 – point c

(~~c) the confidentiality regime applicable to reports, including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed.~~Does not affect the English version.)

Amendment 259 #

Proposal for a directive
Article 9 – paragraph 1 – point c

(c) the confidentiality ~~regime~~measures applicable to reports, including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed.

Amendment 260 #

Proposal for a directive
Article 9 – paragraph 2

2. The detailed description referred to in point (c) of paragraph 1 shall include the exceptional cases in which confidentiality of personal data may ~~not be ensur~~be breached, including where the disclosure of data is a necessary and proportionate obligation required under Union or national law in the context of investigations or subsequent judicial proceedings or to safeguard the freedoms of others including the right tof defence ~~of the concerned person~~, and in each case subject to appropriate safeguards under such laws.

Amendment 261 #

Proposal for a directive
Article 9 – paragraph 3

~~3. The detailed description referred to in point (c) of paragraph 1 must be written in clear and easy to understand language and be easily accessible to the reporting p~~(Does not affect the English versions.)

Amendment 262 #

Proposal for a directive
Article 10 – paragraph 1 – point a

(~~a) the conditions under which reporting persons qualify for protection under this Directive;~~Does not affect the English version.)

Amendment 263 #

Proposal for a directive
Article 10 – paragraph 1 – point b – point i

(i) the phone numbers, indicating ~~whether~~that conversations are recorded ~~or unrecorded when using those phone lines~~;

Amendment 264 #

Proposal for a directive
Article 11 – paragraph 2

2. Competent authorities shall promptly acknowledge the receipt of written reports to the postal or electronic address indicated by the reporting person, unless the reporting person explicitly requested otherwise or the competent authority reasonably believes that acknowledging receipt of a written report would jeopardise the protection of the reporting person’s identity.(Does not affect the English version.)

Amendment 265 #

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part

Where a recorded telephone line is used for reporting, subject to the consent of the reporting person, the competent authority shall have the right to document the oral reporting in one of the following ways:(Does not affect the English version.)

Amendment 266 #

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2

~~The competent authority shall offer the possibility to the reporting person to check, rectify and agree the transcript of the call by signing it.~~(Does not affect the English version.)

Amendment 267 #

Proposal for a directive
Article 11 – paragraph 4

4. Where an unrecorded telephone line is used for reporting, the competent authority shall have the right to document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members. The competent authority shall offer the possibility to the reporting person to check, rectify and agree with the minutes of the call by signing them.deleted

Amendment 268 #

Proposal for a directive
Article 11 – paragraph 4

~~4. Where an unrecorded telephone line is used for reporting, the competent authority shall have the right to document the oral reporting in the form of accurate minutes of the con~~(Does not affect the English versation ~~prepared by the dedicated staff members. The competent authority shall offer the possibility to the reporting person to check, rectify and agree with the minutes of the call by signing them~~.)

Amendment 269 #

Proposal for a directive
Article 11 – paragraph 5 – subparagraph 2

~~The competent authority shall offer the possibility to the reporting person to check, rectify and agree with the minutes of the meeting by signing them.~~(Does not affect the English version.)

Amendment 270 #

Proposal for a directive
Chapter 4 – title

~~PROTECTION OF REPORTING AND CONCERNED PERSONS~~(Does not affect the English version.)

Amendment 271 #

Proposal for a directive
Article 13 – title

~~Conditions for the protection of reporting p~~(Does not affect the English versions.)

Amendment 272 #

Proposal for a directive
Article 13 – paragraph 1

1. A reporting person or intermediary shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported or disclosed was true at the time of reporting or disclosure and that this information falls within the scope of this Directive.

Amendment 273 #

Proposal for a directive
Article 13 – paragraph 1

1. A reporting person shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this Directive.(Does not affect the English version.)

Amendment 274 #

Proposal for a directive
Article 13 – paragraph 2

2. A person reporting externally shall qualify for protection under this Directive where one of the following conditions is fulfilled : (a) he or she first reported internally but no appropriate action was taken in response to the report within the reasonable timeframe referred in Article 5; (b) internal reporting channels were not available for the reporting person or the reporting person could not reasonably be expected to be aware of the availability of such channels; (c) channels was not mandatory for the reporting person, in accordance with Article 4(2); (d) he or she could not reasonably be expected to use internal reporting channels in light of the subject-matter of the report; (e) to believe that the use of internal reporting channels could jeopardise the effectiveness of investigative actions by competent authorities; (f) directly through the external reporting channels to a competent authority by virtue of Union law.deleted the use of internal reporting he or she had reasonable grounds he or she was entitled to report

Amendment 275 #

Proposal for a directive
Article 13 – paragraph 2 – point c

~~(c) the use of internal reporting channels was not mandatory for the reporting person, in accordance with Article 4(2);~~deleted

Amendment 276 #

Proposal for a directive
Article 13 – paragraph 2 – point a

(a) he or she first reported internally but no appropriate and effective action was taken in response to the report within the reasonable timeframe referred in Article 5;

Amendment 277 #

Proposal for a directive
Article 13 – paragraph 2 – point b

(~~b) internal reporting channels were not available for the reporting person or the reporting person could not reasonably be expected to be aware of the availability of such channels;~~Does not affect the English version.)

Amendment 278 #

Proposal for a directive
Article 13 – paragraph 2 – point c

(~~c) the use of internal reporting channels was not mandatory for the reporting person, in accordance with Article 4(2);~~Does not affect the English version.)

Amendment 279 #

Proposal for a directive
Article 13 – paragraph 3

3. A person reporting to relevant bodies, elected officials, offices or agencies of the Union on breaches falling within the scope of this Directive shall qualify for protection as laid down in this Directive under the same conditions as a person who reported ~~externally~~ in accordance with the conditions set out in paragraph 2.1;

Amendment 280 #

Proposal for a directive
Article 13 – paragraph 4

4. A person publicly disclosing information on breaches falling within the scope of this Directive shall qualify for protection under this Directive where: (a) and/or externally in accordance with Chapters II and III and paragraph 2 of this Article, but no appropriate action was taken indeleted he or she first response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b); or (b) expected to use internal and/or external reporting channels due to imminent or manifest danger for the public interest, or to the particular circumstances of the case, or where there is a risk of irreversible damage.rted internally he or she could not reasonably be

Amendment 281 #

Proposal for a directive
Article 13 – paragraph 4 – introductory part

4. A person making a publicly disclos~~ing information~~ure on breaches falling within the scope of this Directive shall qualify for protection under this Directive where any of the following are met:

Amendment 282 #

Proposal for a directive
Article 13 – paragraph 4 – point a

(a) he or she first reported internally and/or externally in accordance with Chapters II and III and paragraph 21 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b); or

Amendment 283 #

Proposal for a directive
Article 13 – paragraph 4 – point b

(b) he or she could not reasonably be expected to use internal and/or external reporting channels due to imminent or manifest danger for the public interest, urgent threat to public health, safety or the environment, or to the particular circumstances of the case, or where there is a risk of irreversible damage.

Amendment 284 #

Proposal for a directive
Article 13 – paragraph 4 – point b a (new)

(ba) a person making a report or a disclosure anonymously and who subsequently has been identified shall qualify for protection as laid down in this directive under the same conditions as a person who identified oneself when making a report or a disclosure;

Amendment 285 #

Proposal for a directive
Article 14 – title

~~Prohibition of retaliation against reporting p~~(Does not affect the English versions.)

Amendment 286 #

Proposal for a directive
Article 14 – paragraph 1 – introductory part

Member States shall take the necessary measures to prohibit any ~~form of retaliation, whether direct or indirect, against reporting persons meet~~threatened, attempted or implemented action that could underminge the ~~conditions set out in Article 13, including in particular in the form of~~exercise of rights protected by the present Directive. This includes, but is not limited to retaliation measures such as:

Amendment 287 #

Proposal for a directive
Article 14 – paragraph 1 – introductory part

Member States shall take the necessary measures to prohibit any form of retaliation, whether direct or indirect, against reporting persons meeting the conditions set out in Article 13, including in particular in the form of:(Does not affect the English version.)

Amendment 288 #

Proposal for a directive
Article 14 – paragraph 1 – point d

(d) withholding of training or interference in studies;

Amendment 289 #

Proposal for a directive
Article 14 – paragraph 1 – point j

(j) failure to renew or early termination of the temporary employment or voluntary work contract;

Amendment 290 #

Proposal for a directive
Article 15 – title

~~Measures for the protection of reporting persons against retaliat~~(Does not affect the English version.)

Amendment 291 #

Proposal for a directive
Article 15 – paragraph 1

1. Member States shall take the necessary measures to ensure the protection of reporting persons meeting the conditions set out in Article 13 against retaliation. Such measures shall include, in particular, those set out in paragraphs 2 to 8.(Does not affect the English version.)

Amendment 292 #

Proposal for a directive
Article 15 – paragraph 3

3. Reporting persons shall have access to effective assistance from competent authorities before any relevant authority involved in their protection against retaliation, including, where provided for under national law, certification of the fact that they qualify for protection under this Directive.(Does not affect the English version.)

Amendment 293 #

5. In judicial proceedings relating to a detriment suffered by the reporting person, ~~and subject to him or her providing reasonable grounds to believe that the detriment was in retaliation for having made the report or disclosure,~~ it shall be for the person who has taken the retaliatory measure to prove that the detriment was not a consequence of the report but was exclusively based on duly justified grounds.

Amendment 294 #

Proposal for a directive
Article 15 – paragraph 5

5. In judicial proceedings relating to a detriment suffered by the reporting person, and subject to him or her providing reasonable grounds to believe that the detriment was in retaliation for having made the report or public disclosure, it shall be for the person who has taken the retaliatory measure to prove that the detriment was not a consequence of the report or public disclosure but was exclusively based on duly justified grounds.

Amendment 295 #

Proposal for a directive
Article 15 – paragraph 5

5. In judicial proceedings relating to a detriment suffered by the reporting person, and subject to him or her providing reasonable grounds to believe that the detriment was in retaliation for having made the report or disclosure, it shall be for the person who has taken the retaliatory measure to prove that the detriment was not a consequence of the report but was exclusively based on duly justified grounds.(Does not affect the English version.)

Amendment 296 #

Proposal for a directive
Article 15 – paragraph 6

6. Reporting persons shall have access to remedial measures against retaliation as appropriate, including interim relief pending the resolution of legal proceedings, in accordance with the national framework.(Does not affect the English version.)

Amendment 297 #

Proposal for a directive
Article 15 – paragraph 7

7. In addition to the exemption from measures, procedures and remedies provided for in Directive (EU) 2016/943, in judicial proceedings, including for defamation, breach of copyright, breach of secrecy or for compensation requests based on private, public, or on collective labour law, reporting persons shall have the right to rely on having made a report or disclosure in accordance with this Directive to seek dismissal.(Does not affect the English version.)

Amendment 298 #

Proposal for a directive
Article 15 – paragraph 8

8. In addition to providing legal aid to reporting persons in criminal and in cross- border civil proceedings in accordance with Directive (EU) 2016/1919 and Directive 2008/52/EC of the European Parliament and of the Council63, and in accordance with national law, Member States may provide for further measures of legal and financial assistance and support for reporting persons in the framework of legal proceedings. _________________ 63 Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters (OJ L 136, 24.5.2008, p. 3).(Does not affect the English version.)

Amendment 299 #

Proposal for a directive
Article 16 – paragraph 2

~~2. Where the identity of the concerned persons is not known to the public, competent authorities shall ensure that their identity is protected for as long as the investigation is ongoing.~~deleted

Amendment 300 #

Silvia COSTA

Proposal for a directive
Article 16 – paragraph 2

2. Where the identity of the concerned persons is not known to the public, competent authorities shall ensure that their identity is protected for as long as the investigation is ongoing and in no case after the start of the criminal trial.

Amendment 301 #

Proposal for a directive
Article 17 – title

PCriminal penalties

Amendment 302 #

Proposal for a directive
Article 17 – paragraph 1 – introductory part

1. Member States shall provide for effective, proportionate and dissuasive criminal penalties applicable to natural or legal persons that:

Amendment 303 #

Proposal for a directive
Article 17 – paragraph 1 – point b

(~~b) take retaliatory measures against reporting p~~Does not affect the English versions;.)

Amendment 304 #

Proposal for a directive
Article 17 – paragraph 1 – point c

(~~c) bring vexatious proceedings against reporting p~~Does not affect the English versions;.)

Amendment 305 #

Proposal for a directive
Article 17 – paragraph 1 – point d

(d) breach the duty of maintaining the confidentiality of the identity of reporting persons or of natural persons concerned by the report.

Amendment 306 #

Proposal for a directive
Article 17 – paragraph 2

Amendment 307 #

Proposal for a directive
Article 17 – paragraph 2

Amendment 308 #

Proposal for a directive
Article 17 – paragraph 2

2. Member States shall provide for effective, proportionate and dissuasive criminal penalties applicable to persons ~~making~~who: (a) make malicious or abusive reports or disclosures, including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures; (b) spread false information claiming to have been so informed by a whistleblower.

Amendment 309 #

2. Member States shall provide for effective, proportionate and dissuasive penalties applicable to persons ~~making~~proven having intentionally made malicious or abusive reports or disclosures, including measures for compensating persons who have suffered ~~damage from~~unjustified direct damage from intentional malicious or abusive reports or disclosures.

Amendment 310 #

Proposal for a directive
Article 17 – paragraph 2

2. Member States shall provide for effective, proportionate and dissuasive penalties applicable to persons making knowingly and deliberately malicious or abusive reports or disclosures, including measures for compensating persons who have suffered damage from such malicious or abusive reports or disclosures.

Amendment 311 #

Proposal for a directive
Article 19 – paragraph 1

~~Member States may introduce or retain provisions more favourable to the rights of the reporting persons than those set out in this Directive, without prejudice to Article 16 and Article 17(2).~~(Does not affect the English version.)

Amendment 312 #

Proposal for a directive
Article 20 – paragraph 1

1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 1~~5 Ma~~ January 20210, at the latest. They shall forthwith communicate to the Commission the text of those provisions.

Amendment 313 #

Proposal for a directive
Article 21 – paragraph 1

1. Member States shall provide the Commission with all relevant information regarding the implementation and application of this Directive. On the basis of the information provided, the Commission shall, by 1~~5 Ma~~ January 20232, submit a report to the European Parliament and the Council on the implementation and application of this Directive.

Amendment 314 #

Proposal for a directive
Article 21 – paragraph 2 – point c a (new)

(ca) the ascertained number of retaliatory measures against reporting persons;

Amendment 315 #

Proposal for a directive
Article 21 – paragraph 3

3. The Commission shall, by 1~~5 Ma~~ January 20276, taking into account its report submitted pursuant to paragraph 1 and the Member States’ statistics submitted pursuant to paragraph 2, submit a report to the European Parliament and to the Council assessing the impact of national law transposing this Directive. The report shall evaluate the way in which this Directive has operated and consider the need for additional measures, including, where appropriate, amendments with a view to extending the scope of this Directive to further areas or Union acts.

Amendment 316 #

Proposal for a directive
Article 21 – paragraph 3 a (new)

3a. Such reports shall be made public and easily accessible.

Amendment 317 #

Proposal for a directive
Annex I – part I – subpart A – point 1 – introductory part

Amendment 318 #

Proposal for a directive
Annex I – part I – subpart A – point 2 – introductory part

2. Review procedures regulated, in particular, by:

Amendment 319 #

Proposal for a directive
Annex I – part I – subpart B – paragraph 1 – introductory part

Rules establishing a regulatory and supervisory framework and consumer and investor protection in the Union financial services and capital markets, banking, credit, insurance and re-insurance, occupational or personal pensions, securities, investment funds, payment and investment advice and the services listed in Annex I to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338), as regulated in particular by:

Amendment 320 #

Proposal for a directive
Annex I – part I – subpart C – point 1 – introductory part

1. General safety requirements of products placed in the Union market as defined and regulated for example by:

Amendment 321 #

Proposal for a directive
Annex I – part I – subpart C – point 2 – introductory part

2. Marketing and use of sensitive and dangerous products, as regulated for example by:

Amendment 322 #

Proposal for a directive
Annex I – part I – subpart D – point 1

1. Safety requirements in the railway sector as regulated in particular by Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).

Amendment 323 #

Proposal for a directive
Annex I – part I – subpart D – point 2

2. Safety requirements in the civil aviation sector as regulated in particular by Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, p. 35).

Amendment 324 #

Proposal for a directive
Annex I – part I – subpart D – point 3 – introductory part

3. Safety requirements in the road sector as regulated for example by:

Amendment 325 #

Proposal for a directive
Annex I – part I – subpart D – point 4 – introductory part

4. Safety requirements in the maritime sector as regulated in particular by:

Amendment 326 #

Proposal for a directive
Annex I – part I – subpart E – point i

(i) Any criminal offence against the protection of the environment as regulated for example by Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28) or any unlawful conduct infringing the legislation set out in the Annexes of the Directive 2008/99/EC;

Amendment 327 #

Proposal for a directive
Annex I – part I – subpart F – paragraph 1 – introductory part

Rules on nuclear safety as regulated for example by:

Amendment 328 #

Proposal for a directive
Annex I – part I – subpart G – point 1

1. Union food and feed law governed by the general principles and requirements as defined in particular by Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).

Amendment 329 #

Proposal for a directive
Annex I – part I – subpart G – point 2

2. Animal health as regulated in particular by Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’) (OJ L 84, 31.3.2016, p. 1).

Amendment 330 #

Proposal for a directive
Annex I – part I – subpart G – point 4 – introductory part

4. Protection of animal welfare as regulated for example by:

Amendment 331 #

Proposal for a directive
Annex I – part I – subpart H – point 1 – introductory part

1. Measures setting high standards of quality and safety of organs and substances of human origin, as regulated for example by:

Amendment 332 #

Proposal for a directive
Annex I – part I – subpart H – point 2 – introductory part

2. Measures setting high standards of quality and safety for medicinal products and devices of medical use as regulated for example by:

Amendment 333 #

Proposal for a directive
Annex I – part I – subpart H – point 3

3. Serious cross-border threats to health as regulated in particular by Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 1).

Amendment 334 #

Proposal for a directive
Annex I – part I – subpart H – point 4

4. Patients’ rights as regulated in particular by Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients’ rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).

Amendment 335 #

Proposal for a directive
Annex I – part I – subpart H – point 5

5. Manufacture, presentation and sale of tobacco and related products regulated in particular by Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1).

Amendment 336 #

Proposal for a directive
Annex I – part I – subpart I – paragraph 1 – introductory part

Consumer rights and consumer protection as regulated for example by:

source: 625.365

2018/07/19 EMPL 189 amendments...

Amendment 100 #

Proposal for a directive
Article 3 – paragraph 1 – point 12

(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting ~~which occurs in a work-related context~~ and causes or may cause unjustified detriment to the reporting person;

Amendment 101 #

Proposal for a directive
Article 4 – paragraph 1 a (new)

(1a) Member States may stipulate that legal entities in the private sector should establish internal reporting channels and procedures for reporting and following up on reports, following consultations with social partners, if appropriate.

Amendment 102 #

Proposal for a directive
Article 4 – paragraph 2

2. Such channels and procedures shall allow for reporting by employees of the entity. They may allow for reporting by other persons who are in contact with the entity in the context of their work-related activities, referred to in Article 2(1)(b),(c) and (d), ~~but~~and the use of internal channels for reporting shall ~~not~~ be mandatory for these categories of persons, except in legitimate, proven cases of risks to the person’s anonymity or safety.

Amendment 103 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 4 – paragraph 2

2. Such channels and procedures shall allow for reporting by employees of the entity. They may allow for reporting by other persons who are in contact with the entity in the context of their work-related activities, referred to in Article 2(1)(b),(c) and (d), but the use of internal channels for reporting shall not be mandatory for these categories of persons. Workers and their representatives shall be consulted on proposals to set up respective channels and procedures.

Amendment 104 #

Robert ROCHEFORT, Jean-Marie CAVADA

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. These reporting channels shall be clearly defined by the entity and easily accessible both within and from outside the entity.

Amendment 105 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Such channels must guarantee the anonymity of the reporting person as well as their personal information.

Amendment 106 #

Proposal for a directive
Article 4 – paragraph 2 a (new)

2a. Such channels shall safeguard the anonymity of whistleblowers, as well as their personal data.

Amendment 107 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 4 – paragraph 6 – point c

Amendment 108 #

Proposal for a directive
Article 4 – paragraph 6 – point d a (new)

(da) European Union institutions, agencies and bodies.

Amendment 109 #

Proposal for a directive
Article 5 – paragraph 1 – point a

(a) channels for receiving the reports which are designed, set up and operated in a manner that ensures the confidentiality of the identity of the reporting person and prevents access to non-authorised staff members;. Recipients of disclosed information within the workplace shall include, but not be limited to:· – Line-managers, superiors or representatives of the organisation;· – Human resources, ethics officers, work councils or other bodies in charge of mediating· – conflicts at work, including conflicts of interest;· – Internal financial oversight bodies within the organisation; – Disciplinary bodies within the organisation.

Amendment 110 #

Proposal for a directive
Article 5 – paragraph 1 – point c

Amendment 111 #

Proposal for a directive
Article 5 – paragraph 1 – point d

(d) a reasonable timeframe, not exceeding 30 days or three months ~~following the report~~in duly justified cases following the report with an acknowledgement of the receipt of report within 30 days, to provide feedback to the reporting person about the follow-up to the report;

Amendment 112 #

Proposal for a directive
Article 5 – paragraph 1 – point d

(d) a reasonable timeframe, not exceeding t~~hree~~wo months following the report, to provide feedback to the reporting person about the follow-up to the report;

Amendment 113 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a

(a) written reports in electronic or paper format and/or oral report through recorded telephone lines~~, whether recorded or unrecorded~~;

Amendment 114 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point b

(b) physical meetings with the person or department designated to receive reports accompanied, if the reporting person requests it, by a union representative and/or by a representative of civil society and/or his/her legal representative.

Amendment 115 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2

Reporting channels may be operated internally by a person or department designated for that purpose or provided externally by a third party, provided that the safeguards and requirements referred to in point (a) of paragraph 1 are respected. These channels shall be clearly defined by the entity to ensure the procedure is transparent and easy to use by the reporting person.

Amendment 116 #

Proposal for a directive
Article 5 – paragraph 2 a (new)

(2a) Member States may stipulate that follow-ups on reports with the same content as previous reports can be dispensed with.

Amendment 117 #

Proposal for a directive
Article 5 – paragraph 3 a (new)

3a. A reporting person who wishes to report a problem or negligence shall use the channels and methods offered by the entity unless: (a) the reporting person has legitimate reason to doubt that his action will remain anonymous; (b) the reporting person has legitimate reason to fear for his professional or personal safety; (c) the legal entity has failed in its obligation and does not offer any appropriate reporting channels or methods. All reports made via a channel or method other than those clearly defined by the entity will be deemed inadmissible and it will not be possible to use said reports subsequently as proof when reporting externally.

Amendment 118 #

Proposal for a directive
Article 5 – paragraph 3 a (new)

3a. Member States shall ensure the protection of report to an employer other than his or her direct employer where there are multiple organisations or employers involved and the worker reasonably believes the information relates solely or mainly to the conduct of that person or organisation, or is a matter for which that person or organisation has legal responsibility. Any such disclosure shall be treated as internal reporting.

Amendment 119 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 5 – paragraph 3 a (new)

3a. It shall be ensured that a worker considering making a report is protected to discuss, be accompanied and represented by his/her trade union, including throughout the internal process.

Amendment 120 #

Proposal for a directive
Article 6 – paragraph 2 – point b

(b) give feedback to the reporting person about the follow-up of the report within a reasonable timeframe not exceeding t~~hree~~wo months or ~~six~~four months in duly justified cases;

Amendment 121 #

Proposal for a directive
Article 6 – paragraph 2 – point b

(b) give feedback to the reporting person about the follow-up of the report within a reasonable timeframe not exceeding t~~hree~~wo months or ~~six~~four months in duly justified cases;

Amendment 122 #

Robert ROCHEFORT, Jean-Marie CAVADA

Proposal for a directive
Article 6 – paragraph 2 – point b a (new)

(ba) gives the reporting person the opportunity, without compelling him/her, to look over, examine and comment on the draft report over the course of the investigation, and the final report before it is published at the end of the investigation and, where relevant, take his/her comments into account;

Amendment 123 #

Proposal for a directive
Article 6 – paragraph 2 – point c a (new)

(ca) safeguard the anonymity of whistleblowers, as well as their personal data.

Amendment 124 #

Proposal for a directive
Article 7 – paragraph 1 – point c a (new)

(ca) guarantee free and independent advice and legal support for reporting persons and intermediaries.

Amendment 125 #

Proposal for a directive
Article 7 – paragraph 2 – point b

(b) oral report through recorded telephone lines~~, whether recorded or unrecorded~~;

Amendment 126 #

Robert ROCHEFORT, Jean-Marie CAVADA

Proposal for a directive
Article 7 – paragraph 2 – point c

(c) physical meeting with dedicated staff members of the competent authority accompanied, if the reporting person requests it, by a union representative and/or by a representative of civil society and/or his/her legal representative.

Amendment 127 #

Proposal for a directive
Article 7 – paragraph 2 a (new)

2a. These channels shall safeguard the anonymity of whistleblowers, as well as their personal data.

Amendment 128 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 9 – paragraph 1 – point a

Amendment 129 #

Proposal for a directive
Article 9 – paragraph 1 – point b

Amendment 130 #

Proposal for a directive
Article 9 – paragraph 1 – point b

Amendment 131 #

Proposal for a directive
Article 9 – paragraph 1 – point c a (new)

(ca) giving the reporting person the opportunity, without compelling him/her, to look over, examine and comment on the draft report over the course of the investigation, and the final report before it is published at the end of the investigation and, where relevant, take his/her comments into account.

Amendment 132 #

Proposal for a directive
Article 9 – paragraph 3 a (new)

(3a) Member States may stipulate that follow-ups on reports with the same content as previous reports can be dispensed with.

Amendment 133 #

Proposal for a directive
Article 9 a (new)

Article 9a Reporting of High Level Corruption Reporting persons in possession of information on high-level corruption shall be able to report directly to a judicial body set-up and self-regulated by the judiciary in a member state. This judicial body shall be completely autonomous from other branches of government and shall have the powers to provide the reporting person with physical and legal protection and take every action necessary ensure the breaches are thoroughly investigated and concerned persons brought to justice.

Amendment 134 #

Proposal for a directive
Article 10 – paragraph 1 – point b – point i

(i) the phone numbers, indicating ~~whether~~that conversations are recorded ~~or unrecorded when using those phone lines~~;

Amendment 135 #

Proposal for a directive
Article 10 – paragraph 1 – point g a (new)

(ga) contact information of CSOs where legal advice can be obtained free of charge.

Amendment 136 #

Proposal for a directive
Article 11 – paragraph 4

Amendment 137 #

Proposal for a directive
Article 12 – paragraph 1

Member States shall ensure that competent authorities review their procedures for receiving reports and their follow-up regularly, and at least once every ~~two years. In reviewing such procedures, competent authorities must take into account their experience and that of other competent authorities and must adapt their procedures accordingly~~five years.

Amendment 138 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 13 – paragraph 1

1. A reporting person shall qualify for protection under this Directive provided ~~he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls with~~that the information reported falls within the scope of this Directive. The protection covers whatever reporting channel was used; the individual circumstances of each case will determine the ~~scope of this Directive~~most appropriate channel.

Amendment 139 #

Proposal for a directive
Article 13 – paragraph 1

Amendment 140 #

Proposal for a directive
Article 13 – paragraph 1

1. A reporting person shall qualify for protection under this Directive provided he or she has reasonable grounds to believe that the information reported or disclosed was true at the time of reporting or disclosure and that this information falls within the scope of this Directive.

Amendment 141 #

Proposal for a directive
Article 13 – paragraph 2

2. A person reporting externally shall qualify for protection under this Directive where one of the following conditions is fulfilled : (a) but no appropriate action was taken in response to the report within the reasonable timeframe referred in Article 5; (b) not available for the reporting person or the reporting person could not reasonably be expected to be aware of the availability of such channels; (c) channels was not mandatory for the reporting person, in accordance with Article 4(2); (d) expected to use internal reporting channels in light of the subject-matter of the report; (e) to believe that the use of internal reporting channels could jeopardise the effectiveness of investigative actions by competent authorities; (f) directly through the external reporting channels to a competent authority by virtue of Union law.deleted he or she first reported internally internal reporting channels were the use of internal reporting he or she could not reasonably be he or she had reasonable grounds he or she was entitled to report

Amendment 142 #

Proposal for a directive
Article 13 – paragraph 2 – introductory part

2. A person ~~reporting externally~~who anonymously disclosed information that falls within the scope of this directive and whose identity was revealed shall also qualify for protection under this Ddirective ~~where one of the following conditions is fulfilled :~~.

Amendment 143 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 13 – paragraph 2 – introductory part

2. A person reporting ~~externally~~ shall qualify for protection under this Directive whe~~re one of the following conditions is fulfilled~~n raising concerns about matters under national law implementing union law in particular when he or she was entitled to report directly to a competent authority by virtue of Union law :

Amendment 144 #

Proposal for a directive
Article 13 – paragraph 2 – point a

~~(a) he or she first reported internally but no appropriate action was taken in response to the report within the reasonable timeframe referred in Article 5;~~deleted

Amendment 145 #

Proposal for a directive
Article 13 – paragraph 2 – point b

~~(b) internal reporting channels were not available for the reporting person or the reporting person could not reasonably be expected to be aware of the availability of such channels;~~deleted

Amendment 146 #

Proposal for a directive
Article 13 – paragraph 2 – point c

~~(c) the use of internal reporting channels was not mandatory for the reporting person, in accordance with Article 4(2);~~deleted

Amendment 147 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 13 – paragraph 2 – point c

(c) the use of internal reporting channels wasould not ~~mandatory for the reporting person, in accordance with Article 4(2)~~have achieved the same results;

Amendment 148 #

Proposal for a directive
Article 13 – paragraph 2 – point d

~~(d) he or she could not reasonably be expected to use internal reporting channels in light of the subject-matter of the report;~~deleted

Amendment 149 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 13 – paragraph 2 – point d

(d) he or she could not ~~reasonably be expected~~ to use internal reporting channels in light of the subject- matter of the report;

Amendment 150 #

Proposal for a directive
Article 13 – paragraph 2 – point e

~~(e) he or she had reasonable grounds to believe that the use of internal reporting channels could jeopardise the effectiveness of investigative actions by competent authorities;~~deleted

Amendment 151 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 13 – paragraph 2 – point e

(e) he or she had ~~reasonable~~ grounds to believe that the use of internal reporting channels could jeopardise the effectiveness of investigative actions by competent authorities;

Amendment 152 #

Proposal for a directive
Article 13 – paragraph 2 – point f

~~(f) he or she was entitled to report directly through the external reporting channels to a competent authority by virtue of Union law.~~deleted

Amendment 153 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 13 – paragraph 2 – point f

~~(f) he or she was entitled to report directly through the external reporting channels to a competent authority by virtue of Union law.~~deleted

Amendment 154 #

Proposal for a directive
Article 13 – paragraph 2 – point f a (new)

(fa) he or she has reasonable grounds for doubting the anonymity of his action and may legitimately fear professional or personal reprisals.

Amendment 155 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 13 – paragraph 2 – point f a (new)

(fa) he or she has reasonable grounds to believe that the information reported was true at the time of reporting.

Amendment 156 #

Proposal for a directive
Article 13 – paragraph 3

Amendment 157 #

Proposal for a directive
Article 13 – paragraph 3

Amendment 158 #

Proposal for a directive
Article 13 – paragraph 4

4. A person publicly disclosing information on breaches falling within the scope of this Directive shall qualify for protection under this Directive where: (a) and/or externally in accordance with Chapters II and III and paragraph 2 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b); or (b) expected to use internal and/or external reporting channels due to imminent or manifest danger for the public interest, or to the particular circumstances of the case, or where there is a risk of irreversible damage.deleted he or she first reported internally he or she could not reasonably be

Amendment 159 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 13 – paragraph 4 – introductory part

4. A person publicly disclosing information on breaches falling within the scope of this Directive shall qualify for protection under this Directive where one of the following conditions applies:

Amendment 160 #

Proposal for a directive
Article 13 – paragraph 4 – point a

(a) he or she first reported internally and/or externally in accordance with Chapters II and III ~~and paragraph 2 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b)~~; or

Amendment 161 #

Proposal for a directive
Article 13 – paragraph 4 – point b

(b) he or she could not reasonably be expected to use internal and/or external reporting channels, due, for instance, to imminent or manifest danger for the public interest, or to the particular circumstances of the case, or where there is a risk of irreversible damage.

Amendment 162 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 13 – paragraph 4 – point b a (new)

(ba) where the public has an overriding interest in being informed directly.

Amendment 163 #

Proposal for a directive
Article 13 – paragraph 4 a (new)

4a. A person who makes deliberately false accusations in bad faith may not benefit from the protection accorded by this Directive.

Amendment 164 #

Proposal for a directive
Article 13 – paragraph 4 a (new)

(4a) Member States may establish rules which differ from paragraphs (2)-(4) in order to afford greater protection to reporting persons.

Amendment 165 #

Proposal for a directive
Article 14 – title

Prohibition of professional retaliation against reporting persons

Amendment 166 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 14 – paragraph 1 – point c

(c) transfer or restriction of duties, change of location of place of work, reduction in wages~~, change in working hour~~ and allowances, change or reduction in working hours and working time arrangements;

Amendment 167 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 14 – paragraph 1 – point d

(d) withholding of training and vocational training;

Amendment 168 #

Proposal for a directive
Article 14 – paragraph 1 – point e

(e) unjustified negative performance assessment or employment reference;

Amendment 169 #

Proposal for a directive
Article 14 – paragraph 1 – point g

(g) coercion, intimidation, job blackmail, harassment or ostracism at the workplace;

Amendment 17 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16, 33, 43, 50, 53(1), 62, 91, 100, 103, 109, 114, 153, 154, 168, 169, 192, 207 and 325(4) thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 31 thereof,

Amendment 170 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 14 – paragraph 1 – point h a (new)

(ha) mandatory psychiatric or medical referrals;

Amendment 171 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 14 – paragraph 1 – point i

(i) failure to convert a temporary or non-standard employment contract into a permanent one;

Amendment 172 #

Proposal for a directive
Article 14 – paragraph 1 – point i

(i) unjustified failure to convert a temporary employment contract into a permanent one;

Amendment 173 #

Proposal for a directive
Article 14 – paragraph 1 – point j

(j) unjustified failure to renew or early termination of the temporary employment contract;

Amendment 174 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 14 – paragraph 1 – point n a (new)

(na) actual, threatened or attempted retaliatory actions;

Amendment 175 #

Proposal for a directive
Article 14 – paragraph 1 – point n a (new)

(na) mandatory psychiatric or medical referrals,

Amendment 176 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 14 – paragraph 1 – point n b (new)

(nb) obstruction or cancellation of retirement benefits.

Amendment 177 #

Proposal for a directive
Article 14 – paragraph 1 – point n b (new)

(nb) obstruction or cancellation of retirement benefits,

Amendment 178 #

Proposal for a directive
Article 14 – paragraph 1 – point n c (new)

(nc) loss of benefits or status,

Amendment 179 #

Proposal for a directive
Article 14 – paragraph 1 – point n d (new)

(nd) cancellation of duties,

Amendment 18 #

Proposal for a directive
Citation 1

Amendment 180 #

Proposal for a directive
Article 14 – paragraph 1 – point n e (new)

(ne) suspension of revocation of security clearance,

Amendment 181 #

Proposal for a directive
Article 14 – paragraph 1 – point n f (new)

(nf) retaliatory investigations,

Amendment 182 #

Proposal for a directive
Article 14 – paragraph 1 – point n g (new)

(ng) failure by managers to make reasonable efforts to prevent retaliation,

Amendment 183 #

Proposal for a directive
Article 14 – paragraph 1 – point n h (new)

(nh) initiation of retaliatory lawsuits or prosecutions.

Amendment 184 #

Proposal for a directive
Article 14 – paragraph 1 – point n i (new)

(ni) wilful ignorance of the retaliation by a supervisor or supervisory body who are tasked with monitoring the protected person

Amendment 185 #

Proposal for a directive
Article 14 – paragraph 1 – point n j (new)

(nj) breaching the confidentiality and anonymity of the reporting person and other persons protected by this Directive

Amendment 186 #

Proposal for a directive
Article 14 – paragraph 1 – point n k (new)

(nk) denying the rights of defence, including excessive delays in the handling of cases within the place of work

Amendment 187 #

Proposal for a directive
Article 14 – paragraph 1 – point n l (new)

(nl) and all other actions that could chill employees from exercise of rights protected by the Directive

Amendment 188 #

Proposal for a directive
Article 14 – paragraph 1 – point n m (new)

(nm) furthermore, all recommendations for any of the retaliatory actions listed in this article.

Amendment 189 #

Proposal for a directive
Article 15 – paragraph 3

(3) Reporting persons shall have access to effective assistance from competent authorities before any relevant authority involved in their protection against retaliation~~, including, where provided for under national law, certification of the fact that they qualify for protection under this Directive~~.

Amendment 19 #

Proposal for a directive
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 16, 33, 43, 50, 53(1), 62, 91, 100, 103, 109, 114, 153, 157, 168, 169, 192, 207 and 325(4) thereof and to the Treaty establishing the European Atomic Energy Community, and in particular Article 31 thereof,

Amendment 190 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 15 – paragraph 3

3. Reporting persons shall have access to effective assistance from competent authorities before any relevant authority involved in their protection against retaliation, including, ~~where provided for under national law,~~ certification of the fact that they qualify for protection under this Directive.

Amendment 191 #

Proposal for a directive
Article 15 – paragraph 4

(4) Persons reporting externally to competent authorities or making a public disclosure in accordance with this Directive – with the exception of cases involving the public disclosure of classified information and information relating to trade secrets – shall not be considered to have breached any restriction on disclosure of information imposed by contract or by any legislative, regulatory or administrative provision, and incur liability of any kind in respect of such disclosure.

Amendment 192 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 15 – paragraph 5

Amendment 193 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 15 – paragraph 7

Amendment 194 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 15 – paragraph 8 a (new)

8a. Reporting persons shall have access to psychological support.

Amendment 195 #

Proposal for a directive
Article 16 – paragraph 1

1. Member States shall ensure that ~~the~~all the parties concerned ~~persons~~ fully enjoy the right to an effective remedy and to a fair trial as well as the presumption of innocence and the rights of defence, including the right to be heard and the right to access their file, in accordance with the Charter of Fundamental Rights of the European Union.

Amendment 196 #

Proposal for a directive
Article 17 – paragraph 1 – introductory part

1. Member States shall provide for effective, proportionate and dissuasive penalties applicable, under civil and/or criminal law, to natural or legal persons that:

Amendment 197 #

Proposal for a directive
Article 17 – paragraph 2

Amendment 198 #

Proposal for a directive
Article 17 – paragraph 2

2. Member States shall provide for effective, proportionate and dissuasive penalties applicable to persons making malicious or abusive reports or disclosures~~, including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures~~ by retaining the protection and applying the rules of general law.

Amendment 199 #

Proposal for a directive
Article 17 – paragraph 2

2. Member States shall provide for effective, proportionate and dissuasive penalties applicable, under civil and/or criminal law, to persons making malicious and/or abusive and/or deliberately false reports or disclosures, including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures.

Amendment 20 #

Michael DETJEN, Alex MAYER, Guillaume BALAS, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Citation 1 a (new)

Having regard to initiative report of the European Parliament on legitimate measures to protect whistle-blowers acting in the public interest when disclosing the confidential information of companies and public bodies,

Amendment 200 #

Proposal for a directive
Article 17 a (new)

Article 17a No Waiver of Rights and Remedies The rights and remedies provided for under this Directive may not be waived or limited by any agreement, policy, form or condition of employment, including by any pre-dispute arbitration agreement. Any attempt to waive or limit these rights and remedies shall be considered void and unenforceable and may be subject to penalty or sanction.

Amendment 201 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 19

Member States ~~may~~shall introduce or retain provisions more favourable to the rights of the reporting persons than those set out in this Directive and shall establish reporting systems on national provisions, without prejudice to Article 16 and Article 17(2).

Amendment 202 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 20 a (new)

Article 20a Non-regression clause 1. The implementation of this Directive shall under no circumstances constitute valid grounds for reducing the general level of protection already afforded when reporting on breaches other than those mentioned in Article 1. 2. This Directive is without prejudice to any other rights conferred on reporting persons by other legal acts of the Union.

Amendment 203 #

Proposal for a directive
Article 21 a (new)

Article 21a Updating the Annexes Whenever a new EU legal act falls into the material scope laid down in Article 1 (1) (a) or Article 1 (2), the Commission shall update the Annexes accordingly via a delegated act.

Amendment 204 #

Proposal for a directive
Annex I

~~[...]~~deleted

Amendment 205 #

Proposal for a directive
Annex I – part I – subpart J a (new)

Ja Article 1 (a) (xi) - (xi) employment and working conditions 1. Employment legislation of the European Union, as regulated in particular by: (i) Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (OJ L 6, 10.1.1979,p. 24); (ii) Council Directive91/533/EEC of 14 October 1991 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship (OJ L288, 18.10.1991, p. 32); (iii) Council Directive91/383/EEC of 25 June 1991 supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship (OJ L 206, 29.7.1991, p.19); (iv) Council Directive 94/33/EC of 22 June 1994 on the protection of young people at work (OJ L 216, 20.8.1994,p. 12); (v) Council Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies (OJ L 225, 12.8.1998, p. 16); (vi) Council Directive 98/49/EC of 29 June 1998 on safeguarding the supplementary pension rights of employed and self-employed persons moving within the Community (OJ L 209, 25.7.1998, p.46); (vii) Council Directive2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation (OJ L 303, 2.12.2000, p. 16); (viii) Council Directive2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (OJ L 180, 19.7.2000,p. 22); (ix) Council Directive2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation concluded by the Association of European Airlines (AEA), the European Transport Workers' Federation (ETF), the European Cockpit Association (ECA), the European Regions Airline Association (ERA) and the International Air Carrier Association (IACA)(OJ L 302, 1.12.2000, p. 57); (x) Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (OJ L 82,22.3.2001, p. 16); (xii) Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision (OJ L 235,23.9.2003, p. 10); (xiii) Directive 2004/113/EC of13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services (OJ L 373, 21.12.2004,p. 37); (xiv) Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9); (xv) Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (OJ L 204, 26.7.2006, p. 23); (xvi) Directive 2008/94/EC of the European Parliament and of the Council of 22 October 2008 on the protection of employees in the event of the insolvency of their employer (OJ L 283,28.10.2008, p. 36); (xvii) Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC (OJ L180, 15.7.2010, p. 1); (xviii) Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, p. 8); (xix) Directive 2014/67/EU of the European Parliament and of the Council of 15 May 2014 on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services and amending Regulation (EU) No 1024/2012 on administrative cooperation through the Internal Market Information System (‘the IMI Regulation’) (OJ L 159, 28.5.2014, p. 11); (xx) Directive 2014/50/EU of the European Parliament and of the Council of 16 April 2014 on minimum requirements for enhancing worker mobility between Member States by improving the acquisition and preservation of supplementary pension rights (OJ L 128,30.4.2014, p. 1); (xxi) Regulation (EC) No450/2003 of the European Parliament and of the Council of 27 February 2003concerning the labour cost index (OJ L 69, 13.3.2003, p. 1); (xxii) Regulation (EC) No1071/2009 of the European Parliament and of the Council of 21 October 2009establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51); (xxiii) Regulation (EC) No987/2009 of the European Parliament and of the Council of 16 September 2009laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1); (xxiv) Regulation (EU) No492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union (OJ L 141, 27.5.2011, p. 1.); (xxv) Regulation (EU) No223/2014 of the European Parliament and of the Council of 11 March 2014 on the Fund for European Aid to the Most Deprived (OJ L 72, 12.3.2014, p. 1); (xxvi) Regulation (EU) 2015/848of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (OJ L 141, 5.6.2015, p. 19); 2. Working conditions, as regulated in particular by: (i) all individual Directives within the meaning of Article 16(1) of Directive 89/391/EEC; (ii) Council Directive 92/29/EEC of 31 March 1992 on the minimum safety and health requirements for improved medical treatment on board vessels (OJ L 113, 30.4.1992, p. 19); (iii) Directive 2001/95/EC of 3December 2001 on general product safety (OJ L 11, 15.01.2002, p. 4); (iv) Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC (OJ L 157, 9.6.2006, p. 24); (v) Commission Directive2006/15/EC of 7 February 2006 establishing a second list of indicative occupational exposure limit values in implementation of Council Directive98/24/EC and amending Directives 91/322/EEC and 2000/39/EC (OJ L 38, 9.2.2006,p. 36); (vi) Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the in land transport of dangerous goods (OJ L 260, 30.9.2008, p. 13); (vii) Directive 2009/104/EC of the European Parliament and of the Council of 16 September 2009 concerning the minimum safety and health requirements for the use of work equipment by workers at work (second individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 260, 3.10.2009, p. 5); (viii) Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work(OJ L 330, 16.12.2009, p. 28); (ix) Regulation (EC) No 1338/2008 of the European Parliament and of the Council of 16 December 2008 on Community statistics on public health and health and safety at work (OJ L 354, 31.12.2008, p. 70).

Amendment 21 #

Proposal for a directive
Citation 2 a (new)

Having regard to the European Convention on Human Rights, notably Article 10,

Amendment 22 #

Proposal for a directive
Citation 3 a (new)

Having regard to the Charter of Fundamental Rights of the European Union, in particular Article 11,

Amendment 23 #

Proposal for a directive
Recital 1

(1) Persons who work for an organisation or are in contact with it in the context of their work-related activities are often the first to know about threats or harm to the public interest which arise in this context. The purpose of this Directive is to create a climate of trust that enables whistleblowers to report observed or suspected breaches of law, as well as threats to the public interest. By ‘blowing the whistle’ they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society. However, potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation.

Amendment 24 #

Proposal for a directive
Recital 1 a (new)

(1a) The role of whistleblowers shall consist in discouraging and preventing wrongdoing, fraud, mismanagement and corruption in order to promote respect for the law and transparency.

Amendment 25 #

Proposal for a directive
Recital 3

Amendment 26 #

Proposal for a directive
Recital 4 a (new)

(4a) Reporting persons perform a public service by exposing wrongdoing, at times at great personal risk, and should be protected.

Amendment 27 #

Proposal for a directive
Recital 5 a (new)

(5a) Whistleblower protection is necessary to enhance the enforcement of Union law on public procurement. It is particularly necessary in combating corruption, a scourge that is deeply rooted in many EU Member States, even to the point where a genuine unofficial economy exists.

Amendment 28 #

Proposal for a directive
Recital 6

~~(6) Whistleblower protection is (6) necessary to enhance the enforcement of Union law on public procurement.~~ In addition to the need of preventing and detecting fraud and corruption in the context of the implementation of the EU budget, including procurement, it is necessary to tackle insufficient enforcement of rules on public procurement by national public authorities and certain public utility operators when purchasing goods, works and services. Breaches of such rules create distortions of competition, increase costs for doing business, violate the interests of investors and shareholders and, overall, lower attractiveness for investment and create an uneven level playing field for all businesses across Europe, thus affecting the proper functioning of the internal market.

Amendment 29 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Recital 9 a (new)

(9a) The importance of whistleblowers can also be seen in economic intelligence: as this can be cross-border in scope, whistleblowers play a major role in bringing to light illegal acts carried out in other countries against national economic interests.

Amendment 30 #

Proposal for a directive
Recital 20

(20) This Directive should be without prejudice to the protection afforded to employees when reporting on breaches of Union employment law. In particular, in the area of occupational safety and health, Article 11 of Framework Directive 89/391/EEC already requires Member States to ensure that workers or workers' representatives shall not be placed at a disadvantage because of their requests or proposals to employers to take appropriate measures to mitigate hazards for workers and/or to remove sources of danger. Workers and their representatives are entitled to raise issues with the competent national authorities if they consider that the measures taken and the means employed by the employer are inadequate for the purposes of ensuring safety and health but does not foresee the right to report breaches.

Amendment 31 #

Proposal for a directive
Recital 24

(24) Persons need specific legal protection where they acquire the information they report through their work- related activities and therefore run the risk of work-related retaliation (for instance, for breaching the duty of confidentiality or loyalty). The underlying reason for providing them with protection is their position of economic vulnerability vis-à- vis the person on whom they de facto depend for work. ~~When there is no such work-related power imbalance (for instance in the case of ordinary complainants or citizen bystanders) there is no need for protection against retaliation.~~

Amendment 32 #

Proposal for a directive
Recital 25

(25) Effective enforcement of Union law requires that protection is granted to the broadest possible range of categories of persons, who, irrespective of whether they are EU citizens or third-country nationals, by virtue of work-related activities (irrespective of the nature of these activities, whether they are paid or not), have privileged access to information about breaches that would be in the public’s interest to report and who may suffer retaliation if they report them. Member States should ensure that the need for protection is determined by reference to all the relevant circumstances and not merely by reference to the nature of the relationship, so as to cover ~~the whole range of~~all persons connected ~~in a broad sense to the organisation where the breach has occurred~~to the report..

Amendment 33 #

Proposal for a directive
Recital 26

(26) Protection should, firstly, apply to persons having the status of 'workers', within the meaning of Article 45 TFEU, as interpreted by the Court of Justice of the European Union52 , i.e. persons who, for a certain period of time, perform services for and under the direction of another person, in return of which they receive remuneration. In accordance with the Court's case law, the notion of worker should be interpreted broadly, including, for example civil servants. Protection should thus also be granted to workers in non-standard employment relationships, including part- time workers and fixed-term contract workers, as well as persons with a contract of employment or employment relationship with a temporary agency, which are types of relationships where standard protections against unfair treatment are often difficult to apply. __________________ 52 Judgments of 3 July 1986, Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C- 413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.

Amendment 34 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Recital 26

(26) Protection should, firstly, apply to persons having the status of 'workers', within the meaning of Article 45 TFEU, as interpreted by the Court of Justice of the European Union52 , i.e. persons who, for a certain period of time, perform or performed services for and under the direction of another person, in return of which they receive remuneration. Protection should thus also be granted to workers in non-standard employment relationships, including part- time workers and fixed-term contract workers, as well as persons with a contract of employment or employment relationship with a temporary agency, contractor or subcontractor or where the employee-like relationship is solely bound to directives, which are types of relationships where standard protections against unfair treatment are ~~often~~ difficult to apply. __________________ 52 Judgments of 3 July 1986, Lawrie-Blum, Case 66/85; 14 October 2010, Union Syndicale Solidaires Isère, Case C-428/09; 9 July 2015, Balkaya, Case C-229/14; 4 December 2014, FNV Kunsten, Case C- 413/13; and 17 November 2016, Ruhrlandklinik, Case C-216/15.

Amendment 35 #

Proposal for a directive
Recital 30 a (new)

(30a) Protection should be given to individuals working at institutions within the Union, but also to individuals working in European entities located outside Union territory. It should also apply to officials as well as other employees and interns working at the institutions, agencies and bodies of the Union.

Amendment 36 #

Proposal for a directive
Recital 32 a (new)

(32a) Persons who report unlawful activities at their place of work should be guaranteed proper protection. Said protection should be provided in the workplace (against harassment, blackmail, unlawful redundancy practices, wage discrimination, wilful and unjustified attacks on the person’s career) and in their personal life (protection for whistleblowers and their close relations in the event of real threats made against them).

Amendment 37 #

Proposal for a directive
Recital 33

(33) Whistleblowers are, in particular, important sources for investigative journalists. Providing effective protection to whistleblowers from retaliation increases the legal certainty of (potential) whistleblowers and thereby encourages and facilitates whistleblowing also to the media. In this respect, protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘watchdog’ role of investigative journalism in democratic societies. In view of the variety of situations, this Directive does not establish an order of priority between the different channels of reporting and disclosure. It is for the reporting person to determine the most appropriate channel, taking into account the rights and legitimate interests of concerned persons. Due to their importance for the freedom of expression and the right to receive information, public disclosures, including through the media, should be encouraged.

Amendment 38 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Recital 33 a (new)

(33a) Whistleblowers should be protected also when they disclose information to the public, including through the media, as insufficient whistleblower protection would affect individuals’ freedom of expression as well as the public’s right to access information and media freedom.

Amendment 39 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER

Proposal for a directive
Recital 33 b (new)

(33b) In order to facilitate public disclosures and establish an open culture of reporting in line with the Council of Europe Recommendation CM/Rec (2014) 7 on the protection of whistleblowers, the conditions for public disclosures should be sufficiently flexible, allowing the media to fulfil its democratic role as vector of freedom of expression and information.

Amendment 40 #

Proposal for a directive
Recital 34 a (new)

(34a) Member States should also establish their own criteria, in line with the minimal bases set by this Directive, for appraising the relevance and veracity of information provided by whistleblowers, and the appropriate follow-up.

Amendment 41 #

Proposal for a directive
Recital 35 a (new)

(35a) In cases of high level corruption additional safeguards are necessary to ensure that reporting persons are not prevented from receiving protection by the concerned persons the information in their possession will incriminate.

Amendment 42 #

Proposal for a directive
Recital 35 b (new)

(35b) Reporting persons in possession of information related to high-level corruption should have recourse to a judicial body that is autonomous from other branches of government with the powers to grant reporting persons effective protection and address the breaches that they expose.

Amendment 43 #

Proposal for a directive
Recital 39

(39) The exemption of small and micro undertakings from the obligation to establish internal reporting channels should not apply to private undertakings active in the area of financial services. Such undertakings should remain obliged to establish internal reporting channels, without this becoming an excessive bureaucratic burden, in line with the current obligations set forth in the Union acquis on financial services.

Amendment 44 #

Proposal for a directive
Recital 40 a (new)

(40a) Regardless of their size and number of employees, workplaces need to cultivate a working environment within which persons feel confident in raising concerns about potential failings, misconduct or unlawful activities. Establishing the right culture where persons feel able to raise issues without the fear of being accused of being a ‘whistleblower’ or fear of retaliation or being disadvantaged in some way, whether within their current role or with a future employer is recommended. Such action would make it easier to distinguish between genuine warnings and rumours or unfounded complaints.

Amendment 45 #

Proposal for a directive
Recital 42

(42) Provided the confidentiality of the identity of the reporting person is ensured, it is up to each individual private and public legal entity to define, in line with the rules in force in the Member State in which it is established, the kind of reporting channels to set up, such as in person, by post, by physical complaint box(es), by telephone hotline or through an online platform (intranet or internet). However, reporting channels should not be limited to those amongst the tools, such as in-person reporting and complaint box(es), which do not guarantee confidentiality of the identity of the reporting person.

Amendment 46 #

Proposal for a directive
Recital 42

(42) Provided the anonymity or confidentiality of the identity of the reporting person is ensured, it is up to each individual private and public legal entity to define the kind of reporting channels to set up, such as in person, by post, by physical complaint box(es), by telephone hotline or through an online platform (intranet or internet). However, reporting channels should not be limited to those amongst the tools, such as in-person reporting and complaint box(es), which do not guarantee anonymity nor confidentiality of the identity of the reporting person.

Amendment 47 #

Proposal for a directive
Recital 42 a (new)

(42a) Each individual private and public legal entity is duty bound to prepare in advance and in full transparency its own internal procedure(s) or kind(s) of channels. It should be easy for individuals to know about these procedures and channels and they should be easily accessible both within and from outside the entity.

Amendment 48 #

Proposal for a directive
Recital 43

(43) Third parties may also be authorised to receive reports on behalf of private and public entities, provided they offer appropriate guarantees of respect for independence, confidentiality, the possibility for anonymity data protection and secrecy. These can be external reporting platform providers, external counsel or auditors or trade union representatives.

Amendment 49 #

Proposal for a directive
Recital 44

(44) Internal reporting procedures should enable private legal entities to receive and investigate in full confidentiality and with respect of anonymity if appropriate reports by the employees of the entity and of its subsidiaries or affiliates (the group), but also, to any extent possible, by any of the group’s agents and suppliers and by any person who acquires information through his/her work-related activities with the entity and the group.

Amendment 50 #

Proposal for a directive
Recital 45

(45) The most appropriate persons or departments within a private legal entity to be designated as competent to receive and follow up on reports depend on the structure of the entity, but, in any case, their function should ensure absence of conflict of interest and independence. In smaller entities, this function could be a dual function held by a company officer well placed to report directly to the organisational head, such as a chief compliance or human resources officer, a legal or privacy officer, a chief financial officer, a chief audit executive or a member of the board.

Amendment 51 #

Proposal for a directive
Recital 46

(46) In the context of internal reporting, the quality and transparency of information provided on the follow up procedure to the report is crucial to build trust in the effectiveness of the overall system of whistleblower protection and reduces the likelihood of further unnecessary reports or public disclosures. The reporting person should be informed within a reasonable timeframe about the action envisaged or taken as follow up to the report (for instance, closure based on lack of sufficient evidence or other grounds, launch of an internal enquiry and possibly its findings and/or measures taken to address the issue raised, referral to a competent authority for further investigation) as far as such information would not prejudice the enquiry or investigation or affect the rights of the concerned person. Such reasonable timeframe should not exceed in total t~~hree~~wo months. Where the appropriate follow up is still being determined, the reporting person should be informed about this and about any further feedback he/she should expect.

Amendment 52 #

Proposal for a directive
Recital 47

(47) Persons who are considering reporting breaches of Union law should be able to make an informed decision on whether, how and when to report. Private and public entities having in place internal reporting procedures shall provide information on these procedures as well as on procedures to report externally to relevant competent authorities. They should also provide information on rights guaranteed to whistleblowers, particularly their right to disclosure guaranteed by this Directive, and their right to turn to civil society organisations involved in whistleblower protection to this end, in particular those who provide strategic and legal advice to whistleblowers. Such information must be easily understandable and easily accessible, including, to any extent possible, also to other persons, beyond employees, who come in contact with the entity through their work-related activities, such as service-providers, distributors, suppliers and business partners. For instance, such information may be posted at a visible location accessible to all these persons and to the web of the entity and may also be included in courses and trainings on ethics and integrity.

Amendment 53 #

Proposal for a directive
Recital 48 a (new)

(48a) In all cases, the reporting person should be informed of the investigation’s progress and should be able to access the draft report at least once so as to be able to revise it, comment on it and correct it if necessary, albeit with no obligation to do so. These comments must be incorporated and taken into account in the monitoring of the investigation. The reporting person should be informed of the investigation's outcome and should be able to revise and comment on the final report of the investigation. These comments must be included in the final report.

Amendment 54 #

Proposal for a directive
Recital 50

(50) Follow up and feedback should take place within a reasonable timeframe; this is warranted by the need to promptly address the problem that may be the subject of the report, as well as to avoid unnecessary public disclosures. Such timeframe should not exceed t~~hree~~wo months, but could be extended to ~~six~~four months, where necessary due to the specific circumstances of the case, in particular the nature and complexity of the subject of the report, which may require a lengthy investigation.

Amendment 55 #

Proposal for a directive
Recital 51 a (new)

(51a) EU institutions should create a competent authority to receive and handle reports. EU should ensure that the competent authority establish independent and autonomous external reporting channels, which are both secure and ensure confidentiality, for receiving and handling information provided by the reporting person; give feedback to the reporting person about the follow-up of the report within a reasonable timeframe not exceeding three months or six months in duly justified cases and transmit the information contained in the report to competent bodies, offices or agencies of the Union, as appropriate, for further investigation, where provided for under national or Union law. EU should also ensure that competent authorities follow up on the reports by taking the necessary measures and investigate, to the extent appropriate, the subject matter of the reports. The competent authorities should communicate to the reporting person the final outcome of the investigations. EU shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority and that the reporting person is informed.

Amendment 56 #

Proposal for a directive
Recital 54 a (new)

(54a) Persons contacting external competent authorities should be able to prove that they have first contacted the private or public legal entity, via the reporting channels clearly made known by said entity. External procedures are not to be launched without having first tried to report internally, and any such request will be deemed inadmissible.

Amendment 57 #

Proposal for a directive
Recital 54 b (new)

(54b) The obligation to report internally may only be ignored if whistleblowers have legitimate doubts about their anonymity being protected when reporting, or if reporting internally would lead to known risks.

Amendment 58 #

Proposal for a directive
Recital 59

(59) The regular review of the procedures of competent authorities and the exchange of good practices between them and competent civil society organisations should guarantee that those procedures are adequate and thus serving their purpose.

Amendment 59 #

Proposal for a directive
Recital 61

(61) The requirement of a tiered use of reporting channels, as a general rule, is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure. At the same time, some exceptions to its application are necessary, allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case. Moreover, iIt is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability, and fundamental rights such as freedom of expression and media freedom, whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm, in line with the criteria developed in the case-law of the European Court of Human Rights57 . __________________ 57 One of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society, is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure; see, for instance, Guja v. Moldova [GC], no 14277/04, ECHR 2008.

Amendment 60 #

Proposal for a directive
Recital 62

Amendment 61 #

Proposal for a directive
Recital 63

Amendment 62 #

Proposal for a directive
Recital 64

Amendment 63 #

Proposal for a directive
Recital 65

Amendment 64 #

Proposal for a directive
Recital 67

(67) Potential whistleblowers who are not sure about how to report or whether they will be protected in the end may be discouraged from reporting. Member States should ensure that relevant information is provided in a user-friendly way and is easily accessible to the general public and support the work of civil society organisations providing this information. Individual, impartial and confidential advice, free of charge, should be available on, for example, whether the information in question is covered by the applicable rules on whistleblower protection, which reporting channel may best be used and which alternative procedures are available in case the information is not covered by the applicable rules (‘signposting’). Access to such advice can help ensure that reports are made through the appropriate channels, in a responsible manner and that breaches and wrongdoings are detected in a timely manner or even prevented.

Amendment 65 #

Proposal for a directive
Recital 78

(78) Penalties are necessary to ensure the effectiveness of the rules on whistleblower protection. Penalties against those who take retaliatory or other adverse actions against reporting persons can discourage further such actions. Penalties against persons who make a report or disclosure demonstrated to be knowingly false are necessary to deter further malicious reporting and preserve the credibility of the system. The proportionality of such penalties should ensure that they do not have a dissuasive effect on potential whistleblowers.

Amendment 66 #

Proposal for a directive
Recital 78 a (new)

(78a) For the sake of fairness to all sides, there has to be a fair and proportional system of penalties for deliberately false accusations made in bad faith by whistleblowers against a private or public legal entity.

Amendment 67 #

Proposal for a directive
Recital 82

Amendment 68 #

Proposal for a directive
Recital 85 a (new)

Amendment 69 #

Proposal for a directive
Article 1 – paragraph 1 – introductory part

1. With a view to enhancing the enforcement of Union law and policies ~~in specific areas~~, this Directive lays down common minimum standards for the protection of persons reporting on ~~the following~~ unlawful activities or abuse of law:

Amendment 70 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 1 – paragraph 1 – introductory part

1. With a view to enhancing the enforcement of the individual protection of persons reporting breaches of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law:

Amendment 71 #

Proposal for a directive
Article 1 – paragraph 1 – point a

~~(a) breaches falling within the scope of the Union a~~deleted public procurement; financial services, prevention of products set out in the Annex (Part I and Part II) as regards the following areas: (i) (ii) money laundering and terrorist financing; (iii) (iv) (v) (vi) (vii) food and feed safety, animal health and welfare; (viii) (ix) (x) data, and security of network and information systems.afety; transport safety; protection of the environment; nuclear safety; public health; consumer protection; protection of privacy and personal

Amendment 72 #

Czesław HOC, Kosma ZŁOTOWSKI, Zdzisław KRASNODĘBSKI

Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part

(a) breaches falling within the scope of the Union acts ~~set out in the Annex (Part I and Part II) as regard~~are amongst others the following areas:

Amendment 73 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part

(a) breaches falling within the scope of ~~the~~ Union acts ~~set out in the Annex (Part I and Part II)~~ as regards the following areas:

Amendment 74 #

Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part

(a) breaches falling within the scope of the Union acts set out in the Annex (Part I and Part II), in particular as regards the following areas:

Amendment 75 #

Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part

(a) breaches falling within the scope of the Union acts, and especially those set out in the Annex (Part I and Part II) as regards the following areas:

Amendment 76 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 1 – paragraph 1 – point a – point x a (new)

(xa) social rights, individual and collective workers' rights as well as the rights of their representatives;

Amendment 77 #

Proposal for a directive
Article 1 – paragraph 1 – point a – point x a (new)

(xa) employment and working conditions

Amendment 78 #

Proposal for a directive
Article 1 – paragraph 1 – point b

~~(b) breaches of Articles 101, 102, 106, 107 and 108 TFEU and breaches falling within the scope of Council Regulation (EC) No 1/2003 and Council Regulation (EU) No 2015/1589;~~deleted

Amendment 79 #

Proposal for a directive
Article 1 – paragraph 1 – point c

(c) breaches affecting the financial interests of the Union as defined by Article 325 TFEU and as further specified, in particular, in Directive (EU) 2017/1371 and Regulation (EU, Euratom) No 883/2013;deleted

Amendment 80 #

Proposal for a directive
Article 1 – paragraph 1 – point d

(d) breaches relating to the internal market, as referred to in Article 26(2) TFEU, as regards acts which breach the rules of corporate tax or arrangements whose purpose is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law.deleted

Amendment 81 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) persons having or having had the status of a worker or an employee-like employment relationship, with the meaning of Article 45 TFEU;

Amendment 82 #

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) persons having the status of worker, with the meaning of Article 45 TFEU, including persons having the status of civil servants;

Amendment 83 #

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) persons having the status of worker, with the meaning of Article 45 TFEU as well as former workers;

Amendment 84 #

Czesław HOC, Kosma ZŁOTOWSKI, Zdzisław KRASNODĘBSKI

Proposal for a directive
Article 2 – paragraph 1 – point a

(a) persons having the status of worker or formal workers, with the meaning of Article 45 TFEU;

Amendment 85 #

Proposal for a directive
Article 2 – paragraph 1 – point c

(c) shareholders and persons belonging to the management body of an undertaking, including non-executive members~~, as well as volunteers and unpaid trainees~~;

Amendment 86 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 2 – paragraph 1 – point c

(c) shareholders and persons belonging to the management body of an undertaking, including non-executive members, as well as volunteers and ~~unpaid~~ trainees;

Amendment 87 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 2 – paragraph 1 – point d a (new)

(da) any person facilitating the report on possible breaches;

Amendment 88 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 2 – paragraph 1 – point d b (new)

(db) family members of the reporting person;

Amendment 89 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 2 – paragraph 1 – point d c (new)

(dc) any person presenting new information on the breach.

Amendment 90 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

2a. Without prejudice to Articles 22a, 22b and 22c of Regulation No 31 (EEC), 11 (EAEC), this Directive shall also apply to the officials and the other servants of the European Union and the European Atomic Energy Community who report information on any of the breaches referred to in Article 1.

Amendment 91 #

Proposal for a directive
Article 3 – paragraph 1 – point 1

(1) ‘breaches’ means actual or potential unlawful activities or abuse of ~~law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex~~Union law;

Amendment 92 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 3 – paragraph 1 – point 1

(1) ‘breaches’ means any actual or potential unethical or dishonest misconduct or actual or potential unlawful activities or abuse of law relating to the Union acts and areas falling within the scope referred to in Article 1 and in the Annex;

Amendment 93 #

Proposal for a directive
Article 3 – paragraph 1 – point 8

(8) ‘public disclosure’ means making information on breaches acquired within the work-related context available to the public domain;

Amendment 94 #

Proposal for a directive
Article 3 – paragraph 1 – point 8 a (new)

(8a) 'high level corruption' means breaches and abuse of law by concerned persons at ministerial level or higher and heads of public authorities and the staff that report directly to such concerned persons;

Amendment 95 #

Proposal for a directive
Article 3 – paragraph 1 – point 9

(9) ‘reporting person’ means a natural or legal person who reports or discloses information on breaches ~~acquired in the context of his or her work-related activities~~, who contributes, assists or aids to reveal or make public information on breaches as well as persons representing the reporting person and family and relatives of the reporting person;

Amendment 96 #

Proposal for a directive
Article 3 – paragraph 1 – point 9

(9) ‘reporting person’ means a natural or legal person who reports or discloses information on breaches ~~acquired in the context of his or her work-related activities;~~ , without necessarily being in a traditional employee-employer relationship and without necessarily having witnessed such acts first hand;

Amendment 97 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 3 – paragraph 1 – point 10

(10) ‘work-related context’ means current or past work activities regardless of the employment status or business relationship in the public or private sector through which, irrespective of their nature, persons may acquire information on breaches and within which these persons may suffer retaliation if they report them.

Amendment 98 #

Michael DETJEN, Guillaume BALAS, Alex MAYER, Agnes JONGERIUS, Rory PALMER, Claudiu Ciprian TĂNĂSESCU, Evelyn REGNER

Proposal for a directive
Article 3 – paragraph 1 – point 10 a (new)

(10a) ‘worker’ means a natural person who for a certain period of time performs services for and under the direction of another person in return for remuneration;

Amendment 99 #

Proposal for a directive
Article 3 – paragraph 1 – point 12

source: 625.555

2018/09/06 ECON 184 amendments...

Amendment 100 #

Proposal for a directive
Recital 78

(78) Penalties are necessary to ensure the effectiveness of the rules on whistleblower protection. Penalties against those who take retaliatory or other adverse actions against reporting persons can discourage further such actions. Penalties against persons who make a report or disclosure demonstrated to be knowingly false are necessary to deter further malicious reporting and preserve the credibility of the system. The proportionality of such penalties should ensure that they do not have a dissuasive effect on potential whistleblowers.

Amendment 101 #

Proposal for a directive
Recital 80

(80) This Directive introduces minimum standards and Member States should have the power and be encouraged to introduce or maintain more favourable provisions to the reporting person, provided that such provisions do not interfere with the measures for the protection of concerned persons.

Amendment 102 #

Proposal for a directive
Recital 84

Amendment 103 #

Roberts ZĪLE

Proposal for a directive
Article 1 – paragraph 1 – introductory part

1. WIn cases where Member States do not already have sufficient protection in place and with a view to enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law which Member States may adopt:

Amendment 104 #

Proposal for a directive
Article 1 – paragraph 1 – introductory part

1. With a view to enhancing the enforcement of Union law and policies in specific areas, this Directive lays down common minimum standards for the protection of persons reporting on ~~the following~~ unlawful activities or, abuse of law or threats to the public interest, including:

Amendment 105 #

Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part

a) breaches falling within the scope of the Union acts ~~set out in the Annex (Part I and Part II) as regards~~, including but not limited to the following areas:

Amendment 106 #

Ramon TREMOSA i BALCELLS

Proposal for a directive
Article 1 – paragraph 1 – point a – point ii

(ii) financial services, prevention of tax evasion, tax avoidance, money laundering and terrorist financing, also cyber- terrorism and cyber-crime;

Amendment 107 #

Proposal for a directive
Article 1 – paragraph 1 – point a – point ii

(ii) financial services, prevention of money laundering and terrorist financing, corruption and organised crime;

Amendment 108 #

Proposal for a directive
Article 1 – paragraph 1 – point a – point ii

(ii) financial services, prevention of money laundering, tax evasion, tax avoidance and terrorist financing;

Amendment 109 #

Proposal for a directive
Article 1 – paragraph 1 – point a – point v

Amendment 110 #

Proposal for a directive
Article 1 – paragraph 1 – point a – point viii

(viii) public health or public safety;

Amendment 111 #

Proposal for a directive
Article 1 – paragraph 1 – point a – point x a (new)

(x a) employment and working conditions;

Amendment 112 #

Proposal for a directive
Article 1 – paragraph 1 – point a – point x b (new)

(x b) tax fraud, tax evasion and tax avoidance;

Amendment 113 #

Proposal for a directive
Article 1 – paragraph 1 – point a – point x c (new)

(x c) violations of human rights or of the rights enshrined in the European Charter of Fundamental Rights;

Amendment 114 #

Proposal for a directive
Article 1 – paragraph 1 – point a – point x d (new)

(x d) company law;

Amendment 115 #

Proposal for a directive
Article 1 – paragraph 1 – point a – point x e (new)

(x e) asylum and migration law;

Amendment 116 #

Proposal for a directive
Article 1 – paragraph 1 – point b

b) Competition law, especially breaches of Articles 101, 102, 106, 107 and 108 TFEU and breaches falling within the scope of Council Regulation (EC) No 1/2003 and Council Regulation (EU) No 2015/1589;

Amendment 117 #

Proposal for a directive
Article 1 – paragraph 1 – point d

d) breaches relating to the internal market, as referred to in Article 26(2) TFEU, particularly as regards acts which breach the rules of corporate tax or arrangements whose purpose is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law.

Amendment 118 #

Proposal for a directive
Article 1 – paragraph 2

Amendment 119 #

Proposal for a directive
Article 2 – paragraph 1 – introductory part

1. This Directive shall apply to reporting persons ~~working~~and facilitators in the private or public sector who acquired information on breaches ~~in a work-related context~~ including, at least, the following:

Amendment 120 #

Jonás FERNÁNDEZ

Proposal for a directive
Article 2 – paragraph 1 – point a

a) persons having the status of worker, with the meaning of Article 45 TFEU, including part-time workers and fixed-term contract workers;

Amendment 121 #

Proposal for a directive
Article 2 – paragraph 1 – point d

d) any persons working under the supervision and direction of contractors, subcontractors, service providers and suppliers.

Amendment 122 #

Proposal for a directive
Article 2 – paragraph 2

Amendment 123 #

Proposal for a directive
Article 2 – paragraph 2 a (new)

2 a. Without prejudice to Articles 22a, 22b and 22c of Regulation No 31 (EEC), 11 (EAEC), this Directive shall also apply to the officials and the other servants of the European Union and the European Atomic Energy Community who report information on any of the breaches referred to in Article 1.

Amendment 124 #

Proposal for a directive
Article 3 – paragraph 1 – point 1

(1) ‘breaches’ means actual or potential unlawful activities, omissions or abuse of law relating to the Union acts ~~and~~, notably in areas falling within the scope referred to in Article 1 ~~and in the Annex~~;

Amendment 125 #

Proposal for a directive
Article 3 – paragraph 1 – point 3

(3) ‘abuse of law’ means acts or omissions falling within the scope of Union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules or represent a danger or a potential danger to the public interest;

Amendment 126 #

Proposal for a directive
Article 3 – paragraph 1 – point 4

(4) ‘information on breaches’ means ~~evidence~~information about actual breaches as well as ~~reasonable~~ suspicions about potential breaches which have not yet materialised;

Amendment 127 #

Proposal for a directive
Article 3 – paragraph 1 – point 5

Amendment 128 #

Proposal for a directive
Article 3 – paragraph 1 – point 8

(8) ‘disclosure’ means making information on breaches ~~acquired within the work-related context~~ available to the public domain;

Amendment 129 #

Proposal for a directive
Article 3 – paragraph 1 – point 9

(9) ‘reporting person’ means a natural or legal person who reports or discloses information on breaches ~~acquired in the context of his or her work-related activiti~~, or who contributes, assists or aids to reveal or make public information on breaches;

Amendment 130 #

Proposal for a directive
Article 3 – paragraph 1 – point 12

(12) ‘retaliation’ means any threatened or actual act or omission prompted by the internal or, external reporting ~~which occurs in a work-related context and~~or disclosure and which causes or may cause unjustified detriment to the reporting person, suspected reporting person or their family members, relatives and facilitators;

Amendment 131 #

Proposal for a directive
Article 3 – paragraph 1 – point 13

(13) ‘follow-up’ means any action taken by the recipient of the report, made internally or externally, to assess the accuracy of the allegations made in the report and, where relevant, to address the breach reported, including actions such as internal enquiry, investigation, prosecution, action for recovery of funds and closure as well as any other appropriate remedial or mitigation action;

Amendment 132 #

Proposal for a directive
Article 3 – paragraph 1 – point 14

(14) ‘competent authority’ means any ~~national~~legally responsible Union or Member State authority entitled to receive reports in accordance with Chapter III and designated to carry out the duties provided for in this Directive, in particular as regards the follow up of reports.

Amendment 133 #

Proposal for a directive
Article 4 – paragraph 1

Amendment 134 #

Proposal for a directive
Article 4 – paragraph 2

2. Such channels and procedures shall 2. allow for reporting by employees of the entity. They ~~may~~shall allow for reporting by other persons who are in contact with the entity in the context of their work-related activities, referred to in Article 2(1)(b),(c) and (d)~~, but the use of internal channels for reporting shall not be mandatory for these categories of persons~~.

Amendment 135 #

Proposal for a directive
Article 4 – paragraph 3 – point b – paragraph 1

private legal entities with an annual business or group turnover or annual balance sheet

Amendment 136 #

Ramon TREMOSA i BALCELLS

Proposal for a directive
Article 4 – paragraph 3 – point c

c) private legal entities of any size operating in the area of financial services or vulnerable to money laundering or, terrorist financing or cyber-crime, as regulated under the Union acts referred to in the Annex.

Amendment 137 #

Proposal for a directive
Article 4 – paragraph 6 – point d a (new)

d a) European Union institutions, agencies and bodies;

Amendment 138 #

Proposal for a directive
Article 5 – paragraph 1 – point a

a) channels for receiving the reports which are designed, set up and operated in a manner that ensures an acknowledgement of the receipt of a report, that ensures the confidentiality or anonymity of the identity of the reporting person and prevents access to non- authorised staff members;

Amendment 139 #

Proposal for a directive
Article 5 – paragraph 1 – point c

c) diligent follow up to the report by the designated person or department and appropriate and timely action if needed;

Amendment 140 #

Proposal for a directive
Article 5 – paragraph 1 – point d

d) a reasonable timeframe, not exceeding three months following the report, to provide substantive feedback to the reporting person about the follow-up to the report, 4 weeks to provide initial feedback and 1 week to provide a confidential note of receipt;

Amendment 141 #

Proposal for a directive
Article 5 – paragraph 1 – point d

d) a reasonable timeframe, not exceeding ~~three month~~30 days following the report, to provide feedback to the reporting person about the follow-up to the report;

Amendment 142 #

Proposal for a directive
Article 5 – paragraph 1 – point d a (new)

d a) the opportunity for the reporting person, with no obligation to do so, to look over, examine and comment on the final report at the end of the investigation;

Amendment 143 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a

(a) written reports in electronic or paper format and/or oral report through telephone lines, whether recorded or unrecorded; in case the phone conversation is recorded, the prior consent of the reporting person is necessary;

Amendment 144 #

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point b

(b) physical meetings with the person or department designated to receive reports. accompanied, if the reporting person requests it, by a union representative, by a representative of civil society or his/her legal representative;

Amendment 145 #

Proposal for a directive
Article 5 – paragraph 2 a (new)

2 a. Reporting channels, including digital mechanisms, and institutional arrangements shall provide for safe, secure, confidential and anonymous disclosures.

Amendment 146 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 147 #

Proposal for a directive
Article 5 – paragraph 3

Amendment 148 #

Proposal for a directive
Article 6 – paragraph 2 – introductory part

2. Member States and EU institutions shall ensure that the competent authorities:

Amendment 149 #

Proposal for a directive
Article 6 – paragraph 2 – point a

a) establish independent and autonomous external reporting channels, which are both secure and ensure confidentiality, for receiving and handling information provided by the reporting person and allow for anonymous reporting;

Amendment 150 #

Proposal for a directive
Article 6 – paragraph 2 – point b

b) acknowledge receipt of the report , give feedback to the reporting person about the follow-up of the report within a reasonable timeframe not exceeding t~~hree months or six months in duly justified case~~wo months;

Amendment 151 #

Proposal for a directive
Article 6 – paragraph 2 – point b a (new)

b a) gives the reporting person the opportunity, without compelling him/her, to look over, examine and comment on the draft report over the course of the investigation, and the final report before it is published at the end of the investigation;

Amendment 152 #

Proposal for a directive
Article 6 – paragraph 2 – point c

c) transmit the information contained in the report to competent bodies, offices or agencies of the Union or other Member States, as appropriate, for further investigation~~, where provided for under national or Union law~~.

Amendment 153 #

Proposal for a directive
Article 6 – paragraph 2 – point c a (new)

c a) cooperate fully, loyally and expeditiously with other Member States and EU authorities.

Amendment 154 #

Proposal for a directive
Article 6 – paragraph 3

3. Member States shall ensure that competent authorities follow up on the reports by taking the necessary measures and investigate, to the extent appropriate, the subject-matter of the reports. The competent authorities shall communicate to the reporting person and all relevant other Member States and competent EU competent authorities, offices and agencies the final outcome of the investigations.

Amendment 155 #

Proposal for a directive
Article 6 – paragraph 3

3. Member States and EU institutions shall ensure that competent authorities follow up on the reports by taking the necessary measures and investigate, to the extent appropriate, the subject-matter of the reports. The competent authorities shall communicate to the reporting person the final outcome of the investigations.

Amendment 156 #

Proposal for a directive
Article 6 – paragraph 4

4. Member States shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority and that the reporting person is informed. Member States shall ensure that competent authorities receiving reports they do not have competence to address have clear procedures for handling all disclosed information securely with due regard to confidentiality or anonymity.

Amendment 157 #

Proposal for a directive
Article 6 – paragraph 4

Amendment 158 #

Proposal for a directive
Article 6 – paragraph 4

4. Member States and EU institutions shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority and that the reporting person is informed.

Amendment 159 #

Proposal for a directive
Article 7 – paragraph 1 – point a a (new)

a a) they are designed, set up and operated in a manner that ensures the confidentiality of the personal information of the reporting person or persons and effectively prevents access to non-authorised staff members of the competent authority and keeps information on which staff members have accessed this information and when;

Amendment 160 #

Proposal for a directive
Article 7 – paragraph 1 – point c a (new)

c a) they guarantee free and independent advice and legal support for reporting persons and intermediaries.

Amendment 161 #

Proposal for a directive
Article 7 – paragraph 2 – point c

c) physical meeting with dedicated staff members of the competent authority accompanied, if the reporting person requests it, by a union representative, by a representative of civil society or his/her legal representative.

Amendment 162 #

Proposal for a directive
Article 7 – paragraph 4

4. Member States and EU bodies shall establish procedures to ensure that, where a report being initially addressed to a person who has not been designated as responsible handler for reports that person is refrained from disclosing any information that might identify the reporting or the concerned person.

Amendment 163 #

Proposal for a directive
Article 7 – paragraph 4

4. Member States and EU institutions shall establish procedures to ensure that, where a report being initially addressed to a person who has not been designated as responsible handler for reports that person is refrained from disclosing any information that might identify the reporting or the concerned person.

Amendment 164 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States shall ensure that competent authorities have an adequate number of competent staff members dedicated to handling reports. Dedicated staff members shall receive specific training for the purposes of handling reports.

Amendment 165 #

Proposal for a directive
Article 8 – paragraph 1

1. Member States and EU institutions shall ensure that competent authorities have staff members dedicated to handling reports. Dedicated staff members shall receive specific training for the purposes of handling reports.

Amendment 166 #

Proposal for a directive
Article 8 – paragraph 2 – point c

c) maintaining confidential contact with the reporting person and/or their trusted representatives for the purpose of informing the reporting person of the progress and the outcome of the investigation.

Amendment 167 #

Proposal for a directive
Article 9 – paragraph 1 – point b

b) a reasonable timeframe, not exceeding three months or six months in duly justified cases, for giving substantive feed-back to the reporting person about the follow-up of the report and the type and content of this feed-back;, 4 weeks to provide initial feedback and 1 week to provide a confidential note of receipt.

Amendment 168 #

Proposal for a directive
Article 9 – paragraph 1 – point b

b) a reasonable timeframe, not exceeding t~~hree months or six months in duly justified case~~wo months, for giving feed-back to the reporting person about the follow-up of the report and the type and content of this feed-back;

Amendment 169 #

Proposal for a directive
Article 9 – paragraph 1 – point c a (new)

c a) giving the reporting person the opportunity, without compelling him/her, to look over, examine and comment on the draft report over the course of the investigation, and the final report before it is published at the end of the investigation.

Amendment 170 #

Proposal for a directive
Article 10 – paragraph 1 – introductory part

Member States and EU institutions shall ensure that competent authorities publish on their websites in a separate, easily identifiable and accessible section at least the following information:

Amendment 171 #

Proposal for a directive
Article 10 – paragraph 1 – point g a (new)

g a) contact information of civil society organisations where legal advice can be obtained free of charge.

Amendment 172 #

Proposal for a directive
Article 11 – paragraph 1

1. Member States and EU institutions shall ensure that competent authorities keep records of every report received.

Amendment 173 #

Proposal for a directive
Article 12 – paragraph 1

Member States and EU institutions shall ensure that competent authorities review their procedures for receiving reports and their follow-up regularly, and at least once every two years. In reviewing such procedures competent authorities shall take account of their experience and that of other competent authorities and adapt their procedures accordingly.

Amendment 174 #