Progress: Procedure completed
Lead committee dossier:
Legal Basis:
Euratom Treaty A 031, TFEU 016-p2, TFEU 033, TFEU 043, TFEU 050-p1, TFEU 053-p1, TFEU 062, TFEU 091, TFEU 100-p2, TFEU 103-p1, TFEU 109, TFEU 114, TFEU 168, TFEU 169-p3, TFEU 192-p1, TFEU 207, TFEU 325-p4
Legal Basis:
Euratom Treaty A 031, TFEU 016-p2, TFEU 033, TFEU 043, TFEU 050-p1, TFEU 053-p1, TFEU 062, TFEU 091, TFEU 100-p2, TFEU 103-p1, TFEU 109, TFEU 114, TFEU 168, TFEU 169-p3, TFEU 192-p1, TFEU 207, TFEU 325-p4Subjects
Events
PURPOSE: to strengthen the protection of persons reporting on breaches of Union law (whistleblowers).
LEGISLATIVE ACT: Directive (EU) 2019/1937 of the European Parliament and of the Council on the protection of persons who report breaches of Union law.
CONTENT: the purpose of the Directive is to strengthen the application of Union law and policies in specific areas by establishing common minimum standards ensuring a high level of protection for persons reporting violations of Union law. Whistleblowers are important for the proper functioning of a democratic system based on the rule of law.
Scope of application
The Directive ensures a high level of protection for whistleblowers in a wide range of areas such as public procurement, financial services, prevention of money laundering, public health, food safety and violations affecting the Union's financial interests. This Directive shall not affect the responsibility of Member States to ensure national security or their power to protect their essential security interests.
Protection of reporting persons under the new rules
This Directive shall apply to reporting persons working in the private or public sector who acquired information on breaches in a work-related context. It shall also apply to reporting persons also where they report or disclose information acquired in a work-based relationship which has since ended. The measures for the protection of reporting persons shall also apply to facilitators and to third persons connected with the reporting persons and who may suffer retaliation in a work-related context, such as colleagues or relatives of the reporting person.
Creation of secure internal and external reporting channels
The new rules require private sector legal entities with more than 50 employees and public sector entities to establish channels and procedures for internal reporting. Reporting channels may be managed internally by a person or department designated for this purpose or provided externally by a third party. Member States may exempt from this obligation municipalities with less than 10 000 inhabitants or less than 50 workers.
Reporting persons shall report information on breaches using the channels and procedures, after having first reported through internal reporting channels, or by directly reporting through external reporting channels.
Member States shall encourage reporting through internal reporting channels before reporting through external reporting channels, where the breach can be addressed effectively internally and where the reporting person considers that there is no risk of retaliation.
Reporting obligations and feedback
Authorities and companies shall ensure prompt follow-up of alerts and follow up on whistleblower reports within 3 months from the expiry of the 7-day period following the alert (this period may, in duly justified cases, be extended to 6 months for external channels). The competent authorities shall communicate to the reporting person the final outcome of investigations triggered by the report.
Public disclosures
The Directive sets out the conditions to be met for a person to be protected by the new rules in the event that he or she discloses information.
A person who publicly discloses information on breaches shall be protected if he or she first made a report through internal and external channels and had reasonable grounds to believe that the offence may represent an imminent or manifest danger to the public interest, such as an emergency situation or a risk of irreversible damage.
Member States shall ensure that the identity of the informant is not disclosed without the explicit consent of the informant to any person other than staff members authorised to receive and/or follow up on reports.
Support and protection measures
The Directive prohibits any form of retaliation, including threats and attempted retaliation, direct or indirect, in particular in the form of dismissal, demotion or refusal of promotion. It requires Member States to take a series of measures to ensure that informants are protected against reprisals.
Member States shall provide whistleblowers with comprehensive and independent information on available procedures, free advice and legal assistance during the procedure. During the latter, whistleblowers shall also be able to benefit from financial and psychological support.
The rights and remedies provided for in the Directive may not be waived or limited by any agreement or policy, form of employment or working conditions, including an arbitration agreement.
ENTRY INTO FORCE: 16.12.2019.
TRANSPOSITION: 17.12.2021.
The European Parliament adopted by 591 votes to 29, with 33 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law.
The European Parliament’s position adopted at first reading under the ordinary legislative procedure amended the Commission proposal as follows:
Common minimum standards to protect whistleblowers
The proposed Directive shall aim to enhance the enforcement of Union law and policies in specific areas by laying down common minimum standards providing for a high level of protection of persons reporting on breaches in a wide range of areas, including public procurement, financial services, product and transport safety, nuclear safety, public health, consumer protection, personal data protection and breaches of competition and state aid rules.
The Directive shall not affect the responsibility of Member States to ensure national security and their power to protect their essential security interests. It shall not affect the protection of confidentiality of communications between lawyers and their clients.
Scope
This Directive shall apply to reporting persons working in the private or public sector who acquired information on breaches in a work-related context. It shall also apply to reporting persons also where they report or disclose information acquired in a work-based relationship which has since ended. The measures for the protection of reporting persons shall also apply to facilitators and to third persons connected with the reporting persons and who may suffer retaliation in a work-related context, such as colleagues or relatives of the reporting person.
Conditions for protection of reporting persons
Persons reporting information on breaches falling within the areas covered by this Directive shall qualify for protection provided that:
- they had reasonable grounds to believe that the information reported was true at the time of reporting and that the information fell within the scope of this Directive;
- they reported internally in accordance with the Directive and externally, or directly externally or publicly disclosed information.
Persons who reported or publicly disclosed information anonymously but were subsequently identified shall nonetheless qualify for protection in case they suffer retaliation.
Obligation to establish internal channels and procedures for reporting and monitoring
Legal entities in the private and public sectors shall establish internal channels and procedures for reporting and following up on reports. The use of internal channels shall be encouraged before any external reporting, where the offence can be effectively remedied internally and the reporting person considers that there is no risk of retaliation.
Member States may exempt from the obligation referred to in paragraph 1 municipalities with less than 10 000 inhabitants, or less than 50 employees, or other entities with less than 50 employees.
Legal entities in the private sector with 50 to 249 employees may share resources as regards the receipt and possibly also the investigations of reports. This is without prejudice to their obligations to maintain confidentiality and to give feedback, and to address the reported breach.
Internal reporting procedures
These procedures shall include the following elements:
- channels for receiving the reports ensuring the confidentiality of the identity of the reporting person;
- an acknowledgment of receipt of the report to the reporting person within no more than seven days of that receipt;
- the designation of an impartial person or department competent for following up on the reports;
- diligent follow up where provided for in national law as regards anonymous reporting;
- a reasonable timeframe to provide feedback to the reporting person about the follow-up to the report, not exceeding three months from the acknowledgment of receipt of or if no acknowledgement was sent, from the expiry of the seven-day period after the report was made;
- clear and easily accessible information regarding the conditions and procedures for reporting externally to competent authorities and, where relevant, to institutions, bodies, offices or agencies of the Union.
External reporting
Informants may also provide information on breaches by using external channels after using the internal channel or by reporting directly to the competent authorities. Member States shall designate the competent authorities to receive, provide feedback on or follow up on reports. The competent authorities shall inform the reporting person of the final outcome of investigations.
Public disclosures
A person who publicly discloses information on breaches shall be protected if he or she first made a report through internal and external channels and had reasonable grounds to believe that the offence may represent an imminent or manifest danger to the public interest, such as an emergency situation or a risk of irreversible damage.
Member States shall ensure that the identity of the informant is not disclosed without the explicit consent of the informant to any person other than staff members authorised to receive and/or follow up on reports.
Prohibition of retaliation
The proposed Directive prohibits any form of retaliation, including threats and attempts at retaliation, direct or indirect, in particular in the form of dismissal, demotion or refusal of promotion.
Member States shall provide whistleblowers with comprehensive and independent information on available procedures, free advice and legal assistance during the procedure. During the latter, whistleblowers may also benefit from financial and psychological support.
The Committee on Legal Affairs adopted the report by Virginie ROZIÈRE (S&D, FR) on the proposal for a directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law.
The Committee on Economy and Monetary Affairs, exercising its prerogative as an associated committee in accordance with Article 54 of the Rules of Procedure, also gave its opinion on the report.
The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.
Purpose : the purpose of the proposed Directive is to enhance the protection of persons reporting breaches of Union law and to enhance the enforcement of the latter in order to safeguard the public interest, by laying down common minimum standards for the protection of persons reporting on unlawful activities or abuses of law.
Material scope : the amended text stipulates the proposed Directive seeks to lay down common minimum standards for the protection of persons reporting on unlawful activities or abuse of law including breaches of Union acts that relate, inter alia , to employment, working conditions, workers' rights and the principle of equal opportunities and treatment between men and women at work.
Personal scope : t he Directive shall apply to reporting persons and facilitators, acting in good faith , working in the private or public sector and who acquired information on breaches in a work-related context including persons having the status of worker, including civil servants.
The Directive shall also apply to reporting persons acting in good faith whose work-based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre-contractual negotiation, as well as to reporting persons whose work-based relationship has ceased .
Obligation to establish internal channels and procedures for reporting and follow-up of reports : Member States shall ensure that employers and other legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports, following consultation and in agreement with the social partners.
Member States may exclude from the legal entities in the private sector the following private legal entities:
private legal entities with fewer than 250 employees; private legal entities with an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding EUR 43 million.
Procedures for internal reporting and follow-up of reports : the procedures for reporting and following-up of reports shall include the following:
a confidential acknowledgment of receipt of the report to the reporting person within no more than seven days of that receipt; the designation of an impartial person or independent department competent for following up on the reports; diligent follow up as regards anonymous reporting; a reasonable timeframe, not exceeding two months from the acknowledgment of receipt of the report, to provide feedback to the reporting person about the follow-up to the report. That timeframe may be extended to four months, where necessary due to the specific circumstances of the case; the possibility for the reporting person to be consulted and to present comments during the course of the investigation and the possibility for those comments to be taken into account where deemed relevant by the person or department concerned.
Record-keeping of reports received : Member States shall ensure that competent authorities keep records of every report received, in compliance with the confidentiality requirements provided for in this Directive. The reports shall be stored for no longer than is necessary and proportionate in view of the reporting procedure and shall be deleted as soon as the reporting procedure has been completed.
Duty of maintaining the confidentiality of the identity of reporting persons : Members stressed that the identity of a reporting person may not be disclosed without the reporting person’s explicit consent. This confidentiality requirement shall also apply to information that may be used to discover the identity of the reporting person.
Remedial measures : Member States shall take the necessary measures to ensure remedies and full compensation for damages suffered by reporting persons. Such remedial measures may take the following forms: (i) reintegration; (ii) restoration of a cancelled permit, licence or contract; (iii) compensation for actual or future financial losses; (iv) compensation for other economic damages or non-material damages.
Penalties : Member States shall ensure that effective, proportionate and dissuasive penalties are applicable to reporting persons making reports or disclosures demonstrated to be knowingly false, and that measures are in place for compensating persons who have suffered damage from such false reports or disclosures.
OPINION No 4/2018 concerning the proposal for a Directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law.
The Court of Auditors welcomes the proposal because it considers that the introduction or extension of whistleblowing systems in all Member States would help improve the management of EU policies from the bottom up through the actions of citizens and employees, as a complement to top-down enforcement such as actions for infringement initiated by the Commission against Member States under Article 258 TFEU.
Material scope
The proposal purports to protect persons reporting breaches in four main categories: (i) breaches falling within the scope of Union acts in a limited number of areas; (ii) breaches of competition rules; (iii) breaches affecting the financial interests of the Union; (iv) breaches relating to the internal market, regarding acts which breach the rules of corporate tax or arrangements whose purpose is to obtain a tax advantage defeating the purpose or object of the applicable corporate tax law.
While welcoming the Commission's intention to ensure the Directive covers many areas of Union activity, the Court of Auditors is concerned by the complexity of the material scope and the implications this might have in practice for the effective protection of whistleblowers. If there is no such voluntary scope extension in national law, end-users could be faced with making complex assessments requiring expert knowledge which they might not always possess.
Obligation to establish internal channels and procedures for reporting and follow-up of reports
The proposal would require Member States to ensure that legal entities in the private and public sectors established internal channels and procedures for whistleblowing. Public legal entities are defined as state and regional administrations, municipalities with more than 10 000 inhabitants and other entities governed by public law.
The Court considers that the exemption of certain municipalities from the obligation to establish internal reporting channels could significantly reduce the protection afforded to whistleblowers, since the average size of municipalities in the EU is 5 887 inhabitants, with wide variations between Member States. The Commission should provide its reasons for the threshold to the Parliament and the Council.
Procedures for internal reporting and follow-up of reports
The Court considers that the procedures and reporting procedures do not sufficiently cover awareness-raising or staff training in order to foster a corporate culture in which whistleblowing is well accepted.
Conditions for the protection of reporting persons
The Court considers that the determining factor should be the public interest of the information revealed by whistleblowing. It considers that the widely-drafted exceptions to this rule would require further interpretation (administrative and judicial) in order to avoid creating uncertainty for potential whistleblowers.
Measures for the protection of reporting persons against retaliation
While welcoming the proposal, the Court observes that the Directive does not address the issue of temporal limits, meaning that Member States cannot introduce or maintain such limits on whistleblower protection.
Reporting, evaluation and review
The Court considers that there is room for improvement. In particular, the fact that the sending of statistics would be optional for certain Member States and that the statistics would not be broken down by policy area would reduce the effectiveness of this provision. In addition, the statistics would only be made public after six years from the expiry of the transposition deadline, or eight years from the entry into force of the Directive. This period seems disproportionately long.
According to the Court, it is essential that the statistical information on whistleblowing in Member States needs to be of the highest possible quality, and in particular it should be available by country, by legal act and by subject area and should include the final outcomes of civil and criminal cases. Where appropriate, the Commission may explore possible options for allocating EU funds to Member States to help them collect the requested data.
PURPOSE: to strengthen the protection of persons reporting on breaches of Union law (whistleblowers).
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: whistleblowers can play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society.
Whistleblower protection currently provided in the European Union is fragmented across Member States and uneven across policy areas.
This fragmentation and these gaps mean that, in many situations, whistleblowers are not properly protected against retaliation : 85 % of respondents to the 2017 public consultation carried out by the Commission believe that workers very rarely or rarely report concerns about threat or harm to the public because of fear of legal and financial consequences.
Lack of effective whistleblower protection raises further concerns on its negative impacts on the freedom of expression and the freedom of the media, enshrined in Article 11 of the EU Charter of Fundamental Rights.
It can also impair the enforcement of EU law. For these reasons, the importance of providing effective whistleblower protection for safeguarding the public interest is increasingly acknowledged both at European1 and international level.
The European Parliament, in its resolution of 24 October 2017 called on the Commission to present a horizontal legislative proposal to guarantee a high level of protection for whistleblowers in the EU, in both the public and private sectors, as well as in national and EU institutions.
The proposal draws upon the case law of the European Court of Human Rights on the right to freedom of expression enshrined in Article 10 of the European Convention on Human Rights 10 ECHR, and the principles developed on this basis by the Council of Europe in its 2014 Recommendation on Protection of Whistleblowers.
IMPACT ASSESSMENT: the preferred option is (i) a Directive introducing whistleblower protection in specific areas (including the financial interests of the Union) where it is necessary to address whistleblowers' underreporting in order to enhance the enforcement of Union law, as breaches would lead to serious harm to the public interest; (ii) complemented by a Communication establishing a policy framework at EU level, including measures in support of national authorities.
In other areas of the single market, such as in public procurement, the benefits are estimated to be in the range of EUR 5.8 to EUR 9.6 billion each year for the EU as a whole.
CONTENU: the proposal establishes a set of common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law: (i) public procurement, (ii) financial services, (iii) money laundering and terrorist financing, (iv) product safety, (v) transport safety, (vi) environmental protection, (vii) nuclear safety, (viii) food and feed safety, (ix) animal health and welfare, (x) public health, (xi) consumer protection, (xii) privacy, data protection and security of networks and information systems.
It also applies to breaches of EU competition rules, breaches and abuses of company taxation rules and damage to EU financial interests.
Internal and external alerts : the proposal requires Member States to ensure that legal entities in the private and public sectors put in place adequate internal reporting channels and procedures for follow-up of reports. This shall include private legal entities with more than 50 employees or an annual turnover of more than EUR 10 million as well as all national or regional administrations and municipalities in cities with more than 10 000 inhabitants.
The proposal requires that reporting channels ensure the confidentiality of the reporting person’s identity and that the service responsible for receiving the report follows up diligently and informs the informant within a reasonable timeframe not exceeding three months after the report .
Member States shall also be required to ensure that competent authorities have in place external reporting channels and procedures for receiving and following-up on reports and sets out the minimum standards applicable to such channels and procedures.
Protection of informants : in order to discourage malicious or abusive reports, the proposal requires that reporting persons have reasonable grounds to believe that the information reported was true at the time of reporting.
Moreover, reporting persons are generally required to use internal channels first; if these channels do not work or could not reasonably be expected to work, they may report to the competent authorities, and, as a last resort, to the public/ the media.
The proposal requires that retaliation in any form be prohibited and sets out further measures that Member States should take to ensure the protection of reporting persons, including:
making easily accessible to the public and free of charge independent information and advice on procedures and remedies available on protection against retaliation; exempting reporting persons from liability for breach of restrictions on disclosure of information imposed by contract or by law; providing for the reversal of the burden of proof in legal proceedings so that, in prima facie cases of retaliation, it is up to the person taking action against a whistleblower to prove that it is not retaliating against the act of whistleblowing; putting at the disposal of reporting persons remedial measures against retaliation.
Persons involved in acts reported by a whistleblower should enjoy the presumption of innocence, the right to an effective remedy and a fair trial and the right of defence.
Lastly, the proposal provides for effective, proportionate and dissuasive penalties which are necessary: (i) to punish and proactively discourage actions aimed at hindering reporting, retaliatory actions, vexatious proceedings against reporting persons and breaches of the duty of maintaining the confidentiality of their identity, and, (ii) to discourage malicious and abusive whistleblowing.
Documents
- Final act published in Official Journal: Directive 2019/1937
- Final act published in Official Journal: OJ L 305 26.11.2019, p. 0017
- Draft final act: 00078/2019/LEX
- Commission response to text adopted in plenary: SP(2019)440
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T8-0366/2019
- Amendments tabled in committee: PE638.448
- Amendments tabled in committee: PE637.580
- Specific opinion: PE637.335
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)003720
- Committee report tabled for plenary, 1st reading: A8-0398/2018
- Contribution: COM(2018)0218
- Committee opinion: PE626.976
- Specific opinion: PE629.554
- Committee opinion: PE623.815
- Committee opinion: PE623.761
- Committee opinion: PE623.888
- Committee opinion: PE623.789
- Committee opinion: PE625.343
- Amendments tabled in committee: PE627.664
- Amendments tabled in committee: PE627.732
- Court of Auditors: opinion, report: N8-0010/2019
- Court of Auditors: opinion, report: OJ C 405 09.11.2018, p. 0001
- Reasoned opinion: PE623.872
- Committee opinion: PE623.622
- Contribution: COM(2018)0218
- Contribution: COM(2018)0218
- Contribution: COM(2018)0218
- Committee draft report: PE623.965
- Legislative proposal: COM(2018)0218
- Legislative proposal: EUR-Lex
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0116
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2018)0117
- Legislative proposal: COM(2018)0218 EUR-Lex
- Document attached to the procedure: EUR-Lex SWD(2018)0116
- Document attached to the procedure: EUR-Lex SWD(2018)0117
- Committee draft report: PE623.965
- Committee opinion: PE623.622
- Reasoned opinion: PE623.872
- Amendments tabled in committee: PE627.664
- Amendments tabled in committee: PE627.732
- Court of Auditors: opinion, report: N8-0010/2019 OJ C 405 09.11.2018, p. 0001
- Committee opinion: PE623.789
- Committee opinion: PE625.343
- Committee opinion: PE623.888
- Committee opinion: PE623.761
- Committee opinion: PE623.815
- Specific opinion: PE629.554
- Committee opinion: PE626.976
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2019)003720
- Specific opinion: PE637.335
- Amendments tabled in committee: PE637.580
- Amendments tabled in committee: PE638.448
- Commission response to text adopted in plenary: SP(2019)440
- Draft final act: 00078/2019/LEX
- Contribution: COM(2018)0218
- Contribution: COM(2018)0218
- Contribution: COM(2018)0218
- Contribution: COM(2018)0218
Activities
- Virginie ROZIÈRE
Plenary Speeches (2)
- Nikolaos CHOUNTIS
Plenary Speeches (1)
- Sergio Gaetano COFFERATI
Plenary Speeches (1)
- Georgios EPITIDEIOS
Plenary Speeches (1)
- Ana GOMES
Plenary Speeches (1)
- Ramón JÁUREGUI ATONDO
Plenary Speeches (1)
- Sylvia-Yvonne KAUFMANN
Plenary Speeches (1)
- Patrick LE HYARIC
Plenary Speeches (1)
- Andrejs MAMIKINS
Plenary Speeches (1)
- Notis MARIAS
Plenary Speeches (1)
- Morten MESSERSCHMIDT
Plenary Speeches (1)
- Felix REDA
Plenary Speeches (1)
- Elly SCHLEIN
Plenary Speeches (1)
- Pavel SVOBODA
Plenary Speeches (1)
- Miguel VIEGAS
Plenary Speeches (1)
- Francis ZAMMIT DIMECH
Plenary Speeches (1)
Votes
A8-0398/2018 - Virginie Rozière - Am 155 16/04/2019 12:27:45.000 #
A8-0398/2018 - Virginie Rozière - Am 155 #
Amendments | Dossier |
1924 |
2018/0106(COD)
2018/07/04
ENVI
78 amendments...
Amendment 203 #
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 (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 or long administrative procedures.
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
Amendment 208 #
Proposal for a directive Recital 4 (4) Whistleblower protection currently provided in the European Union is fragmented across Member States
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
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
Amendment 215 #
Proposal for a directive Recital 13 (13) In the same vein, whistleblowers’ reports
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-
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,
Amendment 228 #
Proposal for a directive Recital 62 Amendment 229 #
Proposal for a directive Recital 63 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
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
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
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
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
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 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 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
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 #
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
Amendment 266 #
Proposal for a directive Annex I – part I – subpart E – point ix a (new) 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) 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) 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
Amendment 106 #
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
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
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
Amendment 111 #
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
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
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
Amendment 115 #
Proposal for a directive Recital 10 (10) Evidence-gathering, detecting and addressing environmental crimes and
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
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
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).
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
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
Amendment 123 #
Proposal for a directive Recital 24 (24) Persons need specific legal protection where they acquire the
Amendment 124 #
Proposal for a directive Recital 24 (24) Persons need specific
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
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
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
Amendment 129 #
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
Amendment 130 #
Proposal for a directive Recital 29 (29) Effective detection and prevention of
Amendment 131 #
Proposal for a directive Recital 29 (29) Effective detection and prevention of
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.
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
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 (33) Whistleblowers are, in particular, important sources for investigative journalists. Providing effective protection to whistleblowers from retaliation increases the legal certainty of (potential) whistleblowers and thereby encourages and facilitates whistleblowing also to the media. In this respect, protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘watchdog’ role of investigative journalism and fostering a culture of accountability and transparency in democratic societies.
Amendment 138 #
Proposal for a directive Recital 34 (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,
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
Amendment 141 #
Proposal for a directive Recital 38 Amendment 142 #
Proposal for a directive Recital 39 Amendment 143 #
Proposal for a directive Recital 40 (
Amendment 144 #
Proposal for a directive Recital 40 (40) It should be clear that, in the case of private legal entities which
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.
Amendment 146 #
Proposal for a directive Recital 42 (
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 (
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
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
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
Amendment 152 #
Proposal for a directive Recital 49 (
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
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
Amendment 155 #
Proposal for a directive Recital 51 (
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
Amendment 157 #
Proposal for a directive Recital 53 (
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
Amendment 159 #
Proposal for a directive Recital 58 (
Amendment 160 #
Proposal for a directive Recital 60 (
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
Amendment 162 #
Proposal for a directive Recital 61 (
Amendment 163 #
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
Amendment 164 #
Proposal for a directive Recital 62 (62)
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
Amendment 167 #
Proposal for a directive Recital 63 (
Amendment 168 #
Proposal for a directive Recital 64 (
Amendment 169 #
Proposal for a directive Recital 65 (
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
Amendment 171 #
Proposal for a directive Recital 68 (
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,
Amendment 173 #
Proposal for a directive Recital 70 (
Amendment 174 #
Proposal for a directive Recital 71 (
Amendment 175 #
Proposal for a directive Recital 73 (
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 (
Amendment 178 #
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
Amendment 180 #
Proposal for a directive Recital 78 (
Amendment 181 #
Proposal for a directive Recital 80 (
Amendment 182 #
Proposal for a directive Recital 82 (82) The material scope of this Directive is based on
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
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 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 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
Amendment 191 #
Proposal for a directive Article 2 – paragraph 1 – point a (a) persons having the status of worker
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
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 Amendment 196 #
Proposal for a directive Article 3 – paragraph 1 – point 1 (1) ‘breaches’ means actual or potential unlawful activities or abuse of law
Amendment 197 #
Proposal for a directive Article 3 – paragraph 1 – point 1 (1) ‘breaches’ means actual or potential
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 (
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
Amendment 201 #
Proposal for a directive Article 3 – paragraph 1 – point 9 (
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
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
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
Amendment 208 #
Proposal for a directive Article 4 – paragraph 2 2. Such channels and procedures shall allow for reporting by employees of the entity
Amendment 209 #
Proposal for a directive Article 4 – paragraph 3 Amendment 210 #
Proposal for a directive Article 4 – paragraph 4 Amendment 211 #
Proposal for a directive Article 4 – paragraph 5 Amendment 212 #
Proposal for a directive Article 4 – paragraph 6 – point c (c) municipalities
Amendment 213 #
Proposal for a directive Article 4 – paragraph 6 – point c (c) municipalities with more than
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 (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
Amendment 220 #
Proposal for a directive Article 5 – paragraph 1 – point b (b)
Amendment 221 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) the designation of a person
Amendment 222 #
Proposal for a directive Article 5 – paragraph 1 – point d (
Amendment 223 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) a reasonable timeframe, not exceeding t
Amendment 224 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) a reasonable timeframe, not exceeding
Amendment 225 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 – point a (a) written reports in electronic or paper format
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
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 Amendment 230 #
Proposal for a directive Article 6 – paragraph 1 1. Member States shall designate
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
Amendment 233 #
Proposal for a directive Article 6 – paragraph 2 – point a (a) establish independent
Amendment 234 #
Proposal for a directive Article 6 – paragraph 2 – point a (
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 (
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
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
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 Amendment 241 #
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
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
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
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
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 (
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 (
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
Amendment 256 #
Proposal for a directive Article 9 – paragraph 1 – point b (
Amendment 257 #
Proposal for a directive Article 9 – paragraph 1 – point b (b) a reasonable timeframe, not exceeding t
Amendment 258 #
Proposal for a directive Article 9 – paragraph 1 – point c (
Amendment 259 #
Proposal for a directive Article 9 – paragraph 1 – point c (c) the confidentiality
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
Amendment 261 #
Proposal for a directive Article 9 – paragraph 3 Amendment 262 #
Proposal for a directive Article 10 – paragraph 1 – point a (
Amendment 263 #
Proposal for a directive Article 10 – paragraph 1 – point b – point i (i) the phone numbers, indicating
Amendment 264 #
Proposal for a directive Article 11 – paragraph 2 Amendment 265 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 1 – introductory part Amendment 266 #
Proposal for a directive Article 11 – paragraph 3 – subparagraph 2 Amendment 267 #
Proposal for a directive Article 11 – paragraph 4 Amendment 268 #
Proposal for a directive Article 11 – paragraph 4 Amendment 269 #
Proposal for a directive Article 11 – paragraph 5 – subparagraph 2 Amendment 270 #
Proposal for a directive Chapter 4 – title Amendment 271 #
Proposal for a directive Article 13 – title 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 Amendment 274 #
Proposal for a directive Article 13 – paragraph 2 Amendment 275 #
Proposal for a directive Article 13 – paragraph 2 – point c 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 (
Amendment 278 #
Proposal for a directive Article 13 – paragraph 2 – point c (
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
Amendment 280 #
Proposal for a directive Article 13 – paragraph 4 Amendment 281 #
Proposal for a directive Article 13 – paragraph 4 – introductory part 4. A person making a public
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
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 Amendment 286 #
Proposal for a directive Article 14 – paragraph 1 – introductory part Member States shall take the necessary measures to prohibit any
Amendment 287 #
Proposal for a directive Article 14 – paragraph 1 – introductory part 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 Amendment 291 #
Proposal for a directive Article 15 – paragraph 1 Amendment 292 #
Proposal for a directive Article 15 – paragraph 3 Amendment 293 #
5. In judicial proceedings relating to a detriment suffered by the reporting person,
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 Amendment 296 #
Proposal for a directive Article 15 – paragraph 6 Amendment 297 #
Proposal for a directive Article 15 – paragraph 7 Amendment 298 #
Proposal for a directive Article 15 – paragraph 8 Amendment 299 #
Proposal for a directive Article 16 – paragraph 2 Amendment 300 #
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 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 (
Amendment 304 #
Proposal for a directive Article 17 – paragraph 1 – point c (
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
Amendment 309 #
2. Member States shall provide for effective, proportionate and dissuasive penalties applicable to persons
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 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
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
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
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 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 under Union legislation, including:
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
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
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
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
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),
Amendment 103 #
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
Amendment 104 #
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 #
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 #
Proposal for a directive Article 4 – paragraph 6 – point c (c) municipalities
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
Amendment 110 #
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 111 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) a reasonable timeframe, not exceeding 30 days or three months
Amendment 112 #
Proposal for a directive Article 5 – paragraph 1 – point d (d) a reasonable timeframe, not exceeding t
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
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 #
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
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
Amendment 122 #
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
Amendment 126 #
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 #
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 while protecting her or his anonymity;
Amendment 129 #
Proposal for a directive Article 9 – paragraph 1 – point b (b) a reasonable timeframe, not exceeding t
Amendment 130 #
Proposal for a directive Article 9 – paragraph 1 – point b (b) a reasonable timeframe, not exceeding t
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
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
Amendment 138 #
Proposal for a directive Article 13 – paragraph 1 1. A reporting person shall qualify for protection under this Directive provided
Amendment 139 #
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 and regardless of the reporting channel he or she chose.
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 Amendment 142 #
Proposal for a directive Article 13 – paragraph 2 – introductory part 2. A person
Amendment 143 #
Proposal for a directive Article 13 – paragraph 2 – introductory part 2. A person reporting
Amendment 144 #
Proposal for a directive Article 13 – paragraph 2 – point a Amendment 145 #
Proposal for a directive Article 13 – paragraph 2 – point b Amendment 146 #
Proposal for a directive Article 13 – paragraph 2 – point c Amendment 147 #
Proposal for a directive Article 13 – paragraph 2 – point c (c) the use of internal reporting channels w
Amendment 148 #
Proposal for a directive Article 13 – paragraph 2 – point d Amendment 149 #
Proposal for a directive Article 13 – paragraph 2 – point d (d) he or she could not
Amendment 150 #
Proposal for a directive Article 13 – paragraph 2 – point e Amendment 151 #
Proposal for a directive Article 13 – paragraph 2 – point e (e) he or she had
Amendment 152 #
Proposal for a directive Article 13 – paragraph 2 – point f Amendment 153 #
Proposal for a directive Article 13 – paragraph 2 – point f 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 #
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 Amendment 159 #
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
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 #
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 #
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
Amendment 167 #
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 #
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 #
Proposal for a directive Article 14 – paragraph 1 – point h a (new) (ha) mandatory psychiatric or medical referrals;
Amendment 171 #
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 #
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 #
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 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 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
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)
Amendment 190 #
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,
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 #
Proposal for a directive Article 15 – paragraph 5 5. In judicial proceedings relating to a detriment suffered by the reporting person,
Amendment 193 #
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 of proceedings.
Amendment 194 #
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
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
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 #
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 #
Proposal for a directive Article 19 Member States
Amendment 202 #
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 205 #
Proposal for a directive Annex I – part I – subpart J a (new) 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 (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
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 Amendment 29 #
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
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
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
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-
Amendment 34 #
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-
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)
Amendment 38 #
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 #
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
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.
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
Amendment 52 #
Proposal for a directive Recital 47 (47) Persons who are considering reporting breaches of Union law should be
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
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) 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)
Amendment 60 #
Proposal for a directive Recital 62 Amendment 61 #
Proposal for a directive Recital 63 Amendment 62 #
Proposal for a directive Recital 64 (64) Persons making a public disclosure directly should also qualify for protection
Amendment 63 #
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 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.
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 (82) The material scope of this Directive is based on
Amendment 68 #
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 69 #
Proposal for a directive Article 1 – paragraph 1 – introductory part 1. With a view to enhancing the enforcement of Union law and policies
Amendment 70 #
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 Amendment 72 #
Proposal for a directive Article 1 – paragraph 1 – point a – introductory part (a) breaches falling within the scope of the Union acts
Amendment 73 #
Proposal for a directive Article 1 – paragraph 1 – point a – introductory part (a) breaches falling within the scope of
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 #
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 Amendment 79 #
Proposal for a directive Article 1 – paragraph 1 – point c Amendment 80 #
Proposal for a directive Article 1 – paragraph 1 – point d Amendment 81 #
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 #
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
Amendment 86 #
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
Amendment 87 #
Proposal for a directive Article 2 – paragraph 1 – point d a (new) (da) any person facilitating the report on possible breaches;
Amendment 88 #
Proposal for a directive Article 2 – paragraph 1 – point d b (new) (db) family members of the reporting person;
Amendment 89 #
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
Amendment 92 #
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
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
Amendment 97 #
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 #
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 (12) ‘retaliation’ means any threatened or actual act or omission prompted by
source: 625.555
2018/09/06
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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.
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 (84) The objective of this Directive, namely to strengthen enforcement in certain policy areas and acts where breaches of Union law can cause
Amendment 103 #
Proposal for a directive Article 1 – paragraph 1 – introductory part 1.
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
Amendment 105 #
Proposal for a directive Article 1 – paragraph 1 – point a – introductory part a) breaches falling within the scope of the Union acts
Amendment 106 #
Proposal for a directive Article 1 – paragraph 1 – point a – point ii (ii) financial services, prevention of tax evasion, tax avoidance, money
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 (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 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 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 119 #
Proposal for a directive Article 2 – paragraph 1 – introductory part 1. This Directive shall apply to reporting persons
Amendment 120 #
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 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 negotiation and to work-based relationships that have terminated.
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
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
Amendment 127 #
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
Amendment 128 #
Proposal for a directive Article 3 – paragraph 1 – point 8 (8) ‘disclosure’ means making information on breaches
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
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
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
Amendment 133 #
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
Amendment 134 #
Proposal for a directive Article 4 – paragraph 2 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 #
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
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
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
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 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. These persons may, in particular, be workers' representatives.
Amendment 147 #
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 including trade union representatives.
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
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
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 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, including competent authorities in other Member States.
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
Amendment 168 #
Proposal for a directive Article 9 – paragraph 1 – point b b) a reasonable timeframe, not exceeding t
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 #
Proposal for a directive Article 13 – paragraph 1 |