2016/2055(INI)

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Draft opinion
Paragraph 1

1. Maintains that whistle-blowers play an essential role in helping Member State and EU institutions and bodies to deter any breaches of the principle of integrity and misuse of power that might violate the rule of law at European and national levels, harm the economy, raise unemployment, restrict and distort fair competition and undermine the trust of citizens in democratic institutions and processes; in this regard, whistle-blowers greatly contribute to increase the democratic quality of and the trust in public institutions by making them directly accountable to citizens and more transparent;

Amendment 2 #

Draft opinion
Paragraph 1

1. Maintains that whistle-blowers play an essential role in helping Member State and EU institutions and bodies to ~~deter~~prevent and tackle any breaches of the principle of integrity and misuse of power that ~~might violate the rule of law at European and national levels, harm the economy and undermine the trust of citizens in democratic institutions and~~threaten or violate public health and safety, financial integrity, economy, human rights, the environment and the rule of

Amendment 3 #

Draft opinion
Paragraph 1

1. Maintains that whistle-blowers play an essential role in helping Member State and EU institutions and bodies to deter any breaches of the principle of integrity and misuse of power that might violate the rule of law at European ~~and~~, national, regional, and local levels, harm the economy and undermine the trust of citizens in democratic institutions and processes;

Amendment 4 #

Mercedes BRESSO, Ramón JÁUREGUI ATONDO

Draft opinion
Paragraph 1

Amendment 5 #

Draft opinion
Paragraph 1 a (new)

1a. Notes that the rights of both the whistle-blowers and the Public body or institution involved should enjoy the legal protection guaranteed by the European Charter of Fundamental Rights and the national legal provisions;

Amendment 6 #

Draft opinion
Paragraph 2

2. Recalls that Article 22(c) of the Staff Regulations requires EU institutions to introduce internal whistle-blowing rules providing protection for whistle-blowers, who report suspected abuses and for their rights and interests, and to provide for protection and prevention policies as well as for adequate remedies against ~~negative ac~~possible retaliation by the institution for which they work;

Amendment 7 #

Morten MESSERSCHMIDT

3. ~~Regrets that not all EU institution~~Observes that while the nine EU institutions and bodies concerned by the Ombudsman’s inquiry from 24th July 2014 - the European Parliament, the European Commission, the Council of the European Union, the Court of Justice of the European Union, the European Court of Auditors, the European External Action Service, the European Economic and Social Committee, the Committee of the Regions, and the European Data Protection Supervisor - have introduced whistleblowing framework, regrets that a large number of EU Agencies and bodies have not adopted ~~the rules~~equivalent rules that fully comply with the legal requirements of the new Staff Regulation;

Amendment 8 #

Draft opinion
Paragraph 3

3. Regrets that ~~not all~~of the nine EU institutions and bodies ~~have adopted the rule~~only the Commission and the Court of Auditors have so far adopted rules to protect whistle-blowers;

Amendment 9 #

Amendment 10 #

Draft opinion
Paragraph 3

3. Regrets that ~~not all EU institutions and bodie~~to date, only the Commission, the European Parliament, the Ombudsman and the Court of Auditors have adopted ~~the~~such rules;

Amendment 11 #

Draft opinion
Paragraph 3

3. Regrets that not all EU institutions and bodies have yet adopted the rules to protect whistle-blowers;

Amendment 13 #

Draft opinion
Paragraph 3 a (new)

3a. Points out the need for the Parliament to carry out a study in order to come forward with a concrete proposal for a mechanism to protect Accredited Parliamentary Assistants in case they become whistle-blowers, when there is enough and solid evidence of corruption or serious misconduct on the part of his or her MEP, as well as creating a safe method of communication with the relevant posts of the European Parliament, while bearing in mind the special nature of the work of an Assistant;

Amendment 14 #

Amendment 15 #

Draft opinion
Paragraph 3 a (new)

3a. Considers it necessary to foster an ethical culture helping to ensure that whistle-blowers will not suffer retaliation or face internal conflicts;

Amendment 16 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Draft opinion
Paragraph 4

4. Takes note that the Commission, in its EU Anti-Corruption report, stated that EU Member States have in place most of the necessary anti-corruption legal instruments and institutions, ~~the capacity and efficiency of which should be improved~~but that, however, the results they deliver are not satisfactory across the EU; anti- corruption rules are not always vigorously enforced, systemic problems are not tackled effectively enough, and the relevant institutions do not always have sufficient capacity to enforce the rules; appears to be missing;

Amendment 17 #

Draft opinion
Paragraph 4

4. Takes note that the Commission, in its EU Anti-Corruption report, stated that EU Member States have in place most of the necessary anti-corruption legal instruments and institutions, ~~the capacity and efficiency of which should be improved~~however, the results they deliver are not satisfactory across the EU and their capacity and efficiency should be improved; calls, therefore, on the Member States to enforce effective anti-corruption rules and, at the same time, to properly implement European and international standards and guidelines concerning whistle-blowers’ protection in their national laws;

Amendment 18 #

Draft opinion
Paragraph 4

4. Takes note that the Commission, in its EU Anti-Corruption report, stated that EU Member States have in place most of the necessary anti-corruption legal States to put in place concrete efforts to ensure the adequate capacity of these instruments and institutions and improve their efficiency;

Amendment 19 #

Barbara SPINELLI, Helmut SCHOLZ

Draft opinion
Paragraph 4

Amendment 20 #

Draft opinion
Paragraph 4 a (new)

4a. Calls on the Commission to take legislative action with the aim of improving transparency, by providing for a full access to documents, and fighting against corruption, including mafia- related type; regards it as essential to strengthen legislative provisions designed to guarantee greater transparency and audit to check that the funds have been properly used;

Amendment 21 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Draft opinion
Paragraph 4 a (new)

4a. Regrets that many Member States have still failed to put in place dedicated whistle-blower protection rules, particularly given the essential nature of whistle-blower protection in the prevention of and fight against corruption and the fact that whistle-blower protection is recommended under the UN Convention on Anti-Corruption in Article 33;

Amendment 22 #

Draft opinion
Paragraph 4 b (new)

4b. Points out that corruption, in particular in the context of the award of public contracts, makes it easier for organised crime to infiltrate the legal economy; calls, therefore on the Member States to take measures to curb the activities of professionals, banks, civil

Amendment 23 #

Draft opinion
Paragraph 5

5. Recalls that Commission Directive 2015/2392 sets out the procedures for reporting, record-keeping requirements, and protection measures for whistle- blowers; underlines the importance in guaranteeing that whistle-blowers can report infringements in a confidential way and that their anonymity is properly and fully safeguarded also in the digital environment;

Amendment 24 #

Barbara SPINELLI, Kostas CHRYSOGONOS, Helmut SCHOLZ

Draft opinion
Paragraph 5

5. Recalls that Commission Directive 5. 2015/2392 sets out the procedures for reporting, record-keeping requirements, and protection measures for whistle- blowers, but regrets that this is one of the few pieces of sectorial legislation that includes provisions for whistle-blowers;

Amendment 25 #

Draft opinion
Paragraph 6

6. Calls on the Commission to set up a~~n EU legal framework on the protection of whistle-blowers without undermining Member State competence~~ common legislation to protect whistle- blowers, witnesses and persons who cooperate with the judicial process that includes the establishment of a specific fund aimed at giving protection to the person lodging the complaint, in order to support legal fees, medical bills, psycho- social counselling as a resettlement programme, taking into account that whistleblowing and filling of complaints generally cause the loss of job or deeply worsen the working conditions;

Amendment 26 #

Draft opinion
Paragraph 6

6. Calls on the Commission to set up an EU legal framework on the protection of whistle-blowers ~~without undermining Member State competences~~, taking into account the best practices developed in other countries, in order to ensure economic, legal and social protection, and to specifically provide for adequate remedies against negative action taken by the institution for which they work;

Amendment 27 #

Draft opinion
Paragraph 6

6. Reiterates its Calls on the Commission to ~~set up~~propose an EU legalislative framework onfor the effective protection of whistle-blowers ~~without undermining Member State competences~~and the like taking into account the assessment of the rules at national level in order to provide for minimum rules for whistle-blower protection;

Amendment 28 #

Mercedes BRESSO, Ramón JÁUREGUI ATONDO

Draft opinion
Paragraph 6

6. Calls on the Commission to set up an EU legal framework ~~on the protection of whistle-blowers without~~putting forward common basic standard procedures to protect whistle-blowers without infringing the subsidiarity principle or undermining Member State competences;

Amendment 29 #

Amendment 30 #

Draft opinion
Paragraph 6

6. Calls on the Commission to set up an EU legal framework on the protection of whistle-blowers ~~without undermining~~in order to improve their protection in the Member -State ~~competence~~s;

Amendment 31 #

Draft opinion
Paragraph 6

6. Calls on the Commission to set up an EU legal framework on the protection of whistle-blowers ~~without undermining Member State competences~~;

Amendment 32 #

Amendment 33 #

Draft opinion
Paragraph 6 a (new)

6a. Calls on the Member States to refrain from criminalising the actions of whistle-blowers when they disclose information about illegal activities or irregularities against the EU’s financial interests;

Amendment 34 #

Draft opinion
Paragraph 7

~~7. Regrets the Commission’s decision to withdraw a chapter on the EU institutions from the report on corruption in the Member States;~~deleted

Amendment 35 #

Draft opinion
Paragraph 7

7. Regrets the Commission’s decision to withdraw a chapter on the EU institutions from the report on corruption in the Member States and therefore calls on the Commission to reintroduce such important chapter;

Amendment 36 #

Morten MESSERSCHMIDT

Draft opinion
Paragraph 8

8. Calls on the Commission to address the Ombudsman’s ~~request and to encourage all EU institutions and bodies to adopt internal rules on~~own initiative inquiry opened on the 24th of July 2014 in order to comply with article 22 c of the new Staff regulation, by recommending all the EU bodies to adopt ethical alert mechanisms and whistle-blowing. legal

Amendment 37 #

Draft opinion
Paragraph 8

8. Calls on ~~the Commiss~~all EU institutions to address the Ombudsman’s request ~~and to encourage~~for all EU institutions and bodies to adopt internal rules on whistle-blowing.; reiterates the Parliament’s determination to do so;

Amendment 38 #

Draft opinion
Paragraph 8 a (new)

8a. Calls on the Commission and Member States to develop and put in place specific policies and programmes to raise awareness on the social importance of whistle-blowers in ensuring the respect of the principle of integrity, detecting violations of fundamental rights and the rule of law as well as avoiding the misuse of power within our societies;

Amendment 39 #

Amendment 40 #

Draft opinion
Paragraph 8 a (new)

8a. Calls for accessible secure direct channels to be set up for information about possible irregularities affecting the EU’s financial interests, while also ensuring confidentiality where such information and whistle-blowers are concerned;

source: PE-592.079

2016/10/18 CONT 93 amendments...

Amendment 1 #

Motion for a resolution
Heading 1

on the role of whistle-blowers in the protection of EU’s ~~financial~~public interests

Amendment 2 #

Motion for a resolution
Citation 1 a (new)

- whereas the protection of EU public interests covers abuse of power, infringement of regulations, directives, and other EU provisions, and other actions posing a direct threat to the EU public interest,

Amendment 3 #

Motion for a resolution
Citation 7 a (new)

- having regard to Council of Europe recommendation CM/Rec(2014)7 on the Protection of Whistleblowers,

Amendment 4 #

Dennis de JONG

Motion for a resolution
Citation 9 a (new)

- having regard to the inquiry of the European Ombudsman of 2 March 2015 and its call on EU Institutions to adopt the required rules on whistleblowing;

Amendment 5 #

Jens GEIER

Motion for a resolution
Citation 9 a (new)

- having regard to the Recommendation CM/Rec (2014)7 of the Council of Europe Committee of Ministers,

Amendment 6 #

Motion for a resolution
Citation 9 a (new)

- having regard to the OECD publication on "Committing to effective whistle-blower protection",

Amendment 7 #

Jens GEIER

Motion for a resolution
Citation 9 b (new)

- having regard to the decision of the European Court of Human Rights in the case Guja v. Moldova, Application No. 14277/04 of 12 February 2008,

Amendment 8 #

Motion for a resolution
Citation 11 a (new)

- having regard to Article 6 of the Charter of Fundamental Rights of the European Union

Amendment 9 #

Motion for a resolution
Recital A

A. whereas in the context of the A. discharge procedure, Parliament needs as much information as possible relating to any such irregularities; whereas in cases concerning irregularities internal to the institutions, Parliament should be entitled

Amendment 10 #

Motion for a resolution
Recital A

A. whereas in the context of the discharge procedure, Parliament needs as much information as possible relating to ~~any such~~ irregularities brought to light;

Amendment 11 #

Motion for a resolution
Recital F

F. whereas whistle-blowers therefore play an important role in detecting and reporting irregularities in respect of the expenditures or fraud relating to the EU budget, the notification of which helps stem not only tax offences such as tax evasion and avoidance, but also corruption and other crime-related activities;

Amendment 12 #

Amendment 13 #

Motion for a resolution
Recital F

F. whereas whistle-blowers therefore play an important role in detecting and reporting irregularities in respect of the expenditures relating to the EU budget, and whereas we therefore need to establish and promote a culture of security surrounding the European public good that means that EU officials and other staff, as well as the general public, feel engaged in sound management, and which shows that the EU institutions support, protect and encourage potential whistle-blowers; whereas it is vital for a horizontal legal framework to be established as a matter of urgency, which, by laying down rights and obligations, protects whistle-blowers throughout the EU, as well as in the EU institutions (protection of anonymity, legal, psychological and, where necessary, financial assistance, access to various information channels, rapid response schemes, etc.);

Amendment 14 #

Amendment 15 #

Zigmantas BALČYTIS

Motion for a resolution
Recital F

F. whereas whistle-blowers therefore play an important role in detecting and reporting irregularities in respect of the expenditures relating to the EU budget, as well as in identifying and publicising cases of corruption;

Amendment 16 #

Zigmantas BALČYTIS

Motion for a resolution
Recital F a (new)

G a. whereas the activity of whistle- blowers, based on the principles of transparency and integrity, is essential for whistleblowing, so their protection should be guaranteed by law and reinforced throughout the European Union but only if the purpose of their action is to protect the public interest by acting in good faith according to the jurisprudence of the European Court of Human Rights;

Amendment 18 #

Motion for a resolution
Recital G b (new)

G b. whereas the authorities should not limit or reduce the ability of whistle- blowers and journalists to document and disclose illegal, unlawful or harmful practices, when revealing this information in good faith and the public interest is a priority;

Amendment 19 #

Amendment 20 #

Motion for a resolution
Recital H

H. whereas all the EU institutions have been obliged since 1 January 2014 to introduce internal rules protecting whistle- blowers who are officials of the EU institutions, in accordance with Articles 22a, 22b and 22c of the Staff Regulations, even though not all institutions have yet done so and the working group of the interinstitutional Preparatory Committee for Matters relating to the Staff Regulations, dealing with the protection of whistle-blowers, has not yet finished its work; whereas those internal rules must take account of the management structure and of the specific characteristics of the various categories under the Staff Regulations;

Amendment 22 #

Motion for a resolution
Recital H a (new)

Ha. Welcomes the decision taken by the European Ombudsman in 2014 to launch an own-initiative investigation, addressed to the EU institutions, into the protection of whistle-blowers, and welcomes the extremely positive outcomes that has had; calls for the institutions and other bodies of the EU that have yet to do so to apply, without delay, the guidelines that were drawn up upon conclusion of the investigation;

Amendment 23 #

Motion for a resolution
Recital H a (new)

Ha. whereas that delay is the reason behind a discriminatory situation in which a vulnerable minority of potential whistle-blowers has been created who are liable to be mistreated within the institutions themselves;

Amendment 24 #

Zigmantas BALČYTIS

Motion for a resolution
Recital H a (new)

H a. Notes that only a few EU Member States have introduced sufficiently advanced whistle-blower protection systems;

Amendment 25 #

Jens GEIER

Motion for a resolution
Recital I

I. whereas ~~the~~ protection of whistle- blowers at Member State level has n~~ot been harmonised, which means that eve~~either been implemented in all Member States, whistle-blowers to provide Parliament with information on irregularities;

Amendment 26 #

Motion for a resolution
Recital I

I. whereas the protection of whistle- blowers ~~at Member State level has not been harmonised~~exists only in some Member States , which means that even when the financial interests of the European Union are at stake, it may be risky for whistle- blowers to provide Parliament with information on irregularities;

Amendment 27 #

Motion for a resolution
Recital I

I. whereas the protection of whistle- blowers at Member State level has not been harmonised, which means that even when the financial interests of the European Union are at stake, it may be risky for whistle-blowers to provide Parliament with information on irregularities;, and whereas it is precisely because people are afraid of what might happen to them owing to the lack of protection, and because they

Amendment 28 #

Motion for a resolution
Recital I a (new)

I a. whereas there is a need to ensure that any kind of retaliation against whistle-blowers will be suitably punished;

Amendment 29 #

Motion for a resolution
Recital J

~~K. whereas~~Deplores the fact that the Commission has so far K. failed to submit any legislative proposals aimed at the establishment of a European whistle- blower protection programme;

Amendment 31 #

Motion for a resolution
Recital K

K. whereas the Commission has so far failed to submit any legislative proposals aimed at ~~the~~ establish~~ment of a~~ing a mininum level of proection for European whistle-blower ~~protection programme~~s;

Amendment 32 #

Motion for a resolution
Recital K a (new)

K a. whereas, the Union legislator has already provided for the protection of whistleblowers in sectorial instruments including Directive 2013/30/EU on safety of offshore oil and gas operations, Regulation (EU) No 596/2014 on market abuse, Directive (EU) 2015/849 on money laundering and terrorist financing and

Amendment 33 #

Motion for a resolution
Recital M a (new)

M a. whereas according to OECD more than 1/3 of organisations with a reporting mechanism did not have or did not know of, a written policy on protecting those who report from reprisals;

Amendment 34 #

Motion for a resolution
Recital N

N. whereas non-governmental organisations such as Transparency International, Whistleblowing International Network, etc., have similarly developed international principles for whistle-blower legislation which should serve as a source of inspiration for EU initiatives in this regard;

Amendment 35 #

Amendment 36 #

Motion for a resolution
Recital N a (new)

Na. whereas whistle-blower protection is a fairly new legal field and whereas most of the laws, provisions, and rules have been have been adopted within the last 20 years, and the best solution for protecting whistle-blowers is still being sought;

Amendment 37 #

Caterina CHINNICI, Inés AYALA SENDER

Motion for a resolution
Recital N a (new)

N a. whereas whistle-blowing is a fundamental source of information in the fight against organised crime and in the investigation of corruption in the public sector;

Amendment 39 #

Motion for a resolution
Recital N b (new)

N b. whereas the protection of whistle- blowers is essential to safeguarding the public good and the financial interests of the Union and to promoting a culture of public accountability and integrity in both public and private institutions;

Amendment 40 #

Caterina CHINNICI, Inés AYALA SENDER

Motion for a resolution
Recital N c (new)

N c. whereas in many jurisdictions, and particularly in the private sector, employees are subject to duties of confidentiality with respect to certain information, which means that whistle-

Amendment 41 #

Motion for a resolution
Paragraph 1

1. ~~Reiterates its call on~~Urges the Commission to immediately submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme and, in particular, calls on the Commission to submit a legislative proposal before the end of this year protecting whistle-blowers as part of the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Union, with a view to affording effective and equivalent protection in the Member States and in all the Union’s institutions, bodies, offices and agencies;

Amendment 42 #

Motion for a resolution
Paragraph 1

1. Reiterates its call on the Commission to swiftly submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme a~~nd, in particular, calls~~s part onf the ~~Commission to submit a legislative proposal before the end of this Union, with a view to affording effective and equivalent protection in the Member States and in all the Union’s institutions,~~necessary measures in the fields of the prevention of and fight against fraud bodies, offices and agencies;

Amendment 43 #

Motion for a resolution
Paragraph 1

1. Reiterates its call on the Commission to submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection ~~programme~~ and, in particular, calls on the Commission to submit a legislative proposal before the end of this year protecting whistle-blowers as part of the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Union, with a view to affording effective and equivalent protection in the Member States and in all the Union’s institutions, bodies, offices and agencies;

Amendment 44 #

Motion for a resolution
Paragraph 1

1. Reiterates its call on the and non-profit organisations and, in particular, calls on the Commission to submit a legislative proposal before the end of this year protecting whistle-blowers as part of the necessary measures in the fields of the prevention of and fight against fraud affecting the financial interests of the Union, with a view to affording effective and equivalent protection in the Member States and in all the Union’s institutions, bodies, offices and agencies;

Amendment 45 #

Motion for a resolution
Paragraph 1

1. Reiterates its call on the Commission to submit a legislative proposal establishing an effective and comprehensive European whistle-blower protection programme and, in particular, calls on the Commission to submit a legislative proposal before the end of this year protecting whistle-blowers as part of the necessary measures in the fields of the prevention of and fight against fraud affecting the financial and other public interests of the Union, with a view to affording effective and equivalent protection in the Member States and in all the Union’s institutions, bodies, offices and agencies;

Amendment 46 #

Amendment 47 #

Motion for a resolution
Paragraph -1 (new)

-1. calls on EU Member States which have not yet adopted the principles to protect whistleblowers in their domestic law, to do so as soon as possible;

Amendment 48 #

Motion for a resolution
Paragraph 1 a (new)

external investigation can be held and penalties considered for every form of retaliation against whistle-blowers;

Amendment 49 #

Motion for a resolution
Paragraph 2

2. Emphasises that whistle-blowing relating to the financial and other public interests of the Union is the ~~disclosure or reporting of~~reporting of wrongdoing that has been uncovered to persons or organisations that might be affected by such wrongdoing, including, but not limited to, corruption, fraud, conflicts of interest ~~and~~, acts to cover up any of these, and other actions posing a direct threat to the EU public interest;

Amendment 50 #

Motion for a resolution
Paragraph 2

2. Emphasises that whistle-blowing relating to the financial interests of the Union is the disclosure or reporting of wrongdoing, including, but not limited to, corruption, fraud, conflicts of interest, money laundering, infiltration by organised crime and acts to cover up any ~~of these;~~

Amendment 51 #

Motion for a resolution
Paragraph 2

2. Emphasises that whistle-blowing relating to the financial interests of the Union is the disclosure or reporting of wrongdoing, including, but not limited to, corruption, fraud, tax evasion and tax avoidance, money laundering, conflicts of interest and acts to cover up any of these;

Amendment 52 #

Motion for a resolution
Paragraph 2 a (new)

2 a. Reiterates that a whistle-blower is required to inform about irregularities, which are contrary to the purpose of an organization, which may affect other employees, or institutions, or would be otherwise detrimental to the public interest;

Amendment 53 #

Amendment 54 #

Motion for a resolution
Paragraph 2 b (new)

2 b. Reiterates that whistle-blowers often have better access to sensitive information than outsiders, and thus may be more likely exposed to greater consequences related to their professional career, or risk their personal safety protected by Article 6 of the Charter of Fundamental Rights of the EU;

Amendment 55 #

Cătălin Sorin IVAN

Motion for a resolution
Paragraph 3

3. Stresses that the definition of whistle-blowing includes the protection of those who disclose information with a reasonable belief and evidence that the information is true at the time it is disclosed, including those who make inaccurate disclosures in honest error;

Amendment 57 #

Motion for a resolution
Paragraph 3

3. Stresses that the definition of whistle-blowing includes the protection of those who disclose information with a reasonable belief that the information is true at the time it is disclosed, including those who make inaccurate disclosures in honest error; and the definition of irregularities should take into account cultural and institutional differences;

Amendment 58 #

Motion for a resolution
Paragraph 3 a (new)

journalists as it does to whistleblowers,

Amendment 59 #