On Monday 4 September, the MEPs of the economic and monetary affairs (ECON) committee adopted an ambitious opinion in favour of protecting whistleblowers by a very large majority (36 votes in favour with three abstentions).
“This is an extremely positive report, because there was not a single vote against”, MEP and rapporteur Molly Scott Cato (Greens/EFA, UK) told EUROPE. All compromise amendments were, for instance, adopted. She welcomed the fact that the MEPs want to protect individuals blowing the whistle not just on illegal activities, but also on 'wrongdoing' - a term that attracted much media attention during the adoption of the 'business secrecy' directive (see EUROPE 11558).
The MEPs are also calling for a fairly broad definition in order to avoid any restrictive interpretation. Similarly, they support the principle of anonymity for whistleblowers rather than the concept of confidentiality, which gives them less protection.
Another important point, Scott Cato told us, is the fact that the MEPs took position in favour of the principle of not requiring internal notification first and going public later. In other words, the proposal is that whistleblowers will be able to go straight to external or public notification.
In its final version, the text also calls upon the Commission to make sure that whistleblowers have access to the services of an independent legal adviser, as well as financial and psychological support. Finally, the burden of proof will lie with the organisation bringing proceedings against whistleblowers, rather than vice versa.
Although the text was voted through without a hitch, there was no shortage of political discussion, for instance on the burden of proof, which will lie with the company taking action against the whistleblower - a line in the sand for the EPP and ECR members, who voted against this proposal and mostly abstained in the final vote.
The opinion therefore seems to work in favour of Virginie Rozière (S&D, France), rapporteur on the text in the 'legal affairs' (JURI) committee, who will have to get it adopted at lightning speed before the European Commission presents its initiative before the end of the year (see EUROPE 11828). The timetable will be very tight. The JURI committee vote is scheduled for 28 September and the text will be put to Parliament's plenary at the second October session. (Original version in French by Pascal Hansens)