Greater flexibility in the reporting mechanism, expanded scope of application and enhanced protection for whistleblowers- these are the main amendments to the draft directive on whistleblowers suggested by Virginie Rozière (S&D, France), the European Parliament rapporteur on the proposal on whistleblowers, judging by the amendments contained in the draft report and examined by EUROPE on Thursday 28 June.
On the question of the directive's scope, the MEP is seeking to guarantee legal security that is as broad as possible and is suggesting that the directive covers “any wrongdoing” ('acte répréhensible' in French) in addition to the legislative acts targeted and drawn up by the Commission (see EUROPE 12004). Ms Rozière considers that this approach will help to ensure the protection of the general interest is taken in to better account. She is also proposing to introduce respect for human rights and fundamental freedoms into the directive's scope.
In the article on the scope of the directive covering personnel, the rapporteur proposes that it covers European officials and contractual agents so that they are given the same protection as other workers.
On the other hand, in the legal basis of the draft directive, the draft report does not mention article 153 of the Treaty on the protection of workers. The unions criticised this absence in the Commission's proposal.
Greater flexibility in reporting mechanism
In its initial proposal, the Commission advocated a rather rigid three stage reporting mechanism: an initial internal report to the organisation for which the possible whistleblower is engaged, a second report to an external organisation and lastly, an alert directed towards the media and public.
Ms Rozière is suggesting that this hierarchy is scrapped and the specifications to follow by the informant included in article 5 (§2) are removed.
A reduced deadline stipulated by the European Commission for keeping the whistleblower informed about the follow-up of their alert is also suggested. In article 5 on “internal” reporting, the rapporteur reduces the maximum deadline from 3 months to 1 month. In article 9 on “external” reporting, the MEP suggests reducing the period from 3-6 months stipulated by the Commission to a period ranging from 2-4 months.
The MEP also strengthens the role played by the unions and reinforces the confidentiality principle.
Promoting the “appropriateness” of information
Ms Rozière is also proposing to refocus the directive on the appropriateness of the information disclosed rather than the motives of the whistleblower.
Therefore, an informant would benefit from the protection of the directive on the one hand, if they have reasonable notice for believing that the information disclosed is truthful and if this information is covered by the directive's scope.
Many other amendments are introduced, which include the following: - expanding the prohibition of reprisals against whistleblowers; - improving the wording in an effort to reverse the burden of proof (it will be incumbent on the undertaking targeted in a report to prove that the allegations are false); - the compulsory introduction of assistance to whistleblowers, particularly psychological support in addition to financial and legal aid; - the removal of sanctions called for by the Commission to discourage malevolent or abusive denunciations.
The report is expected to be presented officially on 10 July during the legal affairs committee (JURI) in Parliament. The amendments to the draft report will have to be submitted by 6 September at the latest. The JURI vote is planned for 10 October. (Original version in French by Pascal Hansens)