30 Amendments of Curzio MALTESE related to 2018/0106(COD)
Amendment 107 #
Proposal for a directive
Recital 2 a (new)
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 182 #
Proposal for a directive
Recital 82
Recital 82
(82) The material scope of this Directive is based on the identification of areas where the introduction of whistleblower protection appears justified and necessary on the basis of currently available evidence. Such material scope may be extended to further areas or Union acts, if this proves necessary as a means of strengthening their enforcement in the light of evidence that may come to the fore in the future or on the basis of the evaluation of the way in which this Directive has operatedUnion law as a whole.
Amendment 186 #
Proposal for a directive
Article 1 – paragraph 1 – point a – introductory part
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)
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
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 196 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘breaches’ means actual or potential unlawful activities or abuse of law relating to the Union aor other forms of misconducts and areas falling within the scope referred to in Article 1 and in the Annexwrongdoing that may cause harm to the public interest or the general interest of the Union, or which run contrary to the objectives of Union law;
Amendment 213 #
Proposal for a directive
Article 4 – paragraph 6 – point c
Article 4 – paragraph 6 – point c
(c) municipalities with more than 10 5000 inhabitants;
Amendment 280 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
Amendment 286 #
Proposal for a directive
Article 14 – paragraph 1 – introductory part
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 meetthreatened, attempted or implemented action that could underminge the conditions set out in Article 13, including in particular in the form ofexercise of rights protected by the present Directive. This includes, but is not limited to retaliation measures such as:
Amendment 307 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 317 #
Proposal for a directive
Annex I – part I – subpart A – point 1 – introductory part
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
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
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
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
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
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
Annex I – part I – subpart D – point 2
2. Safety requirements in the civil aviation sector as regulated in particular by Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, p. 35).
Amendment 324 #
Proposal for a directive
Annex I – part I – subpart D – point 3 – introductory part
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
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
Annex I – part I – subpart E – point i
(i) Any criminal offence against the protection of the environment as regulated for example by Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28) or any unlawful conduct infringing the legislation set out in the Annexes of the Directive 2008/99/EC;
Amendment 327 #
Proposal for a directive
Annex I – part I – subpart F – paragraph 1 – introductory part
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
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
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
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
Annex I – part I – subpart H – point 1 – introductory part
1. Measures setting high standards of quality and safety of organs and substances of human origin, as regulated for example by:
Amendment 332 #
Proposal for a directive
Annex I – part I – subpart H – point 2 – introductory part
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
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
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
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
Annex I – part I – subpart I – paragraph 1 – introductory part
Consumer rights and consumer protection as regulated for example by: