22 Amendments of Jill EVANS related to 2018/0106(COD)
Amendment 206 #
Proposal for a directive
Article 3 – paragraph 1 – point 14 a (new)
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 216 #
Proposal for a directive
Article 5 – paragraph 1 – point a
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 221 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) the designation of a person or, department or a trade union representative competent for following up on the reports;
Amendment 224 #
Proposal for a directive
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) a reasonable timeframe, not exceeding three month60 days following the report, to provide feedback to the reporting person about the follow-up to the report;
Amendment 225 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a
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, including options for anonymous disclosures, as well as disclosures employing cryptographic methods;
Amendment 227 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a a (new)
Article 5 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) oral report through telephone lines, whether recorded or unrecorded;
Amendment 232 #
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) establish independent and autonomous external reporting channels, which are both secure and, ensure confidentiality and allow for anonymous disclosures, for receiving and handlprocessing information provided by the reporting person;
Amendment 238 #
Proposal for a directive
Article 6 – paragraph 2 – point b
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 three months or six month60 days or 120 days in duly justified cases;
Amendment 239 #
Proposal for a directive
Article 6 – paragraph 2 – point c
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 241 #
Proposal for a directive
Article 6 – paragraph 3
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 final outcome of the investigations.
Amendment 246 #
Proposal for a directive
Article 7 – paragraph 2 – point a
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 255 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
(b) a reasonable timeframe, not exceeding three months or six month60 days or 120 days in duly justified cases, for giving feed-backupdates to the reporting person about the follow-up of the report andon the actual and forthcoming status of the report as well as a description of the typeform and content of this feed-back;
Amendment 259 #
Proposal for a directive
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) the confidentiality regimemeasures applicable to reports, including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed.
Amendment 260 #
Proposal for a directive
Article 9 – paragraph 2
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 not be ensurbe breached, including where the disclosure of data is a necessary and proportionate obligation required under Union or national law in the context of investigations or subsequent judicial proceedings or to safeguard the freedoms of others including the right tof defence of the concerned person, and in each case subject to appropriate safeguards under such laws.
Amendment 272 #
Proposal for a directive
Article 13 – paragraph 1
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 274 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 279 #
Proposal for a directive
Article 13 – paragraph 3
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 externally in accordance with the conditions set out in paragraph 2.1;
Amendment 281 #
Proposal for a directive
Article 13 – paragraph 4 – introductory part
Article 13 – paragraph 4 – introductory part
4. A person making a publicly disclosing informationure on breaches falling within the scope of this Directive shall qualify for protection under this Directive where any of the following are met:
Amendment 282 #
Proposal for a directive
Article 13 – paragraph 4 – point a
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 21 of this Article, but no appropriate action was taken in response to the report within the timeframe referred to in Articles 6(2)(b) and 9(1)(b); or
Amendment 283 #
Proposal for a directive
Article 13 – paragraph 4 – point b
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 299 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 306 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2