### an application from an entity to become a european solidarity corps participating organisation shall be assessed by the competent implementing body of the european solidarity corps on the basis of the principles of equal treatment ; equal opportunities and non - discrimination ; avoidance of job substitution ; provision of high quality activities with learning dimension focusing on personal , socio - educational and professional development ; adequate training , working and volunteering arrangements ; safe and decent environment and conditions ; and the ‘ no - profit principle’ in compliance with the financial regulation . the above principles ascertain whether its activities meet the requirements of the european solidarity corps . ### an application from an entity to become a european solidarity corps participating organisation shall be assessed by the competent implementing body of the european solidarity corps on the basis of the principles of equal treatment ; equal opportunities and non - discrimination ; avoidance of job substitution ; provision of high quality , easily accessible , inclusive and adequately funded activities with clear added value for identified community needs , a learning dimension focusing on personal , socio - educational development ; adequate training , and volunteering arrangements ; safe and decent social and environment conditions ; and the ‘ non - profit principle’ in compliance with the financial regulation . the above principles ascertain whether its activities meet the requirements of the european solidarity corps .


### ' solidarity activity ' means a high - quality temporary activity contributing to the achievement of the objectives of the european solidarity corps , which may take the form of volunteering , traineeships , jobs , solidarity projects and networking activities in various fields , including those referred to in paragraph 13 , ensuring the european added value and compliance with health and safety regulations ; ### ' solidarity activity ' means an easily accessible and inclusive high - quality temporary activity of general interest within the structures of a non - profit participating organisation aimed at addressing societal needs to the benefit of a community while also fostering the individual ' s personal , educational , social , civic and professional development , projects or networking activities , developed in relation to different areas ; the solidarity activity contributes to the achievement of the objectives of the european solidarity corps ; the solidarity activity take the form of volunteering , traineeships , solidarity projects and networking activities in various fields , including those referred to in paragraph 13 and the activities in line with the international human rights standards and eu policy , such as the commitment to end the institutionalisation of children and persons with disabilities and the reception and integration of third - country nationals , in particular migrants and asylum seekers ; the solidarity activity is characterised by fixed period , clear objectives , contents , tasks , structure and framework ; appropriate financial support , and legal and social protection shall be provided in order to ensure the european added value and compliance with health and safety and social standards ;


### the european solidarity corps provides a single entry point for solidarity activities throughout the union and beyond . consistency and complementarity should be ensured with other relevant union policies and programmes . the european solidarity corps is built on the strengths and synergies of predecessor and existing programmes , notably the european voluntary service19 and the eu aid volunteers20 . it also complements the efforts made by member states to support young people and ease their school - to - work transition under the youth guarantee by providing them with additional opportunities to make a start on the labour market in the form of traineeships or jobs in solidarity - related areas within their respective member state or across borders . complementarity with existing union level networks pertinent to the activities under the european solidarity corps , such as the european network of public employment services , eures and the eurodesk network , are also ensured . furthermore , complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , and the european solidarity corps should be ensured , building on good practices where appropriate . _________________ 19 regulation no 1288 / 2013 of the european parliament and of the council of 11 december 2013 establishing ‘ erasmus + ’ : the union programme for education , training , youth and sport and repealing decisions no 1719 / 2006 / ec , no 1720 / 2006 / ec and no 1298 / 2008 / ec . 20 regulation no 375 / 2014 of the european parliament and of the council of 3 april 2014 establishing the european voluntary humanitarian aid corps . ### the european solidarity corps provides a valuable opportunity for solidarity activities throughout the union and beyond . consistency and complementarity should be ensured with other relevant union policies and programmes . complementarity between existing related schemes , in particular national solidarity schemes and mobility schemes for young people , as well as other opportunities offered by civil society , and the european solidarity corps should be ensured , building on good practices .


### young people should be provided with easily accessible opportunities to engage in solidarity activities , which could enable them to express their commitment to the benefit of communities while acquiring useful experience , skills and competences for their personal , educational , social , civic and professional development , thereby improving their employability . those activities should also support the mobility of young volunteers , trainees and workers . ### young people should be provided with easily accessible and inclusive opportunities to engage in solidarity activities , which will enable them to express their commitment to the benefit of communities while acquiring useful experience , skills and competences for their personal , educational , social and civic development . such activities should also support the mobility of young volunteers and trainees .


### ‘ traineeship’ means a solidarity activity for a period from two to six months , renewable once and for a maximum duration of 12 months , that is offered and paid by the participating organisation hosting the european solidarity corps participant ; ### ‘ traineeship’ means a period from two to six months , preceding the solidarity activity , renewable once and for a maximum duration of 12 months , that is offered and paid by the participating organisation hosting the european solidarity corps participant ; this activity is characterised by a fixed period and clear objectives , contents , tasks , structure and framework , appropriate financial support , legal and social protection and shall not be used to substitute or replace paid employment ;


### their approach to involve young people from different backgrounds ; ### their inclusive approach to involve young people from different and disadvantaged backgrounds , including those facing barriers to fully participate in the programme ;


### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market . ### the objective of this directive is to prevent and significantly reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy through a reduction in production and consumption of single use plastics , with sustainable business models , non - toxic products and materials .


### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy with innovative business models , products and materials , thus also contributing to the efficient functioning of the internal market . ### the objective of this directive is to prevent and reduce the impact of certain plastic products on the environment , in particular the aquatic environment , and on human health as well as to promote the transition to a circular economy .


### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and promote efforts towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . _________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labeling . ### for certain single - use plastic products , suitable and more sustainable alternatives are not yet readily available and the consumption of most such single - use plastic products is expected to increase . to reverse that trend and move towards more sustainable solutions member states should be required to take the necessary measures to achieve a significant reduction in the consumption of those products , without compromising food hygiene or food safety , good hygiene practices , good manufacturing practices , consumer information , or traceability requirements set out in union food legislation44 . reduction in overall consumption of single use products is crucial in transitioning to a circular economy . _________________ 44 regulation 178 / 2002 laying down the general principles and requirements of food law , regulation no 852 / 2004 on the hygiene of foodstuffs , regulation no 1935 / 2004 on materials intended to come into contact and other relevant legislation related to food safety , hygiene and labeling .


### pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201648 , the commission should carry out an evaluation of this directive . that evaluation should be based on experience gathered and data collected during the implementation of this directive and data collected under directive 2008 / 56 / ec or directive 2008 / 98 / ec . the evaluation should provide the basis for an assessment of possible further measures and an assessment whether , in view of monitoring of marine litter in the union , the annex listing single - use plastic products needs to be reviewed . the evaluation should also consider whether scientific and technical progress that has taken place in the meantime , including the development of biodegradable materials and the development of criteria or a standard for biodegradability of plastics in the marine environment , as foreseen in the european plastics strategy , allows the setting of a standard for biodegradation of certain single - use plastic products in the marine environment . that standard would include a standard to test if , as a result of physical and biological decomposition in the marine environment , plastics would fully decompose into carbon dioxide , biomass and water within a timescale short enough for the plastics not to be harmful for marine life and not lead to an accumulation of plastics in the environment . if that is the case , single - use plastic products that meet such a standard could be exempted from the prohibition on placing on the market . while the european strategy for plastics already envisages action in this area , it also recognises the challenges in relation to determining a regulatory framework for plastics with biodegradable properties due to different marine conditions across seas . _________________ 48 oj l 123 , 12 . 5 . 2016 , p . 1 . ### pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201648 , the commission should carry out an evaluation of this directive . that evaluation should be based on experience gathered and data collected during the implementation of this directive and data collected under directive 2008 / 56 / ec or directive 2008 / 98 / ec . the evaluation should provide the basis for an assessment of possible further measures and an assessment whether , in view of monitoring of marine litter in the union , the annex listing single - use plastic products needs to be reviewed in order to expand the list of single use plastic items . there should be no consideration of biodegradability in reviewing the annex . _________________ 48 oj l 123 , 12 . 5 . 2016 , p . 1 .


### with regard to single - use plastic products for which there are no readily available suitable and more sustainable alternatives , member states should , in line with the polluter pays principle , also introduce extended producer responsibility schemes to cover the costs of waste management and clean - up of litter as well as the costs of awareness - raising measures to prevent and reduce such litter . ### with regard to single - use plastic products for which there are no readily available suitable and more sustainable alternatives , member states should implement adapted regulations in order to reduce their use and encourage the production of substitutes .


### member states shall take the necessary measures to achieve a significant reduction in the consumption of the single - use plastic products listed in part a of the annex on their territory by … [ six years after the end - date for transposition of this directive ] . ### member states shall take the necessary measures to achieve a 50% reduction in the consumption of the single - use plastic products listed in part a of the annex on their territory by 2025 and an 80% reduction by 2030 . member states shall establish a baseline by [ 18 months after the end date for transposition of this directive ] . member states shall adopt plans for the achievement of these reductions , including the measures taken .


### by [ op : please insert the date calculated 5 years after the deadline for transposition of the directive ] , the commission shall submit a report to the european parliament and the council on the implementation and effects of this directive . the report shall include information on the use of vehicles hired in a member state other than the member state of establishment of the undertaking hiring the vehicle . on the basis of this report , the commission shall assess whether it is necessary to propose additional measures . ### by [ op : please insert the date calculated 2 years after the deadline for transposition of the directive ] , the commission shall submit a report to the european parliament and the council on the implementation and effects of this directive . the report shall include information on the use of vehicles hired in a member state other than the member state of establishment of the undertaking hiring the vehicle . it shall evaluate , with precise figures , the consequences the directive has had on the environment , on road safety and on member states’ tax revenues , and its social impact . particular importance should be given to assessing the social impact of the directive , in particular as regards employment , working conditions , the rate of infringements and irregularities and the impact on posted road workers . on the basis of this report , the commission shall assess whether it is necessary to propose additional measures or modify the directive .


### it is necessary to set out the resources allocated to each of the different components of interreg , including each member state ' s share of the global amounts for the cross - border cooperation , the transnational cooperation and maritime cooperation , the outermost regions’ cooperation and the interregional cooperation , the potential available to member states concerning flexibility between those components . compared to the programming period 2014 - 2020 , the share for cross - border cooperation should be reduced , while the share for transnational cooperation and maritime cooperation should be increased because of the integration of maritime cooperation , and a new outermost regions’ cooperation component should be created . ### it is necessary to set out the resources allocated to each of the different components of interreg , including each member state ' s share of the global amounts for the cross - border cooperation , the transnational cooperation and maritime cooperation , the outermost regions’ cooperation and the interregional cooperation , the potential available to member states concerning flexibility between those components .


### third countries , partner countries and octs participating in an interreg programme shall delegate staff to the joint secretariat of that programme or shall set up a branch office in its respective territory , or shall do both . ### third countries , partner countries and octs participating in an interreg programme may delegate staff to the joint secretariat of that programme and / or shall set up a branch office or a contact point in its respective territory .


### in order to ensure uniform conditions for the adoption or amendment of interreg programmes , implementing powers should be conferred on the commission . however , external cross - border cooperation programmes should respect , where applicable , committee procedures established under regulations [ ipa iii ] and [ ndici ] with regard to the first approval decision of those programmes . ### in order to ensure uniform conditions for the adoption or amendment of interreg programmes , implementing powers should be conferred on the commission . however , where applicable , external cross - border cooperation programmes should respect committee procedures established under regulations [ ipa iii ] and [ ndici ] with regard to the first approval decision of those programmes .


### enhance efficient public administration by promoting legal and administrative cooperation and cooperation between citizens and institutions , in particular , with a view to resolving legal and other obstacles in border regions ; ### enhance efficient public administration by promoting legal and administrative cooperation and cooperation between citizens , civil society actors and institutions , in particular , with a view to resolving legal and other obstacles in border regions ;


### for cross - border cooperation , the regions to be supported by the erdf shall be the nuts level 3 regions of the union along all internal and external land borders with third countries or partner countries . ### for cross - border cooperation , the regions to be supported by the erdf shall be the nuts level 3 regions of the union along all internal and external land or maritime borders with third countries or partner countries .


### although interreg programmes with the participation of third countries , partner countries or octs should be implemented under shared management , outermost regions’ cooperation may be implemented under indirect management . specific rules should be set out how to implement those programmes as a whole or partially under indirect management . ### although interreg programmes with the participation of third countries , partner countries or octs should be implemented under shared management , outermost regions’ cooperation may be implemented under indirect management . specific rules should be set out on how to implement those programmes as a whole or partially under indirect management .


### the managing authority shall carry out evaluations of each interreg programme . each evaluation shall assess the programme ' s effectiveness , efficiency , relevance , coherence and eu added value with the aim to improve the quality of the design and implementation of the respective interreg programme . ### the managing authority shall carry out evaluations of each interreg programme . each evaluation shall assess the programme ' s effectiveness , efficiency , relevance and coherence with the aim to improve the quality of the design and implementation of the respective interreg programme .


### for interreg operations under component 3 interreg programmes , the partners from outermost regions and third countries , partner countries or octs shall be required to cooperate only in three of the four dimensions listed in the first subparagraph . ### for interreg operations under component 3 interreg programmes , the partners from outermost regions and third countries , partner countries or octs shall be required to cooperate only in two of the four dimensions listed in the first subparagraph .


### for external cross - border cooperation , the regions to be supported by ipa iii or ndici shall be nuts level 3 regions of the respective partner country or , in the absence of nuts classification , equivalent areas along all land borders between member states and partner countries eligible under ipa iii or ndici . ### for external cross - border cooperation , the regions to be supported by ipa iii or ndici shall be nuts level 3 regions of the respective partner country or , in the absence of nuts classification , equivalent areas along all land or maritime borders between member states and partner countries eligible under ipa iii or ndici .


### under external cross - border and component 2 and 3 interreg programmes the erdf and , where applicable , the external financing instruments of the union shall also contribute to the external interreg - specific objective ' a safer and more secure europe ' , in particular by actions in the fields of border crossing management and mobility and migration management , including the protection of migrants . ### under external cross - border and component 2 and 3 interreg programmes the erdf and , where applicable , the external financing instruments of the european union shall also contribute to the external interreg - specific objective of achieving a more social and inclusive europe by supporting cross - border and mobility and the protection of migrants in full compliance to the european charter of fundamental rights and the european convention of human rights .


### it is necessary to clarify the rules governing small project funds which have been implemented since interreg has existed , but have never been covered by specific provisions . as also set out in the opinion of the committee of the regions ‘ people - to - people and small - scale projects in cross - border cooperation programmes’32 , such small project funds play an important role in building up trust between citizens and institutions , offer great european added value and contribute considerably to the overall objective of cross - border cooperation programmes by overcoming border obstacles and integrating border areas and their citizens . in order to simplify the management of the financing of small projects by the final recipients , who are often not used to applying for union funds , the use of simplified cost options and of lump sums should be made obligatory below a certain threshold . _________________ 32 opinion of the european committee of the regions ‘ people - to - people and small - scale projects in cross - border cooperation programmes’ of 12 july 2017 . ### it is necessary to clarify the rules governing small project funds which have been implemented since interreg has existed , but have never been covered by specific provisions . as also set out in the opinion of the committee of the regions ‘ people - to - people and small - scale projects in cross - border cooperation programmes’32 , such small project funds play an important role in building up trust between citizens and european institutions and contribute considerably to the overall objective of cross - border cooperation programmes by overcoming border and cross border obstacles and integrating border areas and their citizens . in order to simplify the management of the financing of small projects by the final recipients , who are often not used to applying for union funds , the use of simplified cost options and of lump sums should be made obligatory below a certain threshold . _________________ 32 opinion of the european committee of the regions ‘ people - to - people and small - scale projects in cross - border cooperation programmes’ of 12 july 2017 .


### the cross - border cooperation component should aim to tackle common challenges identified jointly in the border regions , and to exploit the untapped growth potential in border areas as evidenced in the communication of the commission ' boosting growth and cohesion in eu border regions’23 . consequently , the cross - border component should be limited to cooperation on land borders and cross - border cooperation on maritime borders should be integrated into the transnational component . _________________ 23 communication from the commission to the council and the european parliament ' boosting growth and cohesion in eu border regions ' - com 534 final , 20 . 9 . 2017 . ### the cross - border cooperation component should aim to tackle common challenges identified jointly in the border regions , and to exploit the untapped growth potential in border areas as evidenced in the communication of the commission ' boosting growth and cohesion in eu border regions’23 . therefore , the cross - border component should support cooperation between land and maritime borders . _________________ 23 communication from the commission to the council and the european parliament ' boosting growth and cohesion in eu border regions ' - com 534 final , 20 . 9 . 2017 .


### geographical indications of spirit drinks produced in third countries that are protected in the union pursuant to an international agreement to which the union is a contracting party may be entered in the register as geographical indications . ### geographical indications of spirit drinks produced in third countries that are protected in the union pursuant to an international agreement to which the union is a contracting party may be entered in the register as geographical indications by means of adoption of an implementing act authorizing such insertion


### pursuant to articles 8 and 10 tfeu , the programme should also support the mainstreaming of equality between women and men and non - discrimination objectives in all its activities . ### pursuant to articles 8 and 10 tfeu , the programme should also support gender equality mainstreaming , equal rights and non - discrimination objectives in all its activities .


### analytical and monitoring activities25 to improve the knowledge and understanding of potential obstacles to the smooth functioning of a european area of justice and to improve the implementation of union law and policies in the member states ; __________________ 25 these activities include for instance the collection of data and statistics ; the development of common methodologies and , where appropriate , indicators or benchmarks ; studies , researches , analyses and surveys ; evaluations ; impact assessment ; the elaboration and publication of guides , reports and educational material . ### analytical and monitoring activities25 to improve the knowledge and understanding of potential obstacles to the smooth functioning of a european area of justice and to improve the implementation of union law and policies in the member states specially in the field of equal rights and non - discriminatory access to justice for all people in the union , regardless of their residence status ; __________________ 25 these activities include for instance the collection of data and statistics ; the development of common methodologies and , where appropriate , indicators or benchmarks ; studies , researches , analyses and surveys ; evaluations ; impact assessment ; the elaboration and publication of guides , reports and educational material .


### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the ppe , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by ppe which they have placed on the market . ### manufacturers shall , further to a reasoned request from a competent national authority , provide it with all the information and documentation necessary to demonstrate the conformity of the ppe , in paper or electronic form , in a language which can be easily understood by that authority . they shall cooperate with that authority , at its request , on any action taken to eliminate the risks posed by ppe which they have placed on the market .


### the effectiveness and efficacy of the mutual assistance mechanism should be improved . information requested should be provided in a timely manner and the necessary enforcement measures should be adopted in a timely manner . the commission should therefore set binding time periods for competent authorities to reply to information and enforcement requests , and clarify procedural and other aspects of handling information and enforcement requests , by means of implementing measures , ### the effectiveness and efficacy of the mutual assistance mechanism should be improved . information requested should be provided in a timely manner and the necessary enforcement measures should be adopted in a timely manner .


### evidence , documents , information , explanations and investigation findings made by a competent authority in one member state in accordance with article 8 may be used for proceedings initiated in application of this regulation by competent authorities in other member states without further formal requirements . ### evidence , documents , information , explanations and investigation findings made by a competent authority in one member state in accordance with article 8 may be used , in accordance with the national law in force , for proceedings initiated in application of this regulation by competent authorities in other member states .


### the competent authorities may investigate infringements referred to in article 2 and prohibit traders from engaging in such infringements in the future . the competent authorities may impose penalties for those infringements within five years from the cessation of the infringement . ### the competent authorities may investigate infringements referred to in article 2 and prohibit traders from engaging in such infringements in the future . the competent authorities may use the powers referred to in points , and of article 8 within a period of five years from the cessation of the infringement .


### closure of the coordinated actions ### termination of the coordinated actions


### member states shall ensure that competent authorities and single liaison offices have the adequate resources necessary for the application of this regulation and for the effective use of their powers pursuant to article 8 , including sufficient budgetary and other resources , expertise , procedures and other arrangements . ### member states shall ensure that competent authorities and single liaison offices have the resources that are necessary and sufficient for the application of this regulation and for the effective use of their powers pursuant to article 8 , including budgetary and other resources , expertise , procedures and other arrangements .


### close down a website , domain or similar digital site , service or account or a part of it , including by requesting a third party or other public authority to implement such measures ; ### in the absence of an effective reaction within a reasonable time by the trader to a request in writing by the competent authorities to cease an infringement , order a hosting service provider to close down a website , service or account or a part of it , or order a domain registry or registrar to delete a fully qualified domain name and allow the competent authority concerned to register it ; close down a website , domain or similar digital site , service or account or a part of it provided that any measure taken to restrict the online distribution , or otherwise making available , of content to the public complies with the charter of fundamental rights of the european union , is limited to what is necessary and proportionate and is executed on the basis of a prior judicial authorisation ,


### the external alerts shall only be ' for information ' . the competent authorities shall not be bound to initiate a procedure or take any other action in response to the alerts and information provided by those entities . entities making external alerts shall ensure that the information provided is correct , up to date and accurate and shall correct the information posted without delay or withdraw it as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . ### the external alerts shall mainly be ' for information ' and shall require the competent authorities to verify whether they are based on a reasonable suspicion in accordance with article 34 . the competent authorities shall not be bound to initiate enforcement measures or to take any other action in response to the information provided by those entities making external alerts as provided for in article 35 . entities making external alerts shall ensure that the information provided is correct , up to date and accurate and shall correct any errors in the information posted without delay or withdraw that information as appropriate . for that purpose , they shall have access to the information they have provided , subject to the limitations referred to in articles 41 and 43 . they shall also be notified of any follow - up actions taken by the competent authority concerned in relation to external alerts , or of the lack of any action , in the latter case stating the reasons why the alert was not acted upon . the notification by the competent authority of the actions taken or of the lack of action shall respect the need to preserve the confidentiality of the investigation .


### each competent authority shall have the investigation and enforcement powers necessary for the application of this regulation and shall exercise them in accordance with this regulation and national law . ### each competent authority shall have the investigation and enforcement powers and resources that are necessary for the application of this regulation and shall exercise them in accordance with this regulation and national law .


### where the commission declines to take up the coordination role or where the competent authorities concerned do not accept that the commission coordinates the action , the competent authorities concerned shall designate a competent authority that shall coordinate the action . where no agreement among competent authorities is reached , the competent authority that first notified the suspected infringement to the other competent authorities shall coordinate the action . ### where no agreement among competent authorities is reached , the competent authority that first notified the suspected infringement to the other competent authorities shall coordinate the action .


### where appropriate and without prejudice to the rules on professional and commercial secrecy set out in article 41 , the competent authorities concerned may decide to publish the common position or parts of it on their websites and on the commission website and seek the views of other parties concerned . ### where appropriate and without prejudice to the rules on professional and commercial secrecy set out in article 41 , the competent authorities concerned may decide to publish the common position or parts of it on their websites and on the commission website and seek the views of other parties concerned , including consumer associations and trader organisations .


### member states may choose whether the competent authorities exercise those powers directly under their own authority or by application to the competent courts . where the member states choose that competent authorities exercise their powers by application to the competent courts , member states should ensure that those powers can be exercised effectively and in a timely manner and that the cost of exercise of those powers be proportionate and does not hamper the application of this regulation , ### this regulation does not affect the freedom of member states to choose the enforcement system that they deem to be appropriate . member states may choose whether the competent authorities exercise those powers directly under their own authority or by application to the competent courts . where the member states choose that competent authorities exercise their powers by application to the competent courts , member states should ensure that those powers can be exercised effectively and in a timely manner and that the cost of exercise of those powers be proportionate and does not hamper the application of this regulation ,


### by terms indicated in the relevant product specification . ### by any terms permitted by the relevant product specification .


### a spirit drink produced exclusively by alcoholic fermentation and distillation of sugar - cane juice which has the aromatic characteristics specific to rum and a volatile substances content equal to or exceeding 225 grams per hectolitre of 100 % vol . alcohol . this spirit drink may be placed on the market with the word ‘ agricultural’ qualifying the sales denomination ‘ rum’ accompanied by any registered geographical indications of the french overseas departments and the autonomous region of madeira . ### a spirit drink produced exclusively by alcoholic fermentation and distillation of sugar - cane juice which has the aromatic characteristics specific to rum and a volatile substances content equal to or exceeding 225 grams per hectolitre of 100% vol . alcohol . this spirit may be placed on the market with the word ‘ agricultural’ qualifying the legal name ‘ rum’ only when it is accompanied by one of the registered geographical indications of the french overseas departments and the autonomous region of madeira .


### where the origin of a spirit drink is indicated , it shall correspond to the country or territory of origin in accordance with article 60 of regulation no 952 / 2013 of the european parliament and of the council16 . __________________ 16 regulation no 952 / 2013 of the european parliament and of the council of 9 october 2013 laying down the union customs code . ### where the origin of a spirit drink is indicated , it shall correspond to the place or region where the stage in the production process of the finished product which conferred on the spirit drink its character and essential qualities took place .


### reporting persons shall have access to remedial measures against retaliation as appropriate , including interim relief pending the resolution of legal proceedings , in accordance with the national framework . ### reporting persons and those facilitating the reporting shall have access to remedial measures against retaliation covering all direct , indirect , and future consequences of any detriment , including , as appropriate , making any provision to act taken in breach of article 14 void ; the reinstatement of the reporting person with equal salary , status , duties and working conditions ; the transfer of the reporting person to a new department or supervisor ; compensation for pain and suffering ; interim relief pending the resolution of legal proceedings .


### penalties are necessary to ensure the effectiveness of the rules on whistleblower protection . penalties against those who take retaliatory or other adverse actions against reporting persons can discourage further such actions . penalties against persons who make a report or disclosure demonstrated to be knowingly false are necessary to deter further malicious reporting and preserve the credibility of the system . the proportionality of such penalties should ensure that they do not have a dissuasive effect on potential whistleblowers . ### penalties are necessary to ensure the effectiveness of the rules on whistleblower protection . penalties against those who take retaliatory or other adverse actions against reporting persons can discourage further such actions .


### the conditions under which reporting persons qualify for protection under this directive ; ### the existing framework under which reporting persons or intermediaries qualify for protection under this directive ;


### persons who report information about threats or harm to the public interest obtained in the context of their work - related activities make use of their right to freedom of expression . the right to freedom of expression , enshrined in article 11 of the charter of fundamental rights of the european union and in article 10 of the european convention on human rights , encompasses media freedom and pluralism . ### persons who report information about threats or harm to the public interest are acting under the right of freedom of information and of expression , enshrined in article 11 of the charter of fundamental rights of the european union and in article 10 of the european convention on human rights , which encompasses the right to receive and impart information , as well as media freedom and pluralism .


### article 9 procedures applicable to external reporting the procedures for reporting and following - up of reports referred to in article 4 shall include the following : the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person ; b ) a reasonable timeframe , not exceeding three months or six months in duly justified cases , for giving feed - back to the reporting person about the follow - up of the report and the type and content of this feed - back ; c ) the confidentiality regime applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed . 2 . the detailed description referred to in point of paragraph 1 shall include the exceptional cases in which confidentiality of personal data may not be ensured , 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 of defence of the concerned person , and in each case subject to appropriate safeguards under such laws . 3 . the detailed description referred to in point of paragraph 1 must be written in clear and easy to understand language and be easily accessible to the reporting persons . ### article 9 procedures applicable to external reporting the procedures for reporting and following - up of reports referred to in article 4 shall include the following : the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person ; a a ) the way in which the competent authorities ensure the reporting person can revise , correct and comment on the report over the course of the investigation , without compelling him or her to do so , the fact that his or her comments are incorporated at the end of the investigation , as appropriate , and that he or she may comment on the final report , and that such comments are included in the final report and when it is published ; a b ) due follow - up on the report by the designated person or department , including appropriate action as well as investigations into the subject of the reports , where necessary ; b ) a reasonable timeframe , not exceeding three months or six months in duly justified cases , for giving feed - back to the reporting person about the follow - up of the report and the type and content of this feed - back ; c ) the confidentiality regime applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed , as well as the remedies available to the reporting person to deal with those situations . 2 . the detailed description referred to in point of paragraph 1 shall include the exceptional cases in which confidentiality of personal data may not be ensured , 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 of defence of the concerned person , and in each case subject to appropriate safeguards under such laws . 3 . the detailed description referred to in point of paragraph 1 must be written in clear and easy to understand language and be easily accessible to the reporting persons .


### ‘ reporting person’ means a natural or legal person who reports or discloses information on breaches acquired in the context of his or her work - related activities ; ### ‘ reporting person’ means a natural or legal person who reports or discloses information on breaches acquired ;


### coercion , intimidation , harassment or ostracism at the workplace ; ### coercion , intimidation , physical and verbal violence , harassment , discrimination or ostracism ;


### whistleblowers are , in particular , important sources for investigative journalists . providing effective protection to whistleblowers from retaliation increases the legal certainty of whistleblowers and thereby encourages and facilitates whistleblowing also to the media . in this respect , protection of whistleblowers as journalistic sources is crucial for safeguarding the ‘ watchdog’ role of investigative journalism in democratic societies . ### whistleblowers are important sources for journalists , therefore it is essential to create a safe environment , providing them and those assisting them effective protection from retaliation . in this respect , protection of whistleblowers is crucial to ensure quality journalism , which ultimately contributes to foster a culture of accountability and transparency in democratic societies .


### protection of personal data of the reporting and concerned person is crucial in order to avoid unfair treatment or reputational damages due to disclosure of personal data , in particular data revealing the identity of a person concerned . hence , in line with the requirements of regulation 2016 / 679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , competent authorities should establish adequate data protection procedures specifically geared to the protection of the reporting person , the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only . ### protection of personal data of the reporting and concerned person , as well as of the report itself is crucial in order to avoid unfair treatment or reputational damages due to disclosure of personal data , in particular data revealing the identity of a person concerned . hence , in line with the requirements of regulation 2016 / 679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data , competent authorities and relevant bodies , offices or agencies of the union , as well as the union referral body should establish adequate data protection procedures specifically geared to the protection of the reporting person , the concerned person and any third person referred to in the report that should include a secure system within the competent authority with restricted access rights for authorised staff only .


### article 5 procedures for internal reporting and follow - up of reports the procedures for reporting and following - up of reports referred to in article 4 shall include the following : 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 and prevents access to non - authorised staff members ; b ) the designation of a person or department competent for following up on the reports ; c ) diligent follow up to the report by the designated person or department ; d ) a reasonable timeframe , not exceeding three months following the report , to provide feedback to the reporting person about the follow - up to the report ; e ) clear and easily accessible information regarding the procedures and information on how and under what conditions reports can be made externally to competent authorities pursuant to article 13 and , where relevant , to bodies , offices or agencies of the union . 2 . the channels provided for in point of paragraph 1 shall allow for reporting in all of the following ways : written reports in electronic or paper format and / or oral report through telephone lines , whether recorded or unrecorded ; physical meetings with the person or department designated to receive reports . reporting channels may be operated internally by a person or department designated for that purpose or provided externally by a third party , provided that the safeguards and requirements referred to in point of paragraph 1 are respected . 3 . the person or department referred to in point of paragraph 1 may be the same person who is competent for receiving the reports . additional persons may be designated as “trusted persons” from whom reporting persons and those considering reporting may seek confidential advice . ### article 5 procedures for internal reporting and follow - up of reports the procedures for reporting and following - up of reports referred to in article 4 shall include the following : 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 also in the digital environment and prevents access to non - authorised persons ; b ) designation , in close collaboration with employees and employee representatives , of a person or department competent for following up on the reports ; c ) diligent follow up to the report by the designated person or department ; d ) a reasonable timeframe , not exceeding two months following the report , to provide feedback to the reporting person about the follow - up to the report ; e ) clear and easily accessible information regarding the procedures and information on how to report externally 2 . the channels provided for in point of paragraph 1 shall allow for reporting in all of the following ways : written reports in electronic or paper format , including options for anonymous disclosures , as well as disclosures employing cryptographic methods and / or oral report through telephone lines , whether recorded or unrecorded ; physical meetings with the person or department designated to receive reports . reporting channels may be operated internally by a person or department designated for that purpose or provided externally by a third party , provided that the safeguards and requirements referred to in point of paragraph 1 are respected . 3 . the person or department referred to in point of paragraph 1 may be the same person who is competent for receiving the reports . additional persons may be designated as “trusted persons” from whom reporting persons and those considering reporting may seek confidential advice .


### the competent authority shall offer the possibility to the reporting person to check , rectify and agree with the minutes of the meeting by signing them . ### the competent authorities and the public and private legal entities shall offer the possibility to the reporting person to check , rectify and agree the transcript of the call by signing it .


### persons who report information about threats or harm to the public interest obtained in the context of their work - related activities make use of their right to freedom of expression . the right to freedom of expression , enshrined in article 11 of the charter of fundamental rights of the european union and in article 10 of the european convention on human rights , encompasses media freedom and pluralism . ### persons who report information , particularly about threats or harm to the public interest , make use of their right to freedom of expression . the right to freedom of expression , enshrined in article 11 of the charter of fundamental rights of the european union and in article 10 of the european convention on human rights , encompasses freedom of information as well as media freedom and pluralism .


### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation . ### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . the purpose of this directive is to create a climate of trust that enables whistleblowers to report observed or suspected breaches of law , wrongdoing and threats to public interest . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation or legal consequences , or due to the lack of confidence in the usefulness of reporting .


### whistleblower protection currently provided in the european union is fragmented across member states and uneven across policy areas . the consequences of breaches of union law with cross - border dimension uncovered by whistleblowers illustrate how insufficient protection in one member state not only negatively impacts on the functioning of eu policies in that member state but can also spill over into other member states and the union as a whole . ### whistleblower protection currently provided in the european union is fragmented across member states and union institutions , agencies and bodies and is also uneven across policy areas . the consequences of breaches of union law with cross - border dimension uncovered by whistleblowers illustrate how insufficient protection in one member state not only negatively impacts on the functioning of eu policies in that member state but can also spill over into other member states and the union as a whole .


### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive . these may be regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent shall have the necessary capacities and powers to assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate . ### it is for the member states to identify the authorities competent to receive and give appropriate follow up to the reports on breaches falling within the scope of this directive . these may be judicial authorities , regulatory or supervisory bodies in the areas concerned , law enforcement agencies , anti - corruption bodies and ombudsmen . the authorities designated as competent should be independent and have the necessary capacities and powers to impartially and objectively assess the accuracy of the allegations made in the report and to address the breaches reported , including by launching an investigation , prosecution or action for recovery of funds , or other appropriate remedial action , in accordance with their mandate .


### persons making a public disclosure directly should also qualify for protection in cases where a breach remains unaddressed despite having been reported internally and / or externally following a tiered use of available channels ; or in cases where reporting persons have valid reasons to believe that there is collusion between the perpetrator of the breach and the competent authority is reasonably suspected , that evidence may be concealed or destroyed , or that the effectiveness of investigative actions by competent authorities might be jeopardised ; or in cases of imminent and manifest danger for the public interest , or where there is a risk of irreversible damage , including , inter alia , harm to physical integrity . ### persons making a public disclosure directly should also qualify for protection under this directive , regardless of whether the breach has been reported internally and / or externally .


### with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law : ### this directive lays down common minimum standards for the protection of whistleblowers or persons reporting on :


### follow up and feedback should take place within a reasonable timeframe ; this is warranted by the need to promptly address the problem that may be the subject of the report , as well as to avoid unnecessary public disclosures . such timeframe should not exceed three months , but could be extended to six months , where necessary due to the specific circumstances of the case , in particular the nature and complexity of the subject of the report , which may require a lengthy investigation . ### follow up and feedback should take place within the shortest possible timeframe ; this is warranted by the need to promptly address the problem that may be the subject of the report . such timeframe should not exceed two months , but could be extended to four months , where necessary due to the specific circumstances of the case , in particular the nature and complexity of the subject of the report , which may require a lengthy investigation .


### the legal entities in the public sector referred to in paragraph 1 shall be the following : ### the legal entities in the public sector referred to in paragraph 1 shall include , in particular , the following :


### this directive shall apply to reporting persons working in the private or public sector who acquired information on breaches in a work - related context including , at least , the following : ### this directive shall apply to reporting persons and facilitators in the private or public sector who acquired information on breaches including , at least , the following :


### article 17 penalties member states shall provide for effective , proportionate and dissuasive penalties applicable to natural or legal persons that : hinder or attempt to hinder reporting ; b ) take retaliatory measures against reporting persons ; c ) bring vexatious proceedings against reporting persons ; d ) breach the duty of maintaining the confidentiality of the identity of reporting persons . 2 . member states shall provide for effective , proportionate and dissuasive penalties applicable to persons making malicious or abusive reports or disclosures , including measures for compensating persons who have suffered damage from malicious or abusive reports or disclosures . ### article 17 penalties member states shall provide for effective , proportionate and dissuasive penalties applicable to natural or legal persons that : hinder or attempt to hinder reporting ; b ) take retaliatory measures against reporting persons or intermediaries ; c ) bring vexatious proceedings against reporting persons or intermediaries ; d ) breach the duty of maintaining the confidentiality of the identity of reporting persons or intermediaries .


### maintaining contact with the reporting person for the purpose of informing the reporting person of the progress and the outcome of the investigation . ### maintaining contact with the reporting person and , whenever relevant , those facilitating the reporting , such as intermediaries and investigative journalists , for the purpose of informing them of the progress and the outcome of the investigation .


### member states shall ensure that legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports , following consultations with social partners , if appropriate . ### member states shall ensure that legal entities in the private and in the public sector establish internal channels and procedures for reporting and following up on reports , following cooperation with the social partners .


### where an unrecorded telephone line is used for reporting , the competent authority shall have the right to document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members . the competent authority shall offer the possibility to the reporting person to check , rectify and agree with the minutes of the call by signing them . ### where an unrecorded telephone line is used for reporting , the competent authorities and the private and public legal entities shall have the right to document the oral reporting in the form of accurate minutes of the conversation prepared by the dedicated staff members . the competent authorities and the public and private legal entities shall offer the possibility to the reporting person to check , rectify and agree the transcript of the call by signing it .


### coercion , intimidation , harassment or ostracism at the workplace ; ### coercion , intimidation , physical and verbal violence , harassment , discrimination or ostracism ;


### article 6 obligation to establish external reporting channels and to follow up on reports member states shall designate the authorities competent to receive and handle reports . 2 . member states shall ensure that the competent authorities : establish independent and autonomous external reporting channels , which are both secure and ensure confidentiality , for receiving and handling information provided by the reporting person ; b ) give feedback to the reporting person about the follow - up of the report within a reasonable timeframe not exceeding three months or six months in duly justified cases ; c ) transmit 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 . 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 . 4 . member states shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority and that the reporting person is informed . ### article 6 obligation to establish external reporting channels and to follow up on reports member states shall designate the authorities competent to receive and handle reports , which must be independent and have sufficient power and adequate financial and human resources to operate effectively . 1a . member states are also to ensure that persons requiring protection as whistle blowers will be entitled to the right of appeal before the courts and that under no circumstances can the authority tasked to grant such status or protection have an actual or potential conflict of interest with regard to whether or not to grant such status or protection . 2 . member states shall ensure that the competent authorities : establish independent and autonomous , clear and transparent external reporting channels , which are both secure and ensure confidentiality and allow for anonymous disclosures , for receiving and processing information provided by the reporting person or intermediaries ; aa ) are independent and dispose of adequately qualified and trained staff and appropriate funding ; ab ) guarantee advice and legal support for reporting persons and intermediaries ; b ) give feedback to the reporting person about the follow - up of the report within a reasonable timeframe not exceeding three months or six months in duly justified cases ; 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 . ca ) raise public awareness so as to ensure the report of breaches ; cb ) collect and publish data and information regarding the functioning of whistleblowing laws and frameworks . 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 . 3a . member states shall ensure that competent authorities are entitled to receive , investigate and address complaints of unfair treatment and improper investigation on persons reporting the breaches . 4 . member states shall ensure that any authority which has received a report but does not have the competence to address the breach reported transmits it to the competent authority and that the reporting person is informed .


### article 9 procedures applicable to external reporting the procedures applicable to external reporting shall provide for the following : the manner in which the competent authority may require the reporting person to clarify the information reported or to provide additional information that is available to the reporting person ; b ) a reasonable timeframe , not exceeding three months or six months in duly justified cases , for giving feed - back to the reporting person about the follow - up of the report and the type and content of this feed - back ; c ) the confidentiality regime applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed . 2 . the detailed description referred to in point of paragraph 1 shall include the exceptional cases in which confidentiality of personal data may not be ensured , 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 of defence of the concerned person , and in each case subject to appropriate safeguards under such laws . 3 . the detailed description referred to in point of paragraph 1 must be written in clear and easy to understand language and be easily accessible to the reporting persons . ### article 9 procedures applicable to external reporting the procedures applicable to external reporting shall provide for the following : the manner in which the competent authority may require the reporting person or the intermediary to clarify the information reported or to provide additional information that is available to the reporting person ; aa ) the manner in which the reporting person may request to clarify the information reported or provide additional information ; b ) a reasonable timeframe , not exceeding two months or four months in duly justified cases , for giving updates to the reporting person on the actual and forthcoming status of the report as well as a description of the form and content of this feed - back ; c ) the confidentiality measures applicable to reports , including a detailed description of the circumstances under which the confidential data of a reporting person may be disclosed . when identifying information must be disclosed , reporting persons and intermediaries should be given notice sufficiently in advance and potentially provided with additional protection measures . 2 . the detailed description referred to in point of paragraph 1 shall include the exceptional cases in which confidentiality of personal data may not be ensured , 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 of defence of the concerned person , and in each case subject to appropriate safeguards under such laws . 3 . the detailed description referred to in point of paragraph 1 must be written in clear and easy to understand language and be easily accessible to the reporting persons or intermediaries .


### article 14 prohibition of retaliation against reporting persons member states shall take the necessary measures to prohibit any form of retaliation , whether direct or indirect , against reporting persons meeting the conditions set out in article 13 , including in particular in the form of : suspension , lay - off , dismissal or equivalent measures ; b ) demotion or withholding of promotion ; c ) transfer of duties , change of location of place of work , reduction in wages , change in working hours ; d ) withholding of training ; e ) negative performance assessment or employment reference ; f ) imposition or administering of any discipline , reprimand or other penalty , including a financial penalty ; g ) coercion , intimidation , harassment or ostracism at the workplace ; h ) discrimination , disadvantage or unfair treatment ; failure to convert a temporary employment contract into a permanent one ; j ) failure to renew or early termination of the temporary employment contract ; k ) damage , including to the person’s reputation , or financial loss , including loss of business and loss of income ; l ) blacklisting on the basis of a sector or industry - wide informal or formal agreement , which entails that the person will not , in the future , find employment in the sector or industry ; m ) early termination or cancellation of contract for goods or services ; n ) cancellation of a licence or permit . ### article 14 prohibition of retaliation against reporting persons and intermediaries member states shall take the necessary measures to prohibit any threatened , attempted or implemented action that could undermine the exercise of rights protected by the present directive . this includes , but is not limited to retaliation measures such as : - a ) harassment , physical and verbal violence , including coercion , intimidation or ostracism ; suspension , lay - off , dismissal or equivalent measures ; b ) demotion or withholding of promotion ; c ) transfer of duties , change of location of place of work , reduction in wages , change in working hours ; d ) withholding of training ; e ) negative performance assessment or employment reference ; f ) imposition or administering of any discipline , reprimand or other penalty , including a financial penalty ; h ) discrimination , disadvantage or unfair treatment ; failure to convert an internship or a temporary employment contract into a permanent one ; j ) failure to renew or early termination of the temporary employment , voluntary work contract ; k ) damage , including to the person’s reputation , or financial loss , including loss of business and loss of income ; l ) blacklisting on the basis of a sector or industry - wide informal or formal agreement , which entails that the person will not , in the future , find employment in the sector or industry ; m ) early termination or cancellation of contract for goods or services ; n ) cancellation of a licence or permit .


### having regard to article 294 and articles 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 168 , 169 , 192 , 207 and 325 of the treaty on the functioning of the european union and article 31 thereof , ### having regard to the treaty on the functioning of the european union , and in particular 16 , 33 , 43 , 50 , 53 , 62 , 91 , 100 , 103 , 109 , 114 , 153 and , 168 , 169 , 192 , 207 and 325 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof ,


### the requirement of a tiered use of reporting channels , as a general rule , is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure . at the same time , some exceptions to its application are necessary , allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case . moreover , it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability , and fundamental rights such as freedom of expression and media freedom , whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm , in line with the criteria developed in the case - law of the european court of human rights57 . _________________ 57 one of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society , is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure ; see , for instance , guja v . moldova [ gc ] , no 14277 / 04 , echr 2008 . ### it is necessary to ensure that all reporting channels whether internal or external are open to the reporting person so as to ensure that the information gets to the persons or entities who can contribute to the early and effective resolution of risks to the public interest , by allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case . moreover , it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability , and fundamental rights such as freedom of expression and media freedom .


### with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law : breaches falling within the scope of the union acts set out in the annex as regards the following areas : public procurement ; financial services , prevention of money laundering and terrorist financing ; product safety ; transport safety ; protection of the environment ; nuclear safety ; food and feed safety , animal health and welfare ; public health ; consumer protection ; protection of privacy and personal data , and security of network and information systems . b ) breaches of articles 101 , 102 , 106 , 107 and 108 tfeu and breaches falling within the scope of council regulation no 1 / 2003 and council regulation no 2015 / 1589 ; c ) breaches affecting the financial interests of the union as defined by article 325 tfeu and as further specified , in particular , in directive 2017 / 1371 and regulation no 883 / 2013 ; d ) breaches relating to the internal market , as referred to in article 26 tfeu , as regards acts which breach the rules of corporate tax or arrangements whose purpose is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law . 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 . ### with a view to ensuring and enhancing the enforcement of union law and policies , this directive lays down common minimum standards for the protection of persons reporting on the unlawful activities , abuse of law , or activities which run contrary to the objectives of union law especially in the following areas : breaches falling within the scope of the union acts , and especially those set out in the annex as regards the following areas : public procurement ; financial services , prevention of money laundering and terrorist financing ; social standards , health and safety at work ; food and non - food product safety ; transport safety ; protection of the environment , sustainable development , waste management , sea , air and noise pollution , protection and management of water and soils , protection of the natural world and biodiversity as well as combating climate change and wildlife crime ; nuclear safety ; food and feed safety ; animal protection , health and welfare ; public health ; consumer protection ; protection of privacy and personal data , and security of network and information systems . ab ) 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 ; ac ) tax fraud , tax evasion and tax optimisation ; ad ) social , environmental , economic and tax dumping ; ae ) ecocides ; b ) competition law , especially breaches of articles 101 , 102 , 106 , 107 and 108 tfeu and breaches falling within the scope of council regulation no 1 / 2003 and council regulation no 2015 / 1589 ; c ) financial interests of the union as defined by article 325tfeu and in particular in accordance with directive 2017 / 1371 and regulation no 883 / 2013 ; d ) internal market , as referred to in article 26 tfeu , as regards acts which breach the rules of corporate tax or arrangements whose purpose is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law . 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 and they shall supplement the specific regulations listed in the annex in instances where they provide more protection to whistleblowers . this paragraph shall apply only in cases where the protection provided for in sector - specific acts is higher than that provided for in this directive .


### in certain policy areas , breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . where weaknesses of enforcement have been identified in those areas , and whistleblowers are in a privileged position to disclose breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and introducing effective reporting channels . ### breaches of union law may cause serious harm to the public interest , in the sense of creating significant risks for the welfare of society . as whistleblowers are usually in a privileged position to disclose such breaches , and have the courage to report or disclose information in defence of the public interest , notwithstanding any personal and professional risk , it is necessary to enhance enforcement of union law by ensuring effective protection of whistleblowers from retaliation and introducing effective , independent reporting channels .


### the competent authority shall offer the possibility to the reporting person to check , rectify and agree with the minutes of the meeting by signing them . ### the competent authorities and the public and private legal entities shall offer the possibility to the reporting person to check , rectify and agree the transcript of the call by signing it .


### a reporting person shall qualify for protection under this directive provided he or she has reasonable grounds to believe that the information reported was true at the time of reporting and that this information falls within the scope of this directive . ### a reporting person shall qualify for protection under this directive as soon as he / she consults one of the internal and external reporting channels provided for by this directive , and this shall apply throughout proceedings and even when they have concluded , unless there is no risk of retaliation .


### give feedback to the reporting person about the follow - up of the report within a reasonable timeframe not exceeding three months or six months in duly justified cases ; ### acknowledge receipt of the report within 5 working days , give feedback to the reporting person about the follow - up of the report within a reasonable timeframe not exceeding two months ;


### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing and preventing breaches of the law and in safeguarding the welfare of society . however , potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation . ### persons who work for an organisation or are in contact with it in the context of their work - related activities are often the first to know about threats or harm to the public interest which arise in this context . by ' blowing the whistle ' they play a key role in exposing , preventing breaches of the law and revealing dangers that may harm the public interest .


### a statement clearly explaining that persons making information available to the competent authority in accordance with this directive are not considered to be infringing any restriction on disclosure of information imposed by contract or by any legislative , regulatory or administrative provision , and are not to be involved in liability of any kind related to such disclosure . ### a statement clearly explaining that persons making information available to the competent authorities and on internal reporting channels in accordance with this directive are not considered to be infringing any restriction on disclosure of information imposed by contract or by any legislative , regulatory or administrative provision , and are not to be involved in liability of any kind related to such disclosure .


### article 3 definitions for the purposes of this directive , the following definitions shall apply : ' breaches ' means actual or potential unlawful activities or abuse of law relating to the union acts and areas falling within the scope referred to in article 1 and in the annex ; ‘ unlawful activities’ means acts or omissions contrary to union law ; ‘ abuse of law’ means acts or omissions falling within the scope of union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules ; ‘ information on breaches’ means evidence about actual breaches as well as reasonable suspicions about potential breaches which have not yet materialised ; ‘ report’ means the provision of information relating to a breach which has occurred or is likely to occur in the organisation at which the reporting person works or has worked or in another organisation with which he or she is or was in contact through his or her work ; ‘ internal reporting’ means provision of information on breaches within a public or private legal entity ; ‘ external reporting’ means provision of information on breaches to the competent authorities ; ‘ disclosure’ means making information on breaches acquired within the work - related context available to the public domain ; ‘ reporting person’ means a natural or legal person who reports or discloses information on breaches acquired in the context of his or her work - related activities ; ‘ work - related context’ means current or past work activities in the public or private sector through which , irrespective of their nature , persons may acquire information on breaches and within which these persons may suffer retaliation if they report them ; ‘ concerned person’ means a natural or legal person who is referred to in the report or disclosure as a person to whom the breach is attributed or with which he or she is associated ; ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting which occurs in a work - related context and causes or may cause unjustified detriment to the reporting person ; ‘ follow - up’ means any action taken by the recipient of the report , made internally or externally , to assess the accuracy of the allegations made in the report and , where relevant , to address the breach reported , including actions such as internal enquiry , investigation , prosecution , action for recovery of funds and closure ; ‘ competent authority’ means any national authority entitled to receive reports in accordance with chapter iii and designated to carry out the duties provided for in this directive , in particular as regards the follow up of reports . ### article 3 definitions for the purposes of this directive , the following definitions shall apply : ' breaches ' means actual or potential unlawful activities or abuse of law or other forms of misconduct which undermine or endanger the public interest in any field of union competence ; ‘ unlawful activities’ means acts or omissions contrary to union law ; ‘ abuse of law’ means acts or omissions falling within the scope of union law which do not appear to be unlawful in formal terms but defeat the object or the purpose pursued by the applicable rules ; ‘ information on breaches’ means evidence , confidential or otherwise , about actual breaches as well as reasonable suspicions about potential breaches which have not yet materialised ; ‘ report’ means the provision of information relating to a breach which has occurred or is likely to occur ; ‘ internal reporting’ means provision of information on breaches within a public or private legal entity ; ‘ external reporting’ means provision of information on breaches to the competent authorities ; ‘ disclosure’ means making information on breaches acquired within the work - related context available to the public domain by revealing them to media , civil society organizations or another body not falling under of this article ; ‘ reporting person’ means a natural or legal person who reports or discloses information on breaches acquired in the context of his or her work - related activities ; ‘ intermediary” means a natural or legal person who facilitates the report or disclosure ; ‘ work - related context’ means current or past work activities in the public or private sector through which , irrespective of their nature , persons may acquire information on breaches ; ‘ concerned person’ means a natural or legal person who is referred to in the report or disclosure as a person to whom the breach is attributed or with which he or she is or was associated ; ‘ retaliation’ means any threatened or actual act or omission prompted by the internal or external reporting or a public disclosure which causes or may cause unjustified direct or indirect detriment to the reporting person , to his or her colleagues , personal contacts or to persons facilitating the reporting and disclosure ; ‘ follow - up’ means any action taken by the recipient of the report , made internally or externally , to assess the accuracy of the allegations made in the report and , where relevant , to address the breach reported , including actions such as internal enquiry , investigation , prosecution , action for recovery of funds and closure ; ‘ competent authority’ means any authority entitled to receive reports in accordance with chapter iii and designated to carry out the duties provided for in this directive , in particular as regards the follow up of reports .


### the requirement of a tiered use of reporting channels , as a general rule , is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure . at the same time , some exceptions to its application are necessary , allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case . moreover , it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability , and fundamental rights such as freedom of expression and media freedom , whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm , in line with the criteria developed in the case - law of the european court of human rights57 . __________________ 57 one of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society , is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure ; see , for instance , guja v . moldova [ gc ] , no 14277 / 04 , echr 2008 . ### it is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest . the reporting person should choose the most appropriate channel depending on the individual circumstances of the case . transparency , accountability and fundamental rights such as freedom of expression and media freedom must be guaranteed , whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm , in line with the criteria developed in the case - law of the european court of human rights . __________________ 57 one of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society , is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure ; see , for instance , guja v . moldova [ gc ] , no 14277 / 04 , echr 2008 .


### with a view to enhancing the enforcement of union law and policies in specific areas , this directive lays down common minimum standards for the protection of persons reporting on the following unlawful activities or abuse of law : ### with a view to enhancing the enforcement of the individual protection of persons reporting breaches of union law and policies , this directive lays down common minimum standards for the protection of persons reporting on unlawful activities or abuse of all union law :


### physical meetings with the person or department designated to receive reports . ### physical meetings with the person or department designated to receive reports accompanied , if the reporting person requests it , by a union representative , by a representative of civil society or his / her legal representative .


### effective whistleblower protection implies protecting also further categories of persons who , whilst not relying on their work - related activities economically , may nevertheless suffer retaliation for exposing breaches . retaliation against volunteers and unpaid trainees may take the form of no longer making use of their services , or of giving a negative reference for future employment or otherwise damaging their reputation . ### effective whistleblower protection implies protecting also further categories of persons who , whilst not relying on their work - related activities economically , may nevertheless suffer retaliation for exposing breaches or for supporting whistleblowers reporting . retaliation against volunteers and unpaid trainees may take the form of no longer making use of their services , or of giving a negative reference for future employment or otherwise damaging their reputation . retaliation against investigators or reporters could take the form of strategic litigation suits , for example regarding libel or defamation .


### retaliation expresses the close relationship that must exist between the report and the adverse treatment suffered , directly or indirectly , by the reporting person , so that this person can enjoy legal protection . effective protection of reporting persons as a means of enhancing the enforcement of union law requires a broad definition of retaliation , encompassing any act or omission occurring in the work - related context which causes them detriment . ### retaliation expresses the close relationship that must exist between the report and the adverse treatment suffered , directly or indirectly , by the reporting person , so that this person can enjoy legal protection . effective protection of reporting persons as a means of enhancing the enforcement of union law requires a broad definition of retaliation , encompassing any act or omission which causes them detriment .


### article 2 personal scope this directive shall apply to reporting persons working in the private or public sector who acquired information on breaches in a work - related context including , at least , the following : persons having the status of worker , with the meaning of article 45 tfeu ; b ) persons having the status of self - employed , with the meaning of article 49 tfeu ; c ) shareholders and persons belonging to the management body of an undertaking , including non - executive members , as well as volunteers and unpaid trainees ; d ) any persons working under the supervision and direction of contractors , subcontractors and suppliers . 2 . this directive shall also apply to reporting persons whose work - based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre - contractual negotiation . ### article 2 personal scope this directive shall apply to reporting persons working in the private or public sector who acquired information on breaches in a work - related context including , at least the following : persons having the status of worker , with the meaning of article 45 tfeu , as well as former workers ; b ) persons having the status of self - employed , with the meaning of article 49 tfeu ; c ) shareholders and persons belonging to the management body of an undertaking , including non - executive members , as well as volunteers and unpaid trainees ; d ) any persons working under the supervision and direction of contractors , subcontractors and suppliers ; da ) civil servants ; db ) european union staff members , as defined within the eu staff regulation . 2 . this directive shall also apply to reporting persons whose work - based relationship is yet to begin in cases where information concerning a breach has been acquired during the recruitment process or other pre - contractual negotiation . 2a . this directive shall also apply to intermediaries facilitating the reporting and / or the disclosure , including journalists .


### municipalities with more than 10 000 inhabitants ; ### municipalities ;


### the requirement of a tiered use of reporting channels , as a general rule , is necessary to ensure that the information gets to the persons who can contribute to the early and effective resolution of risks to the public interest as well as to prevent unjustified reputational damage from public disclosure . at the same time , some exceptions to its application are necessary , allowing the reporting person to choose the most appropriate channel depending on the individual circumstances of the case . moreover , it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability , and fundamental rights such as freedom of expression and media freedom , whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm , in line with the criteria developed in the case - law of the european court of human rights57 . _________________ 57 one of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society , is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure ; see , for instance , guja v . moldova [ gc ] , no 14277 / 04 , echr 2008 . ### it is necessary to protect public disclosures taking into account democratic principles such as transparency and accountability , and fundamental rights such as freedom of expression and media freedom , whilst balancing the interest of employers to manage their organisations and to protect their interests with the interest of the public to be protected from harm , in line with the criteria developed in the case - law of the european court of human rights57 . _________________ 57 one of the criteria for determining whether retaliation against whistleblowers making public disclosures interferes with freedom of expression in a way which is not necessary in a democratic society , is whether the persons who made the disclosure had at their disposal alternative channels for making the disclosure ; see , for instance , guja v . moldova [ gc ] , no 14277 / 04 , echr 2008 .