### meeting the goals of sustainable development , guaranteeing the production and consumption of safe and healthy food , promoting sustainable practices in agriculture , aquaculture , fisheries and forestry , ensuring access to clean water , soil and air for all , cleaning up the seas and oceans , preserving and restoring the planet’s vital natural systems and environment requires that we harness the potential of research and innovation . but the pathways for the transition to sustainability and ways to overcome resilient barriers are hardly understood . making the transition to sustainable consumption and production and restoring planetary health requires investing in technologies , new business models , and social and environmental innovation . this creates new opportunities for a sustainable , resilient , innovative and responsible european economy , boosting resource efficiency , productivity and competitiveness , and generating jobs and growth . ### meeting the goals of sustainable development , guaranteeing the production and consumption of safe and healthy food , promoting sustainable practices in agriculture , aquaculture , fisheries and forestry , ensuring access to clean water , soil and air for all , cleaning up the seas and oceans , preserving and restoring the planet’s vital natural systems and environment requires that we harness the potential of research and innovation . but the pathways for the transition to sustainability and ways to overcome resilient barriers are hardly understood . making the transition to sustainable consumption and production and restoring planetary health requires shifting out of societal lock - ins , identifying and implementing paths to internalize environmental costs in our economics , gathering more and better quality data on the impact of different policies and social and environmental innovation , developing and upscaling new business models , and investing in technologies to support these . this creates new opportunities for a sustainable , resilient , innovative and responsible european economy , boosting resource efficiency , productivity and competitiveness , maintaining rural viability , and generating jobs and growth .


### the strategic planning will promote strong engagement with citizens and civil society organisations at all stages of research and innovation , the co - creation of knowledge , effective promotion of gender equality , including the integration of the gender dimension in research and innovation content , and will ensure and promote the adherence to the highest ethics and integrity standards . ### the strategic planning will promote strong engagement with citizens and civil society both within the strategic planning process itself and at all other stages of research and innovation , including agenda - setting . to facilitate this , a structured dialogue will be established with civil society . the process will also promote the co - creation of knowledge , effective promotion of gender equality , including the integration of the gender dimension in research and innovation content , and will ensure and promote responsible research and innovation and adherence to the highest ethics and integrity standards .


### for each mission , a mission board may be established . it shall be composed of around 15 high level individuals including relevant end - users ' representatives . the mission board shall advise upon the following : ### for each mission , a mission board may be established . it shall be composed of around 15 high level individuals , at least half of which shall include relevant civil society and end - users ' representatives . the mission board shall advise upon the following :


### –biodiversity status , ecosystem protection , climate mitigation and adaptation , food security , agriculture and forestry , land use and land use change , urban and peri - urban development , natural resources management , ocean exploitation and conservation , maritime security , and other relevant domains ; ### –biodiversity status , ecosystem protection , climate mitigation and adaptation , carbon storage in soils , food security , agriculture and forestry , land use and land use change , urban and peri - urban development , natural resources management , ocean exploitation and conservation , maritime security , and other relevant domains ;


### 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 .


### internal cross - border cooperation between adjacent land border regions of two or more member states or between adjacent land border regions of at least one member state and one or more third countries listed in article 4 ; or ### internal cross - border cooperation between adjacent land or maritime border regions of two or more member states or between adjacent land border regions of at least one member state and one or more third countries listed in article 4 ; or


### an additional 15% of the erdf and , where applicable , of the external financing instruments of the union allocations under priorities other than for technical assistance to each interreg programme under components 1 , 2 and 3 , shall be allocated on the interreg - specific objective of ' a better interreg governance ' or on the external interreg - specific objective of ' a safer and more secure europe ' . ### an additional 10% of the erdf and , where applicable , of the external financing instruments of the union allocations under priorities other than for technical assistance to each interreg programme under components 1 , 2 and 3 , shall be allocated on the interreg - specific objective of ' a better interreg governance ' .


### the transnational cooperation and maritime cooperation component should aim to strengthen cooperation by means of actions conducive to integrated territorial development linked to the union ' s cohesion policy priorities , and should also include maritime cross - border cooperation . transnational cooperation should cover larger territories on the mainland of the union , whereas maritime cooperation should cover territories around sea - basins and integrate cross - border cooperation on maritime borders during the programming period 2014 - 2020 . maximum flexibility should be given to continue implementing previous maritime cross - border cooperation within a larger maritime cooperation framework , in particular by defining the territory covered , the specific objectives for such cooperation , the requirements for a project partnership and the setting - up of sub - programmes and specific steering committees . ### the transnational cooperation and maritime cooperation component should aim to strengthen cooperation by means of actions conducive to integrated territorial development linked to the union ' s cohesion policy priorities . transnational cooperation should cover larger territories on the mainland of the union , whereas maritime cooperation should cover territories around sea - basins that extend geographically beyond those covered by cross - border programmes . maximum flexibility should be given to continue implementing previous maritime cross - border cooperation within a larger maritime cooperation framework , in particular by defining the territory covered , the specific objectives for such cooperation , the requirements for a project partnership and the setting - up of sub - programmes and specific steering committees .


### 2022 : 1% ; ### 2022 : 2% ;


### the contribution from the erdf or , where applicable , an external financing instrument of the union , to a small project fund within an interreg programme shall not exceed eur 20 000 000 or 15% of the total allocation of the interreg programme , whichever is lower . ### the total contribution from the erdf or , where applicable , an external financing instrument of the union to one or more small project funds within an interreg programme shall not exceed 20 % of the total allocation for the interreg programme .


### the co - financing rate at the level of each interreg programme shall be not higher than 70 % , unless , with regard to external cross - border or component 3 interreg programmes , a higher percentage is fixed in regulations [ ipa iii ] , [ ndici ] or council decision [ octp ] respectively or in any act adopted thereunder . ### the co - financing rate at the level of each interreg programme shall not be higher than 85% .


### in order to support the harmonious development of the union ' s territory at different levels , the erdf should support cross - border cooperation , transnational cooperation , maritime cooperation , outermost regions’ cooperation and interregional cooperation under the european territorial cooperation goal . ### in order to support the harmonious development of the union ' s territory at different levels , the erdf should support cross - border cooperation , transnational cooperation , maritime cooperation , outermost regions’ cooperation and interregional cooperation under the european territorial cooperation goal . the principles on multi - level governance and partnership should be taken into account , and place - based approaches should be strengthened as well as the principle of non - discrimination .


### external cross - border cooperation , between adjacent land border regions of at least one member state and of one or more of the following : ### external cross - border cooperation , between adjacent land or maritime border regions of at least one member state and of one or more of the following :


### 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 ;


### the participating member states shall prepare an interreg programme in cooperation with the programme partners referred to in article [ 6 ] of regulation [ the new cpr ] . ### the participating member states shall prepare an interreg programme in cooperation with the programme partners referred to in article [ 6 ] of regulation [ the new cpr ] of all participating member states .


### the managing authority and the audit authority shall be located in the same member state . ### the managing authority and the audit authority may be located in the same member state .


### the performance reporting system shall ensure that data for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and member states . ### the performance reporting system shall ensure that data , where applicable disaggregated by gender , for monitoring programme implementation and results are collected efficiently , effectively , and in a timely manner . to that end , proportionate reporting requirements shall be imposed on recipients of union funds and member states .


### these rights and values must continue to be promoted and enforced , shared among the citizens and peoples within the union and be at the heart of europe’s societies , therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the union budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , rights and eu values : human rights , respect for human dignity , freedom , democracy , equality , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as a part of the new fund , the rights and values programme will bring together the 2014 - 2020 rights , equality and citizenship programme established by regulation no 1381 / 2013 of the european parliament and of the council10 and the europe for citizens programme established by regulation no 390 / 2014 of the council11 . the justice programme will continue to support the development of an integrated european justice area and cross - border cooperation , in continuity with the 2014 - 2020 justice programme established by regulation no 1381 / 2013 of the european parliament and of the council12 . __________________ 10 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 11 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 12 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 . ### these rights and values must continue to be promoted and enforced , shared among the citizens and peoples within the union and be at the heart of europe’s societies , therefore , a new justice , rights and values fund , comprising the rights and values and the justice programmes shall be created in the union budget . at a time where european societies are confronted with extremism , radicalism and divisions , it is more important than ever to promote , strengthen and defend justice , equality , rights and eu values : human rights , respect for human dignity , freedom , democracy , gender equality , non - discrimination , the rule of law . this will have profound and direct implications for political , social , cultural and economic life in the eu . as a part of the new fund , the rights and values programme will bring together the 2014 - 2020 rights , equality and citizenship programme established by regulation no 1381 / 2013 of the european parliament and of the council10 and the europe for citizens programme established by regulation no 390 / 2014 of the council11 . the justice programme will continue to support the development of an integrated european justice area and cross - border cooperation , in continuity with the 2014 - 2020 justice programme established by regulation no 1381 / 2013 of the european parliament and of the council12 . __________________ 10 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 11 council regulation no 390 / 2014 of 14 april 2014 establishing the ‘ europe for citizens’ programme for the period 2014 - 2020 12 regulation no 1381 / 2013 of the european parliament and of the council of 17 december 2013 establishing a rights , equality and citizenship programme for the period 2014 to 2020 .


### ensuring traceability of ppe throughout the supply chain helps to make market surveillance simpler and more efficient . an efficient traceability system facilitates the market surveillance authorities ' task of tracing economic operators who made non - compliant product available on the market . ### ensuring traceability of ppe throughout the whole supply chain helps to make market surveillance simpler and more efficient . an efficient traceability system facilitates the market surveillance authorities ' task of tracing economic operators who made non - compliant product available on the market . when keeping the information required under this regulation for the identification of other economic operators , economic operators should not be required to update such information in respect of other economic operators who have either supplied them with ppe or to whom they have supplied ppe unless such updated information has been supplied to them .


### any action taken by the competent authority for the purpose of the investigation or enforcement proceedings in respect of the infringement shall suspend the limitation period for the imposition of penalties until the final decision concerning the matter is adopted . the limitation period for the imposition of penalties shall be suspended for as long as the decision , order or other action of the competent authority is the subject of proceedings pending before a court . ### any action taken by the competent authority for the purpose of the investigation or enforcement proceedings in respect of the infringement shall suspend the limitation period for exercising the powers referred to in paragraph 1 until the final decision concerning the matter is adopted . the limitation period for exercising the powers referred to in paragraph 1 shall be suspended for as long as the decision , order or other action of the competent authority is the subject of proceedings pending before a court .


### require any public authority , body or agency within the member state of the competent authority to supply any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose among others , of identifying and following of financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites ; ### require any public authority , body or agency within the member state of the competent authority to supply any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites , when the information , data or document in question is relevant for the investigation ;


### a requested authority shall , on request from an applicant authority , supply any relevant information required to establish whether an intra - union infringement has occurred and to bring about the cessation of that infringement . the requested authority shall notify the commission without delay of the request for information and of its reply . ### a requested authority shall , on request from an applicant authority , supply to the applicant authority without delay , and in any event within 14 days , any relevant information required to establish whether an intra - union infringement has occurred and to bring about the cessation of that infringement . the requested authority shall notify the commission without delay of the request for information and of its reply .


### 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 shall publish the common position or parts of it on their websites and on the commission website and shall seek the views of consumer organisations and other parties concerned .


### 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 those alerts are based on a reasoned suspicion as referred to in article 34 . the competent authorities shall not be bound to initiate enforcement measures or to 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 any errors in 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 . entities making external alerts shall also be notified of any follow - up actions taken by the competent authority concerned in relation to those alerts , or of the lack of any action , giving reasons in the latter case as to why the alert was not acted upon .


### adopt interim measures to prevent the risk of serious and irreparable harm to consumers , in particular the suspension of a website , domain or a similar digital site , service or account ; ### adopt interim measures to prevent the risk of serious and irreparable harm to consumers , in particular requiring hosting service providers to remove content or to suspend a website , service or account , or requiring domain registries and registrars to put a fully qualified domain name on hold for a limited period of time , provided that any measure taken to restrict the online distribution , or otherwise making available , of content to the public is in line with the charter of fundamental rights , is limited to what is necessary and proportionate and is executed on the basis of a prior judicial authorisation ;


### 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 stop traders from engaging in such infringements in the future . the competent authorities may use the following powers within five years from the cessation of the infringement : to impose sanctions , as provided for in point of article 8 ; to order the trader responsible to compensate consumers that have suffered harm as a consequence of the infringement , as provided for in point of article 8 ; and to order the restitution of profits obtained as a result of infringements , as provided for in point of article 8 .


### the examination procedure should be used for the adoption of the acts pursuant to articles 10 , 11 , 12 , 13 , 15 , 20 , 27 , 31 , 32 , 34 , 35 , 36 , 37 , 39 , 43 and 46 of this regulation given that those acts are of general scope , ### the examination procedure should be used for the adoption of acts pursuant to articles 11 , 12 , 15 , 20 , 27 , 32 , 34 , 35 , 43 and 46 of this regulation , given that those acts are of general scope ,


### require any public authority , body or agency within the member state of the competent authority to supply any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose among others , of identifying and following of financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites ; ### require any public authority , body or agency within the member state of the competent authority to supply any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites when the information , data or document in question is related to the subject matter of an investigation ;


### adopt interim measures to prevent the risk of serious and irreparable harm to consumers , in particular the suspension of a website , domain or a similar digital site , service or account ; ### adopt interim measures to prevent the risk of serious and irreparable harm to consumers , in particular measures requesting hosting service providers to suspend a website , service or account , or requesting domain registries and registrars to put a fully qualified domain name on hold for a limited period of time , provided that any measure taken to restrict the online distribution , or otherwise making available , of content to the public is in line with the charter of fundamental rights of the european union and is limited to what is necessary and proportionate ;


### 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 .


### in the digital environment in particular , the competent authorities should be able to stop infringements quickly and effectively , notably where the trader selling goods or services conceals its identity or relocates within the union or to a third country to avoid enforcement . in cases where there is a risk of serious and irreparable harm to consumers , the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it , including , where necessary , the suspension of a website , domain or a similar digital site , service or account . furthermore , the competent authorities should have the power to take down or have a third party service provider take down a website , domain or a similar digital site , service or account , ### in the digital environment in particular , the competent authorities should be able to stop infringements quickly and effectively , notably where the trader selling goods or services conceals his identity or relocates within the union or to a third country to avoid enforcement . in cases where there is a risk of serious and irreparable harm to consumers , the competent authorities should to be able to adopt interim measures , where there are no other means available to prevent or mitigate such harm , including , where necessary , the suspension of a website , service or account , or putting a fully qualified domain name on hold for a specific period of time . furthermore , the competent authorities should have the power to close down or have a third party service provider close down a website , service or account or a part of it , 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 , including by requesting a third party or other public authority to implement such measures ; ### close down a website , service or account or a part of it , delete a fully qualified domain name and allow the competent authority concerned to register it , including by requesting a third party or other public authority to implement such measures ;


### where the trader proposes commitments , the competent authorities concerned , may , where appropriate , publish the proposed commitments on their websites or , as appropriate , on the commission website to seek the views of other parties concerned and to verify whether the commitments are sufficient to cease the infringement and to compensate consumers . ### where the trader proposes commitments , the competent authorities concerned may , where appropriate , publish the proposed commitments on their websites or , as appropriate , on the commission website in order to seek the views of consumer organisations and other parties concerned and to verify whether the commitments are sufficient to ensure the cessation of the infringement and the compensation of consumers harmed by it .


### consult consumers , consumer organisations , designated bodies and other persons concerned about the effectiveness of the proposed commitments in ceasing the infringement and removing the harm caused by it . ### consult consumer organisations and , where applicable , designated bodies .


### the examination procedure should be used for the adoption of the acts pursuant to articles 10 , 11 , 12 , 13 , 15 , 20 , 27 , 31 , 32 , 34 , 35 , 36 , 37 , 39 , 43 and 46 of this regulation given that those acts are of general scope , ### the examination procedure should be used for the adoption of the implementing acts pursuant to articles 15a , 20 , 32 , 34 , 35 and 43 of this regulation , given that those acts are of general scope ,


### require the supply by any natural or legal person , including banks , internet service providers , domain registries and registrars and hosting service providers of any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of among others identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites ; ### require , in accordance with union rules on data protection , the supply by any natural or legal person , including banks , internet service providers , domain registries and registrars and hosting service providers of any relevant information , data or document in any format or form and irrespective of the medium on which or the place where they are stored , for the purpose of identifying and following financial and data flows , or of ascertaining the identity of persons involved in financial and data flows , bank account information and ownership of websites when the information , data or document in question is relevant for the investigation ;


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


### the limitation period for the imposition of penalties shall begin to run on the day on which the infringement ceased . ### the limitation period for exercising the powers referred to in paragraph 1 shall begin to run on the day on which the infringement ceased .


### 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 necessary and sufficient resources 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 .


### 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 competent authorities shall not be bound to initiate a procedure or take any other action in response to the external alerts and information provided by the entities referred to in paragraphs 1 and 2 . 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 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 . 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 , giving reasons in the latter case as to why the alert was not acted upon .


### in the digital environment in particular , the competent authorities should be able to stop infringements quickly and effectively , notably where the trader selling goods or services conceals its identity or relocates within the union or to a third country to avoid enforcement . in cases where there is a risk of serious and irreparable harm to consumers , the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it , including , where necessary , the suspension of a website , domain or a similar digital site , service or account . furthermore , the competent authorities should have the power to take down or have a third party service provider take down a website , domain or a similar digital site , service or account , ### in the digital environment in particular , the competent authorities should be able to stop infringements quickly and effectively , notably where the trader selling goods or services conceals its identity or relocates within the union or to a third country to avoid enforcement . in cases where there is a risk of serious and irreparable harm to consumers , the competent authorities should be able to adopt interim measures , where there are no other means available to prevent or mitigate such harm or reduce it , including , where necessary , requiring hosting service providers to remove content or to suspend a website , service or account , or requiring a domain registry or registrar to put a fully qualified domain name on hold for a specific period of time . furthermore , the competent authorities should have the power to order a hosting service provider to remove content or to close down a website , service or account or a part of it , or to order a registry or registrar to delete a fully qualified domain name and allow the competent authority concerned to register it ,


### in the digital environment in particular , the competent authorities should be able to stop infringements quickly and effectively , notably where the trader selling goods or services conceals its identity or relocates within the union or to a third country to avoid enforcement . in cases where there is a risk of serious and irreparable harm to consumers , the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it , including , where necessary , the suspension of a website , domain or a similar digital site , service or account . furthermore , the competent authorities should have the power to take down or have a third party service provider take down a website , domain or a similar digital site , service or account , ### in the digital environment in particular , the competent authorities should be able to stop infringements quickly and effectively , notably where the trader selling goods or services conceals its identity or relocates within the union or to a third country to avoid enforcement . in cases where there is a risk of serious and irreparable harm to consumers , the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it , including , where necessary , requiring hosting service providers to remove content or to suspend a website , service or account , or requiring a domain registry or registrar to put a fully qualified domain name on hold for a specific period of time . furthermore , the competent authorities should have the power to order a hosting service provider to remove content or to close down a website , service or account or a part of it , or to order a registry or registrar to delete a fully qualified domain name . however , measures to remove content may not only be harmful to freedom of speech and information , but may also ineffective , as in the fast - moving digital environment content reappears as quickly as it is removed . therefore measures taken to restrict the online distribution , or otherwise making available , of content to the public should always be in line with the charter of fundamental rights , should be limited to what is necessary and proportionate and should be executed on the basis of a prior judicial authorisation ,


### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union67 . accordingly this regulation should be interpreted and applied with respect to those rights and principles . when exercising the minimum powers set out in this regulation , the competent authorities should strike an appropriate balance between the interests protected by fundamental rights such as a high level of consumer protection , the freedom to conduct business and freedom of information . _________________ 67 oj c 364 , 18 . 12 . 2000 , p . 1 . ### this regulation respects fundamental rights and observes the principles recognised in particular by the charter of fundamental rights of the european union67 . accordingly this regulation should be interpreted and applied with respect to those rights and principles . when exercising the minimum powers set out in this regulation , the competent authorities should guarantee that the principle of proportionality is respected and strike an appropriate balance between the interests protected by fundamental rights such as a high level of consumer protection , the freedom to conduct business , freedom of expression and freedom of information . _________________ 67 oj c 364 , 18 . 12 . 2000 , p . 1 .


### 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 .


### ‘ 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 ; ### ‘ report’ means the provision of information relating to a breach which has occurred or is likely to occur and / or in the event of a serious , imminent threat or where there is a risk of irreversible damage to human life , the environment and / or public health ;


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


### 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 .


### breach the duty of maintaining the confidentiality of the identity of reporting persons . ### breach the duty of maintaining the confidentiality or the anonymity of the identity of reporting persons without having obtained their consent ;


### damage , including to the person’s reputation , or financial loss , including loss of business and loss of income ; ### damage , including to the person’s reputation and particularly on social media , or financial loss , including loss of business and loss of income ;


### private legal entities with an annual business turnover or annual balance sheet total of eur 10 million or more ### private legal entities with an annual business or group turnover or annual balance sheet total of eur 10 million or more


### 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 .


### member states shall ensure that competent authorities have staff members dedicated to handling reports . dedicated staff members shall receive specific training for the purposes of handling reports . ### member states shall ensure that competent authorities have an adequate number of competent staff members dedicated to handling reports . dedicated staff members shall receive specific training for the purposes of handling reports .


### 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 . ### 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 to ensure that there are effective reporting channels .


### 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 :


### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public interest with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . __________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations . ### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct or omission as well as potential breaches against the protection of the environment remain a serious challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection 41 , the introduction of such protection is necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public interest and the environment with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . __________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations .


### 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 ,


### 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 .


### 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 ;


### 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 articles 16 , 19 , 33 , 43 , 50 , 53 , 62 , 77 , 78 , 79 , 83 , 91 , 100 , 103 , 109 , 114 , 153 , 157 , 168 , 169 , 192 , 207 and 325 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof ,


### 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 . where weaknesses of enforcement have been identified , and whistleblowers are in a privileged position to disclose such breaches , it is necessary to enhance enforcement by ensuring effective protection of whistleblowers from retaliation and to ensure that there are effective reporting channels .


### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can seriously harm the public interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services . whistleblowers’ reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . __________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union . ### the protection of privacy and personal data is another area where whistleblowers are in a privileged position to disclose breaches of union law which can harm the public interest . similar considerations apply for breaches of the directive on the security of network and information systems45 , which introduces notification of incidents and security requirements for entities providing essential services across many sectors and providers of key digital services . whistleblowers’ reporting in this area is particularly valuable to prevent security incidents that would affect key economic and social activities and widely used digital services . it helps ensuring the continuity of services which are essential for the functioning of the internal market and the wellbeing of society . __________________ 45 directive 2016 / 1148 of the european parliament and of the council of 6 july 2016 concerning measures for a high common level of security of network and information systems across the union .


### 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 prevention of breaches of union law requires that protection is also granted to persons who provide information about potential breaches , which have not yet materialised , but are likely to be committed . for the same reasons , protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions . at the same time , protection should not apply to the reporting of information which is already in the public domain or of unsubstantiated rumours and hearsay . ### effective prevention of misconduct or wrongdoing or of breaches of union as well as national law requires that protection is also granted to persons who provide information about potential breaches , which have not yet materialised , but are likely to be committed . for the same reasons , protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions . at the same time , protection should not apply to the reporting of unsubstantiated rumours and hearsay . protection should be given to individuals working in institutions within the union , but also to individuals working in european entities located outside union territory . it should also apply to officials as well as other employees and interns working at the institutions , agencies and bodies of the union .


### 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 .


### 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 ; ### channels for receiving the reports which are designed , set up and operated in a manner that ensures an acknowledgement of the receipt of a report , that ensures the confidentiality or anonymity of the identity of the reporting person and prevents access to non - authorised staff members ;


### a significant cost for reporting persons contesting retaliation measures taken against them in legal proceedings can be the relevant legal fees . although they could recover these fees at the end of the proceedings , they might not be able to cover them up front , especially if they are unemployed and blacklisted . assistance for criminal legal proceedings , particularly in accordance with the provisions of directive 2016 / 1919 of the european parliament and of the council59 and more generally support to those who are in serious financial need might be key , in certain cases , for the effective enforcement of their rights to protection . _________________ 59 directive 2016 / 1919 of the european parliament and of the council of 26 october 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in european arrest warrant proceedings . ### a significant cost for reporting persons contesting retaliation measures taken against them in legal proceedings can be the relevant legal fees . although they could recover these fees at the end of the proceedings , they might not be able to cover them up front , especially if they are unemployed and blacklisted . assistance for criminal legal proceedings , particularly in accordance with the provisions of directive 2016 / 1919 of the european parliament and of the council59 and more generally support to those who are in serious financial need is key for the effective enforcement of their rights to protection . _________________ 59 directive 2016 / 1919 of the european parliament and of the council of 26 october 2016 on legal aid for suspects and accused persons in criminal proceedings and for requested persons in european arrest warrant proceedings .


### in addition to the exemption from measures , procedures and remedies provided for in directive 2016 / 943 , in judicial proceedings , including for defamation , breach of copyright , breach of secrecy or for compensation requests based on private , public , or on collective labour law , reporting persons shall have the right to rely on having made a report or disclosure in accordance with this directive to seek dismissal . ### in addition to the exemption from measures , procedures and remedies provided for in directive 2016 / 943 , in judicial proceedings , including for defamation , breach of copyright , breach of secrecy or for compensation requests based on private , public , or on collective labour law , reporting persons shall have the right to rely on having made a report or disclosure in accordance with this directive to seek dismissal . the reporting persons shall benefit from the best protective measures in member states where the entity in question , or the group of which it is a subsidiary , are located wherever relevant .


### 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 . ### where specific rules on the reporting of breaches are provided for in sector - specific union acts listed in part 2 of the annex , those rules shall apply . the provisions of this directive shall be applicable for all matters relating to the protection of reporting persons not regulated in those sector - specific union acts . this paragraph shall apply only in cases where the protection foreseen in sector - specific acts is higher than the one guaranteed by this directive .


### this directive introduces minimum standards and member states should have the power to introduce or maintain more favourable provisions to the reporting person , provided that such provisions do not interfere with the measures for the protection of concerned persons . ### this directive introduces minimum standards and member states should have the power and be encouraged to introduce or maintain more favourable provisions to the reporting person , provided that such provisions do not interfere with the measures for the protection of concerned persons .


### 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 directly or indirectly 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’ 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 ; ### ‘ retaliation’ means any threatened or actual act or omission prompted by the internal , external reporting or disclosure and which causes or may cause unjustified detriment to the reporting person , suspected reporting person or their family members , relatives and facilitators ;


### 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 .


### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct against the protection of the environment remain a challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection41 , the introduction of such protection appears necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public interest with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . __________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations . ### evidence - gathering , detecting and addressing environmental crimes and unlawful conduct or omission as well as potential breaches against the protection of the environment remain a serious challenge and need to be reinforced as acknowledged in the commission communication ' eu actions to improve environmental compliance and governance ' of 18 january 201840 . whilst whistleblower protection rules exist at present only in one sectorial instrument on environmental protection 41 , the introduction of such protection is necessary to ensure effective enforcement of the union environmental acquis , whose breaches can cause serious harm to the public interest and the environment with possible spill - over impacts across national borders . this is also relevant in cases where unsafe products can cause environmental harm . __________________ 40 com 10 final . 41 directive 2013 / 30 / eu of the european parliament and of the council , of 12 june 2013 , on safety of offshore oil and gas operations .


### physical meeting with dedicated staff members of the competent authority . ### physical meeting with dedicated staff members of the competent authority accompanied , if the reporting person requests it , by a union representative , by a representative of civil society or by his / her legal representative .


### potential whistleblowers who are not sure about how to report or whether they will be protected in the end may be discouraged from reporting . member states should ensure that relevant information is provided in a user - friendly way and is easily accessible to the general public . individual , impartial and confidential advice , free of charge , should be available on , for example , whether the information in question is covered by the applicable rules on whistleblower protection , which reporting channel may best be used and which alternative procedures are available in case the information is not covered by the applicable rules . access to such advice can help ensure that reports are made through the appropriate channels , in a responsible manner and that breaches and wrongdoings are detected in a timely manner or even prevented . ### potential whistleblowers who are not sure about how to report or whether they will be protected in the end may be discouraged from reporting . member states should ensure that relevant information is provided in a user - friendly way and is easily accessible to the general public and should support the work of civil society organisations providing this information . individual , impartial and confidential advice , free of charge , should be available on , for example , whether the information in question is covered by the applicable rules on whistleblower protection , which reporting channel may best be used and which alternative procedures are available in case the information is not covered by the applicable rules . access to such advice can help ensure that reports are made through the appropriate channels , in a responsible manner and that breaches and wrongdoings are detected in a timely manner or even prevented .


### protection of animal welfare as regulated by : ### article 1 protection of animals and health and well - being of animals . provisions and standards on the protection , health and well - being of animals , as regulated in particular by :


### 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 breaches , it is necessary , in order to enhance enforcement of union law , to guarantee safe and effective disclosure of the information and to ensure effective protection of whistleblowers from retaliation .


### 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 .


### reporting persons should be protected against any form of retaliation , whether direct or indirect , taken by their employer or customer / recipient of services and by persons working for or acting on behalf of the latter , including co - workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his / her work - related activities , where retaliation is recommended or tolerated by the concerned person . protection should be provided against retaliatory measures taken vis - à - vis the reporting person him / herself but also those that may be taken vis - à - vis the legal entity he / she represents , such as denial of provision of services , blacklisting or business boycotting . indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work - related connection with the latter’s employer or customer / recipient of services and workers’ representatives who have provided support to the reporting person . ### reporting persons should be protected against any form of retaliation , whether direct or indirect , taken by their employer or customer / recipient of services and by persons working for or acting on behalf of the latter , including co - workers and managers in the same organisation or in other organisations with which the reporting person is in contact in the context of his / her work - related activities , where retaliation is recommended or tolerated by the concerned person . protection should be provided against retaliatory measures taken vis - à - vis the reporting person him / herself but also those that may be taken vis - à - vis the legal entity he / she represents , such as denial of provision of services , blacklisting or business boycotting . protection against retaliation should also be granted to natural or legal persons closely linked to the reporting person , irrespective of the nature of the activities , and whether they are paid or not . indirect retaliation also includes actions taken against relatives of the reporting person who are also in a work - related connection with the latter’s employer or customer / recipient of services and workers’ representatives who have provided support to the reporting person .


### 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 .


### the objective of this directive , namely to strengthen enforcement in certain policy areas and acts where breaches of union law can cause serious harm to the public interest through effective whistleblower protection , cannot be sufficiently achieved by the member states acting alone or in an uncoordinated manner , but can rather be better achieved by union action providing minimum standards of harmonisation on whistleblower protection . moreover , only union action can provide coherence and align the existing union rules on whistleblower protection . therefore , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve this objective . ### the objective of this directive , namely to strengthen enforcement in certain policy areas and acts where breaches of union law can cause harm to the public interest through effective whistleblower protection , cannot be sufficiently achieved by the member states acting alone or in an uncoordinated manner , but can rather be better achieved by union action providing minimum standards of harmonisation on whistleblower protection . moreover , only union action can provide coherence and align the existing union rules on whistleblower protection . therefore , the union may adopt measures in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union . in accordance with the principle of proportionality , as set out in that article , this directive does not go beyond what is necessary in order to achieve this objective .


### ‘ information on breaches’ means evidence about actual breaches as well as reasonable suspicions about potential breaches which have not yet materialised ; ### ‘ information on breaches’ means evidence about actual breaches as well as suspicions about potential breaches which have not yet materialised ;


### 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 ;


### each time a new union act for which whistleblower protection is relevant and can contribute to more effective enforcement is adopted , consideration should be given to whether to amend the annex to the present directive in order to place it under its scope . ### each time a new union act for which whistleblower protection is relevant and can contribute to more effective enforcement is adopted , it should be added to the annex to the present directive in order to place it under its scope .


### 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 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 regardless of the reporting channel chosen .


### effective prevention of breaches of union law requires that protection is also granted to persons who provide information about potential breaches , which have not yet materialised , but are likely to be committed . for the same reasons , protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions . at the same time , protection should not apply to the reporting of information which is already in the public domain or of unsubstantiated rumours and hearsay . ### effective prevention of breaches of union law requires that protection is also granted to persons who provide information about potential breaches , which have not yet materialised , but are likely to be committed . for the same reasons , protection is warranted also for persons who do not provide positive evidence but raise reasonable concerns or suspicions as well as to persons complementing information to issues already in the public domain . at the same time , protection should not apply to the reporting of unsubstantiated rumours and hearsay .


### ‘ disclosure’ means making information on breaches acquired within the work - related context available to the public domain ; ### ‘ disclosure’ means making information on breaches available to the public domain ;


### effective detection and prevention of serious harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law , namely acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose of the law . ### effective detection and prevention of harm to the public interest requires that the information reported which qualifies for protection covers not only unlawful activities but also abuse of law , namely acts or omissions which do not appear to be unlawful in formal terms but defeat the object or the purpose of the law or constitute a danger or potential threat to the public interest .


### any persons working under the supervision and direction of contractors , subcontractors and suppliers . ### any persons working under the supervision and direction of contractors , subcontractors , service providers and suppliers .


### 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 articles 16 , 19 , 33 , 43 , 50 , 53 , 62 , 77 , 78 , 79 , 83 , 91 , 100 , 103 , 109 , 114 , 153 , 157 , 168 , 169 , 192 , 207 and 325 thereof and to the treaty establishing the european atomic energy community , and in particular article 31 thereof ,


### 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 ; ### channels for receiving the reports which are designed , set up and operated in a manner that ensures an acknowledgement of the receipt of a report within 5 working days , that ensures the confidentiality or anonymity of the identity of the reporting person and prevents access to non - authorised staff members . recipients of disclosed information within the workplace shall include , but not be limited to : - line - managers , superiors or representatives of the organisation ; - human resources , ethics officers , work councils or other bodies in charge of mediating conflicts at work , including conflicts of interest ; - internal financial oversight bodies within the organisation ; - disciplinary bodies within the organisation .


### article 13 conditions for the protection of reporting persons 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 . 2 . a person reporting externally shall qualify for protection under this directive where one of the following conditions is fulfilled : he or she first reported internally but no appropriate action was taken in response to the report within the reasonable timeframe referred in article 5 ; b ) internal reporting channels were not available for the reporting person or the reporting person could not reasonably be expected to be aware of the availability of such channels ; c ) the use of internal reporting channels was not mandatory for the reporting person , in accordance with article 4 ; d ) he or she could not reasonably be expected to use internal reporting channels in light of the subject - matter of the report ; e ) he or she had reasonable grounds to believe that the use of internal reporting channels could jeopardise the effectiveness of investigative actions by competent authorities ; f ) he or she was entitled to report directly through the external reporting channels to a competent authority by virtue of union law . 3 . a person reporting to relevant bodies , offices or agencies of the union on breaches falling within the scope of this directive shall qualify for protection as laid down in this directive under the same conditions as a person who reported externally in accordance with the conditions set out in paragraph 2 . 4 . a person publicly disclosing information on breaches falling within the scope of this directive shall qualify for protection under this directive where : he or she first reported internally and / or externally in accordance with chapters ii and iii and paragraph 2 of this article , but no appropriate action was taken in response to the report within the timeframe referred to in articles 6 and 9 ; or b ) he or she could not reasonably be expected to use internal and / or external reporting channels due to imminent or manifest danger for the public interest , or to the particular circumstances of the case , or where there is a risk of irreversible damage . ### article 13 framework for the protection of reporting persons and intermediaries a reporting person or intermediary shall qualify for protection under this directive provided he or she has reasonable grounds to believe that the information reported or disclosed was true at the time of reporting or disclosure and that this information falls within the scope of this directive .


### written reports in electronic or paper format and / or oral report through telephone lines , whether recorded or unrecorded ; ### written reports in electronic or paper format and / or oral report through telephone lines , whether recorded or unrecorded ; in case the phone conversation is recorded , the prior consent of the reporting person is necessary ;


### public health ; ### public health or public safety ;


### 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 ; ### 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 ;


### action taken against reporting persons outside the work - related context , through proceedings , for instance , related to defamation , breach of copyright , trade secrets , confidentiality and personal data protection , can also pose a serious deterrent to whistleblowing . directive 2016 / 943 of the european parliament and of the council58 exempts reporting persons from the civil redress measures , procedures and remedies it provides for , in case the alleged acquisition , use or disclosure of the trade secret was carried out for revealing misconduct , wrongdoing or illegal activity , provided that the respondent acted for the purpose of protecting the general public interest . also in other proceedings , reporting persons should be able to rely on having made a report or disclosure in accordance with this directive as a defence . in such cases , the person initiating the proceedings should carry the burden to prove any intent on the part of the reporting person to violate the law . _________________ 58 directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure . ### action taken against reporting persons outside the work - related context , through proceedings , for instance , related to defamation , breach of copyright , trade secrets , confidentiality and personal data protection , can also pose a serious deterrent to whistleblowing . the protection of whistleblowers provided for in this directive shall prevail over directive 2016 / 943 of the european parliament and of the council58 exempts reporting persons from the civil redress measures , procedures and remedies it provides for that , in case the alleged acquisition , use or disclosure of the trade secret can reasonably be assumed to serve as proof of actual misconduct , wrongdoing or illegal activity , provided that the respondent acted for the purpose of protecting the general public interest . also in other proceedings , reporting persons should be able to rely on having made a report or disclosure in accordance with this directive as a defence . in such cases , the person initiating the proceedings should carry the burden to prove any intent on the part of the reporting person to violate the law . _________________ 58 directive 2016 / 943 of the european parliament and of the council of 8 june 2016 on the protection of undisclosed know - how and business information against their unlawful acquisition , use and disclosure .