Protected Disclosures (Amendment) Act 2022

(2) Subsection (1) shall not preclude the disclosure of the identity of any person concerned where the prescribed person, the Commissioner or the suitable person, as the case may be, reasonably considers that such disclosure is necessary for the purposes of this Act or where such disclosure is otherwise authorised or required by law, as the case may be.

(3) Sections 7A, 10B, 10C, 10D, 10E, 16B and 22 shall, with any necessary modifications, apply to the protection of the identity of persons concerned as those provisions apply to the protection of the identity of reporting persons.”.

18. Data protection

18. The following section is inserted after section 16A (inserted by section 17) but in Part 3 of the Principal Act:

“16B. (1) (a) The rights and obligations provided for in Articles 12 to 22 and Article 34, and Article 5 in so far as any of its provisions correspond to the rights and obligations in Articles 12 to 22, of the General Data Protection Regulation, and in Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016[^6], are restricted in respect of relevant data—

(i) to the extent necessary and proportionate for the purposes of—

(I) safeguarding the important objectives of general public interest, and

(II) the protection of the data subject or the rights and freedoms of others,

and

(ii) to the extent, and as long as, necessary to prevent and address attempts to hinder reporting or to impede, frustrate or slow down follow-up, in particular investigations, or attempts to find out the identity of reporting persons.

(b) The important objectives of general public interest referred to in paragraph (a) are—

(i) those referred to in section 60(7) of the Data Protection Act 2018, and

(ii) the effective operation of this Act and, in particular, the protections afforded by this Part.

(2) Without prejudice to the generality of subsection (1), a restriction of a right or obligation under that subsection shall be considered necessary and, as the case may be, proportionate for the purposes referred to in paragraph (a) of subsection (1) where the exercise of the right or compliance with the obligation may—

(a) necessitate the disclosure of information that might identify the reporting person where such disclosure would be contrary to section 16, or

(b) prejudice the effective follow-up, including any investigation of the relevant wrongdoing concerned.

(3) Where a restriction of a right or obligation is applied by a relevant person in accordance with subsection (1), the relevant person shall inform the data subject of such restriction, unless to do so would—

(a) necessitate the disclosure of information that might identify the reporting person where such disclosure of information would be contrary to section 16,

(b) prejudice the effective follow-up, including any investigation, of the relevant wrongdoing concerned, or

(c) prejudice the achievement of any of the important objectives of general public interest set out in subsection (1)(b).

(4) Where a relevant person informs a data subject of a restriction in accordance with subsection (3), the relevant person shall also inform the data subject of the possibility of lodging a complaint with the Data Protection Commission or of seeking judicial remedy in relation to such restriction.

(5) A relevant person shall ensure that relevant data in respect of which the relevant person is the controller is stored for no longer than is necessary for the fulfilment of the objective referred to in subsection (1)(b)(i).

(6) A relevant person shall implement technical and organisational measures to prevent the abuse or unlawful access to or transfer of relevant data in respect of which the relevant person is the controller, including but not limited to the following:

(a) the use of secure storage, passwords, encryption and other methods to ensure that the relevant data can only be accessed by persons authorised by the relevant person to access that data;

(b) the use of controls to ensure that the relevant data is only disclosed to persons authorised by the relevant person, or entitled or permitted by law, to receive that data;

(c) data minimisation, including the use of anonymisation and pseudonymisation, where appropriate.

(7) Any processing of personal data pursuant to this Act, including the exchange or transmission of personal data by prescribed persons, the Commissioner and any suitable persons, shall be carried out in accordance with applicable data protection law.

(8) Personal data which are manifestly not relevant for the handling of a specific report shall not be collected or, if accidentally collected, shall be deleted without undue delay.

(9) In this section—

‘relevant data’ means personal data, including special categories of personal data within the meaning of Article 9 of the General Data Protection Regulation and data relating to criminal convictions and offences within the meaning of Article 10 of the General Data Protection Regulation, processed for the purposes of this Act including receiving, dealing with or transmitting a report or follow-up on such a report;

‘relevant person’ means a person to whom a report is made under this Act or any person to whom a report is transmitted in the performance of the first-mentioned person’s functions under this Act.”.

19. Record keeping

19. The following section is inserted after section 16B (inserted by section 18) but in Part 3 of the Principal Act:

“16C. (1) This section applies to a person to whom a report (including an anonymous report) is made or transmitted under this Act (in this section referred to as a ‘person to whom this section applies’).

(2) Subject to subsection (3), a person to whom this section applies shall keep a record of every report made or transmitted to the person under this Act.

(3) (a) A person to whom an anonymous report is made or transmitted under this Act shall make a record, in such form and manner as the person considers appropriate, of its receipt or transmission, as the case may be, and of such information relating to the report as that person considers necessary and appropriate for the purposes of the application of this Act should the reporting person be subsequently identified and penalised for having made the report.

(b) Records made under paragraph (a) shall be retained for no longer than is necessary and proportionate to comply with the provisions of this or any other enactment.

(4) Where a recorded telephone line or another recorded voice messaging system is used to make a report under this Act, subject to the consent of the reporting person, the person to whom this section applies may document the oral reporting in the form of—

(a) a recording of the conversation in a durable and retrievable form, or

(b) a complete and accurate transcript of the conversation prepared by the member of staff designated under section 6A, 7A, 10B, 10C, 10D or 10E for the purposes therein stated by the person to whom this section applies.

(5) Where an unrecorded telephone line or another unrecorded voice messaging system is used to make a report under this Act the person to whom this section applies may document the oral reporting in the form of accurate minutes of the conversation prepared in writing by the member of staff designated under section 6A, 7A, 10B, 10C, 10D or 10E for the purposes therein stated.

(6) Where a reporting person has disclosed his or her identity, and the person to whom this section applies has documented the reporting in the form of a transcript or minutes in accordance with subsection (4) or (5), as the case may be, the person to whom this section applies shall offer the reporting person the opportunity to check, rectify and agree by way of signature the transcript or minutes.

(7) Where a reporting person requests a meeting in person with a member of staff designated under section 6A, 7A, 10B, 10C, 10D or 10E for the purposes therein stated—

(a) the person to whom this section applies shall ensure, subject to the consent of the reporting person, that complete and accurate records of the meeting are kept in a durable and retrievable form, and

(b) the person to whom this section applies may document the meeting in the form of—

(i) an audio recording of the conversation in a durable and retrievable form, or

(ii) accurate minutes of the meeting prepared by a member of staff so designated,

and where the reporting person has disclosed his or her identity, the person to whom this section applies shall offer that reporting person the opportunity to check, verify and agree the minutes of the meeting by signing them.

(8) Reports referred to in subsection (1), shall be retained for no longer than is necessary and proportionate to comply with the provisions of this or any other enactment.

(9) Section 16 applies to records made and reports retained under this section.”.

20. Amendment of Freedom of Information Act 2014

20. The Freedom of Information Act 2014 is amended—

(a) in section 42, by the insertion of the following paragraph after paragraph (j):

“(ja) a record relating to a report, within the meaning of the Protected Disclosures Act 2014, made under that Act, whether the report was made before or after the date of the passing of the Protected Disclosures (Amendment) Act 2022,”,

and

(b) in Part 1 of Schedule 1—

(i) in paragraph (am), by the substitution of “entity;” for “entity.”, and

(ii) by the insertion of the following paragraph after paragraph (am):

“(an) the Office of the Protected Disclosures Commissioner, in the performance of the functions conferred on it by or under the Protected Disclosures Act 2014, other than insofar as it relates to records concerning the general administration of those functions.”.

Chapter 5 Protection measures

21. Amendment of section 12 of Principal Act

21. Section 12 of the Principal Act is amended by the insertion of the following subsections after subsection (7):

“(7A) An employee who claims to have suffered penalisation wholly or mainly for having made a protected disclosure may apply to the Circuit Court for interim relief within 21 days immediately following the date of the last instance of penalisation or such longer period as the Court may allow.

(7B) In this section and Schedule 2, references to ‘employee’ include a worker referred to in paragraphs (d), (g) and (h) of the definition of ‘worker’ in section 3(1).

(7C) In any proceedings by an employee under the Workplace Relations Act 2015 in respect of an alleged contravention of subsection (1), the penalisation shall be deemed, for the purposes of this section, to have been as a result of the employee having made a protected disclosure, unless the employer proves that the act or omission concerned was based on duly justified grounds.”.

22. Amendment of section 13 of Principal Act

22. Section 13 of the Principal Act is amended—

(a) by the insertion of the following subsections after subsection (2):

“(2A) Where the investigation of the relevant wrongdoing concerned was not the sole or main motivation for making the protected disclosure concerned, in determining the amount of any damages to be awarded, in proceedings under this section, to a person to whom detriment is caused, the amount may be up to 25 per cent less than the amount that it would otherwise be.

(2B) In any proceedings under this section in respect of alleged detriment caused to a person, the detriment so caused shall be deemed, for the purposes of this section, to have been caused as a result of the person or another person having made a protected disclosure, unless the person whom it is alleged caused the detriment proves that the act or omission concerned was based on duly justified grounds.”,

and

(b) by the substitution of the following for subsection (3):

“(3) In subsection (1), ‘detriment’ means an act or omission referred to in any of paragraphs (a) to (q) of the definition of ‘penalisation’ in section 3, subject to the modification that references in any of the said paragraphs to a worker shall be read as a reference to the person to whom the detriment is caused.”.

23. Tort action for damage caused by report of false information

23. The following section is inserted after section 13 of the Principal Act:

“13A. A person who suffers damage resulting from the making of a report, where the reporting person knowingly reported false information, has a right of action in tort against the reporting person.”.

24. Offences and penalties

24. The following section is inserted after section 14 of the Principal Act:

“14A. (1) A person who—

(a) hinders or attempts to hinder a worker in making a report,

(b) penalises or threatens penalisation or causes or permits any other person to penalise or threaten penalisation against any of the following:

(i) a reporting person;

(ii) a facilitator;

(iii) any third person who is connected with a reporting person and who could suffer retaliation in a work-related context, including as a colleague or relative of the reporting person;

(iv) any legal entity that a reporting person owns, works for or is otherwise connected with in a work-related context,

(c) brings vexatious proceedings against any person or legal entity referred to in paragraph (b),

(d) breaches the duty of confidentiality in section 16 regarding the identity of reporting persons, or

(e) fails to comply with the requirement in section 6(3) to establish, maintain and operate internal reporting channels and procedures referred to in the said section 6(3),

commits an offence.

(2) A reporting person who makes a report containing any information that he or she knows to be false commits an offence.

(3) A person who commits an offence under subsection (1)(a), (b), (c) or (e) is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €250,000 or to imprisonment for a term not exceeding 2 years, or both.

(4) A person who commits an offence under subsection (1)(d) is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €75,000 or to imprisonment for a term not exceeding 2 years, or both.

(5) A person who commits an offence under subsection (2) is liable—

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €100,000 or to imprisonment for a term not exceeding 2 years, or both.

(6) (a) Where an offence under subsection (1)(a), (b), (c), (d) or (e) or section 10F(14) or 12(5) or (6) has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of a person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate commits an offence and shall be liable to be proceeded against and punished as if he or she committed the first-mentioned offence.

(b) Where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

(7) Summary proceedings for an offence under subsection (1)(e) may be brought and prosecuted by the Workplace Relations Commission.”.

25. Amendment of Schedule 2 to Principal Act

25. Schedule 2 to the Principal Act is amended—

(a) in paragraph 1 by the substitution of the following subparagraph for subparagraph (c)—

“(c) subject to paragraph 2A, require the employer to pay to the employee compensation of such amount (if any) as the adjudication officer considers just and equitable having regard to all the circumstances, but not exceeding—

(i) subject to clause (ii), 260 weeks’ remuneration in respect of the employee’s employment calculated in accordance with regulations under section 17 of the Unfair Dismissals Act 1977, or

(ii) in the case of an employee who is a worker referred to in paragraph (h) of the definition of ‘worker’ in section 3(1), and is not in receipt of remuneration, including allowances in the nature of pay and benefits in lieu of or in addition to pay, from the employer concerned, €15,000.”,

and

(b) by the insertion of the following paragraph after paragraph 2:

“2A. Where the investigation of the relevant wrongdoing was not the sole or main motivation for making the protected disclosure concerned, in determining the amount of compensation that is just and equitable for the purposes of paragraph 1(c), the amount that would be just and equitable may be up to 25 per cent less than the amount that it would otherwise be.”.

Chapter 6 Miscellaneous and supplementary

26. Provision for further review

26. The following section is inserted after section 2 of the Principal Act:

“2A. The Minister shall—

(a) not later than the end of the period of 5 years beginning on the date of the passing of the Protected Disclosures (Amendment) Act 2022 commence a review of the operation of this Act, and

(b) not more than 12 months after the end of the period referred to in paragraph (a) make a report to each House of the Oireachtas of the findings made on the review and the conclusions drawn from those findings.”.

27. Amendment of section 17 of Principal Act

27. Section 17 of the Principal Act is amended, in subsection (2), by the substitution of the following paragraph for paragraph (b):

“(b) if it is taxpayer information (other than taxpayer information that relates to a breach referred to in subparagraph (ii) or (iii) of paragraph (a) of the definition of ‘breach’ in section 3), it is made in the manner specified in section 10 to the Comptroller and Auditor General, or”.

28. Amendment of section 21 of Principal Act

28. (1) The following section is substituted for section 21 of the Principal Act:

“Guidance

21. (1) The Minister may issue guidance for the purpose of assisting—

(a) public bodies in the performance of their functions under sections 6 and 6A,

(b) prescribed persons in the performance of their functions under sections 7 and 7A,

(c) the Commissioner in the performance of his or her functions under sections 7, 7A, 10B, 10C and 10D,

(d) other suitable persons (within the meaning of section 10C or 10D, as the case may be) to whom a report is transmitted by the Commissioner under section 10C(1)(b) or 10D(1)(b)(ii) in the performance of their functions under section 10E, and

(e) Ministers of the Government in respect of the information required to be provided under section 8(4),

and may from time to time revise or re-issue such guidance.

(2) Public bodies, prescribed persons, the Commissioner and other suitable persons (within the meaning aforesaid) shall have regard to any guidance issued under subsection (1) in the performance of their functions under this Act.

(3) The Minister shall publish or cause to be published guidance issued under subsection (1) in such form and manner, including on a website maintained by or on behalf of the Minister, as the Minister considers appropriate.”.

(2) Notwithstanding the amendment of section 21 of the Principal Act by subsection (1), any guidance issued by the Minister under subsection (3) of the said section 21 as it stood enacted before the commencement of this section shall continue to apply, as appropriate, until the Minister issues guidance under paragraph (a) or (b), as the case may be, of the said section 21 after the commencement of this section.

29. Support measures

29. The following section is inserted after section 21 of the Principal Act:

“21A. (1) The Minister shall make available, or cause to be made available, in such a form and manner, as the Minister considers appropriate, that is easily accessible to the public and free of charge, including on a website maintained by or on behalf of the Minister, comprehensive and independent information and advice on—

(a) the making of a protected disclosure and related procedures,

(b) protection against penalisation,

(c) remedies available in respect of penalisation, and

(d) the rights of the person concerned,

under this Act.

(2) Prescribed persons, the Commissioner, or other suitable persons (within the meaning of section 10C or 10D, as the case may be), shall provide to the Workplace Relations Commission, the Labour Court or any court of competent jurisdiction such information as may be required by the body or court concerned for the purposes of making a determination, in any proceedings by a reporting person under this Act, as to whether the reporting person is entitled to the protections provided under this Act.”.

30. Information to Minister and reports

30. The following section is substituted for section 22 of the Principal Act:

“22. (1) Each public body, prescribed person and the Commissioner shall, not later than 1 March in each year, provide the following information to the Minister in respect of the immediately preceding calendar year in a form which does not enable the identification of reporting persons or persons concerned:

(a) the number of reports made to the public body, prescribed person or Commissioner, as the case may be;

(b) in the case of the Commissioner, the number of reports transmitted to the Commissioner under section 8;

(c) in the case of the Commissioner, the number of reports transmitted by the Commissioner under section 10C(1)(b) or 10D(1)(b)(ii) to an other suitable person (within the meaning of section 10C or 10D, as the case may be);

(d) the number of reports transmitted to the public body, prescribed person or Commissioner, as the case may be, under sections 7, 10B, 10C and 10D;

(e) in respect of each report referred to in paragraphs (a) to (d), whether the relevant wrongdoing concerned was a breach;

(f) the number of investigations and proceedings opened by the public body, prescribed person or Commissioner in relation to the relevant wrongdoings concerned as a result of the reports referred to in paragraphs (a) to (d);

(g) the number of investigations and proceedings opened, in the years preceding the year in respect of which the report is being made, by the public body, prescribed person or Commissioner in relation to the relevant wrongdoings concerned that remain open;

(h) the number of investigations and proceedings closed by the public body, prescribed person or Commissioner in relation to the relevant wrongdoings concerned as a result of the reports referred to in paragraphs (a) to (d);

(i) in respect of each closed investigation or proceedings referred to in paragraph (h), the outcome of the investigation or proceedings and the decision taken by the public body, prescribed person or Commissioner;

(j) where relevant and in so far as it can be ascertained, the estimated financial damage and the amounts recovered following any investigation and proceedings referred to in paragraph (h);

(k) such other information relating to the performance of the functions of public bodies, prescribed bodies or the Commissioner, as the case may be under this Act, as may be requested by the Minister.

(2) The information provided under subsection (1) shall be in such format as the Minister may specify.

(3) The Minister shall submit to the Commission of the European Union, in aggregate form, the information provided to him or her under subsection (1) in relation to the reports referred to in paragraph (e) of that subsection.

(4) The Minister shall publish, in aggregate form, the information provided to him or her under subsection (1) on a website maintained by or on behalf of the Minister.

(5) Each public body, prescribed person and the Commissioner shall prepare and publish in such form and manner as the body, person or Commissioner, as the case may be, considers appropriate, including on a website maintained by or on behalf of the public body, prescribed person or Commissioner, as the case may be, not later than 31 March each year a report in respect of the immediately preceding calendar year containing—

(a) a statement confirming that the public body, prescribed person or Commissioner has in place either or both of the following:

(i) internal reporting channels and procedures;

(ii) there are external reporting channels and procedures,

and

(b) the information provided to the Minister under subsection (1).

(6) Where a public body publishes a report of its activities in respect of any calendar year, the information referred to in subsection (5) may be included in the report.

(7) The Commissioner shall, not later than 1 March in each year, provide to the Minister in respect of the immediately preceding calendar year, in a form which does not enable the identification of reporting persons or persons concerned, information regarding the number of reports transmitted by the Commissioner to other persons under sections 10C(1)(b) and 10D(1)(b).

(8) The Minister may request, in writing, from a public body or prescribed person or the Commissioner, as the case may be, such further information relating to the performance of the functions of the public body, prescribed body or Commissioner concerning the implementation of this Act as the Minister may reasonably require for the purposes of this section.

(9) (a) The Commissioner shall, as soon as practicable but not later than 6 months after the end of each year, cause a report on the performance of his or her functions under this Act (in this subsection referred to as the ‘annual report’) to be laid before each House of the Oireachtas and may, from time to time, cause to be laid before each such House such other reports with respect to those functions as he or she thinks fit.

(b) Notwithstanding paragraph (a), if, but for this paragraph, the first annual report would relate to a period of less than 6 months, the first annual report shall relate to that period and to the year immediately following that period and shall be made as soon as practicable, but not later than 6 months after the end of that year.

(c) An annual report shall include information in such form and regarding such matters as the Commissioner thinks fit or as the Minister may direct.

(d) Nothing in this subsection shall be construed as requiring the Commissioner to include information the inclusion of which would, in the opinion of the Commissioner, be likely to prejudice the performance of his or her functions under this Act.”.

31. Interaction of Directive with other enactments

31. The following section is inserted after section 24 of the Principal Act:

“25. (1) This Act is without prejudice to any specific rules on the reporting of breaches as provided for in the sector-specific Union acts listed in Part II of the Annex.

(2) Specific rules on the reporting of breaches referred to in subsection (1) shall continue to apply without prejudice to, and are in addition to, the provisions of this Act in so far as those provisions relate to the reporting of breaches of the sector-specific Union Acts referred to in subsection (1).

(3) Nothing in this Act shall be construed to prevent or prejudice the exercise of any right or entitlement of a person under or relating to any of the specific rules on the reporting of breaches referred to in subsection (1).”.

32. Transitional provisions

32. The Principal Act is amended—

(a) in Part 5, by the insertion of the following section after section 25 (inserted by section 31):

“26. The transitional provisions set out in Schedule 7 shall have effect.”,

and

(b) by the insertion after Schedule 6 (inserted by section 33) of Schedule 7 as set out in Schedule 3 to this Act.”.

33. Annex to Directive

33. The Principal Act is amended by the insertion after Schedule 5 (inserted by section 15) of Schedule 6 as set out in Schedule 2 to this Act.

34. Amendment of Ombudsman Act 1980

34. The Ombudsman Act 1980 is amended, in section 2(3)(b), by the insertion of “(including stated misbehavior in his or her capacity as the holder of the office of Protected Disclosures Commissioner established by section 10A of the Protected Disclosures Act 2014)” after “stated misbehavior”.

35. Amendment of Workplace Relations Act 2015

35. The Workplace Relations Act 2015 is amended—

(a) in Part 2 of Schedule 1, by the insertion of the following paragraph after paragraph 19:

“20. Section 6(3) of the Protected Disclosures Act 2014”,

and

(b) in Schedule 4, by the insertion of the following:

“

No. 14 of 2014	Protected Disclosures Act 2014	Section 6(3)

”.

SCHEDULE 1 Schedule 5 to Principal Act

“Schedule 5

The Protected Disclosures Commissioner

(2) Nothing in subparagraph (1) shall be read so as to prevent the amalgamation of the appropriation accounts and vote of the Office of the Protected Disclosures Commissioner and the Office of the Ombudsman into one appropriation account and one vote.

(a) relate to functions generally or specified functions of the Commissioner, and

(b) be to a specified member or specified members of the Ombudsman’s staff or to such members who are of a specified rank or grade or of a rank or grade not lower than a specified rank or grade, and may delegate different functions or classes of function to different such members or classes of members.

SCHEDULE 2 Annex to Directive

“SCHEDULE 6

ANNEX TO DIRECTIVE

Part I

A. Point (a)(i) of Article 2(1) — public procurement:

(i) Directive 2014/23/EU of the European Parliament and of the Council of 26 February 2014 on the award of concession contracts (OJ L 94, 28.3.2014, p. 1);

(ii) Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65);

(iii) Directive 2014/25/EU of the European Parliament and of the Council of 26 February 2014 on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC (OJ L 94, 28.3.2014, p. 243);

(iv) Directive 2009/81/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, and amending Directives 2004/17/EC and 2004/18/EC (OJ L 216, 20.8.2009, p. 76).

(i) Council Directive 92/13/EEC of 25 February 1992 coordinating the laws, regulations and administrative provisions relating to the application of Community rules on the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ L 76, 23.3.1992, p. 14);

(ii) Council Directive 89/665/EEC of 21 December 1989 on the coordination of the laws, regulations and administrative provisions relating to the application of review procedures to the award of public supply and public works contracts (OJ L 395, 30.12.1989, p. 33).

B. Point (a)(ii) of Article 2(1) — financial services, products and markets, and prevention of money laundering and terrorist financing:

Rules establishing a regulatory and supervisory framework and consumer and investor protection in the Union's financial services and capital markets, banking, credit, investment, insurance and re-insurance, occupational or personal pensions products, securities, investment funds, payment services and the activities listed in Annex I to Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338), as set out in:

(i) Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit and prudential supervision of the business of electronic money institutions amending Directives 2005/60/EC and 2006/48/EC and repealing Directive 2000/46/EC (OJ L 267, 10.10.2009, p. 7);

(ii) Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1);

(iii) Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps (OJ L 86, 24.3.2012, p. 1);

(iv) Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013 on European venture capital funds (OJ L 115, 25.4.2013, p. 1);

(v) Regulation (EU) No 346/2013 of the European Parliament and of the Council of 17 April 2013 on European social entrepreneurship fund (OJ L 115, 25.4.2013, p. 18);

(vi) Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and amending Directives 2008/48/EC and 2013/36/EU and Regulation (EU) No 1093/2010 (OJ L 60, 28.2.2014, p. 34);

(vii) Regulation (EU) No 537/2014 of the European Parliament and of the Council of 16 April 2014 on specific requirements regarding statutory audit of public-interest entities and repealing Commission Decision 2005/909/EC (OJ L 158, 27.5.2014, p. 77);

(viii) Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84);

(ix) Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35);

(x) Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids (OJ L 142, 30.4.2004, p. 12);

(xi) Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise of certain rights of shareholders in listed companies (OJ L 184, 14.7.2007, p. 17);

(xii) Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38);

(xiii) Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1);

(xiv) Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014 (OJ L 171, 29.6.2016, p. 1);

(xv) Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (OJ L 335, 17.12.2009, p. 1);

(xvi) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190);

(xvii) Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council (OJ L 35, 11.2.2003, p. 1);

(xviii) Directive 2014/49/EU of the European Parliament and of the Council of 16 April 2014 on deposit guarantee schemes (OJ L 173, 12.6.2014, p. 149);

(xix) Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes (OJ L 84, 26.3.1997, p. 22);

(xx) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1);

(xxi) Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for business and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937 (OJ L 347, 20.10.2020, p. 1).

C. Point (a)(iii) of Article 2(1) — product safety and compliance:

(i) Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (OJ L 11, 15.1.2002, p. 4);

(ii) Union harmonisation legislation concerning manufactured products, including labelling requirements, other than food, feed, medicinal products for human and veterinary use, living plants and animals, products of human origin and products of plants and animals relating directly to their future reproduction as listed in Annexes I and II to Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 (OJ L 169, 25.6.2019, p. 1);

(iii) Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive)(OJ L 263, 9.10.2007, p. 1).

(i) Directive 2009/43/EC of the European Parliament and of the Council of 6 May 2009 simplifying terms and conditions of transfers of defence-related products within the Community (OJ L 146, 10.6.2009, p. 1);

(ii) Council Directive 91/477/EEC of 18 June 1991 on control of the acquisition and possession of weapons (OJ L 256, 13.9.1991, p. 51);

(iii) Regulation (EU) No 98/2013 of the European Parliament and the Council of 15 January 2013 on the marketing and use of explosives precursors (OJ L 39, 9.2.2013, p. 1).

D. Point (a)(iv) of Article 2(1) — transport safety:

(i) Directive 2008/96/EC of the European Parliament and of the Council of 19 November 2008 on road infrastructure safety management (OJ L 319, 29.11.2008, p. 59);

(ii) Directive 2004/54/EC of the European Parliament and of the Council of 29 April 2004 on minimum safety requirements for tunnels in the Trans-European Road Network (OJ L 167, 30.4.2004, p. 39);

(iii) Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (OJ L 300, 14.11.2009, p. 51).

(i) Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (OJ L 131, 28.5.2009, p. 11);

(ii) Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents (OJ L 131, 28.5.2009, p. 24);

(iii) Directive 2014/90/EU of the European Parliament and of the Council of 23 July 2014 on marine equipment and repealing Council Directive 96/98/EC (OJ L 257, 28.8.2014, p. 146);

(iv) Directive 2009/18/EC of the European Parliament and of the Council of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Council Directive 1999/35/EC and Directive 2002/59/EC (OJ L 131, 28.5.2009, p. 114);

(v) Directive 2008/106/EC of the European Parliament and of the Council of 19 November 2008 on the minimum level of training of seafarers (OJ L 323, 3.12.2008, p. 33);

(vi) Council Directive 98/41/EC of 18 June 1998 on the registration of persons sailing on board passenger ships operating to or from ports of the Member States of the Community (OJ L 188, 2.7.1998, p. 35);

(vii) Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers (OJ L 13, 16.1.2002, p. 9).

E. Point (a)(v) of Article 2(1) — protection of the environment:

(i) Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32);

(ii) Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16);

(iii) Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1);

(iv) Regulation (EU) No 525/2013 of the European Parliament and of the Council of 21 May 2013 on a mechanism for monitoring and reporting greenhouse gas emissions and for reporting other information at national and Union level relevant to climate change and repealing Decision No 280/2004/EC (OJ L 165, 18.6.2013, p. 13);

(v) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

(i) Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3);

(ii) Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (OJ L 330, 10.12.2013, p. 1);

(iii) Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (OJ L 201, 27.7.2012, p. 60).

(i) Directive 1999/94/EC of the European Parliament and of the Council of 13 December 1999 relating to the availability of consumer information on fuel economy and CO2 emissions in respect of the marketing of new passenger cars (OJ L 12, 18.1.2000, p. 16);

(ii) Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (OJ L 309, 27.11.2001, p. 22);

(iii) Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ L 189, 18.7.2002, p. 12);

(iv) Regulation (EC) No 782/2003 of the European Parliament and of the Council of 14 April 2003 on the prohibition of organotin compounds on ships (OJ L 115, 9.5.2003, p. 1);

(v) Directive 2004/35/EC of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage (OJ L 143, 30.4.2004, p. 56);

(vi) Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, 30.9.2005, p. 11);

(vii) Regulation (EC) No 166/2006 of the European Parliament and of the Council of 18 January 2006 concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ L 33, 4.2.2006, p. 1);

(viii) Directive 2009/33/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of clean and energy-efficient road transport vehicles (OJ L 120, 15.5.2009, p. 5);

(ix) Regulation (EC) No 443/2009 of the European Parliament and of the Council of 23 April 2009 setting emission performance standards for new passenger cars as part of the Community's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 140, 5.6.2009, p. 1);

(x) Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, p. 1);

(xi) Directive 2009/126/EC of the European Parliament and of the Council of 21 October 2009 on Stage II petrol vapour recovery during refuelling of motor vehicles at service stations (OJ L 285, 31.10.2009, p. 36);

(xii) Regulation (EU) No 510/2011 of the European Parliament and of the Council of 11 May 2011 setting emission performance standards for new light commercial vehicles as part of the Union's integrated approach to reduce CO2 emissions from light-duty vehicles (OJ L 145, 31.5.2011, p. 1);

(xiii) Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014 on the deployment of alternative fuels infrastructure (OJ L 307, 28.10.2014, p. 1);

(xiv) Regulation (EU) 2015/757 of the European Parliament and of the Council of 29 April 2015 on the monitoring, reporting and verification of carbon dioxide emissions from maritime transport, and amending Directive 2009/16/EC (OJ L 123, 19.5.2015, p. 55);

(xv) Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p. 1).

(i) Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (OJ L 288, 6.11.2007, p. 27);

(ii) Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on environmental quality standards in the field of water policy, amending and subsequently repealing Council Directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ L 348, 24.12.2008, p. 84);

(iii) Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1).

(i) Council Regulation (EC) No 1936/2001 of 27 September 2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish (OJ L 263, 3.10.2001, p. 1);

(ii) Council Regulation (EC) No 812/2004 of 26 April 2004 laying down measures concerning bycatches of cetaceans in fisheries and amending Regulation (EC) No 88/98 (OJ L 150, 30.4.2004, p. 12);

(iii) Regulation (EC) No 1007/2009 of the European Parliament and of the Council of 16 September 2009 on trade in seal products (OJ L 286, 31.10.2009, p. 36);

(iv) Council Regulation (EC) No 734/2008 of 15 July 2008 on the protection of vulnerable marine ecosystems in the high seas from the adverse impacts of bottom fishing gears (OJ L 201, 30.7.2008, p. 8);

(v) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7);

(vi) Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23);

(vii) Regulation (EU) No 1143/2014 of the European Parliament and of the Council of 22 October 2014 on the prevention and management of the introduction and spread of invasive alien species (OJ L 317, 4.11.2014, p. 35).

F. Point (a)(vi) of Article 2(1) — radiation protection and nuclear safety

Rules on nuclear safety, as set out in:

(i) Council Directive 2009/71/Euratom of 25 June 2009 establishing a Community framework for the nuclear safety of nuclear installations (OJ L 172, 2.7.2009, p. 18);

(ii) Council Directive 2013/51/Euratom of 22 October 2013 laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption (OJ L 296, 7.11.2013, p. 12);

(iii) Council Directive 2013/59/Euratom of 5 December 2013 laying down basic safety standards for protection against the dangers arising from exposure to ionising radiation, and repealing Directives 89/618/Euratom, 90/641/Euratom, 96/29/Euratom, 97/43/Euratom and 2003/122/Euratom (OJ L 13, 17.1.2014, p. 1);

(iv) Council Directive 2011/70/Euratom of 19 July 2011 establishing a Community framework for the responsible and safe management of spent fuel and radioactive waste (OJ L 199, 2.8.2011, p. 48);

(v) Council Directive 2006/117/Euratom of 20 November 2006 on the supervision and control of shipments of radioactive waste and spent fuel (OJ L 337, 5.12.2006, p. 21);

(vi) Council Regulation (Euratom) 2016/52 of 15 January 2016 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No 3954/87 and Commission Regulations (Euratom) No 944/89 and (Euratom) No 770/90 (OJ L 13, 20.1.2016, p. 2);

(vii) Council Regulation (Euratom) No 1493/93 of 8 June 1993 on shipments of radioactive substances between Member States (OJ L 148, 19.6.1993, p. 1).

G. Point (a)(vii) of Article 2(1) — food and feed safety, animal health and animal welfare:

(i) Regulation (EU) 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases and amending and repealing certain acts in the area of animal health (‘Animal Health Law’)(OJ L 84, 31.3.2016, p. 1);

(ii) Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation)(OJ L 300, 14.11.2009, p. 1).

(i) Council Directive 98/58/EC of 20 July 1998 concerning the protection of animals kept for farming purposes (OJ L 221, 8.8.1998, p. 23);

(ii) Council Regulation (EC) No 1/2005 of 22 December 2004 on the protection of animals during transport and related operations and amending Directives 64/432/EEC and 93/119/EC and Regulation (EC) No 1255/97 (OJ L 3, 5.1.2005, p. 1);

(iii) Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing (OJ L 303, 18.11.2009, p. 1);

(iv) Council Directive 1999/22/EC of 29 March 1999 relating to the keeping of wild animals in zoos (OJ L 94, 9.4.1999, p. 24);

(v) Directive 2010/63/EU of the European Parliament and of the Council of 22 September 2010 on the protection of animals used for scientific purposes (OJ L 276, 20.10.2010, p. 33).

H. Point (a)(viii) of Article 2(1) — public health:

(i) Directive 2002/98/EC of the European Parliament and of the Council of 27 January 2003 setting standards of quality and safety for the collection, testing, processing, storage and distribution of human blood and blood components and amending Directive 2001/83/EC (OJ L 33, 8.2.2003, p. 30);

(ii) Directive 2004/23/EC of the European Parliament and of the Council of 31 March 2004 on setting standards of quality and safety for the donation, procurement, testing, processing, preservation, storage and distribution of human tissues and cells (OJ L 102, 7.4.2004, p. 48);

(iii) Directive 2010/53/EU of the European Parliament and of the Council of 7 July 2010 on standards of quality and safety of human organs intended for transplantation (OJ L 207, 6.8.2010, p. 14).

(i) Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (OJ L 18, 22.1.2000, p. 1);

(ii) Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67);

(iii) Regulation (EU) 2019/6 of the European Parliament and of the Council of 11 December 2018 on veterinary medicinal products and repealing Directive 2001/82/EC (OJ L 4, 7.1.2019, p. 43);

(iv) Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1);

(v) Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use and amending Regulation (EEC) No 1768/92, Directive 2001/20/EC, Directive 2001/83/EC and Regulation (EC) No 726/2004 (OJ L 378, 27.12.2006, p. 1);

(vi) Regulation (EC) No 1394/2007 of the European Parliament and of the Council of 13 November 2007 on advanced therapy medicinal products and amending Directive 2001/83/EC and Regulation (EC) No 726/2004 (OJ L 324, 10.12.2007, p. 121);

(vii) Regulation (EU) No 536/2014 of the European Parliament and of the Council of 16 April 2014 on clinical trials on medicinal products for human use, and repealing Directive 2001/20/EC (OJ L 158, 27.5.2014, p. 1).

I. Point (a)(ix) of Article 2(1) — consumer protection:

Consumer rights and consumer protection, as regulated by:

(i) Directive 98/6/EC of the European Parliament and of the Council of 16 February 1998 on consumer protection in the indication of the prices of products offered to consumers (OJ L 80, 18.3.1998, p. 27);

(ii) Directive (EU) 2019/770 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the supply of digital content and digital services (OJ L 136, 22.5.2019, p. 1);

(iii) Directive (EU) 2019/771 of the European Parliament and of the Council of 20 May 2019 on certain aspects concerning contracts for the sale of goods, amending Regulation (EU) 2017/2394 and Directive 2009/22/EC, and repealing Directive 1999/44/EC (OJ L 136, 22.5.2019, p. 28);

(iv) Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees (OJ L 171, 7.7.1999, p. 12);

(v) Directive 2002/65/EC of the European Parliament and of the Council of 23 September 2002 concerning the distance marketing of consumer financial services and amending Council Directive 90/619/EEC and Directives 97/7/EC and 98/27/EC (OJ L 271, 9.10.2002, p. 16);

(vi) Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’)(OJ L 149, 11.6.2005, p. 22);

(vii) Directive 2008/48/EC of the European Parliament and of the Council of 23 April 2008 on credit agreements for consumers and repealing Council Directive 87/102/EEC (OJ L 133, 22.5.2008, p. 66);

(viii) Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64);

(ix) Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features (OJ L 257, 28.8.2014, p. 214).

J. Point (a)(x) of Article 2(1) — protection of privacy and personal data, and security of network and information systems:

(i) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications)(OJ L 201, 31.7.2002, p. 37);

(ii) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)(OJ L 119, 4.5.2016, p. 1);

(iii) Directive (EU) 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 (OJ L 194, 19.7.2016, p. 1).

Part II

Article 3 (1) refers to the following Union legislation:

A. Point (a)(ii) of Article 2(1) — financial services, products and markets, and prevention of money laundering and terrorist financing:

(i) Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS)(OJ L 302, 17.11.2009, p. 32);

(ii) Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs)(OJ L 354, 23.12.2016, p. 37);

(iii) Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, 9.6.2006, p. 87);

(iv) Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ L 173, 12.6.2014, p. 1);

(v) Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.2013, p. 338);

(vi) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014,p. 349);

(vii) Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1);

(viii) Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs)(OJ L 352, 9.12.2014, p. 1);

(ix) Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 (OJ L 337, 23.12.2015, p. 1);

(x) Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19);

(xi) Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12).

(i) Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, amending Regulation (EU) No 648/2012 of the European Parliament and of the Council, and repealing Directive 2005/60/EC of the European Parliament and of the Council and Commission Directive 2006/70/EC (OJ L 141, 5.6.2015, p. 73);

(ii) Regulation (EU) 2015/847 of the European Parliament and of the Council of 20 May 2015 on information accompanying transfers of funds and repealing Regulation (EC) No 1781/2006 (OJ L 141, 5.6.2015, p. 1).

B. Point (a)(iv) of Article 2(1) — transport safety:

(i) Regulation (EU) No 376/2014 of the European Parliament and of the Council of 3 April 2014 on the reporting, analysis and follow-up of occurrences in civil aviation amending Regulation (EU) No 996/2010 of the European Parliament and of the Council and repealing Directive 2003/42/EC of the European Parliament and of the Council and Commission Regulations (EC) No 1321/2007 and (EC) No 1330/2007 (OJ L 122, 24.4.2014, p. 18);

(ii) Directive 2013/54/EU of the European Parliament and of the Council of 20 November 2013 concerning certain flag State responsibilities for compliance with and enforcement of the Maritime Labour Convention, 2006 (OJ L 329, 10.12.2013, p. 1);

(iii) Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (OJ L 131, 28.5.2009, p. 57).

C. Point (a)(v) of Article 2(1) — protection of the environment:

(i) Directive 2013/30/EU of the European Parliament and of the Council of 12 June 2013 on safety of offshore oil and gas operations and amending Directive 2004/35/EC (OJ L 178, 28.6.2013, p. 66).”.

SCHEDULE 3 Schedule 7 to Principal Act

“SCHEDULE 7

Transitional Provisions

‘Act of 2022’ means the Protected Disclosures (Amendment) Act 2022;

‘detriment’ has the meaning given to it by section 13.

(a) made a protected disclosure within the meaning of section 5 (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022) before the date of the passing of the Act of 2022, and

(b) was penalised after the date of the passing of the Act of 2022 for having made such a disclosure.

(a) before the date of the passing of the Act of 2022, a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4(a)(iii) of the Act of 2022) made a protected disclosure within the meaning of section 5 (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022), and

(b) after the date of the passing of the Act of 2022, a person caused detriment—

(i) to the worker for having made such a disclosure, or

(ii) to another person because the worker made such a disclosure.

(a) was not a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4(a)(iii) of the Act of 2022),

(b) made a disclosure of relevant information within the meaning of section 5(2) (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022) before the commencement of section 4(a)(iii) of the Act of 2022 (in this paragraph referred to as ‘the disclosure’),

(c) if the disclosure had been made after the commencement of section 4(a)(iii) of the Act of 2022, would—

(i) fall within the definition of ‘worker’ in section 3 (amended by the said section 4(a)(iii)), and

(ii) be an employee to whom section 12 (amended by section 21 of the Act of 2022) and Schedule 2 (amended by section 25 of the Act of 2022) would apply,

and

(d) is penalised after the commencement of section 4(a)(iii) of the Act of 2022.

(a) a person (in this section referred to as the ‘first-named person’)—

(i) was not a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4(a)(iii) of the Act of 2022),

(ii) made a disclosure of relevant information within the meaning of section 5(2) (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022) before the commencement of section 4(a)(iii) of the Act of 2022 (in this paragraph referred to as ‘the disclosure’), and

(iii) if the disclosure had been made after the commencement of section 4(a)(iii) of the Act of 2022, would fall within the definition of ‘worker’ in section 3 (amended by the said section 4(a)(iii)),

and

(b) after the date of the passing of the Act of 2022, a person caused detriment—

(i) to the first-named person for having made the disclosure, or

(ii) to another person because the first-named person made the disclosure.

(a) before the date of the passing of the Act of 2022, a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4(a)(iii) of the Act of 2022) who is or was an employee—

(i) made a protected disclosure within the meaning of section 5 (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022), and

(ii) was penalised for having made such a disclosure,

and

(b) proceedings under section 12 (amended by section 21 of the Act of 2022) are initiated after the commencement of the said section 21.

(a) before the date of the passing of the Act of 2022, a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4(a)(iii) of the Act of 2022)—

(i) made a protected disclosure within the meaning of section 5 (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022), and

(ii) a person caused detriment—

(I) to the worker for having made such a disclosure, or

(II) to another person because the worker made such a disclosure.

and

(b) proceedings under section 13 (amended by section 22 of the Act of 2022) are initiated after the commencement of the said section 22.

(a) before the date of the passing of the Act of 2022, a disclosure of relevant information within the meaning of section 5(2)(being that section in the terms as it stood before the commencement of section 6 of the Act of 2022) was made by a person who—

(i) was not a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4(a)(iii) of the Act of 2022), and

(ii) would fall within the definition of ‘worker’ in section 3 (amended by the said section 4(a)(iii)) if the disclosure had been made after the commencement of the said section 4(a)(iii),

and

(b) proceedings under section 14 or 15, as the case may be, are initiated after the date of passing of the Act of 2022.

(a) a protected disclosure within the meaning of section 5 (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022) made before the date of the passing of the Act of 2022 by a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4(a)(iii) of the Act of 2022);

(b) a disclosure of relevant information within the meaning of section 5(2) (being that section in the terms as it stood before the commencement of section 6 of the Act of 2022) made before the date of the passing of the Act of 2022 by a person who—

(i) was not a worker within the meaning of section 3 (being that section in the terms as it stood before the commencement of section 4(a)(iii) of the Act of 2022), and

(ii) would fall within the definition of ‘worker’ in section 3 (amended by the said section 4(a)(iii)) if the disclosure had been made after the commencement of the said section 4(a)(iii).