Transposition of Directive (EU) 2019/1937

Subject: Transposition of Directive (EU) 2019/1937

As stipulated in Article 11 thereof, Directive (EU) 2019/1937 obliges Member States to designate the authorities competent to receive, give feedback and follow up on reports, and to ensure that those authorities establish independent and autonomous external reporting channels – both public and private – that are responsible for receiving and processing reports.

Member States were required to transpose this directive into national law by 17 December 2021, and to inform the Commission of steps taken to do so at national level. The Commission should have assessed the comprehensiveness of those steps and their conformity with the directive.

Although the directive was formally transposed, the necessary enforcement measures are lacking, which renders it ineffective. ASPERTIC is the only entity to have been recognised as an external reporting channel, following a ruling of the Provincial Court of Barcelona, which has become final. Even still, judges are refusing to enforce the decisions of that entity, claiming that it lacks jurisdiction.

1. What effective, real and current measures can the Commission take to resolve this issue?

2. Given that Article 2 provides for an exception to the exclusive jurisdiction of the courts of the European Union in certain areas, can protection be sought from any court or reporting channel in the Union?

Submitted:25.4.2024

Answer given by Mr Reynders on behalf of the European Commission

(1 July 2024)

On 20 February 2023, Spain adopted Law 2/2023 (1) to transpose Directive EU (2019/1937) (2) and notified it to the Commission (3). The Commission is currently assessing the conformity of national transposition measures in all Member States, including this law, with the directive and will not hesitate to take any further action, including the launch infringement proceedings, as necessary.

As regards the establishment of external reporting channels, Directive (EU) 2019/1937 requires Member States to designate or establish the authorities competent to receive external reports. It is for the Member States to decide to which specific authority or authorities this role should be assigned.

It is also for the national authorities, including national courts, (or for specific EU institutions, agencies and bodies, where relevant) to follow up on reports and address any breaches identified, as well to assess whether reporting persons qualify for protection under the national legal framework, if applicable.

1 ∙ ⸱ Ley 2/2023, de 20 de febrero, reguladora de la protección de las personas que informen sobre infracciones normativas y de lucha contra la corrupción,

available at https://www.boe.es/boe/dias/2023/02/21/pdfs/BOE-A-2023-4513.pdf 2 ∙ ⸱ Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law, OJ L 305, 26.11.2019 (Whistleblower Directive). 3 ∙ ⸱

This also led to the closure of the infringement proceedings initiated in January 2022 for failing to transpose the Whistleblower Directive by the deadline of 17 December 2021.