Protected Disclosures Act 2014

Part 1 · Preliminary and General

Part 2 · Protected Disclosures

Part 2A · Office of the Protected Disclosures Commissioner

Part 3 · Protections

Part 5 · Miscellaneous and Supplementary

Schedule 1 · Interim Relief Pending Determination of Claim for Unfair Dismissal

Section 11.Application for interim relief.1. (1) An employee who claims to have been dismissed by the employee’s employer wholly or mainly for having made a protected disclosure may apply to the Circuit Court for interim relief.(2) The Circuit Court shall not entertain an application for interim relief unless it is presented to the Court before the end of the period of 21 days immediately following the date of dismissal (whether before, on or after that date) or such longer period as the Court may allow.(3) The Court shall determine the application for interim relief as soon as practicable.(4) The employee shall give the employer prior written notice of intention to make the application for interim relief.(5) The Court shall not exercise any power it has of postponing the hearing of an application for interim relief except where it is satisfied that special circumstances exist which justify it in doing so.Procedure on hearing of application and making of order.2. (1) This paragraph applies where, on hearing an employee’s application for interim relief, it appears to the Court that it is likely that there are substantial grounds for contending that dismissal results wholly or mainly from the employee having made a protected disclosure.(2) The Court shall announce its findings and explain to both parties (if present)—(a) what powers the Court may exercise on the application, and(b) in what circumstances it will exercise them.(3) The Court shall ask the employer (if present) whether the employer is willing, pending the determination or settlement of the claim—(a) to reinstate the employee (that is, to treat the employee in all respects as if the employee had not been dismissed), or(b) if not, to re-engage the employee in another position on terms and conditions not less favourable than those which would have been applicable to the employee if the employee had not been dismissed.(4) For the purposes of subparagraph (3)(b) “terms and conditions not less favourable than those which would have been applicable to the employee if the employee had not been dismissed” means, as regards seniority, pension rights and other similar rights, that the period before the dismissal should be regarded as continuous with the employee’s employment following the dismissal.(5) If the employer states a willingness to reinstate the employee, the Court shall make an order to that effect.(6) If the employer—(a) states a willingness to re-engage the employee in another position, and(b) specifies the terms and conditions on which the employer is willing to do so,the Court shall ask the employee whether he or she is willing to accept the position on those terms and conditions.(7) If the employee is willing to accept the position on those terms and conditions, the Court shall make an order to that effect.(8) If the employee is not willing to accept the position on those terms and conditions—(a) where the Court is of the opinion that the refusal is reasonable, the Court shall make an order for the continuation of the employee’s contract of employment, and(b) otherwise, the Court shall make no order.(9) If on the hearing of an application for interim relief the employer—(a) fails to attend before the Court, or(b) states an unwillingness either to reinstate or to re-engage the employee as mentioned in subparagraph (3),the Court shall make an order for the continuation of the employee’s contract of employment.Order for continuation of contract of employment.3. (1) An order under paragraph 2 for the continuation of an employee’s contract of employment is an order that the contract of employment continue in force—(a) for the purposes of pay or any other benefit derived from the employment, seniority, pension rights and other similar matters, and(b) for the purposes of determining for any purpose the period for which the employee has been continuously employed,from the date of its termination (whether before or after the making of the order) until the determination or settlement of the claim.(2) Where the Court makes such an order it shall specify in the order the amount which is to be paid by the employer to the employee by way of pay in respect of each normal pay period, or part of any such period, falling between the date of dismissal and the determination or settlement of the claim.(3) Subject to the following provisions, the amount so specified shall be that which the employee could reasonably have been expected to earn during that period, or part, and shall be paid—(a) in the case of a payment for any such period falling wholly or partly after the making of the order, on the normal pay day for that period, and(b) in the case of a payment for any past period, within such time as may be specified in the order.(4) If an amount is payable in respect only of part of a normal pay period, the amount shall be calculated by reference to the whole period and reduced proportionately.(5) Any payment made to an employee by an employer under his or her contract of employment, or by way of damages for breach of that contract, in respect of a normal pay period, or part of any such period, goes towards discharging the employer’s liability in respect of that period under subparagraph (2) ; and, conversely, any payment under that subparagraph in respect of a period goes towards discharging any liability of the employer under, or in respect of breach of, the terms and conditions of employment or contract of employment in respect of that period.(6) If an employee, on or after being dismissed, receives a lump sum which, or part of which, is in lieu of wages but is not referable to any normal pay period, the Court shall take the payment into account in determining the amount of pay to be payable in pursuance of any such order.(7) For the purposes of this paragraph, the amount which an employee could reasonably have been expected to earn, the employee’s normal pay period and the normal pay day for each such period shall be determined as if the employee had not been dismissed.Application for variation or revocation of order.4. (1) At any time between—(a) the making of an order under paragraph 2, and(b) the determination or settlement of the claim,the employer or the employee may apply to the Court for the revocation or variation of the order on the ground of a relevant change of circumstances since the making of the order.(2) Paragraphs 1 and 2 apply in relation to such an application as in relation to an original application for interim relief except that, in the case of an application by the employer, paragraph 1(4) has effect with the substitution of a reference to the employee for the reference to the employer and of a reference to the employer for the reference to the employee.Consequence of failure to comply with order.5. (1) If, on the application of an employee, the Court is satisfied that the employer has not complied with the terms of an order for the reinstatement or re-engagement of the employee under paragraph 2, the Court shall—(a) make an order for the continuation of the employee’s contract of employment, and(b) order the employer to pay compensation to the employee.(2) Compensation under subparagraph (1)(b) shall be of such amount as the Court considers just and equitable in all the circumstances having regard—(a) to the infringement of the employee’s right to be reinstated or re-engaged in pursuance of the order, and(b) to any loss suffered by the employee in consequence of the non-compliance.(3) Paragraph 3 applies to an order under subparagraph (1)(a) as in relation to an order under paragraph 2.(4) If on the application of an employee the Court is satisfied that the employer has not complied with the terms of an order under subparagraph (1)(a) for the continuation of the employee’s contract of employment subparagraph (5) or (6) applies.(5) Where the non-compliance consists of a failure to pay an amount by way of pay specified in the order, the Court shall determine the amount owed by the employer on the date of the determination.(6) In any other case, the Court shall order the employer to pay the employee such compensation as the Court considers just and equitable in all the circumstances having regard to any loss suffered by the employee in consequence of the non- compliance.(7) Any sum awarded to the employee on the determination of the claim that he or she has been unfairly dismissed shall be specified separately from any amount determined under subparagraph (5).

Schedule 2 · Redress for Contravention of section 12(1)

Section 12.Decision under section 41 of Workplace Relations Act 20151. A decision of an adjudication officer under section 41 of the Workplace Relations Act 2015 in relation to a complaint of a contravention of section 12(1) shall do one or more of the following, namely—(a) declare that the complaint was or, as the case may be, was not well founded,(b) require the employer to take a specified course of action,(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.Decision of Labour Court on appeal from decision referred to in paragraph 12. A decision of the Labour Court under section 44 of the Workplace Relations Act 2015, on appeal from a decision of an adjudication officer referred to in paragraph 1, shall affirm, vary or set aside the decision of the adjudication officer.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.Paragraphs 1 and 2: supplementary provisions.3.Enforcement of determinations of Labour Court.4.Provisions relating to winding up and bankruptcy.5.Amendment of Protection of Employees (Employers’ Insolvency) Act 1984.6.

Schedule 3 · Disclosures Recipient

Section 18.Appointment.(1) The Taoiseach shall appoint as the Disclosures Recipient a person who is a judge or retired judge of the High Court.Term of office.2. (1) The Disclosures Recipient shall hold office for an initial term of 5 years and is eligible for re-appointment for one further term of 5 years.(2) The Disclosures Recipient may at any time resign by letter addressed to the Taoiseach, and the resignation takes effect on the date the Taoiseach receives the letter.(3) The Taoiseach may remove the Disclosures Recipient from office, but only for stated misbehaviour or for incapacity.(4) A person ceases to be the Disclosures Recipient on being—(a) nominated as a member of Seanad Éireann,(b) elected as a member of either House of the Oireachtas or of the European Parliament,(c) regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to the European Parliament to fill a vacancy, or(d) becoming a member of a local authority.Terms and conditions.3. The terms and conditions (including terms relating to allowances for expenses and, in the case of a person who is a retired judge of the High Court, terms relating to remuneration) on which the Disclosures Recipient holds office are such as may be determined at the time of appointment (or re-appointment) by the Taoiseach after consultation with the Minister for Public Expenditure and Reform.Administration and support services.4.Functions.5. Where a protected disclosure is made to the Disclosures Recipient under section 18, the Disclosures Recipient shall consider the relevant information and—(a) if he or she considers that the disclosure of relevant information is not one to which section 18 applies, shall give notice to the person by whom the disclosure was made stating that, and(b) otherwise, shall make a report—(i) referring the relevant information for consideration by the holder of such public office, or such public body, as appears to the Disclosures Recipient to be the most appropriate to consider the relevant information, and(ii) including any such recommendations for the taking of action in relation to the relevant information as the Disclosures Recipient may consider appropriate.Reports.6. No later than 31 March in each year the Disclosures Recipient shall submit to the Taoiseach a report on his or her activities in the immediately preceding year.

Schedule 4 · Amendments

Section 24.PART 1 Amendment of Acts Section 24(1). Item (1) Short title, number and year (2) Provision affected (3) Amendment (4) 1 Protections for Persons Reporting Child Abuse Act 1998 (No. 49 of 1998) Section 3 After subsection (2) insert— “(3) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 4 After subsection (1) insert— “(1A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 5 After subsection (1) insert— “(1A) This section does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 2 Prevention of Corruption (Amendment) Act 2001 (No. 27 of 2001) Section 8A (a) After subsection (2) insert— “(2A) Subsection (1) does not apply to a communication, or furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. (b) After subsection (5) insert— “(5A) Subsection (5) does not apply to a communication, or furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 3 Standards in Public Office Act 2001 (No. 31 of 2001) Section 5 After subsection (2) insert— “(2A) Subsection (1) does not apply to the making of a complaint, or the furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 4 Competition Act 2002 (No. 14 of 2002) Section 50 (a) After subsection (2) insert— “(2A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. (b) After subsection (3) insert— “(3A) Subsection (3) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. (c) After subsection (5) insert— “(5A) Subsection (5) does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 5 Communications Regulation Act 2002 (No. 20 of 2002) Section 24A After subsection (2) insert— “(2A) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 24B After subsection (1) insert— “(1A) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 24C Renumber as subsection (1) and after that subsection insert— “(2) Subsection (1) does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 6 Health Act 2004 (No. 42 of 2004) Section 55L After subsection (3) insert— “ (4) This section does not apply where the protected disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 55M After subsection (1) insert— “(1A) Subsection (1) does not apply where the protected disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 55S After subsection (1) insert— “(1A) This section does not apply where the disclosure is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 7 Employment Permits Act 2006 (No. 16 of 2006) Section 26 After subsection (3) insert— “(3A) Subsection (3) does not apply where the complaint is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 8 Consumer Protection Act 2007 (No. 19 of 2007) Section 87 (a) After subsection (2) insert— “(2A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. (b) After subsection (3) insert— “(3A) Subsection (3) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. (c) After subsection (5) insert— “(5A) Subsection (5) does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 9 Chemicals Act 2008 (No. 13 of 2008) Section 25 Renumber as subsection (1) and after that subsection insert— “(2) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 26 After subsection (1) insert— “(1A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 10 Charities Act 2009 (No. 6 of 2009) Section 61 Renumber as subsection (1) and after that subsection insert— “(2) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 62 After subsection (1) insert— “(1A) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 11 National Asset Management Agency Act 2009 (No. 34 of 2009) Section 222 After subsection (3) insert— “ (4) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 223 After subsection (3) insert— “(3A) Subsection (3) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 224 After subsection (1) insert— “(1A) Subsection (1) does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 12 Inland Fisheries Act 2010 (No. 10 of 2010) Section 37 After subsection (3) insert— “(4) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 38 After subsection (1) insert— “(1A) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 39 After subsection (1) insert— “(1A) This section does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 13 Criminal Justice Act 2011 (No. 22 of 2011) Section 20 After subsection (1) insert— “(1A) Subsection (1) does not apply to the making of a disclosure that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 21 After subsection (1) insert— “(1A) Subsection (1) does not apply to the making of a disclosure that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 14 Property Services (Regulation) Act 2011 (No. 40 of 2011) Section 67 (a) After subsection (2) insert— “(2A) Subsection (1) does not apply to a communication, or furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. (b) After subsection (3) insert— “(3A) Subsection (3) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. (c) After subsection (5) insert— “(5A) Subsection (5) does not apply to a communication, or furnishing of information, that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 15 Protection of Employees (Temporary Agency Work) Act 2012 (No. 13 of 2012) Section 21 Renumber as subsection (1) and after that subsection insert— “(2) Subsection (1) does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 22 After subsection (1) insert— “(1A) This section does not apply to the making of a statement that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 23 After subsection (1) insert— “(1A) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Section 24 After subsection (1) insert— “(1A) Subsection (1) does not apply to the making of a complaint that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 16 Further Education and Training Act 2013 (No. 25 of 2013) Section 34 After subsection (3) insert— “(4) This section does not apply to a communication that is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. 17 Central Bank (Supervision and Enforcement) Act 2013 (No. 26 of 2013) Section 38 (a) After subsection (1) insert— (1A) Subsection (1) does not apply to a disclosure that is a protected disclosure within the meaning of the Protected Disclosures Act 2014. ”. (b) In subsection (4) (a), after “disclosures” insert “and disclosures which would be protected disclosures but for subsection (1A)”.PART 2 Amendment of Statutory Instrument Section 24(2). Item (1) Citation, number and year (2) Provision affected (3) Amendment (4) 1 European Communities (Occurrence Reporting in Civil Aviation) Regulations 2007 (S.I. No. 285 of 2007) Regulation 5 After paragraph (3) insert— “(4) Paragraph (3) (b) does not apply where the making of the report or the giving of the information is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Regulation 6 After paragraph (3) insert— “(4) Paragraph (3) does not apply where the making of the report or the giving of the information is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Regulation 9 After paragraph (7) insert— “(8) Paragraphs (4) to (7) do not apply where the making of the report is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”. Regulation 11 After paragraph (3) insert— “(4) Paragraph (1) does not apply where the making of the report or the giving of the information is a protected disclosure within the meaning of the Protected Disclosures Act 2014.”.

Schedule 5 · The Protected Disclosures Commissioner Section 10A

1. The Commissioner shall be assisted by such and so many officers and staff of the Ombudsman as may be designated from time to time by the Ombudsman for the purpose of staffing the Office of the Protected Disclosures Commissioner and any such designation may be revoked at any time.2. (1) For the purposes of the Comptroller and Auditor General Acts 1866 to 1998, the person who stands appointed as the accounting officer for the appropriation accounts of the Office of the Ombudsman shall also be the accounting officer for the appropriation accounts of the Office of 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.3. The Commissioner may delegate in writing any of the functions of the Commissioner to a person designated under paragraph 1.4. A delegation under paragraph 3 may—(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.5. A delegation under paragraph 3 may be revoked in whole or in part or amended in writing by the Commissioner.6. A delegation under paragraph 3 shall operate, so long as it continues in force, to confer on and vest in the person to whom any function is delegated that function so delegated.7. References in this Act to the Commissioner shall be construed, where appropriate having regard to the context and any delegation under paragraph 3, as including references to any person to whom functions stand delegated by the delegation.

Schedule 6 · Annex to directive

Part IA. Point (a)(i) of Article 2(1) — public procurement:1. Rules of procedure for public procurement and the award of concessions, for the award of contracts in the fields of defence and security, and for the award of contracts by entities operating in the fields of water, energy, transport and postal services and any other contract, as set out in:(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).2. Review procedures regulated by:(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:1. Safety and compliance requirements for products placed in the Union market, as defined and regulated by:(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).2. Rules on marketing and use of sensitive and dangerous products, as set out in:(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:1. Safety requirements in the railway sector, as regulated by Directive (EU) 2016/798 of the European Parliament and of the Council of 11 May 2016 on railway safety (OJ L 138, 26.5.2016, p. 102).2. Safety requirements in the civil aviation sector, as regulated by Regulation (EU) No 996/2010 of the European Parliament and of the Council of 20 October 2010 on the investigation and prevention of accidents and incidents in civil aviation and repealing Directive 94/56/EC (OJ L 295, 12.11.2010, p. 35).3. Safety requirements in the road sector, as regulated by:(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).4. Safety requirements in the maritime sector, as regulated by:(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).5. Safety requirements, as regulated by Directive 2008/68/EC of the European Parliament and of the Council of 24 September 2008 on the inland transport of dangerous goods (OJ L 260, 30.9.2008, p. 13).E. Point (a)(v) of Article 2(1) — protection of the environment:1. Any criminal offence against the protection of the environment as regulated by Directive 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28) or any unlawful conduct infringing the legislation set out in the Annexes to Directive 2008/99/EC.2. Rules on the environment and climate, as set out in:(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).3. Rules on sustainable development and waste management, as set out in:(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).4. Rules on marine, air and noise pollution, as set out in:(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).5. Rules on the protection and management of water and soil, as set out in:(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).6. Rules relating to the protection of nature and biodiversity, as set out in:(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).7. Rules on chemicals, as set out in Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).8. Rules relating to organic products, as set out in Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).F. Point (a)(vi) of Article 2(1) — radiation protection and nuclear safetyRules 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:1. Union food and feed law governed by the general principles and requirements as defined by Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (OJ L 31, 1.2.2002, p. 1).2. Animal health, as regulated by:(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).3. Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation) (OJ L 95, 7.4.2017, p. 1).4. Rules and standards on the protection and well-being of animals, as set out in:(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:1. Measures setting high standards of quality and safety of organs and substances of human origin, as regulated by:(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).2. Measures setting high standards of quality and safety for medicinal products and devices of medical use, as regulated by:(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).3. Patients' rights, as regulated by Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare (OJ L 88, 4.4.2011, p. 45).4. Manufacture, presentation and sale of tobacco and related products, as regulated by Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, 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). .(iv) Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (Digital Markets Act) (OJ L 265, 12.10.2022, p. 1).Part IIArticle 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:1. Financial services:(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).(xii) Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (OJ L 150, 9.6.2023, p. 40).2. Prevention of money laundering and terrorist financing:(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 7 · Transitional Provisions

1. In this Schedule—"Act of 2022" means the Protected Disclosures (Amendment) Act 2022;"detriment" has the meaning given to it by section 13.2. Subject as provided for therein, section 12 (amended by section 21 of the Act of 2022) and Schedule 2 (amended by section 25 of the Act of 2022) shall apply where 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—(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.3. Subject as provided for therein, section 13 (amended by section 22 of the Act of 2022) shall apply where—(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.4. Subject as provided for therein, section 12 (amended by section 21 of the Act of 2022) and Schedule 2 (amended by section 25 of the Act of 2022) shall apply to a person who—(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 2022.5. Subject as provided for therein, section 13 (amended by section 22 of the Act of 2022) shall apply where—(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.6. Subject as provided for therein, section 12 (amended by section 21 of the Act of 2022) and Schedule 2 (amended by section 25 of the Act of 2022) shall apply where—(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 21.7. Subject as provided for therein, section 13 (amended by section 22 of the Act of 2022) shall apply where—(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 22.8. Sections 14 and 15 shall apply where—(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 2022.9. Sections 16 (amended by section 16 of the Act of 2022), 16A and 16B shall apply to the following disclosures:(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).10. Notwithstanding the amendments of this Act made by the Act of 2022, and paragraphs 2 to 9, anything commenced under this Act but not completed before the commencement of those amendments may be carried on and completed after the commencement of those amendments as if those amendments had not been made.