Preliminary assessment of the second payment request of Romania

establish measures to protect them against retaliation.

Transposition of the Directive’s Article 22 - Measures for the protection of persons concerned

The provisions of the Directive’s Article 22 have been transposed by the Law's Article 25 with respect to measures on protection of identity of subjects of reports and to third parties and their right of defence.

Transposition of the Directive’s Article 23 - Sanctions

The provisions of the Directive’s Article 23 have been transposed by the Law's Articles 23 (1) to (7), 28 (1) to (2), and 30 (1) to (3), which establish sanctions for hindering reporting, retaliation, or breaches of confidentiality, as well as penalties for the knowing reporting of false information.

Transposition of the Directive’s Article 24 - No waiver of rights and remedies

The provisions of the Directive’s Article 24 have been transposed by the Law’s Article 27, which ensures the rights and remedies in the Law cannot be waived or limited by any agreement.

Transposition of the Directive’s Article 25 - More favourable treatment and non-regression clause

This provision allows Member States to grant more favourable standards and prohibits the reduction of protection already offered in the implementation of the directive. These provisions do not require transposition in Romanian legislation.

Transposition of the Directive’s Article 26 - Transposition and transitional period

The provisions of the Directive’s Article 26 have been transposed by the Law’s Article 36 which establishes the entry into law, the transitional period allowed under the directive, as well as obligations on providing information and reporting.

The law shall include additional provisions, specific to the national context, in order to efficiently address integrity policy issues.

The additional provisions specific to the national context included in the Law refer to the appointment of the National Integrity Agency as competent authority to receive, give feedback and follow-up on the reports received from the whistle-blowers. i. Article 3(15)(b) of the Law establishing that the authority competent to receive reports of breaches of the law is the National Integrity Agency – thus ensuring efficiency by appointing a certain authority in charge with receiving the whistleblowers’ reports. ii. Articles 12-17 of the Chapter IV of the Law regulating the Reporting through external reporting channels through which the competencies, responsibilities and obligations of the Agency in handling the whistleblowers reports are established – thus ensuring an efficient mechanism for processing the whistleblowers’ reports. iii. Article 34 of the Law on the establishment of the specialised structure within the Agency having the task to solve the whistleblowers reports – thus making sure that the necessary

human resources will be appointed in order to efficiently process the whistleblowers’ reports.

Commission Preliminary Assessment: Satisfactorily fulfilled

Number: 433     Related Measure: Reforming the national procurement system
Name of the Milestone: Entry into force of the amendment of national legislation on remedies (Law

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