Recital 11
Directive on the protection of persons who report breaches of Union law · UE 2019/1937
| (11) | Enhancing whistleblower protection would also contribute to preventing and deterring breaches of European Atomic Energy Community rules on nuclear safety, radiation protection and responsible and safe management of spent fuel and radioactive waste. It would also strengthen the enforcement of the relevant provisions of Council Directive 2009/71/Euratom (12), concerning promotion and enhancement of an effective nuclear safety culture and, in particular, point (a) of Article 8b(2) of that Directive, which requires, inter alia, that the competent regulatory authority establishes management systems which give due priority to nuclear safety and promote, at all levels of staff and management, the ability to question the effective delivery of relevant safety principles and practices and to report in a timely manner on safety issues. |
In Luxembourg, the law of 16 May 2023 on whistleblower protection transposes the directive with an extended scope: it covers all areas of law (not only those listed by the EU directive), thus explicitly including nuclear safety and radiation protection even without a nuclear facility on the territory. The threshold is 50 employees for private and public entities, with no threshold for public bodies. The Office of Reports (OFRS) is the transversal external authority, complemented by the Radiation Protection Division for Euratom matters. Criminal sanctions for obstruction or retaliation range from EUR 1,250 to EUR 25,000, doubled in case of recidivism.
Luxgap practice: if you are a Cattenom subcontractor, ADR class 7 carrier or medical operator of radioactive sources, explicitly integrate the Euratom channel into your procedure and train recipients on dual routing OFRS + Radiation Protection Division.
