Recital 12
Directive on the protection of persons who report breaches of Union law · UE 2019/1937
| (12) | The introduction of a whistleblower protection framework would also contribute to strengthening the enforcement of existing provisions, and to preventing breaches of Union rules, in the area of the food chain and, in particular, on food and feed safety, as well as on animal health, protection and welfare. The different Union rules laid down in those areas are closely interlinked. Regulation (EC) No 178/2002 of the European Parliament and of the Council (13) sets out the general principles and requirements which underpin all Union and national measures relating to food and feed, with a particular focus on food safety, in order to ensure a high level of protection of human health and consumers' interests in relation to food, as well as the effective functioning of the internal market. That Regulation provides, inter alia, that food and feed business operators are prevented from discouraging their employees and others from cooperating with competent authorities where such cooperation could prevent, reduce or eliminate a risk arising from food. The Union legislator has taken a similar approach in the area of animal health through Regulation (EU) 2016/429 of the European Parliament and of the Council (14) establishing the rules for the prevention and control of animal diseases which are transmissible to animals or to humans and in the area of the protection and well-being of animals kept for farming purposes, of animals used for scientific purposes, of animals during transport and of animals at the time of killing, through Council Directive 98/58/EC (15) and Directive 2010/63/EU of the European Parliament and of the Council (16), as well as Council Regulations (EC) No 1/2005 (17) and (EC) No 1099/2009 (18), respectively. |
In Luxembourg, the law of 16 May 2023 on whistleblower protection transposes the Directive without excluding food chain operators and explicitly includes animal health and welfare in its material scope. OFRS is the transversal external authority, but food or veterinary reports may go directly to ALVA (Luxembourg Veterinary and Food Administration). Criminal fines range from EUR 1,250 to EUR 25,000 (doubled on repeat offence), cumulative with Regulation (EC) 178/2002 sanctions.
Luxgap practice: for any ALVA-licensed operator or holder of a sanitary approval, include in your alert policy an explicit reference to ALVA as a sectoral external channel alongside OFRS, and train your contract vets on retaliation protection.