Submission of a Report Pursuant to the Whistleblower Directive
The Moravian-Silesian Region, having its registered office at 28. října 117, 702 18 Ostrava, ID No.: 70890692 as an obliged entity pursuant to 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 (hereinafter referred to as the “Whistleblower Directive”) hereby informs about fundamental principles and rules on the basis of which reports can be made about breaches of EU law.
Scope pursuant to the Whistleblower Directive and rights of reporting persons
- The Whistleblower Directive applies to the following areas:
- public procurement;
- financial services, products and markets, and prevention of money laundering and terrorist financing;
- product safety and compliance;
- transport safety;
- protection of the environment;
- radiation protection and nuclear safety;
- food and feed safety, animal health and welfare;
- public health;
- consumer protection;
- protection of privacy and personal data, and security of network and information systems;
- protection of the financial interests of the Union, as referred to in Article 325 TFEU and as further specified in relevant Union measures;
- breaches relating to the internal market, as referred to in Article 26(2) TFEU, including breaches of Union competition and State Aid rules, as well as breaches relating to the internal market in relation to acts which breach the rules of corporate tax or to arrangements the purpose of which is to obtain a tax advantage that defeats the object or purpose of the applicable corporate tax law.
- A reporting person who has a reasonable suspicion that unlawful conduct or other breaches of obligations falling within the scope of the Directive are taking place in the organisation in which he or she is employed can report such conduct in good faith without any fear of retaliation. The right to report shall also be enjoyed by the employees of those entities that are in a contractual or similar relationship with the Moravian-Silesian Region, provided that their reasonable suspicion about unlawful conduct or other breaches of obligation falling within the scope of the Directive arose within the framework of the work of those employees in connection with the contractual relationship concerned.
- The reporting person shall have the right of initial choice of whether to use, for his or her report, the internal reporting system, an external reporting system, or make his or her report through law-enforcement authorities. It is recommended that the disclosure option is used only after an unsuccessful treatment of a report submitted through the reporting channels referred to in the previous sentence.
- The reporting person shall have the right to protection if he submitted a report through an internal reporting system, an external reporting system, by disclosure, through law-enforcement authorities, or through the publication of a notice. The reporting person is guaranteed maximum protection; guaranteed, in particular, are their anonymity and the confidentiality of the information stated in the report.
- The reporting person has the right to be informed about the receipt of the report within 7 days of its receipt by the obliged entity.
- The reporting person has the right to be informed about the process of investigation of the report submitted by them, provided it does not disrupt the investigation itself or does not harm the rights of other persons. The reporting person shall not be entitled to a copy of documents pertaining to the investigation.
- The reporting person has the right to be informed about the outcome of the investigation of the report submitted by him or her and about any measures proposed, if the report proved to be well-founded, within 3 months of the submission of the report. The obligation to inform the reporting person stated in the previous sentence shall also apply in situations when the competent person assesses the report as unfounded.
Contents of the report
- The report shall include, in particular:
- date on which the report was lodged;
- name, surname, date of birth, and contact details of the reporting person;
- scope pursuant to the Directive (see – Scope);
- summary of the substance and contents of the report, including identification of the persons concerned by the report, if their identity is known;
- evidence on the basis of which the report is being submitted.
- The reporting person may use model reports to submit his or her report.
Methods of submitting reports
Reports may be submitted to competent persons using the following methods:
- Orally (in person) in the building of the Regional Authority of the Moravian-Silesian Region at 28. října 117, 702 18 Ostrava, upon agreement with the competent person, in the order shown below. A written record shall be made of a report submitted orally, or another method of recording the report being made shall be chosen, upon agreement and with the consent of the reporting person (e.g., by making an audio recording);
- In writing at the filing office of the Regional Authority of the Moravian-Silesian Region at 28. října 117, 702 18 Ostrava. Such reports must be submitted in a sealed envelope that must be legibly marked "WHISTLEBLOWING – NEOTVÍRAT" (whistleblowing – do not open);
- By telephone at: +420 800 720 760
Operating hours of our telephone line:
Mondays, Wednesdays 9:00 a.m. – 5:00 p.m.
Tuesdays, Thursdays: 9:00 a.m. – 2:30 p.m.
Fridays: 9:00 a.m. – 1:00 p.m.
All telephone calls are recorded, and the whistleblower understands this and agrees thereto.
- Electronically at the following e‑mail address firstname.lastname@example.org or by completing the form:
Only competent persons are authorised to accept reports from reporting persons and to conduct other related activities. Several competent persons have been appointed in the Moravian-Silesian Region, who receive reports in the following order:
- Tomáš Večerek
- Martin Vymětal
- Václav Těžký
- Petr Pospíšil
- Ivana Durczoková
Office hours for the public:
Monday, Wednesday: 8 am to 5 pm
Tuesday, Thursday: 8 am to 2.30 pm
Friday: 8 am to 1 pm