Internal reporting to the Ministry of Agriculture, Food and Viticulture

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Whistleblowers who report breaches of legal rules are protected against all forms of retaliation.

A uniform European legal framework has been created to protect whistleblowers in certain fields of action of the European Union (hereinafter 'EU').

Luxembourg has 22 competent authorities. You can contact the Office for Whistleblowers to obtain general information on the competent authority for the type of report in question.

The Ministry of Agriculture, Food and Viticulture (hereinafter referred to as 'Ministry'), in collaboration with the Government Information Technology Centre, has launched an online assistant on MyGuichet.lu which allows whistleblowers to submit internal reports on breaches within the Ministry without authentication.

You are encouraged to submit an internal report first before submitting an external report to one of the competent authorities designated by the law of 16 May 2023 (Article 18), unless internal reporting could be detrimental to you (e.g. retaliation by your employer).

Who is concerned

Whistleblowers working in the private or public sector who have acquired information concerning breaches in a work-related context (current, past or future employment relationship), such as:

  • salaried workers (including civil servants and State employees);
  • job candidates;
  • persons whose work relationship has been terminated;
  • persons who are self-employed;
  • shareholders and members of an administrative, management or supervisory body of a company, including non-executive members;
  • volunteers and paid or unpaid trainees;
  • anyone working under the supervision and direction of contractors, subcontractors and suppliers.

The protection also extends to:

  • facilitators (natural persons assisting whistleblowers on a confidential basis);
  • colleagues or relatives of the whistleblower who could suffer retaliation;
  • legal entities that the whistleblower owns, works for or is otherwise connected with in a work-related context;
  • persons who have reported or disclosed information on breaches anonymously, but who are subsequently identified and suffer retaliation;
  • persons reporting breaches to relevant institutions, bodies, offices or agencies of the EU.

The protection in question does not apply to:

  • reporting of breaches relating to national security;
  • whistleblowers whose relationships are covered by:
    • medical confidentiality;
    • the confidentiality of lawyer-client relations;
    • the professional secrecy to which a notary or court bailiff is bound;
    • the secrecy of judicial deliberations;
    • rules on criminal procedure.

How to proceed

What can be reported?

As a whistleblower, you can report any breach of national law and/or European Union law, that is to say, acts or omissions that:

  • are unlawful; or
  • defeat the object or the purpose of the directly applicable rules of national law or European law.

You can communicate any information, including reasonable suspicions, concerning:

  • actual or potential breaches; and/or
  • attempts to conceal such breaches,

which have occurred or are very likely to occur

  • in the organisation in which you work or have worked; or
  • with which you are or have been in contact through your work.

Please note: You may not disclose information which you have acquired or to which you have gained access by committing a criminal offence.

What are the conditions for protection?

To be protected against all forms of retaliation, you must:

  • have had reasonable grounds to believe that the information on breaches reported was true at the time of reporting and that such information falls within the scope of the law; and
  • have made a report:
    • either internally: through the reporting channels of your company or administration;
    • or externally: through the reporting channels of the competent authority;
    • or by way of public disclosure: following external reporting that yielded no satisfactory result.

Submission of an internal report to the ministry

If, as a whistleblower, you wish to report breaches to the Ministry, you can contact them in Luxembourgish, French, German or English:

  • via the 'Whistleblower' procedure without authentication on the secure MyGuichet.lu platform; or
  • by email to: signalement@ma.etat.lu, or
  • by post (not recommended):

Ministère de l’Agriculture, de l’Alimentation et de la Viticulture
1, rue de la Congrégation
L-1352 Luxembourg

The secure MyGuichet.lu platform is to be preferred insofar as this channel provides the best possible guarantee of independence and autonomy for the receipt and processing of reports of breaches received in accordance with the law of 16 May 2023.

The ministry's reporting channel guarantees the completeness, integrity and confidentiality of the information transmitted. The information transmitted in this way is accessible only to certain authorised staff, who are bound by professional secrecy.

Any processing of personal data carried out under the law of 16 May 2023 is carried out in accordance with 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.

As a public authority processing personal data, the ministry is bound to respect the obligations incumbent on it in its capacity as a data controller.

If you have any questions regarding the processing of your personal data by the Ministry, you may contact the Ministry's DPO by email at: dpo@ma.etat.lu.

A whistleblower who knowingly reports or publicly discloses false information may be sentenced to a term of imprisonment of between 8 days and 3 months and a fine of between EUR 1,500 and EUR 50,000.

A person making a false report may incur civil liability. An entity suffering damage in consequence of this may claim compensation for the prejudice suffered before a court of law.

Online services and forms

Who to contact

Ministry of Agriculture, Food and Viticulture Reporting

Address:
1, rue de la Congrégation L-1352 Luxembourg Luxembourg

Ministry of Justice Office for Whistleblowers

Address:
13, rue Erasme L-1468 Luxembourg
Email address:
info@osig.lu

Related procedures and links

Links

Further information

Whistleblower

on the website of the Ministry of Justice

Legal references

Loi du 16 mai 2023

portant transposition de la directive (UE) 2019/1937 du Parlement européen et du Conseil du 23 octobre 2019 sur la protection des personnes qui signalent des violations du droit de l’Union.

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