48 Amendments of Marc BOTENGA related to 2022/0051(COD)
Amendment 29 #
Proposal for a directive
Recital 3
Recital 3
(3) In its Communication on a Strong Social Europe for Just Transition75, the Commission committed to upgrading Europe’s social market economy to achieveing a just transition to sustainability and to taking account of social, gender equality and environmental issues. This Directive will also contribute to the European Pillar of Social Rights, which promotes rights ensuring fair working conditions. It forms part of the EU policies and strategies relating to the promotion of decent work worldwide, including in global value chains, as referred to in the Commission Communication on decent work worldwide76. . _________________ 75 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Strong Social Europe for Just Transitions (COM/2020/14 final). 76 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery, COM(2022) 66 final.
Amendment 66 #
Proposal for a directive
Recital 32
Recital 32
(32) In line with international standards, prevention and mitigation as well as bringing to an end and minimisation of adverse impacts should primarily take into account the interests of workers and those adversely impacted. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a last-resort action,This Directive should ensure that all appropriate measures are taken to prevent, mitigate and put an end to potential or actual adverse impacts. Termination of business relations (disengagement) should only be a last resort, so as not to risk exacerbating adverse impacts, including in line with the Union`s policy of zero- tolerance on child labour. TerminatingMoreover, the termination of a business relationship does not affect the liability of an undertaking for the actual impacts generated during the relationship. As regards the termination of a business relationship in which child labour was found, disengagement could expose the child to even more severe adverse human rights impacts. Thise interests of children should therefore be taken into account as a first step when deciding on the appropriate action to take to prevent or mitigate such adverse effects. In the case of disengagement, Member States must ensure that reparations include financial compensation, guarantees of non- recurrence and measures to support children’s recovery and reintegration into school.
Amendment 77 #
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and environmental adverse impacts. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual, civil society organisations and individuals who are affected or have reasonable grounds to believe that they might be affected by an adverse impact. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
Amendment 119 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to all companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions:operating in the EU.
Amendment 120 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 126 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 132 #
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:This Directive shall apply to all companies operating in the EU.
Amendment 134 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point i
Article 2 – paragraph 1 – point b – point i
Amendment 137 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
Amendment 141 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
Amendment 162 #
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated on a full-time equivalent basis. Tthis Directive, part-time employees and temporary agency workers shall be included in the calculation of the number of employees in the same way as if they were workers employed directly for the same period of time by the company.
Amendment 163 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 1 (new)
Article 2 – paragraph 3 – subparagraph 1 (new)
For the purposes of this Directive, full- time employees, part-time employees and temporary agency workers of the company’s subsidiaries should be included in the calculation of the number of workers of a company in the same way as if they were workers employed directly for the same period of time by the company.
Amendment 166 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 8
Article 3 – paragraph 1 – point a – point iv – indent 8
Amendment 171 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘adverse human rights impact’ means any adverse impact on protected persons resulting from the violation of onea person or group of people affecting access to one or several of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrinnd established inby the international conventions listed in the Annex, Part I Section 2relevant case-law and work of the competent authorities;
Amendment 182 #
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals or subcontractors, the workers in its value chain, in trade unions and workers’ representatives. Stakeholders may also include: (i) individual and group defenders of human rights, the climate, environmental rights and good governance; (ii) NGOs; (iii) other people, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and/or subcontractors and its business relationships;
Amendment 199 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct describingfining the rules and principles to be followed by the company’s employees and subsidiaries; management board, directors, subsidiaries, subcontractors, and entities with which the company or its subsidiaries have business relationships. The code of conduct shall be designed to guarantee the company respects human rights, the environment and good governance. The unions and stakeholders, as defined in Article 3(1) point (n), should be fully involved in the drawing up of this code of conduct;
Amendment 205 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes and measures put in place to implement due diligence across the value chain, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationshipsis Directive.
Amendment 206 #
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) a description of the appropriate measures put in place to address potential or actual adverse impacts identified;
Amendment 208 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies update and publish their due diligence policy annuallys soon as they have identified a new potential or actual adverse impact, and at least once per year. These policies shall be accessible and published on the supervisory authority’s website in at least the language of the country of establishment.
Amendment 220 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and assessing the adverse impacts referred to in paragraph 1 based on, where appropriate,, companies collect and analyse quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reportsincluding disaggregated data. Companies should use of appropriate resources, including public information and reports, information provided to them and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevtrade unions, workers’ representatives antd stakeholders to gather information on actual or potential adverse impacts. Trade unions and workers’ representatives shall be informed and consulted within good time prior to any decision being taken.
Amendment 228 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defineda timelines for actionppropriate measures and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders; with trade unions and workers’ representatives, in consultation with stakeholders. The appropriate measures should apply, where applicable, to a company’s own activities, to its subsidiaries as well as to its direct and indirect business relationships.Companies should, where appropriate: (i) adapt processes, operations and projects; (ii) if necessary, cease processes, operations and projects.
Amendment 254 #
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensto address the actual impacts that have been or should have been identified, companies shall be required to develop and implement a correctiveactionplan, accompanied by appropriate measures with reasonable and clearly defined timelines and qualitative and quantitative indicators for measuring improvements. The corrective action plan should be developed in consultation towith the affected communitrade unions, workers’ representatives. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impac and stakeholders. The appropriate measures should apply, where applicable, to the company's activities, to its subsidiaries as well as to its direct and indirect business relationships. If the company is not able to stop or minimise all actual adverse impacts simultaneously, the plan should include a prioritisation strategy that takes into account the level of severity and probability of each actual adverse impact on human rights and the environment;
Amendment 261 #
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end,companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for actionthe implementation of appropriate measures and qualitative and quantitative indicators for measuring improvement. Where relevant, tThe corrective action plan shall be developed in consultation with stakeholdersthe trade unions, workers’ representatives and stakeholders, and should be made public;
Amendment 291 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintappeals may be submittraised by:
Amendment 296 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value chain concerned,
Amendment 301 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the value chain concerned.
Amendment 304 #
Proposal for a directive
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(c a) whistleblowers, including those outside of the company and the company's subsidiaries.
Amendment 308 #
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainantthose making the appeal and their representatives are entitled:
Amendment 312 #
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) to requestceive relevant and appropriate written follow-up onfrom the complaint from the companyappeal mechanism with which they have filed a complaint pursuant to paragraph 1, thus providing a substantiated explanation as to whether a complaint has been found to be unfounded or justified; and
Amendment 315 #
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) to engage with the appeal mechanism directly and meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaintappeal.
Amendment 319 #
Proposal for a directive
Article 9 – paragraph 4 – point b a (new)
Article 9 – paragraph 4 – point b a (new)
(b a) to receive guarantees of non- retaliation, confidentiality and anonymity for all affected and potentially affected parties to the appeal;
Amendment 322 #
Proposal for a directive
Article 9 – paragraph 4 – point b b (new)
Article 9 – paragraph 4 – point b b (new)
(b b) to receive relevant and timely information on the steps and actions taken with regard to a specific appeal filed with the independent appeal mechanism.
Amendment 335 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, the European Labour Authority and where appropriate with international bodies of the UN, ILO and the Council of Europe having expertise in due diligence, mayust issue guidelines, including for specific sectors, contexts and areas, or specific adverse impacts.
Amendment 337 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a Review of the competences of the European Labour Authority to include due diligence The European Commission should review the competences of the European Labour Authority with a view to broadening its scope of activity, objectives and tasks and to include due diligence. 2. The European Labour Authority shall assist the Member States and the Commission on matters concerning the effective implementation and enforcement of EU law on due diligence, including: (i) monitoring compliance with due diligence rules by European and non- European companies operating on European territory; (ii) facilitating coordination between Member States; (iii) verifying and monitoring the list of European and non-European companies covered by this directive; (iv) supporting Member States in monitoring the turnover of non-European companies in the European Union; 3. The European Labour Authority may be aided in this task by representatives of supervisory authorities, of trade unions and of workers, as well as stakeholders.
Amendment 376 #
Amendment 378 #
Proposal for a directive
Annex I – Part Première – indent 6 a (new)
Annex I – Part Première – indent 6 a (new)
- The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families;
Amendment 381 #
Proposal for a directive
Annex I – Part Première – indent 11 a (new)
Annex I – Part Première – indent 11 a (new)
- The International Convention for the Protection of All Persons from Enforced Disappearance;
Amendment 382 #
Proposal for a directive
Annex I – Part Première – indent 11 b (new)
Annex I – Part Première – indent 11 b (new)
- The Declaration on Human Rights Defenders;
Amendment 383 #
Proposal for a directive
Annex I – Part Première – indent 13 a (new)
Annex I – Part Première – indent 13 a (new)
- The ILO Centenary Declaration for the Future of Work (2019);
Amendment 396 #
Proposal for a directive
Annex I – Part Première – indent 20 a (new)
Annex I – Part Première – indent 20 a (new)
- Convention No 155 on Occupational Safety and Health (1981) and the 2022 Protocol thereto;
Amendment 397 #
Proposal for a directive
Annex I – Part Première – indent 20 b (new)
Annex I – Part Première – indent 20 b (new)
- The European Social Charter;
Amendment 398 #
Proposal for a directive
Annex I – Part Première – indent 20 c (new)
Annex I – Part Première – indent 20 c (new)
- The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention);
Amendment 399 #
Proposal for a directive
Annex I – Part Première – indent 20 d (new)
Annex I – Part Première – indent 20 d (new)
- The Council of Europe Convention on Action against Trafficking in Human Beings,
Amendment 400 #
Proposal for a directive
Annex I – Part Première – indent 20 e (new)
Annex I – Part Première – indent 20 e (new)
Amendment 401 #
Proposal for a directive
Annex I – Part Première – indent 21 a (new)
Annex I – Part Première – indent 21 a (new)
- Convention No 187 on the Promotional Framework for Occupational Safety and Health (2006);
Amendment 403 #
Proposal for a directive
Annex I – Part Première – indent 23 a (new)
Annex I – Part Première – indent 23 a (new)
- Convention No 190 on Violence and Harassment (2019);
Amendment 406 #
Proposal for a directive
Annex I – Part Première – indent 23 b (new)
Annex I – Part Première – indent 23 b (new)
- Convention No 158 on Termination of Employment (1982);
Amendment 408 #
Proposal for a directive
Annex I – Part Première – indent 23 c (new)
Annex I – Part Première – indent 23 c (new)
- The European Convention on Human Rights;