14 Amendments of Josianne CUTAJAR related to 2022/0051(COD)
Amendment 112 #
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47a) Exemptions should be considered in relation to SMEs that are subject to the obligations set out in this Directive and that operate in the sector of quarrying of materials used for the construction of traditional houses, which facilitates the preservation of traditional local architecture.
Amendment 132 #
Proposal for a directive
Recital 60 a (new)
Recital 60 a (new)
(60a) Full compensation under this Directive shall not lead to overcompensation, whether by means of punitive, multiple or other types of damages.
Amendment 139 #
Proposal for a directive
Recital 64 a (new)
Recital 64 a (new)
(64a) However, the framework assigning responsibility of due diligence to the company’s directors should, under no circumstances, be capable of leading to double punishment for the same act, in accordance with the legal principle ne bis in idem. It shall also take into account the nature and the severity of the infringement, whilst seeking to ensure uniform implementation across the Union.
Amendment 208 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4a. Micro-undertakings as defined in Article 3(1) of Directive 2013/34/EU shall not be subject to the obligations laid down in this Directive.
Amendment 248 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 357 #
Proposal for a directive
Article 7 – paragraph 2 – point d
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME with which the company has an established business relationship, including access to capacity-building, guidance, financial support or participation in collaborative initiatives, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
Amendment 378 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – introductory part
Article 7 – paragraph 5 – subparagraph 1 – introductory part
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shall, after having taken into consideration the importance of critical supplies, and where the law governing their relations so entitles them to, take the following exceptional actions:
Amendment 404 #
Proposal for a directive
Article 8 – paragraph 3 – point e
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate support for an SME with which the company has an established business relationship, including access to capacity-building guidance, financial support or participation in collaborative initiatives, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME;
Amendment 423 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2 a (new)
Article 8 – paragraph 6 – subparagraph 2 a (new)
Member States shall ensure that companies engage in a timely manner, efficiently and meaningfully with stakeholders impacted by the decision to suspend or terminate the business relationship before making that decision, and shall address the adverse impacts derived from those actions.
Amendment 463 #
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, and where appropriate with international bodies having expertise in due diligence, mayshall issue guidelines, including for specific sectors or specific adverse impacts.
Amendment 469 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall, in order to provide information and support to companies and the partners with whom they have established business relationships in their value chains in their efforts to fulfil the obligations resulting from this Directive, set up and operate individually or jointly dedicated websites, platforms or portals. Specific consideration shall be given, in that respect, to the SMEs that are present in the value chains of companies.
Amendment 470 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may financiallyshall provide financial and technical support to SMEs. in order to help them comply with the obligations set out in this Directive, in particular those operating along the value chains
Amendment 499 #
Proposal for a directive
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. When companies referred to in Article 3, point (i) are subject to the obligations set out in this Directive in consideration of the notion of value chain, the due diligence assessment shall be carried out by the Supervisory Authorities provided for under Article 17. This shall be carried out in accordance with documented standard procedures, leading the Supervisory Authority to issue a certification to the aforementioned companies, which may be presented to upstream and downstream companies upon request.
Amendment 519 #
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) they intentionally or negligently failed to comply with the obligations laid down in Articles 7 and 8 and;