18 Amendments of Hildegard BENTELE related to 2022/0051(COD)
Amendment 267 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 309 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means an adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part IIinciples set out in the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises and the UN Guiding Principles on Business and Human Rights as regards the environment;
Amendment 423 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information made available by the Member States, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaintsnotification procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
Amendment 441 #
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 and mitigation, develop and implement a prevention or mitigation action plan, with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. The prevention or mitigation action plan shall be developed in consultation with affected stakeholders where relevant; companies are encouraged to develop their action plans in cooperation with sectoral initiatives and industry schemes;
Amendment 497 #
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, where reasonable and applicable, by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate and commensurate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact as well as to its resources and leverage;
Amendment 505 #
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, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuonitoring improvement. Where relevant, the corrective action plan shall be developed in consultation with relevant stakeholders;
Amendment 506 #
Proposal for a directive
Article 8 – paragraph 3 – point b a (new)
Article 8 – paragraph 3 – point b a (new)
(ba) set up a prioritisation strategy on the basis of Principle 17 of the UN Guiding Principles on Business and Human Rights Companies shall consider the level of severity, likelihood and urgency of the different actual adverse impacts on human rights or the environment, the nature and context of their operations, including geographic, the scope of the risks, their scale and how irremediable they might be, and if necessary, use the prioritisation policy in dealing with them;
Amendment 544 #
Proposal for a directive
Article 9 – title
Article 9 – title
Amendment 551 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintnotifications may be submitted by:
Amendment 555 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable grounds to believe that they might be directly affected by an adverse impact,
Amendment 568 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) civil society organisations with a legitimate interest and active in the areas related to the valuesupply chain concerned.
Amendment 576 #
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainants are entitledinformants are entitled to request appropriate follow-up on the notification from the company with which they filed the notification pursuant to paragraph 1
Amendment 578 #
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
Amendment 580 #
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 609 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
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, European Innovation Council and SMEs executive agency (EISMEA) and where appropriate with international bodies having expertise in due diligence, may issue guidelines, including for specific sectors or specific adverse impacts. ; (a) in digital, free of charge and easily accessible format; (b) including for specific sectors or specific adverse impacts; (c) including lists of risk areas whether sectoral or geographic; (d) including an overview on applicable industry initiatives; (e) including practical guidance on how proportionality and prioritisation, in terms of impacts, sectors and geographical areas, may be applied to due diligence obligations depending on the size and sector of the undertaking; 2. The guidelines shall be made available no later than 18 months after the date of entry into force of this Directive. The Commission shall periodically review the relevance of its guidelines and adapt them to new best practices. 3. Country fact-sheets shall be updated regularly by the Commission and made publicly available in order to provide up-to-date information on the international Conventions and Treaties ratified by each of the Union’s trading partners. The Commission shall collect and publish trade and customs data on origins of raw materials, and intermediate and finished products, and publish information on human rights, environmental and governance potential or actual adverse impacts risks associated with certain countries or regions, sectors and sub-sectors, and products.
Amendment 620 #
Proposal for a directive
Article 15
Article 15
Amendment 775 #
Proposal for a directive
Annex I
Annex I
Amendment 792 #
Proposal for a directive
Annex I – Part II
Annex I – Part II