Activities of Beata KEMPA related to 2022/0051(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937
Amendments (5)
Amendment 477 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 months and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments. Monitoring of the environmental impact of an organisation can be carried out, including by organisations outside the EU, by means of a ready-made, voluntary and credible instrument such as the Eco-Management and Audit Scheme (EMAS), whose functioning is governed by Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community eco-management and audit scheme (EMAS), repealing Regulation (EC) No 761/2001 and Commission Decisions 2001/681/EC and 2006/193/EC. Under EMAS, the company is required to undergo an annual internal audit and a verification audit by an independent body called an environmental verifier. EMAS furthermore requires the annual publication of an updated environmental statement, which ensures the automatic implementation of the obligation in Article 11 of the proposed directive. In view of the above, it is worth considering including regulatory relief or burden reductions for organisations participating in EMAS within the provisions of the proposed directive, as declared in Article 44 of Regulation (EC) 1221/2009;
Amendment 482 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that companies that are not subject to reporting requirements under Articles 19a and 29a of Directive 2013/34/EU report on the matters covered by this Directive by publishing on their website an annual statement in a language customary in the sphere of international businessthe national language and in English. The statement shall be published by 30 April each year, covering the previous calendar year.
Amendment 517 #
Proposal for a directive
Article 17
Article 17
Amendment 521 #
Proposal for a directive
Article 17 a (new)
Article 17 a (new)
Article 17 a Regulatory Authority If it is deemed necessary to appoint a regulatory authority: - it should be a single authority, established by a law transposing the directive into the national legal order, - the law should also provide for a mechanism for public oversight of this regulatory authority, - in addition, the authority should draw on the past experience of the OECD NCP and the lessons learned from proceedings before the OECD NCP concerning notifications of potential breaches by companies of the OECD Guidelines for Multinational Enterprises.
Amendment 522 #
Proposal for a directive
Article 18
Article 18