Activities of Anne-Sophie PELLETIER 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 (66)
Amendment 46 #
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their established direct and indirect business relationships throughout their value chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s value chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 58 #
Proposal for a directive
Recital 20
Recital 20
Amendment 90 #
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 take into account the interests of 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, in line with the Union`s policy of zero-tolerance on child labour. Terminating a business relationship in which child labour was found could expose the child to even more severe adverse human rights impacts. This should therefore be taken into account when deciding on the appropriate action to take. For instance, contributions to ending the child labour should include adjusting pricing practices to ensure a decent living of families and farmers, supporting children’s access to education and require the supplier to avoid child labour.
Amendment 117 #
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 andbut are not limited to workers and their representatives, local communities, Indigenous Peoples, citizens’ associations, trade unions, human rights and environmental defenders, civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual 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 161 #
Proposal for a directive
Article -1 (new)
Article -1 (new)
Article -1 1. This Directive aims to ensure that undertakings respect human rights, labour law and protect the environment in all their operations and business relationships, including in the operations of their subsidiaries and their value chains.
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companieundertakings regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operationproducts and services, the operations, products and services of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and
Amendment 167 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
Article 1 – paragraph 1 – subparagraph 1 – point b
(b) on liability for violations of the obligations mentioned above, including on access to justice and legal remedies to victims for damages suffered in relations to these violations.
Amendment 171 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 174 #
Proposal for a directive
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Directive shall not constitute grounds for reducing the level of protection of human rights, including access to justice and legal remedies, or of protection of the environment or the protection of the climate provided for by the law of Member States at the time of the adoption of this Directive.
Amendment 177 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions:all undertakings operating in the internal market.
Amendment 179 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 183 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 196 #
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to large undertakings and publicly listed small and medium-sized companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions: .
Amendment 198 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 204 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 205 #
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. Tand 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 companyundertaking.
Amendment 209 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
Amendment 212 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) ‘undertaking’ covers any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed. Any activity consisting in offering goods or services on a given market is an economic activity.
Amendment 213 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means an: (i) any adverse impact on one of the following environmental categories: (a) air, including but not limited to, air pollution; (b) water, including but not limited to, water pollution, water contamination and depletion of freshwater; (c) soil, including but not limited to, soil pollution, soil contamination, soil erosion, land use and land degradation; (d) biodiversity, including but not limited to, damage to wildlife, seabed and marine environment, flora, natural habitats and ecosystems; (e) climate, including greenhouse gas emissions; (f) transition to circular economy, including but not limited to, impairment to reusability and recyclability such as contamination of waste streams with hazardous substance; (ii) any adverse impact on the environment resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions, including, but not limited to those listed in the Annex, Part II;
Amendment 214 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘adverse human rights impact’ means an adversy negative impact on protected persons resulting from the violation of one of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrined in the international conventions listedan individual or a group affecting the enjoyment of human rights, as enshrined in the international conventions; in particular the rights listed in the Annex, Part I Section 2 and especially the protected position in the Annex, Part I Section 2;1.
Amendment 216 #
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) ‘business relationship’ means a relationship between an undertaking, or one of its subsidiaries, with a contractor, subcontractor or any other legal entities (‘partner’) within their value chain
Amendment 220 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 226 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 241 #
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
Amendment 242 #
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, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that companyotential or actual adverse impacts on human rights, climate and the environment posed by an undertaking, its subsidiaries andor its business relationships;. ii) other legal or natural persons defending human rights and environment iii) organisations whose statutory purpose is the defence of human rights, climate and the environment and good governance.
Amendment 263 #
Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
Amendment 264 #
Proposal for a directive
Article 3 – paragraph 1 – point q b (new)
Article 3 – paragraph 1 – point q b (new)
(qb) "High risk areas" means geographical areas associated with a higher likelihood or severity of adverse impacts on human rights, the environment or good governance. These areas include: (i) Areas affected by occupation or armed conflict; (ii) Areas affected by systemic adverse impacts on human rights, the environment or good governance, including due to lower protection of human rights, the environment or good governance by public authorities; (iii) Environmentally sensitive areas, including high seas and areas protected under national, regional or international standards and legislation, including Natura 2000 and the IUCN Green List of Protected and Conserved Areas;
Amendment 266 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companiesall undertakings respect human rights and the environment. Member States shall ensure undertakings identify, prevent, mitigate and account for how they address the impacts on human and social rights, the environment and good governance occurring directly or indirectly in their value chains, and conduct their human rights and environmental due diligence as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
Amendment 269 #
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) preventing and mitigating potential adverse impacts, and bringing actual adverse impacts to an end and minimising their extent in accordance with Articles 7 and 8;
Amendment 271 #
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(c a) In particular, Member States shall ensure that undertakings conduct human rights and environmental due diligence as laid down in Articles 5 to 11 (‘due diligence’) in close and fair collaboration with trade unions and workers representatives, and in consultation with every potentially affected stakeholders.
Amendment 281 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy shall be developed in consultation with stakeholders and contain all of the following:
Amendment 284 #
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) a description of the company’s approach, including in the long term, to due diligenceundertaking's due diligence strategy in the short and long term, including a description and publication of the potential or actual adverse impacts already identified by the undertaking, and a description of the adequate measures put in place to address these impacts;
Amendment 286 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct describing rules and principles to be followed by the company’'s employees and subsidiariesboard of directors and subsidiaries, as well as across all corporate functions and operations. The code of conduct shall be designed to ensure the respect of human rights, the environment and good governance by the undertaking;
Amendment 292 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationshipinto the undertakings' business models and strategies, especially with regard to their prices policy and procurement practices.
Amendment 294 #
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(c a) Member States shall ensure that shareholders undertakings exercise due diligence with regards to their voting policy.
Amendment 297 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies update their due diligence postrategy are made publicly annuallyvailable and regularly updated, at least once a year.
Amendment 300 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify and assess actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4in accordance with paragraph 2, 3 and 4. 2. When identifying adverse impacts, undertakings should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices.
Amendment 311 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 319 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 321 #
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, companies are entitled toshall make use of appropriate resources, including independent reportspublicly accessible information and reports, information communicated 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.
Amendment 334 #
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(a a) refrain from entering into business relations with potential business partners that cannot reasonably be expected to respect human rights, the environment or good governance in the course of its activities;
Amendment 335 #
Proposal for a directive
Article 7 – paragraph 2 – point a b (new)
Article 7 – paragraph 2 – point a b (new)
(a b) adapt processes, operations and projects, or cease it, where necessary.
Amendment 349 #
Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(e a) (ea) as regards undertakings that detain shares, exercise their voting rights with a view to prevent adverse impacts on human rights, the environment and good governance.
Amendment 377 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 380 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to bring actual adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Articlemitigate and bring to an end actual adverse impacts related to their own activities, products and services, those of their subsidiaries and those occurring in their value chain.
Amendment 387 #
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 compensation to the affected communities. 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 impact;
Amendment 394 #
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,Undertakings shall develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, tThe corrective action plan shall be developed with trade unions and workers’ representatives, in consultation with stakeholders;.
Amendment 407 #
Proposal for a directive
Article 8 – paragraph 3 – point f a (new)
Article 8 – paragraph 3 – point f a (new)
(f a) adapt processes, operations and projects, or cease it, where necessary.
Amendment 426 #
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 436 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. 1b.Member States shall ensure that grievance or complaint mechanisms, as referred to in paragraph 1, shall be legitimate, accessible, predictable, safe, equitable, transparent, rights-compatible and adaptable.Such mechanisms shall provide for the possibility to raise concerns either anonymously or confidentially, as appropriate in accordance with national law. Member States shall ensure that affected rights holders, trade unions, workers’ representatives and relevant stakeholders play a central role in the design and evaluation of such independent complaint mechanisms and in the provision of remedy.
Amendment 453 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) civil society organisations active in withe areas related to the value chain concerned legitimate interest.
Amendment 455 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2 a. Member States shall ensure that undertakings provide information to actual and potentially affected rights holders and other stakeholders on such complaints mechanisms, including on how to access them, decisions and remedies relating to a company and how the company is implementing them. All information shall be published in a manner that does not endanger the stakeholders’safety, including by not disclosing their identity.
Amendment 458 #
Proposal for a directive
Article 9 – paragraph 4 – point a a (new)
Article 9 – paragraph 4 – point a a (new)
(a a) (aa) to receive guarantees of non- retaliation, confidentiality and anonymity for all actual and potentially affected stakeholders (ab) to receive timely and effective information on the steps and actions taken in the context of a specific grievance filed to the independent grievance or complaint mechanism (ac) to request that companies fully remediate or contribute to the full remediation of actual adverse impacts.
Amendment 466 #
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Member States must ensure that any non-judicial remediation efforts must be taken in parallel to encouraging collective bargaining and recognition of trade unions and should by no means undermine the role of legitimate trade unions in addressing labour-related disputes.
Amendment 494 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may financially support SMEs for the purpose of compliance with this Directive. Member States may provide financial support to stakeholders for the purpose of raising their awareness and facilitating access to the rights provided to them by this Directive.
Amendment 503 #
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4 a. Member States and the Commission shall provide support and protection for workers rights defenders, human rights and environmental defenders in relation to potential or actual adverse impacts related to business operations.
Amendment 505 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a planundertakings shall develop, adopt and effectively implement a plan, in consultation with trade unions, workers’ representatives and stakeholders, to ensure that the business model and strategy of the company are compatiblealigned with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impact of, the company’s operations. and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 (European Climate Law). This plan shall: (i) be evidence based and regularly updated in line with the best available science; (ii) take into account the entire value chain and address scope 1, 2 and 3 emissions; (iii) define short term and medium term absolute reduction targets for 2025 and 2030, reviewed every five years up to 2050, explaining their alignment with a 1.5°C climate scenario with no or limited overshoot and whether such targets are based on science, pursuant to the latest recommendations of the IPCC and the European Scientific Advisory Board on Climate Change; (iv) define implementing actions for each scope and target, associated with an explanation of decarbonisation levers identified; (v) define and commit to the financial and investments plans designed to reach the targets;
Amendment 541 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of: (i) the company’s efforts to comply with any remedial action required of them by a supervisory authority, (ii) any investments made and any targeted support provided pursuant to Articles 7 and 8, as well as(iii) collaboration with other entities to address adverse impacts in its value chains, as the case may be; (iv) the severity and duration of the company’s infringement, or the severity of the impacts that have occurred; (e) any previous infringements by the company (f) the financial benefits gained or losses avoided by the company due to the infringement, if the relevant data are available (g) penalties imposed in respect of the same infringement in other Member States (h) the degree to which the company has dealt with complaints or proposals raised by relevant stakeholders, including through grievance mechanisms pursuant to Article 9 (i) any other aggravating or mitigating factors applicable to the circumstances of the case. 3. Sanctions can be pecuniary, or may further include but should not be limited to: specific performance, exclusion from public procurement, export credits, trade missions and advisorybodies to governments.
Amendment 547 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. When pecuniary sanctions are imposed, they shall be based on the company’s turnoverMember States shall provide for maximum fines of no less than 10% of the combined aggregate worldwide turnover of the undertaking or group of undertakings.
Amendment 549 #
Proposal for a directive
Article 20 – paragraph 4
Article 20 – paragraph 4
4. Member States shall ensure that any decision of the supervisory authorities containing sanctions related to the breach of the provisions of this directive is published. and publicly available after the sanction is imposed. This should include the methodology and criteria adopted for applying sanctions.
Amendment 558 #
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) they failed to comply with the obligations laid down in Articles 7 and 8 andthis Directive;
Amendment 559 #
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damage. this Directive occurred and led to damage. Member States shall ensure that undertakings are liable for damages that result from adverse human rights or environmental impacts that should have been identified, prevented, mitigated, brought to an end or their extent minimised by the undertaking itself or by their subsidiaries under this Directive.
Amendment 565 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expectthe above, in the event the damage results from adverse impacts caused by business relationships within a company’s value chain, Member States shall ensure that the company is held liable, unless it can prove that ithe action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impacted with due care and implemented all appropriate measures to ensure that the damage would not occur.
Amendment 572 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
Article 22 – paragraph 2 – subparagraph 2
In the assessment of the existence and extent of liability under this paragraph, due account shallmay be taken of the company’s efforts, insofar as they relate directly to the damage in question, to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, as well as any collaboration with other entities to address adverse impacts in its value chains.
Amendment 573 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2 a (new)
Article 22 – paragraph 2 – subparagraph 2 a (new)
1.Where there is a civil liability claim for damages in accordance with article 22 paragraph 1 and 2, and that the claimant provides prima facie elements substantiating the likelihood of the respondent's liability under the directive, Member States shall take such measures as are necessary to ensure that it shall be for the respondent to prove it has complied with its obligations as laid down in the directive and that the measures it took were appropriate. 2.Where claimants have provided reasonably available evidence sufficient to support their action in accordance to paragraph 1, Member States shall ensure that courts are enabled to order the defendant and third parties to disclose any evidence in their control, including evidence related to the nature of business relationships or the structure of the society, if requested by the claimant and in accordance with national procedural law, subject to the applicable Union and national rules on confidentiality and proportionality.
Amendment 585 #
Proposal for a directive
Article 22 – paragraph 5 a (new)
Article 22 – paragraph 5 a (new)
5 a. Member States shall ensure that the limitation periods for bringing actions for damages are at least ten years. Member States shall ensure that rightsholders, groups of rightsholders or any (moral or physical) person with a legitimate interest are entitled to seek injunctive measures before Union courts, including through summary proceedings. These shall be available in the form of a provisional or a definitive measure to cease a practice where that practice may constitute a breach of this directive, or the form of a provisional or a definitive measure to take action to comply with this directive.