Activities of Claude GRUFFAT 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 (76)
Amendment 113 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) Companies should be responsible for using their influence to contribute to a fair wage in value chains. Fair wage for smallholders is understood as the income they earn from their production, which must meet the needs of their household and their farm, including those of their relatives.
Amendment 132 #
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17 a) Global value chains, in particular critical raw materials value chains, are impacted by detrimental effects of natural or man-made hazards. The risks in critical value chains have been made apparent by the COVID-19 crisis while the frequency and impact of those shocks are likely to increase in the future, constituting a driver for inflation and leading to a subsequent increase of macroeconomic volatility as well as market and trade uncertainty. To address this, the EU should establish resilience stress tests for companies, akin to the stress tests for financial institutions, that would map, assess and provide potential responses to their value chain risks, including externalities as well as social, environmental and political risks.
Amendment 140 #
Proposal for a directive
Recital 19
Recital 19
(19) As regards regulated financial undertakings providing loan, credit, or other financial services, “value chain” with respect to the provision of such services should be limited to the activities of the clients receiving such services, and the subsidiaries thereof whose activities are linked to the contract in question. Clients that are hHouseholds and natural persons not acting in a professional or business capacity, as well as small and medium sized undertakings,micro-undertakings as defined in Directive 2013/34/EU should not be considered to be part of the value chain. The activities of the companies or other legal entities that are included in the value chain of that client should not be covered of financial institutions.
Amendment 146 #
Proposal for a directive
Recital 20
Recital 20
Amendment 154 #
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, all EU companies with more than 500 employees on average and a worldwide net turnover exceeding EUR 150 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, cthe exception of micro- enterprises as defined by Article 3(1) of Directive 2013/34/EU should be required to comply with due diligence. Companies operating in such high-impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. __________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 158 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selection of high-impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance as well as EBRD high risk sectors list. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non- metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). As regards the financial sector, due to its specificities, in particular as regards the value cha, financial services provided by regulated fin and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liabilitycial undertakings, according to Article 3(a)(iv), such as the provision of loan, credit, financing, investment, pensions, securitisation, insurance and reinsurance, market funding, risk management, payment services and other financial services.
Amendment 163 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental and climate impacts with respect to companies’ operations, produced goods and services throughout their life cycle, those of their subsidiaries and value chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 1508 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million but less than EUR 150 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
Amendment 175 #
Proposal for a directive
Recital 30
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and environmental impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify the adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstances.
Amendment 182 #
Proposal for a directive
Recital 31
Recital 31
(31) In order to avoid undue burden on the smaller companies operating in high- impact sectors which are covered by this Directive, those companies should only be obliged to identify those actual or potential severe adverse impacts that are relevSMEs covered by this Directive, those companies should be supported with adequate and targeted measures antd to the respective sectorols.
Amendment 224 #
Proposal for a directive
Recital 44 a (new)
Recital 44 a (new)
(44 a) Companies should provide stakeholders adequate, comprehensive meaningful information about actual and potential adverse human rights, environmental and climate impacts and the actions taken to respect their due diligence. Stakeholders should also be able to request additional information from a company regarding the actions taken to comply with the obligations set in this Directive. The confidentiality of commercial and industrial information shall not serve as a bar for access to information that relates to the implementation, by a company, of the provisions of national law transposing this Directive.
Amendment 228 #
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46 a) Stakeholders, including workers as well as human rights and environmental rights defenders should be engaged effectively, meaningfully and in a structural manner by companies throughout the entire due diligence process. Companies should pay special attention to overlapping vulnerabilities and intersecting factors in stakeholder engagement, including by adopting a gender and culturally responsive approach at all times. Companies should provide meaningful information to stakeholders about actual and potential adverse human rights, environmental and climate impacts of particular operations, projects and investments, in a timely and accessible manner taking into account specificities of different stakeholders. Companies must respect the rights of Indigenous Peoples, as laid out in the United Nations Declaration on the Rights of Indigenous Peoples, including free, prior and informed consent and indigenous peoples’ right to self- determination
Amendment 281 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and
Amendment 300 #
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 , with the exceptione of the following conditions:micro-enterprises as defined in Article 3(1) of Directive 2013/34/EU.
Amendment 301 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 311 #
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 preparedargeted obligations shall apply to companies, provided that at least 50% of thiseir net turnover was generated in one or more of the following sectors:
Amendment 314 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii a (new)
Article 2 – paragraph 1 – point b – point iii a (new)
(iii a) the services provided by regulated financial undertakings defined in Art. 3(a)(iv) such as loans, credit, financing, investment, pensions, securitisation, insurance and reinsurance, market funding, risk management, payment services and other financial services.
Amendment 315 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii b (new)
Article 2 – paragraph 1 – point b – point iii b (new)
(iii b) activities ranked with a risk level “high” in either the environmental or social category of the EBRD list of Environmental and Social Risk Categorisation or are excluded from being financed with EBRD funds.
Amendment 319 #
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companies whichreferred to under paragraph 1 if they are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:have generated a net turnover of more than EUR 8 million in the Union in the financial year preceding the last financial year.
Amendment 321 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 325 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 350 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 19 a (new)
Article 3 – paragraph 1 – point a – point iv – indent 19 a (new)
- Market operators as defined in Article 4(1), point (18) of Directive 2014/65/EU (MiFID II – Markets in Financial Instruments)
Amendment 359 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental and climate impact’ means an adverse impact on the environment or resulting from theany violation of one of the prohibiinternationsal and obligations pursuantEuropean environmental standards enshrined, including but not limited to, the international environmental conventions and Union legislation listed in the Annex, Part II;
Amendment 365 #
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 the enjoyment of human rights as enshrined in the international conventions, in particular the impact on protected persons resulting from thea violation of one of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrined in the international conventionnd the violation of the rights listed in the Annex, Part I Section 2;
Amendment 376 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 400 #
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, financing, investment, pensions, securitisation, insurance and reinsurance, market funding, risk management, payment services 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 reinsurancehouseholds and natural persons not acting in a professional and business capacity, as well as micro-undertakings as defined in Article 3(1) of Directive 2013/34/EU receiving loan, credit, financing, insurance or reinsurance, pensions, securitisation, market funding, risk management, payment service and other financial services of such entities;
Amendment 418 #
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means: (i) the company’s employees, the employeeworkers, the workers of its subsidiaries, and other individuals, groups, communities or entities or civil society organisations whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and its business relationships;r by the potential or actual adverse impacts on human rights, climate and environment of that company, its subsidiaries and its business relationships across the entire value chain; (ii) organisations who have a statutory purpose the defence of human rights, climate, the environment and good governance; and (iii) other legal or natural persons engaged in the defence of human rights, climate, the environment, land or good governance.
Amendment 438 #
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘appropriate measures’ means a set of measures that is capable of achieving the objectives of due diligence and effectively addressing the adverse impact, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action.
Amendment 444 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companies conduct human rights and, environmental and climate due diligence as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
Amendment 464 #
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 short, medium and long term, to due diligence;
Amendment 471 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes and concrete measures 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 relationships.
Amendment 493 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts ands well as actual and potential 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 4.
Amendment 511 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 517 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 528 #
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, including disaggregated data, companies are entitled to make use of appropriate resources, including independent reports 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 relevant stakeholders to gather information on actual or potential adverse impacts.
Amendment 536 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts and potential adverse environmental and climate impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
Amendment 539 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Companies shall be required to take appropriate measures, including but not limited to the following actions, where relevant:
Amendment 542 #
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 defined timelines for action and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders;
Amendment 553 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) seek and obtain contractual assurances from a business partner with whom it has a directnd other assurances regarding its business relationship that it will ensures of compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall appl. With regards to contractual assurances the terms shall be reasonable and non-discriminatory;
Amendment 563 #
Proposal for a directive
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(c a) adapt business models and strategies, including trading, procurement and pricing practices, in order to prevent potential adverse impacts;
Amendment 583 #
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, because mitigation is not possible or acceptable, or there is no reasonable prospect of change, 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, where the law governing their relations so entitles them to, take the following actions. In such cases, the company shall, in consultation with stakeholders, identify and remedy the risks and impacts of their actions, and shall:
Amendment 588 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – point b
Article 7 – paragraph 5 – subparagraph 1 – point b
(b) terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe as well as if the conditions for temporary suspension under point (a) are not met.
Amendment 595 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 610 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the adverse impact cannot be immediately brought to an end, Member States shall ensure that companies minimise the extent of such an impact while continuing to pursue all efforts to bring the adverse impact to an end.
Amendment 612 #
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Companies shall be required to take the following actions, where relevantincluding but not limited to:
Amendment 614 #
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 626 #
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek and obtain contractual and other assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply. With regards to contractual assurances the terms shall be reasonable and non- discriminatory. In case the business relationship is active in one of the sectors referred to in Article 3(2), the assurances shall also include details on ensuring compliance with regards to the risks that are specific to that sector.
Amendment 637 #
Proposal for a directive
Article 8 – paragraph 3 – point d a (new)
Article 8 – paragraph 3 – point d a (new)
(d a) adapt business models and strategies, including trading, procurement and pricing practices, in order to bring to an end or minimize actual adverse impacts;
Amendment 641 #
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 relationshiphe necessary support such as loans or financing for business partners, in particular for SMEs, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SMEbusiness partner;
Amendment 652 #
Proposal for a directive
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
These measures and actions should apply, where applicable, to a company’s own operations, subsidiaries as well as direct and indirect business relationships.
Amendment 657 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
When contractual assurances are obtained from, or a contract is entered into, with an SME, the terms used shall be fair, reasonable and non-discriminatory. Where measures to verify compliance are carried out in relation to SMEs, the company shall bear the cost of the independent third- party verificationassociated costs.
Amendment 675 #
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 681 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Amendment 685 #
Proposal for a directive
Article 8 b (new)
Article 8 b (new)
Article 8 b Responsible Disengagement 1. Member States shall ensure that companies disengage responsibly, and only as a last resort, when responding to situations where potential and adverse impacts within the meaning of Article 7(1) and Article 8(1) cannot be prevented, brought to an end, or otherwise effectively mitigated or meaningfully minimised according to the views of affected stakeholders, in particular workers, or other stakeholders with a legitimate interest. To this end, companies shall meaningfully engage with stakeholders in accordance with Article 9a, before taking a decision. 2. Companies shall disclose as part of their reporting obligation as referred to in Article 11 the number of instances where they have decided to disengage, the reason for this disengagement and the location of the concerned business relationships without disclosing their identity.
Amendment 725 #
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.
Amendment 734 #
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 business. This reporting should be accessible, comparable and sufficiently detailed to demonstrate the adequacy of a company’s due diligence process as per this Directive. The statement shall be published by 30 April each year, covering the previous calendar year.
Amendment 736 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Member States shall ensure that companies provide, adequate, comprehensive and meaningful information to stakeholders about actual and potential adverse human rights, environmental and climate impacts and about the actions taken in accordance with this Directive with regards to particular operations, projects and investments. This information shall be provided in written and in a timely, accessible and gender and culturally responsive manner, taking into account specifics of the stakeholder group. In cases of significant changes in operations, activities or operating context, Member States shall ensure that companies proactively communicate to stakeholders and provide complementary and intermediary information. Member States shall ensure that the confidentiality of commercial and industrial information, as established under national legislation, shall not serve as a barrier for access to information that relates to the application of this Directive. Grounds for refusal of disclosure shall be interpreted in a restrictive way, taking into account the public interest served by disclosure and the objectives of this Directive.
Amendment 747 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11 a European Single Access Point 1. Member States shall ensure that annual statements prepared by undertakings pursuant to Article 11 are submitted to the collection body referred to in Regulation [insert ESAP Regulation] in order to make that information accessible on the European Single Access Point (ESAP) . That information shall comply with all of the following requirements: (a) the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) [insert ESAP Regulation] or, where required under Union law, in a machine- readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**; (b) the information shall be accompanied by all the following metadata: (i) all the names of the undertaking to which the information relates; (ii) the legal entity identifier of the undertaking, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; (iii) the size of the undertaking by category, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];(iv) the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];(v) the specific period for which the information is to be made publicly available on ESAP, where relevant.
Amendment 760 #
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 778 #
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 adop shall in consultation with stakeholders, adopt, develop and implement a plan 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 with the objective of achieving climate neutrality by 2050 at the latest, as established in Regulation EU 2021/1119 (European Climate Law), pursuant to the latest recommendations of the IPCC and the European Scientific Advisory Board on climate change.
Amendment 786 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Amendment 790 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Member States shall ensure that, in case climate change is or should have been identified as a principal risk for, or a principal companies referred to in Article 2 shall develop a clear, transparent, accurate, total, comparable and consistent plan, following the best practices. This plan shall in particular take into account, and seek to prevent and mitigate, adverse impacts of, the company’s operations, the company includes emission reduction objec implementing actions on potentially affected groups including workers, local communitives in its planand other stakeholders.
Amendment 798 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States shall ensure that companies duly take into account the fulfilment of the obligations referred to in paragraphs 1 and 2 when setting variable remuneration, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainabilitunder Article 2 shall integrate these targets and implementing actions into the business strategy and backed up by clear governance processes, including the involvement of stakeholders. Member States shall ensure that boards have an obligation to ensure that environmental and climate risks and impacts are addressed in the company’s strategy.
Amendment 799 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Member States shall ensure that companies align a significant part of director’s variable remuneration with the achievement of their climate targets and plans, in particular absolute greenhouse gas emission reduction targets for scope 1, 2 and 3. Directors shall be liable for achieving climate objectives and thus for overseeing the obligations set out in paragraphs 1 and 1a of this Article.
Amendment 811 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall ensure that the supervisory authorities have adequate powers and resources to carry out the tasks assigned to them under this Directive, including the power to request information and carry out investigaire undertakings to provide all necessary information and carry out investigations, which can include where appropriate on site inspections related to compliance with the obligations set out in this Directive.
Amendment 831 #
Proposal for a directive
Article 20 – paragraph 2 a (new)
Article 20 – paragraph 2 a (new)
2a. Sanctions shall include pecuniary sanctions, the temporary or indefinite exclusion from ongoing or future procurement procedures or from the receipt of State aid, and the seizure of commodities, public support schemes including schemes relying on export credit agencies and loans, and permits under export control schemes. Any sanction adopted shall be made public.
Amendment 837 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 851 #
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 855 #
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 8this Directive occurred and led to damage.
Amendment 859 #
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1a. Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts or in the receipt of state aid companies comply with the obligations laid down in national provisions adopted pursuant to Article 4 to Article 11 of this Directive.
Amendment 866 #
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 notshall be liable for damages caused bythat result from 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 expect that the action actually taken, including they can prove they took appropriate meas uregards verifying compliance, would be adequate tos capable of preventing, mitigate, bring or bringing to an end or minimiseing the extent of the adverse impact.
Amendment 905 #
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts or in the receipt of state aid companies comply with the obligations laid down in national provisions adopted pursuant to Article 4 to Article 11 of this Directive.
Amendment 926 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 8a and 11 shall be conferred on the Commission for an indeterminate period of time.
Amendment 932 #
Proposal for a directive
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
(d) whether Articles 4 to 14 should be extended to adverse climatditional adverse impacts.
Amendment 937 #
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – introductory part
Article 30 – paragraph 1 – subparagraph 2 – introductory part
They shall apply those provisions as follows:from… [OJ to insert: 2 years from the entry into force of this Directive].
Amendment 940 #
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point a
Article 30 – paragraph 1 – subparagraph 2 – point a
Amendment 942 #
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point b
Article 30 – paragraph 1 – subparagraph 2 – point b