163 Amendments of Marina MESURE related to 2022/0051(COD)
Amendment 17 #
Proposal for a directive
Recital 3
Recital 3
(3) In its Communication on a Strong Social Europe for Just Transition75 , the Commission committed to upgrading Europe’s social market economy to achieve a just transition to sustainability. This Directive will also contribute to the European Pillar of Social Rights, in particular social rights related to social dialogue, fair wages and safe work environment, which promotes rights ensuring fair working conditions. It forms part of the EU policies and strategies relating to the promotion of decent work worldwide, including in global value chains, as referred to in the Commission Communication on decent work worldwide76 . This Directive also contributes to the effective implementation of the International Covenant on Economic, Social and Cultural Rights adopted by the UN General Assembly resolution 2200A (XXI), in particular its article 7 related to the right to just and favourable conditions of work __________________ 75 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Strong Social Europe for Just Transitions (COM/2020/14 final). 76 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery, COM(2022) 66 final.
Amendment 29 #
Proposal for a directive
Recital 3
Recital 3
(3) In its Communication on a Strong Social Europe for Just Transition75, the Commission committed to upgrading Europe’s social market economy to achieveing a just transition to sustainability and to taking account of social, gender equality and environmental issues. This Directive will also contribute to the European Pillar of Social Rights, which promotes rights ensuring fair working conditions. It forms part of the EU policies and strategies relating to the promotion of decent work worldwide, including in global value chains, as referred to in the Commission Communication on decent work worldwide76. . _________________ 75 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Strong Social Europe for Just Transitions (COM/2020/14 final). 76 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery, COM(2022) 66 final.
Amendment 66 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights and prohibitions as enshrined in the international conventions as listed in the Annex to this Directive. In order to ensure a comprehensive coverage of human rights, a violation of a prohibition or right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions, such as safety and health principles that were added to the Fundamental Principles and Rights at Work of ILO in 2022, should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational context. Due diligence should further encompass adverse environmental impacts resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex to this Directive.
Amendment 66 #
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 primarily take into account the interests of workers and 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,This Directive should ensure that all appropriate measures are taken to prevent, mitigate and put an end to potential or actual adverse impacts. Termination of business relations (disengagement) should only be a last resort, so as not to risk exacerbating adverse impacts, including in line with the Union`s policy of zero- tolerance on child labour. TerminatingMoreover, the termination of a business relationship does not affect the liability of an undertaking for the actual impacts generated during the relationship. As regards the termination of a business relationship in which child labour was found, disengagement could expose the child to even more severe adverse human rights impacts. Thise interests of children should therefore be taken into account as a first step when deciding on the appropriate action to take to prevent or mitigate such adverse effects. In the case of disengagement, Member States must ensure that reparations include financial compensation, guarantees of non- recurrence and measures to support children’s recovery and reintegration into school.
Amendment 67 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25a) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should also be carried out with respect to Global Framework Agreements (GFA) the undertaking has signed.
Amendment 74 #
Proposal for a directive
Recital 28
Recital 28
(28) In order to ensure that due diligence forms part of companies’undertakings' corporate policies, and in line with the relevant international framework, companie and global framework agreements the undertaking has signed, undertakings should integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy should contain a description of the companyundertaking’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the companyundertaking’s employees and subsidiaries; 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 relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. CompanieUndertakings should also update their due diligence policy annually.
Amendment 77 #
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 and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual, civil society organisations and individuals who are affected or have reasonable grounds to believe that they might be affected by an 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 119 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to all companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions:operating in the EU.
Amendment 120 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 126 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 132 #
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 prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:This Directive shall apply to all companies operating in the EU.
Amendment 134 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point i
Article 2 – paragraph 1 – point b – point i
Amendment 137 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
Amendment 141 #
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 adverse human rights adverse impacimpacts on human rights, including trade union, workers', social and economic rights 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 establishedundertaking has a business relationship and
Amendment 141 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
Article 1 – paragraph 1 – subparagraph 1 – point b
(b) on liability and sanctions for violations of the obligations mentioned above.
Amendment 147 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b a (new)
Article 1 – paragraph 1 – subparagraph 1 – point b a (new)
(ba) on access to justice and legal remedies to victims for damages suffered in relations to these violations.
Amendment 149 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 152 #
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 or of protection of the environment or the protection of the climate provided for by the law of Member States and by collective agreements applicable at the time of the adoption of this Directive.
Amendment 155 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall be without prejudice to obligations in the areas of human rights, protection of the environment and climate change under other Union legislative acts and international and European human rights standards as specified in the Annex. If the provisions of this Directive conflict with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provisions of the other Union legislative act shall prevail to the extent of the conflict and shall apply to those specific obligations.
Amendment 158 #
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 conditall undertakings operating in the Unions:.
Amendment 160 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 500 employees on averaundertaking is a large aund had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been preparedertaking governed by the law of a Member State or established in the territory of the Union;
Amendment 162 #
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. Tthis Directive, part-time employees and 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 company.
Amendment 163 #
Proposal for a directive
Article 2 – paragraph 3 – subparagraph 1 (new)
Article 2 – paragraph 3 – subparagraph 1 (new)
For the purposes of this Directive, full- time employees, part-time employees and temporary agency workers of the company’s subsidiaries should be included in the calculation of the number of workers of a company in the same way as if they were workers employed directly for the same period of time by the company.
Amendment 166 #
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 prepared, provided that at least 50% of this net turnover was generated in one or morundertaking operates in one of the following high risk sectors:
Amendment 166 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 8
Article 3 – paragraph 1 – point a – point iv – indent 8
Amendment 170 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point i
Article 2 – paragraph 1 – point b – point i
(i) the manufacture of textiles, wearing apparel, articles of fur, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear;
Amendment 171 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
(iii) the extraction of mineral resources regardless from where they are extracted (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products)all mining and quarrying activities and mining support service activities, 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).
Amendment 171 #
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 protected persons resulting from the violation of onea person or group of people affecting access to one or several of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrinnd established inby the international conventions listed in the Annex, Part I Section 2relevant case-law and work of the competent authorities;
Amendment 173 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii a (new)
Article 2 – paragraph 1 – point b – point iii a (new)
(iiia) the manufacture of coke and refined petroleum products;
Amendment 174 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii b (new)
Article 2 – paragraph 1 – point b – point iii b (new)
(iiib) the manufacture of chemicals and chemical products;
Amendment 175 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii c (new)
Article 2 – paragraph 1 – point b – point iii c (new)
(iiic) the manufacture of rubber and plastic products;
Amendment 176 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii d (new)
Article 2 – paragraph 1 – point b – point iii d (new)
(iiid) the manufacture of weapons and ammunition, including dual-use items, manufacture of military fighting vehicles;
Amendment 177 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii e (new)
Article 2 – paragraph 1 – point b – point iii e (new)
(iiie) the manufacture of computer, electronic and optical products;
Amendment 178 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii f (new)
Article 2 – paragraph 1 – point b – point iii f (new)
(iiif) electric power generation, transmission and distribution;
Amendment 179 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii g (new)
Article 2 – paragraph 1 – point b – point iii g (new)
(iiig) the manufacture of gas and distribution of gas through mains;
Amendment 180 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii h (new)
Article 2 – paragraph 1 – point b – point iii h (new)
(iiih) water collection, treatment and supply;
Amendment 181 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii i (new)
Article 2 – paragraph 1 – point b – point iii i (new)
(iiii) waste collection, treatment and disposal activities;
Amendment 182 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii j (new)
Article 2 – paragraph 1 – point b – point iii j (new)
(iiij) land, water and air transport (except passenger rail transport, interurban, other passenger land transport) and transport via pipelines
Amendment 182 #
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 or subcontractors, the workers in its value chain, in trade unions and workers’ representatives. Stakeholders may also include: (i) individual and group defenders of human rights, the climate, environmental rights and good governance; (ii) NGOs; (iii) other people, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and/or subcontractors and its business relationships;
Amendment 183 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii k (new)
Article 2 – paragraph 1 – point b – point iii k (new)
(iiik) cargo handling, warehousing and storage;
Amendment 184 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii l (new)
Article 2 – paragraph 1 – point b – point iii l (new)
(iiil) hotels, holiday, short-stay and other similar accommodations;
Amendment 185 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii m (new)
Article 2 – paragraph 1 – point b – point iii m (new)
(iiim) the construction of residential and non-residential buildings, civil engineering;
Amendment 186 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii n (new)
Article 2 – paragraph 1 – point b – point iii n (new)
(iiin) the building, repair and maintenance of ships and boats;
Amendment 187 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii o (new)
Article 2 – paragraph 1 – point b – point iii o (new)
(iiio) private security activities and security systems service activities, including the development and operation of biometrics and surveillance technologies;
Amendment 188 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii p (new)
Article 2 – paragraph 1 – point b – point iii p (new)
(iiip) financial and insurance activities;
Amendment 191 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) has a value chain that extends to a high risk area as defined in article 3;
Amendment 197 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) generated a net turnover of more than EUR 1540 million in the Union in the financial year preceding the last financial year;
Amendment 199 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) generated a net turnover of more than EUR 40 million but not more than EUR 150 million in the Union in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).operates in a high risk sector;
Amendment 199 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct describingfining the rules and principles to be followed by the company’s employees and subsidiaries; management board, directors, subsidiaries, subcontractors, and entities with which the company or its subsidiaries have business relationships. The code of conduct shall be designed to guarantee the company respects human rights, the environment and good governance. The unions and stakeholders, as defined in Article 3(1) point (n), should be fully involved in the drawing up of this code of conduct;
Amendment 204 #
Proposal for a directive
Article 2 – paragraph 2 – point b a (new)
Article 2 – paragraph 2 – point b a (new)
(ba) has a value chain that extends to a high risk area;
Amendment 205 #
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) a description of the processes and measures put in place to implement due diligence across the value chain, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationshipsis Directive.
Amendment 206 #
Proposal for a directive
Article 5 – paragraph 1 – point c a (new)
Article 5 – paragraph 1 – point c a (new)
(ca) a description of the appropriate measures put in place to address potential or actual adverse impacts identified;
Amendment 208 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies update and publish their due diligence policy annuallys soon as they have identified a new potential or actual adverse impact, and at least once per year. These policies shall be accessible and published on the supervisory authority’s website in at least the language of the country of establishment.
Amendment 209 #
Proposal for a directive
Article 3 – paragraph 1 – point a – introductory part
Article 3 – paragraph 1 – point a – introductory part
(a) ‘company’ means any of the following:undertaking' is defined in Article 3 of the Accounting Directive (2013/34/EU).
Amendment 210 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point i
Article 3 – paragraph 1 – point a – point i
Amendment 211 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point ii
Article 3 – paragraph 1 – point a – point ii
Amendment 212 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iii
Article 3 – paragraph 1 – point a – point iii
Amendment 213 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv
Article 3 – paragraph 1 – point a – point iv
Amendment 215 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 1
Article 3 – paragraph 1 – point a – point iv – indent 1
Amendment 216 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 2
Article 3 – paragraph 1 – point a – point iv – indent 2
Amendment 217 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 3
Article 3 – paragraph 1 – point a – point iv – indent 3
Amendment 218 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 4
Article 3 – paragraph 1 – point a – point iv – indent 4
Amendment 219 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 5
Article 3 – paragraph 1 – point a – point iv – indent 5
Amendment 220 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 6
Article 3 – paragraph 1 – point a – point iv – indent 6
Amendment 220 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and assessing the adverse impacts referred to in paragraph 1 based on, where appropriate,, companies collect and analyse quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reportsincluding disaggregated data. Companies should use of appropriate resources, including public information and reports, information provided 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. Trade unions and workers’ representatives shall be informed and consulted within good time prior to any decision being taken.
Amendment 221 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 7
Article 3 – paragraph 1 – point a – point iv – indent 7
Amendment 222 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 8
Article 3 – paragraph 1 – point a – point iv – indent 8
Amendment 223 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 9
Article 3 – paragraph 1 – point a – point iv – indent 9
Amendment 224 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 10
Article 3 – paragraph 1 – point a – point iv – indent 10
Amendment 225 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 11
Article 3 – paragraph 1 – point a – point iv – indent 11
Amendment 226 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 12
Article 3 – paragraph 1 – point a – point iv – indent 12
Amendment 227 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 13
Article 3 – paragraph 1 – point a – point iv – indent 13
Amendment 228 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 14
Article 3 – paragraph 1 – point a – point iv – indent 14
Amendment 228 #
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 defineda timelines for actionppropriate measures and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders; with trade unions and workers’ representatives, in consultation with stakeholders. The appropriate measures should apply, where applicable, to a company’s own activities, to its subsidiaries as well as to its direct and indirect business relationships.Companies should, where appropriate: (i) adapt processes, operations and projects; (ii) if necessary, cease processes, operations and projects.
Amendment 229 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 15
Article 3 – paragraph 1 – point a – point iv – indent 15
Amendment 230 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 16
Article 3 – paragraph 1 – point a – point iv – indent 16
Amendment 231 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 17
Article 3 – paragraph 1 – point a – point iv – indent 17
Amendment 232 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 18
Article 3 – paragraph 1 – point a – point iv – indent 18
Amendment 233 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 19
Article 3 – paragraph 1 – point a – point iv – indent 19
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means : (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) 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 II; and Corporate Sustainability Reporting Directive;
Amendment 243 #
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 with a, whether direct or indirect, with a subsidiary, contractor, subcontractor or any other legal entities (‘partner’)
Amendment 251 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 254 #
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 compensto address the actual impacts that have been or should have been identified, companies shall be required to develop and implement a correctiveactionplan, accompanied by appropriate measures with reasonable and clearly defined timelines and qualitative and quantitative indicators for measuring improvements. The corrective action plan should be developed in consultation towith the affected communitrade unions, workers’ representatives. 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 impac and stakeholders. The appropriate measures should apply, where applicable, to the company's activities, to its subsidiaries as well as to its direct and indirect business relationships. If the company is not able to stop or minimise all actual adverse impacts simultaneously, the plan should include a prioritisation strategy that takes into account the level of severity and probability of each actual adverse impact on human rights and the environment;
Amendment 255 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) '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 257 #
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 261 #
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,companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for actionthe implementation of appropriate measures and qualitative and quantitative indicators for measuring improvement. Where relevant, tThe corrective action plan shall be developed in consultation with stakeholdersthe trade unions, workers’ representatives and stakeholders, and should be made public;
Amendment 264 #
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
Amendment 267 #
Proposal for a directive
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
Amendment 269 #
Proposal for a directive
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
Amendment 270 #
Proposal for a directive
Article 3 – paragraph 1 – point m – point i
Article 3 – paragraph 1 – point m – point i
Amendment 271 #
Proposal for a directive
Article 3 – paragraph 1 – point m – point ii
Article 3 – paragraph 1 – point m – point ii
Amendment 273 #
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 its value chain, and other individuals, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that company, its subsidiaries and its business relationships;
Amendment 281 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companieundertakings identify, prevent, mitigate and account for how they address the impacts on human and social rights, the environment and good governance occurring in their value chains. Member States shall ensure that undertakings conduct human rights and environmental due diligence as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
Amendment 284 #
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 286 #
Proposal for a directive
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) addressing actual adverse impacts by mitigating and bringing them to an end in accordance with article 8;
Amendment 291 #
Proposal for a directive
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall ensure that the complaintappeals may be submittraised by:
Amendment 292 #
Proposal for a directive
Article 5 – paragraph 1 – point -a (new)
Article 5 – paragraph 1 – point -a (new)
(-a) a description of the potential or actual adverse impacts identified by the undertaking, with due attention to the international Conventions listed in the Annex ;
Amendment 293 #
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 diligence and to Global Framework Agreements, if any, signed by the undertaking;
Amendment 294 #
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 members of executive and management committees, employees and subsidiaries;
Amendment 296 #
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 conductis directive and international conventions listed in the Annex and to extend its application to established business relationships.
Amendment 296 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value chain concerned,
Amendment 301 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall ensure that the companies update and publish their due diligence policy annually.
Amendment 301 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the value chain concerned.
Amendment 302 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. The establishment of a code of conduct in line with relevant Global framework agreements as well as the introduction of responsibility clauses in contractual relationships shall not exonerate the undertakings’ responsibility in actions carried out by its business partners , nor shall it diminish the undertakings’ duty to actively investigate, identify and prevent potential breaches of human rights, in particular social and economic rights, by its business partners’ activities.
Amendment 304 #
Proposal for a directive
Article 9 – paragraph 2 – point c a (new)
Article 9 – paragraph 2 – point c a (new)
(c a) whistleblowers, including those outside of the company and the company's subsidiaries.
Amendment 306 #
Proposal for a directive
Article 5 – paragraph 2 b (new)
Article 5 – paragraph 2 b (new)
2b. Due diligence policies, including the code of conduct, shall fully acknowledge and implement International Labour Organization conventions and recommendations.
Amendment 307 #
Proposal for a directive
Article 5 – paragraph 2 c (new)
Article 5 – paragraph 2 c (new)
2c. Trade unions shall actively participate in the drafting and the implementation of due diligence policies and in particular the applicable code of conduct.
Amendment 308 #
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainantthose making the appeal and their representatives are entitled:
Amendment 312 #
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) to requestceive relevant and appropriate written follow-up onfrom the complaint from the companyappeal mechanism with which they have filed a complaint pursuant to paragraph 1, thus providing a substantiated explanation as to whether a complaint has been found to be unfounded or justified; and
Amendment 314 #
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 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 4.
Amendment 315 #
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) to engage with the appeal mechanism directly and 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 complaintappeal.
Amendment 319 #
Proposal for a directive
Article 9 – paragraph 4 – point b a (new)
Article 9 – paragraph 4 – point b a (new)
(b a) to receive guarantees of non- retaliation, confidentiality and anonymity for all affected and potentially affected parties to the appeal;
Amendment 322 #
Proposal for a directive
Article 9 – paragraph 4 – point b b (new)
Article 9 – paragraph 4 – point b b (new)
(b b) to receive relevant and timely information on the steps and actions taken with regard to a specific appeal filed with the independent appeal mechanism.
Amendment 326 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 329 #
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, companieundertakings 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 outUndertakings shall also carry out effective and meaningful consultations with potentially affected groups at all stages, including workers and otherall relevant stakeholders, in particular trade unions, to gather information on actual or potential adverse impacts.
Amendment 335 #
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, the European Labour Authority and where appropriate with international bodies of the UN, ILO and the Council of Europe having expertise in due diligence, mayust issue guidelines, including for specific sectors, contexts and areas, or specific adverse impacts.
Amendment 337 #
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 adverse environmental impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 54 of this Article.
Amendment 337 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a Review of the competences of the European Labour Authority to include due diligence The European Commission should review the competences of the European Labour Authority with a view to broadening its scope of activity, objectives and tasks and to include due diligence. 2. The European Labour Authority shall assist the Member States and the Commission on matters concerning the effective implementation and enforcement of EU law on due diligence, including: (i) monitoring compliance with due diligence rules by European and non- European companies operating on European territory; (ii) facilitating coordination between Member States; (iii) verifying and monitoring the list of European and non-European companies covered by this directive; (iv) supporting Member States in monitoring the turnover of non-European companies in the European Union; 3. The European Labour Authority may be aided in this task by representatives of supervisory authorities, of trade unions and of workers, as well as stakeholders.
Amendment 346 #
Proposal for a directive
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
Amendment 354 #
Proposal for a directive
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(ca) has in place trading, procurement and purchasing practices that allow business relationships to respect human rights, the environment and good governance when providing goods and services linked to the undertakings’ activities;
Amendment 359 #
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, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME; the SME doesn’t have the necessary resources to respect human rights, the environment and good governance in carrying out operations for or on behalf of the undertaking;
Amendment 371 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The contractual assurances or the contract shall be accompanied by the appropriate measures to verify compliance. For the purposes of verifying compliance, the company may refer to suitable industry initiatives or independent third-party verification.
Amendment 374 #
Proposal for a directive
Article 7 – paragraph 4 a (new)
Article 7 – paragraph 4 a (new)
4a. Member States shall ensure that undertakings take appropriate measures to mitigate adverse impacts on human rights, the environment or good governance occurring in their value chain. Appropriate measures of mitigation include all appropriate measures to limit ongoing impacts and repair damages that have occurred.
Amendment 375 #
Proposal for a directive
Article 7 – paragraph 4 b (new)
Article 7 – paragraph 4 b (new)
4b. Measures of reparation shall be fair, equitable and defined in agreement with relevant stakeholders. The provision of non-judicial remedy shall not prevent right holders' to initiate judicial proceedings in order to access full and adequate reparation.
Amendment 376 #
Amendment 378 #
Proposal for a directive
Annex I – Part Première – indent 6 a (new)
Annex I – Part Première – indent 6 a (new)
- The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families;
Amendment 381 #
Proposal for a directive
Annex I – Part Première – indent 11 a (new)
Annex I – Part Première – indent 11 a (new)
- The International Convention for the Protection of All Persons from Enforced Disappearance;
Amendment 382 #
Proposal for a directive
Annex I – Part Première – indent 11 b (new)
Annex I – Part Première – indent 11 b (new)
- The Declaration on Human Rights Defenders;
Amendment 383 #
Proposal for a directive
Annex I – Part Première – indent 13 a (new)
Annex I – Part Première – indent 13 a (new)
- The ILO Centenary Declaration for the Future of Work (2019);
Amendment 395 #
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 measuring improvement. Where relevant, tThe corrective action plan shall be developed in consultation with stakeholders;
Amendment 396 #
Proposal for a directive
Annex I – Part Première – indent 20 a (new)
Annex I – Part Première – indent 20 a (new)
- Convention No 155 on Occupational Safety and Health (1981) and the 2022 Protocol thereto;
Amendment 397 #
Proposal for a directive
Annex I – Part Première – indent 20 b (new)
Annex I – Part Première – indent 20 b (new)
- The European Social Charter;
Amendment 398 #
Proposal for a directive
Annex I – Part Première – indent 20 c (new)
Annex I – Part Première – indent 20 c (new)
- The Council of Europe Convention on Preventing and Combating Violence Against Women and Domestic Violence (Istanbul Convention);
Amendment 399 #
Proposal for a directive
Annex I – Part Première – indent 20 d (new)
Annex I – Part Première – indent 20 d (new)
- The Council of Europe Convention on Action against Trafficking in Human Beings,
Amendment 400 #
Proposal for a directive
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) seek contractual 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.
Amendment 400 #
Proposal for a directive
Annex I – Part Première – indent 20 e (new)
Annex I – Part Première – indent 20 e (new)
Amendment 401 #
Proposal for a directive
Annex I – Part Première – indent 21 a (new)
Annex I – Part Première – indent 21 a (new)
- Convention No 187 on the Promotional Framework for Occupational Safety and Health (2006);
Amendment 403 #
Proposal for a directive
Annex I – Part Première – indent 23 a (new)
Annex I – Part Première – indent 23 a (new)
- Convention No 190 on Violence and Harassment (2019);
Amendment 406 #
Proposal for a directive
Annex I – Part Première – indent 23 b (new)
Annex I – Part Première – indent 23 b (new)
- Convention No 158 on Termination of Employment (1982);
Amendment 408 #
Proposal for a directive
Annex I – Part Première – indent 23 c (new)
Annex I – Part Première – indent 23 c (new)
- The European Convention on Human Rights;
Amendment 411 #
Proposal for a directive
Article 8 – paragraph 4
Article 8 – paragraph 4
4. As regards actual adverse impacts that could not be brought to an end or adequately mitigated by the measures in paragraph 3, the company mayundertaking shall seek to conclude a contract with a partner with whom it has an indirect relationship, with a view to achieving compliance with the company’s code of conduct or a corrective action plan. When such a contract is concluded, paragraph 5 shall applyis Directive.
Amendment 413 #
Proposal for a directive
Article 8 – paragraph 5 – subparagraph 1
Article 8 – paragraph 5 – subparagraph 1
The contractual assurances or the contract shall be accompanied by the appropriate measures to verify compliance. For the purposes of verifying compliance, the company may refer to suitable industry initiatives or independent third-party verification.
Amendment 447 #
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
(b) 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.
Amendment 448 #
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Undertakings shall facilitate judicial and non-judicial investigations by providing all relevant information for the said investigations linked to potential infringements of the obligations and goals set out in this directive by the undertaking itself or its business partners.
Amendment 449 #
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. For Member States to be able to carry out investigations, supervise and impose sanctions, taking into account the severity and repeated nature of the infringements, the undertaking shall provide all required information. The Member States and the Commission should ensure that undertakings publish their due diligence strategies on a publicly accessible and centralised platform, supervised by the national competent authorities.
Amendment 496 #
Proposal for a directive
Article 18 – paragraph 5 – point c
Article 18 – paragraph 5 – point c
(c) to adopt interim measures to avoid the risk of severe and irreparable harm.
Amendment 538 #
Proposal for a directive
Article 22 – paragraph 5 a (new)
Article 22 – paragraph 5 a (new)
5a. Member States shall ensure that the burden of proof lies on the undertaking.
Amendment 571 #
Proposal for a directive
Annex I – Part I – subheading 1
Annex I – Part I – subheading 1
1. Violations and restrictions of enjoyment of rights and prohibitions included in international and European human rights agreeinstruments
Amendment 572 #
Proposal for a directive
Annex I – Part I – subheading 1 a (new)
Annex I – Part I – subheading 1 a (new)
1a. This includes amongst other the following:
Amendment 576 #
Proposal for a directive
Annex I – Part I – point 21 a (new)
Annex I – Part I – point 21 a (new)
21a. Violation of a prohibition or right covered in ILO convention N°190 or the Istanbul Convention.
Amendment 577 #
Proposal for a directive
Annex I – Part I – point 21 b (new)
Annex I – Part I – point 21 b (new)
21b. Violation or rights to non- discrimination between men and women as expressed in articles 1 and 2 of the CEDAW and article 3 of the ICCPR.
Amendment 578 #
Proposal for a directive
Annex I – Part I – subheading 2 a (new)
Annex I – Part I – subheading 2 a (new)
2a. This includes amongst others the following instruments :
Amendment 579 #
Proposal for a directive
Annex I – Part I – indent 12 a (new)
Annex I – Part I – indent 12 a (new)
— The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;
Amendment 580 #
Proposal for a directive
Annex I – Part I – indent 12 b (new)
Annex I – Part I – indent 12 b (new)
— the International Convention for the Protection of All Persons from Enforced Disappearance;
Amendment 581 #
Proposal for a directive
Annex I – Part I – indent 12 c (new)
Annex I – Part I – indent 12 c (new)
— UN Declaration on Human Rights Defenders;
Amendment 582 #
Proposal for a directive
Annex I – Part I – indent 13
Annex I – Part I – indent 13
— The International Labour Organization’s Declaration on Fundamental Principles and Rights at Work, including the right to safe and healthy working environment;
Amendment 583 #
Proposal for a directive
Annex I – Part I – indent 23 a (new)
Annex I – Part I – indent 23 a (new)
— ILO Centenary Declaration for the Future of Work, 2019
Amendment 584 #
Proposal for a directive
Annex I – Part I – indent 23 b (new)
Annex I – Part I – indent 23 b (new)
— Occupational Safety and Health Convention, 1981 (No. 155) and its 2002 Protocol.
Amendment 585 #
Proposal for a directive
Annex I – Part I – indent 23 c (new)
Annex I – Part I – indent 23 c (new)
— Promotional Framework for Occupational Safety and Health Convention,2006 (No. 187)
Amendment 586 #
Proposal for a directive
Annex I – Part I – indent 23 d (new)
Annex I – Part I – indent 23 d (new)
— Violence and Harassment Convention, 2019 (No. 190)
Amendment 587 #
Proposal for a directive
Annex I – Part I – indent 23 e (new)
Annex I – Part I – indent 23 e (new)
— Termination of Employment Convention, 1982 (No. 158)
Amendment 588 #
Proposal for a directive
Annex I – Part I – indent 23 f (new)
Annex I – Part I – indent 23 f (new)
— European Convention of Human Rights (ECHR) European Social Charter (revised) (ESC) Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’) Convention on Action against Trafficking in Human Beings Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data