49 Amendments of Carina OHLSSON related to 2022/0051(COD)
Amendment 68 #
Proposal for a directive
Recital 32
Recital 32
(32) In line with international standards, prevention and mitig, tracking, mitigation, remediation as well as bringing to an end and minimisation of actual and potential adverse impacts should take into accountfocus on the interests of those adversely impacted. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that disengagement is a last-resort action, in line with the Unall persons, groups of persons and entities adversely impacted. In line with the Union’s policy of zero-tolerance on child labour, Union’s Strategy on the rights of the child1a and the target date of 2025 proclaimed by the United Nation`s policy of zero- tolerancefor the full elimination onf child labour. Terminat worldwide, when ending a business relationship in which child labour was found could expose the child to even more severe adverse human rights impacts. This should therefore be taken into account when deciding on the appropriate action to take. s, the company should act in the best interest of the child. _________________ 1a https://eur-lex.europa.eu/legal- content/en/TXT/?uri=CELEX%3A52021 DC0142
Amendment 81 #
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide thestablish the effective 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 adverse impact. Companies should establish a procedure for dealing with those complaints and comprehensively inform workers, trade unions and other workers’ representatives, where relevant, in due time about such processes and related measures. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies and enforcement. 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 105 #
Proposal for a directive
Recital 64 a (new)
Recital 64 a (new)
(64 a) The obligations for companies set out in this Directive, regarding actual and potential human rights adverse impacts and environmental adverse impacts, should not have a negative impact on those very rights, including the right to freedom of association, assembly, the rights to organize and collective bargaining. This Directive should not apply when certain companies (insurance undertaking as defined in Article 13, point (1), of Directive 2009/138/EC and institution for occupational retirement provision as defined in Article 1, point (6) of Directive 2016/2341) enter, for the purpose of providing occupational pensions, into a relationship with a legal entity that is required take out occupational pension provisions for its employees. Excluding these specific relationships will ensure that companies in their provision of occupational pensions and legal entities acting as employers always can fulfill their obligations, including those following from collective agreements, to provide workers with their occupational pensions.
Amendment 116 #
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 thin the Union, as referred to in principles 11 and 14 of the UN Guiding Principles on Business and Human Rights (UNGP) and standards of the Organisation for Economic Co-operation and Development (OECD), regardless of: (i) their size, both in terms of number of workers and turnover; (ii) whether they are lregislation of a Member State and which fulfil one of the following conditions:tered in the Union or in a third country; (iii) whether they operate in the public or private sector; (iv) whether the activity which they carry out is high risk or not; (v) the context in which they operate; (vi) their legal form;or (vii) their ownership or structure.
Amendment 122 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 128 #
Proposal for a directive
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 148 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Amendment 151 #
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to all companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions: in line with UNGP principles 11 and 14.
Amendment 153 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 157 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 164 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4 a. This Directive shall not apply to the following companies in Article 3 (a) (iv): ⎯ an insurance undertaking as defined in Article 13, point (1), of Directive 2009/138/EC of the European Parliament and of the Council ⎯ an institution for occupational retirement provision as defined in Article 1, point (6) of Directive 2016/2341 of the European Parliament and of the Council when they, for the purpose of providing occupational pensions, enter a relationship with a legal entity that is, in its role as an employer, required by a contract, agreement, or any legislative, regulatory, or administrative provision to take out occupational pension provisions for the employees of the legal entity.
Amendment 170 #
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 protectedersons or groups of persons resulting from the violation, unjustified restriction or removal of the enjoyment of one of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrinend in the international conventionand European Human Rights instruments listed in the Annex, Part I Section 2 which should be reviewed biennially including the subsequent case law;
Amendment 181 #
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or individuals or groups of individuals as well as their representiatives whose rights or interests are or could be affected by the the products, services and operations of that company, its subsidiaries and its business relationshipa company and its branches, its subsidies and all entities with whom the company or any of its subsidiaries or branches have business relationships. These stakeholders can be organisations whose statutory purpose is the defence of human rights, social and labour rights, the environment or good governance, including workers and their representatives, trade unions, whistleblowers, civil society organisations, non profit organisations, citizens’ associations, local communities and public entities, indigenous peoples, human rights defenders and the undertakings’ shareholders;
Amendment 187 #
Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(n a) (a) 'trade union representatives' means representatives designated or elected by trade unions or by members of such unions according to national law or practice;or (b) 'elected representatives' means representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities which are recognised as the exclusive prerogative of trade unions in the country concerned.
Amendment 194 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall ensure that, for the purposes of due diligence, companies are entitled to share resourcany of the actions described above, the undertakings will ensure that the involvement, information, consultation and participation rights of trade unions and workers’ representatives, and information within their respective groups of companies and with other legal s provided for in Union law, national law and practice are fully respected and applied. Member States shall also ensure that trade unions and workers’ representiatives in compliance with applicable competition lawhave access to the relevant resources, in particular in the form of training, to exercise their rights.
Amendment 196 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrate due diligence into all their corporate policies and have in place a functioning due diligence policy for the company, its subsidiaries, its branches and all entities with whom the company or any of its subsidiaries or branches have business relationships established with the comprehensive and effective involvement, consultation and information of workers, their representatives and trade unions. The due diligence policy shall contain in particular all of the following:
Amendment 200 #
Proposal for a directive
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) a code of conduct describing rules and principles to be followed by the company’s employees and subsidiarieacross all functions and operations by the company’s management, its workers as well as its subsidiaries, its branches and all entities with whom the company or any of its subsidiaries or branches have business relationships;
Amendment 221 #
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, quantitative and qualitative information, companies are entitled toshall 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 grouptrade unions and workers’ representatives, potentially affected persons and groups of persons including workers and other relevant stakeholders, to gather information on as well as identify and assess actual or potential adverse impacts. Trade unions and workers’ representatives shall be kept informed throughout the process.
Amendment 227 #
Proposal for a directive
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Companies shall be required to take the following actions, where relevant:
Amendment 232 #
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 trade unions, workers’ representatives and other affected stakeholders;
Amendment 253 #
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 relevant:
Amendment 256 #
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) fully neutralise and reverse the adverse impact or minimise its extentwithout undue delay or, if reversal or neutralisation is not possible, minimise its extent and mitigate its impact as quickly as possible by appropriate remedies, including inter alia by the full payment of damages to the affected persons, groups of persons or entities and ofull 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 impactpersons, groups of persons or entities;
Amendment 259 #
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 affected stakeholders, including trade unions and workers’ representatives, and shall be publicly available;
Amendment 295 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives, including those representing individuals working in the value chain concerned, or those otherwise affected,
Amendment 313 #
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
(a) to requestceive appropriate follow-up without undue delay on the complaint from the company with which they have filed a complaint pursuant to paragraph 1, and
Amendment 316 #
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 as well as adequate remedy that are the subject matter of the complaint., and
Amendment 321 #
Proposal for a directive
Article 9 – paragraph 4 – point b a (new)
Article 9 – paragraph 4 – point b a (new)
(b a) to request timely full and effective remedy of the situation.
Amendment 327 #
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Recourse to the complaints and remediation mechanism at company level shall not prevent the complainant from having recourse to judicial remedies.
Amendment 333 #
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, the European cross-industry and sectoral social partners, other relevant stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, the European Labour Authority and where appropriate with international bodies like the UN, the ILO and the Council of Europe having expertise in due diligence, mayshall issue guidelines, including for specific sectors or specific adverse impacts and guidance on identifying high-risk activities.
Amendment 345 #
1. Member States shall lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and. Sanctions should include exclusion award/renewal of public contracts/procurement and other public support/funding. Repeated violations should also be considered as an aggravating circumstance and thus higher sanction. Member States shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
Amendment 361 #
Proposal for a directive
Annex I – Part I – subheading 1
Annex I – Part I – subheading 1
Violations and restrictions of enjoyment of rights and prohibitions included in international and European human rights agreeinstruments
Amendment 362 #
Proposal for a directive
Annex I – Part I – subheading 1 a (new)
Annex I – Part I – subheading 1 a (new)
This includes especially the following:
Amendment 372 #
Proposal for a directive
Annex I – Part I – point 21 a (new)
Annex I – Part I – point 21 a (new)
21 a. Violation of the right to work (for example article 6 ICECR)
Amendment 373 #
Proposal for a directive
Annex I – Part I – point 21 b (new)
Annex I – Part I – point 21 b (new)
21 b. Violation of the prohibition of violating or harassing women (for example ILO Convention 190, CoE ‘Istanbul Convention’)
Amendment 374 #
Proposal for a directive
Annex I – Part I – point 21 c (new)
Annex I – Part I – point 21 c (new)
21 c. Violation of rights without discrimination between men and women as expressed (for example in articles 1 and 2 of the CEDAW and article 3 of the ICCPR)
Amendment 375 #
Proposal for a directive
Annex I – Part I – subheading 2
Annex I – Part I – subheading 2
Amendment 386 #
Proposal for a directive
Annex I – Part I – indent 15 a (new)
Annex I – Part I – indent 15 a (new)
- ILO Centenary Declaration for the Future of Work, 2019
Amendment 387 #
Proposal for a directive
Annex I – Part I – indent 15 b (new)
Annex I – Part I – indent 15 b (new)
- Occupational Safety and Health Convention, 1981 (155) and its 2002 Protocol
Amendment 388 #
Proposal for a directive
Annex I – Part I – indent 15 c (new)
Annex I – Part I – indent 15 c (new)
- Promotional Framework for Occupational Safety and Health Convention, 2006 (187)
Amendment 389 #
Proposal for a directive
Annex I – Part I – indent 15 d (new)
Annex I – Part I – indent 15 d (new)
- Violence and Harassment Convention, 2019 (190)
Amendment 390 #
Proposal for a directive
Annex I – Part I – indent 15 e (new)
Annex I – Part I – indent 15 e (new)
- Termination of Employment Convention, 1982 (158)
Amendment 391 #
Proposal for a directive
Annex I – Part I – indent 15 f (new)
Annex I – Part I – indent 15 f (new)
- European Convention of Human Rights (ECHR)
Amendment 392 #
Proposal for a directive
Annex I – Part I – indent 15 g (new)
Annex I – Part I – indent 15 g (new)
- European Social Charter (revised) (ESC)
Amendment 393 #
Proposal for a directive
Annex I – Part I – indent 15 h (new)
Annex I – Part I – indent 15 h (new)
- Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)
Amendment 394 #
Proposal for a directive
Annex I – Part I – indent 15 i (new)
Annex I – Part I – indent 15 i (new)
- Convention on Action against Trafficking in Human Beings
Amendment 395 #
Proposal for a directive
Annex I – Part I – indent 15 j (new)
Annex I – Part I – indent 15 j (new)
- Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data
Amendment 404 #
Proposal for a directive
Annex I – Part I – indent 23 a (new)
Annex I – Part I – indent 23 a (new)
- UN Declaration on Human Rights Defenders
Amendment 405 #
Proposal for a directive
Annex I – Part I – indent 23 b (new)
Annex I – Part I – indent 23 b (new)
- International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families
Amendment 407 #
Proposal for a directive
Annex I – Part I – indent 23 c (new)
Annex I – Part I – indent 23 c (new)
- International Convention for the Protection of All Persons from Enforced Disappearance