Activities of Helmut SCHOLZ 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 (71)
Amendment 112 #
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
-1. This Directive aims to ensure that companies respect human rights, good governance and protect the environment within their own operations, the operations of their subsidiaries and their value chains and supply chains.
Amendment 113 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companieundertakings regarding actual and potential human rights adverse impacts and actual and potential environmental adverse impacts, with respect to their own operations, the operationproducts and services, the operations, products and services of their subsidiaries, and the value chain and supply chain operations carried out by entities with whom the company has an establishedundertaking has a business relationship and
Amendment 122 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 a (new)
Article 1 – paragraph 1 – subparagraph 1 a (new)
c) on access to justice and legal remedies to victims in relations to these violations
Amendment 124 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
Amendment 132 #
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 European Unions:.
Amendment 136 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 144 #
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 genparticular attention should be given to undertakings that operateds in one or more of the following sectors:
Amendment 151 #
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 and retail of textiles, clothing and footwear;
Amendment 155 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
(ii) agriculture, forestry, fisheries (including aquaculture), the management of land and resources (including in relation to nature conservation or other related activities), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, animal products, wood, food, and beverages;
Amendment 160 #
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 including transport, handling amd 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 162 #
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 energy sector, including gas, nuclear, steam, electricity and other sources throughout their life cycle, from extraction,refining, production, combustion of fuels, transportation, storage and waste management including radioactive waste;
Amendment 165 #
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) the production, provision and distribution of information and communication technologies or related services, including hardware, device or component manufacturers, software solutions, including artificial intelligence, surveillance, facial recognition, data storage or processing, telecommunication services, including internet service providers or exchange points, web-based and cloud-based services, including social media and networking, messaging, e- commerce, delivery, mobility, and other platform services.
Amendment 168 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii c (new)
Article 2 – paragraph 1 – point b – point iii c (new)
(iii c) the manufacture of coke and refined petroleum products;
Amendment 170 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii d (new)
Article 2 – paragraph 1 – point b – point iii d (new)
(iii d) the manufacture of chemicals and chemical products;
Amendment 172 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii e (new)
Article 2 – paragraph 1 – point b – point iii e (new)
(iii e) the manufacture of rubber and plastic products;
Amendment 173 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii f (new)
Article 2 – paragraph 1 – point b – point iii f (new)
(iii f) the manufacture of weapons and ammunition, including dual-use items, manufacture of military fighting vehicles;
Amendment 174 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii g (new)
Article 2 – paragraph 1 – point b – point iii g (new)
(iii g) water collection, treatment and supply;
Amendment 175 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii h (new)
Article 2 – paragraph 1 – point b – point iii h (new)
(iii h) waste collection, treatment and disposal activities;
Amendment 176 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii i (new)
Article 2 – paragraph 1 – point b – point iii i (new)
(iii i) land, water and air transport(except passenger rail transport, interurban, other passenger land transport)and transport via pipelines;
Amendment 177 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii j (new)
Article 2 – paragraph 1 – point b – point iii j (new)
(iii j) cargo handling, warehousing and storage;
Amendment 178 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii k (new)
Article 2 – paragraph 1 – point b – point iii k (new)
(iii k) hotels, holiday, short-stay and other similar accommodations;
Amendment 179 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii l (new)
Article 2 – paragraph 1 – point b – point iii l (new)
(iii l) construction sector and building infrastructures;
Amendment 180 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii m (new)
Article 2 – paragraph 1 – point b – point iii m (new)
(iii m) the building, repair and maintenance of ships and boats;
Amendment 181 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii n (new)
Article 2 – paragraph 1 – point b – point iii n (new)
(iii n) private security activities and security system sservice activities, including the development and operation of biometrics and surveillance technologies;
Amendment 182 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii o (new)
Article 2 – paragraph 1 – point b – point iii o (new)
(iii o) financial and insurance activities;
Amendment 186 #
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companieundertakings which 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 189 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
Amendment 191 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
Amendment 196 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means an: (i) any adverse impact on one of the following environmental categories: (ii) air and atmosphere, including but not limited to,air pollution (iii) water, including but not limited to, water pollution, water contamination and depletion of freshwater; (iv) soil, including but not limited to, soil pollution, soil contamination, soil erosion, land use and land degradation; (v) biodiversity, including but not limited to, damage to wildlife, seabed and marine environment, flora, natural habitats and ecosystems; (vi) climate, including greenhouse gas emissions;(vii) transition to circular economy, including but not limited to, impairment to reusability and recyclability such as contamination of waste streams with hazardous substance; (vi) any 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;
Amendment 199 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘adverse human rights impact’ means an adversy negative impact on protected persons resulting from the violation of one of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrined in the international conventions listedthe binding implementation of all UN human, political and social rights, as enshrined in the international conventions in particular the rights listed in the Annex, Part I Section 2 and especially the protected position in the Annex, Part I Section 21;
Amendment 202 #
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) ‘business relationship’ between the company or one of its subsidiaries means a relationship with a contractor, subcontractor or any other legal entities (‘partner’) within their value chain;
Amendment 205 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
(ii) that performs business operations related to the products or services of the company for or on behalf of the company;
Amendment 206 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii a (new)
Article 3 – paragraph 1 – point e – point ii a (new)
(ii a) that is directly linked to the business operations, products or service
Amendment 207 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 212 #
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 224 #
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) ‘severe adverse impact’ means an adverse environmental impact or an adverse human rights impact that is or could be especially significant by its nature, or affects a large number of persons or a large area of the environment, or which is or could be irreversible, or is or could be particularly difficult to remedy as a result of the measures necessary to restore the situation prevailing prior to the impact;
Amendment 228 #
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could be affected by the products, services and operations of that companyotential or actual adverse impacts on human rights, climate and the environment posed by that undertaking, its subsidiaries andor its business relationships;
Amendment 231 #
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
Amendment 273 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the companybringing the impact to an end is not possible, or there is no reasonable prospect of change, the undertaking shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shall, where the law governing their relations so entitles them to,. Undertakings shall, in consultation with relevant stakeholders, identify and address the risks and impacts of their actions, and take one of the following actions:
Amendment 277 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point a
Article 8 – paragraph 6 – subparagraph 1 – point a
(a) temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimistigate the extent of the adverse impact, or
Amendment 282 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe. Undertakings shall engage in a timely manner, efficiently and meaningfully with stakeholders impacted by the decision to disengage before reaching this decision, and shall address the adverse impacts related to the decision to disengage.
Amendment 284 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(b a) The suspension or termination of business relations does not discharge the undertaking from remedying the human rights and environmental damages linked to that business relationship.
Amendment 291 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for the availability of an option to suspend or terminate the business relationship in contracts governed by their laws.
Amendment 295 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility forundertakings establish or participate ineffective grievance mechanisms at operational level, both as an early- warning risk-awareness and as a remediation system, that can be used by persons and organisations listed in paragraph 2 to submit complaints to themraise grievances and request remedy where they have legitimatreasonable concerns regarding actual or potential adverse human rights impacts and actual or potential adverse environmental impacts with respect to their undertakings’ own operations, the operations of their subsidiaries and their value chains.
Amendment 300 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1 a. Member States shall ensure that companies are enabled to provide such a mechanism through collaborative arrangements with other companies or organisations, by participating in multi- stakeholder grievance mechanisms or joining a Global Framework Agreement.
Amendment 302 #
Proposal for a directive
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1 b. Member States shall ensure that grievance mechanisms, as referred to in paragraph 1, shall be legitimate, accessible,predictable, safe, equitable, transparent, rights-compatible and adaptable asset out in the effectiveness criteria for non-judicial grievance mechanisms in Principle 31 of the United Nations Guiding Principles on Business and Human Rights and the United Nations Committee on the Rights of the Child General Comment No 16. Such mechanisms shall provide for the possibility to raise concerns either anonymously or confidentially, as appropriate in accordance with national law.
Amendment 305 #
Proposal for a directive
Article 9 – paragraph 1 c (new)
Article 9 – paragraph 1 c (new)
1 c. Member States shall ensure that trade unions, workers’ representatives and relevant stakeholders play a central role in the design and evaluation of such independent grievance mechanisms.
Amendment 306 #
Proposal for a directive
Article 9 – paragraph 1 d (new)
Article 9 – paragraph 1 d (new)
1 d. Member States shall ensure that undertakings provide information to actual and potentially affected rights holders and other stakeholders on such grievance mechanisms, including on how to access them, decisions and remedies relating to a company and how the company is implementing them.
Amendment 309 #
Proposal for a directive
Article 9 – paragraph 1 e (new)
Article 9 – paragraph 1 e (new)
1 e. All information shall be published in a manner that does not endanger the stakeholders’ safety, including by not disclosing their identity.
Amendment 320 #
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 325 #
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 330 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a procedure for dealing with complaints referred to in paragraph 1, including a procedure when the company considers the complaint to be unfounded, and inform the relevant workers and, trade unions and respective stakeholders of those procedures. Member States shall ensure that where the complaint is well-founded, the adverse impact that is the subject matter of the complaint is deemed to be identified within the meaning of Article 6.
Amendment 346 #
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, and where appropriate with international bodies having expertise in due diligence, mayshall issue guidelines, including for specific sectors, specific contexts and areas, or specific adverse impacts.
Amendment 353 #
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 354 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may financially support SMEs for the purpose of compliance with this Directive. Member States may provide financial support to stakeholders for the purpose of raising their awareness and facilitating access to the rights provided to them by this Directive.
Amendment 362 #
Proposal for a directive
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. The Commission may provide capacity-building, legal counsel, financial and administrative support for potentially affected and affected stakeholders to claim rights provided to them by this Directive, facilitating stakeholder engagement..
Amendment 364 #
Proposal for a directive
Article 14 – paragraph 3 b (new)
Article 14 – paragraph 3 b (new)
3 b. Member States and the Commission shall provide support and protection for workers rights defenders, Trade Unions in particular, human rights and environmental defenders in relation to potential or actual adverse impacts related to business operations.
Amendment 369 #
Proposal for a directive
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4 a. The Commission may promote multilateral measures, including at the World Trade Organisation, that establish mandatory business responsibility to respect human rights and the environment.
Amendment 375 #
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 8this Directive and;
Amendment 379 #
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 381 #
Proposal for a directive
Article 22 – paragraph 1 a (new)
Article 22 – paragraph 1 a (new)
1 a. Member States shall ensure that companies are liable for damages that result from adverse human rights or environmental impacts that should have been identified, prevented, mitigated, brought to an end or their extent minimised by their subsidiaries under this Directive.
Amendment 382 #
Proposal for a directive
Article 22 – paragraph 1 b (new)
Article 22 – paragraph 1 b (new)
Amendment 383 #
Proposal for a directive
Article 22 – paragraph 1 c (new)
Article 22 – paragraph 1 c (new)
1 c. Where there is a civil liability claim for damages in accordance with art 22 paragraph 1 and 2, and that the claimant provides prima facie elements substantiating the likelihood of the respondent's liability under the directive, Member States shall take such measures as are necessary to ensure that it shall be for the respondent to prove it has complied with its obligations as laid down in the directive and that the measures it took were appropriate.
Amendment 384 #
Proposal for a directive
Article 22 – paragraph 1 d (new)
Article 22 – paragraph 1 d (new)
1 d. Where claimants have provided reasonably available evidence sufficient to support their action in accordance to paragraph 1, Member States shall ensure that courts are enabled to order the defendant and third parties to disclose any evidence in their control, including evidence related to the nature of business relationships or the structure of the society, if requested by the claimant and in accordance with national procedural law, subject to the applicable Union and national rules on confidentiality and proportionality.
Amendment 385 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Amendment 389 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
Article 22 – paragraph 2 – subparagraph 2
Amendment 395 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The civil liability rules under this Directive shall be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directiveneither exclude nor limit companies' liability under Union or national legal systems regarding civil liability.
Amendment 396 #
Proposal for a directive
Article 22 – paragraph 5 a (new)
Article 22 – paragraph 5 a (new)
5 a. Member States shall ensure that a limitation period is suspended or, depending on national law, interrupted, if a supervisory authority takes action according to Article 18 of this Directive. The suspension shall end at the earliest one year after the decision of the supervisory authority.
Amendment 399 #
Proposal for a directive
Article 22 – paragraph 5 b (new)
Article 22 – paragraph 5 b (new)
5 b. Member States shall ensure that rightsholders, groups of rightsholders or any (moral or physical) person with a legitimate interest are entitled to seek injunctive measures before Union courts, including through summary proceedings. These shall be available in the form of a provisional or a definitive measure to cease a practice where that practice may constitute a breach of this directive, or the form of a provisional or a definitive measure to take action to comply with this directive.
Amendment 401 #
Proposal for a directive
Article 22 – paragraph 5 c (new)
Article 22 – paragraph 5 c (new)
5 c. Member States shall take measures aiming to ensure that the costs of the proceedings based on provisions of national law transposing this directive do not prevent claimants from access to courts. These measures may, for example, take the form of public funding, including structural support for victims of actual and potential adverse impacts, limitation of applicable court or administrative fees, or access to legal aid.
Amendment 403 #
Proposal for a directive
Article 22 – paragraph 5 d (new)
Article 22 – paragraph 5 d (new)
5 d. Member States shall ensure that trade union organisations and civil society organisations acting in the public interest can bring representative actions before their courts on behalf and for the protection of the collective interests of victims of actual and potential adverse impacts, and that these entities have the rights and obligations of a claimant party in the proceedings.