28 Amendments of Klaus BUCHNER related to 2015/2315(INI)
Amendment 23 #
Motion for a resolution
Citation 13 d (new)
Citation 13 d (new)
– having regard to the Council of Europe Recommendation to Member States on human rights and business adopted on 2 March 2016,
Amendment 47 #
Motion for a resolution
Recital D
Recital D
D. whereas corporations are one of the major players in economic globalisation, financial services and international trade and are required to comply with all applicable laws and to respect human rights;
Amendment 54 #
Motion for a resolution
Recital E
Recital E
E. whereas, however, these business enterprises may at times cause or contribute to human rights violations, such as violations of the right to food or the right to water, and affect the rights of vulnerable groups such as minorities, indigenous people, women and children or contribute to environmental problems;
Amendment 64 #
Motion for a resolution
Recital G
Recital G
G. whereas a significant number of corporations operating in third countries are based in Europe, are owned by European corporations, have assets or goods in Europe or control other corporations in Europe, or receive investments or use the financial services of institutions in Europe; whereas there is a practice whereby European corporations outsource activities to local suppliers or use goods or services in their production chains that have been produced or provided by other corporations in countries where human rights standards are lower or enforcement and victim protection are legally or factually lacking;
Amendment 72 #
Motion for a resolution
Recital H
Recital H
H. whereas, where human rights are breached, appropriate and effective remedies are required; whereas a fairer and more effective remedies system is needed under both domestic and international law to deal with human rights violations committed by business enterprises;
Amendment 75 #
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas victims of human rights abuses involving European companies face multiple obstacles to access judicial remedies, including procedural obstacles on admissibility and disclosure of evidence, often prohibitive litigation costs, absence of clear liability standards for corporate involvement in human rights abuses, and lack of clarity on the application of EU rules of private international law in transnational civil litigation;
Amendment 104 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on companies to integrate the findings of their human rights due diligence processes intocarry out human rights due diligence and integrate their findings into their policies and procedures, with resources and authority assigned accordingly, and to communicate their commitment and actions externally, in order to identify, prevent and mitigate any negative human rights impact of their activities;
Amendment 120 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that, if companies find that they have caused or contributed to harm, they must provide for or participate in effective remedy processes for the individuals and communities affected, that include restitution, compensation and guarantees of non-repetition;
Amendment 126 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Warmly welcomes the preparation of a binding UN Treaty on Business and Human Rights, and strongly; deplores the obstructive behaviour by the EU Member States in relation to this process and calls for the EU Member States and the EU itself to promote and take part constructively in this process;
Amendment 132 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the different but complementary roles of states and companies with regard to human rights protection; recalls that states have a duty to protect everyone within their jurisdictionhuman rights, including against human rights abuses committed by companies, even if they operate in third countries; strongly recalls that, where human rights abuses occur, the victims’ states must grant them access for the victims to an effective remedy, and points out that the EU shares that duty with regard to areas of exclusive or shared competence;
Amendment 143 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines that banks and other financing or lending institutions active in third countries should be included into the scope of such instruments and their enforcement, as they are equally liable for the human rights violations committed by the companies they finance or for the transactions that they enable; is convinced that national development banks must have an exemplary character concerning verifiable respect for human rights;
Amendment 150 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the EU and its Member States to implement the UNGPs swiftly and robustly, including by developing NaActional Action Plans Plans in all areas falling under their respective competence; deplores that, notwithstanding the Commission’s 2001 CSR communication, only a few Member States have adopted CSR statements or policies that mention human rights or have published their plans on business and human rights; and deplores that the EU has not published its plan; invites Member States to develop or review National Action Plans in line with the guidance provided by the UN Working Group on Business and Human Rights; calls for these plans to be developed on the basis of baseline assessments that identify gaps in laws, policies and practice and through meaningful stakeholder participation; calls on the Commission and Member States to establish a mechanism to monitor the implementation of these plans and assess their effectiveness;
Amendment 158 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU and the Member States to lay down clear requirements as to the facttake legal measures introducing the obligation that companies domiciled in their territory and/or jurisdiction must respect human rights throughout their operations, in every country and context in which they operate; considers that they should ensure that they have systems in place and in relation to their business relationships including outside the EU; considers that they should introduce mandatory due diligence systems for companies to assess risks and mitigate potential negative impacts related to human rights, labour, environmental protection and disaster- related aspects of their operations and value chains, and periodically assess the adequacy of such laws and address any shortcomings;
Amendment 162 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Recalls that recent legislative developments at national level, such as the UK Modern Slavery Act Transparency in Supply Chains Clause and the French Bill on duty of care represent important steps towards mandatory human rights due diligence, and that the EU has already taken such steps in this direction (EU Timber Regulation, EU Non- Financial Reporting Directive, EC Proposal for a Conflict Minerals Regulation); calls on the Commission and the EU Member States to build on these improvements and to keep moving towards the introduction of mandatory human rights due diligence;
Amendment 167 #
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Stresses that mandatory human rights due diligence should follow the steps required in the UNGPs and be guided by certain overarching principles related to the proactive identification of risks to human rights, the elaboration of rigorous and demonstrable action plans to prevent or mitigate these risks, adequate response to known abuses, and transparency; stresses that consultation with relevant actors should be ensured at all stages as well as disclosure of all relevant project or investment-specific information to affected stakeholders;
Amendment 169 #
Motion for a resolution
Paragraph 15 g (new)
Paragraph 15 g (new)
15g. Calls on the EU and Member States to prioritise for immediate action the establishment of mandatory human rights due diligence for: business enterprises which are owned or controlled by the State, receive substantial support and services from State agencies or European institutions; for businesses that provide goods or services to Member States or EU institutions through public procurement contracts; and for business enterprises whose activities pose particularly high risks to human rights;
Amendment 175 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member StatesEU to compel companies that use raw matminerials or commoditieand metals that might originate in conflict-affected areas (for example, so- called conflict minerals) to disclose their sourcing and use of such materialto carry out supply chain due diligence with the objective to prevent human rights abuses and avoid financing armed conflicts through their mineral sourcing practices; in particular, calls on the Commission and the EU Member States to support in the current legislative procedure on so- called conflict minerals mandatory supply chain due diligence requirements for companies throughout the minerals supply chain based on the OECD Due Diligence Guidance for Responsible Supply Chains;
Amendment 180 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes note with satisfaction that, as a result of the revision of the existing Accounting Directives regarding the disclosure of non-financial and diversity information, large companies and groups will be required, as from 2017, to disclose information on policies, risks and results as regards their respect for human rights and related issues; urges the Member States to implement the Revised Accounting Directive by 6 December 2016; calls on the Member States to include robust monitoring and enforcement mechanisms to ensure that companies are complying with the reporting requirements;
Amendment 184 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Urges the Commission to elaborate robust and clear guidance for companies on the new non-financial reporting requirements; recommends that this should include and elaborate on the minimum essential elements to disclose for an accurate and comprehensive understanding of the principal risks to, and impacts on, human rights of a company's activities and in a company's global value chain;
Amendment 185 #
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Invites the Commission to undertake a thorough examination, in consultation with civil society, of existing barriers to justice in cases brought before Member States' courts for alleged abuses to human rights committed by EU enterprises abroad; insists that this assessment should be geared towards identifying and promoting the adoption of effective measures that remove or alleviate these barriers;
Amendment 197 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that collective redress mechanismsalls on the EU and its Member States to tackle financial and procedural burdens in civil litigation; considers that collective redress mechanisms, including for non-EU claimants for abuses committed outside the EU, could potentially decrease the costs of litigation for victims of human rights infringements; welcomes the recommendation on collective redress adopted by the Commission9 and regrets that only a few Member States have complied with it; urges all Member States to comply with this recommendation; __________________ 9calls for common standards to allow associations to bring claims on behalf of alleged victims, including for non-EU claimants, for abuses committed outside of the EU; __________________ 9 OJ L 201, 26.7.2013, p. 60. OJ L 201, 26.7.2013, p. 60.
Amendment 205 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Requests that the Commission take all the necessary and possible steps as a matter of urgency to act in a holistic and coherent manner in order to introduce concrete rules on corporate responsiliability for human rights violations in third countries;
Amendment 213 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the new Generalised Scheme of Preferences Regulation (GSP+), which entered into force on 1 January 201410 , as a key EU trade policy instrument to promote human and labour rights, environmental protection and good governance in vulnerable developing countries; welcomes, in particular, the stringent and systematic GSP+ monitoring mechanism; is, however, disappointed that the Commission did not draw any consequences from its first report on the beneficiary countries' performance, which was often bad; recalls that the incentive scheme can and should be withdrawn in case of infringement of GSP+ conditions, and calls for a focus on effective implementation at national level of the conventions listed in the convenGSP+ Regulation; __________________ 10 http://ec.europa.eu/trade/policy/countries- and-regions/development/generalised- scheme-of-preferences/
Amendment 219 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. SRecalls the necessity to assess the possible human rights impacts of trade and investment agreements and to incorporate on this basis all the needed human rights clauses and safeguards able to mitigate and address identified risks of human rights impacts; urges to introduce in those agreements binding and enforceable clauses for all the stakeholders to respect international human rights law and standards and to set up monitoring, and remedies mechanisms able to efficiently prevent or deal with the human rights impacts of those agreements; strongly calls for the systematic inclusion in trade and investment agreements of rules on corporate liability for violations of human rights, to be implemented at national level, and of references to internationally recognised principles and guidelines;
Amendment 229 #
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for the extension of jurisdictional rules under the Brussels I Regulation11 to third country defendants in actions against parent companies domiciled or having substantive business or their main place of business in the Union; __________________ 11 http://eur-lex.europa.eu/legal- content/EN/TXT/?uri=URISERV%3Al330 54
Amendment 236 #
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls for improving access to evidence through enhanced procedures regarding the disclosure of evidence, as well as by reversing the burden of proof, so that it is down to the most well- resourced party to prove that it took all necessary due diligence steps to prevent abuses throughout its global operations;
Amendment 242 #
Motion for a resolution
Paragraph 29
Paragraph 29
29. Recalls that, when human rights violations are perpetrated by corporations, this action often involves personal criminal liability and calls for those responsible for such crimes to be prosecuted at whatever level; calls on Member States to address legal, procedural and practical obstacles that prevent prosecution authorities from investigating and prosecuting EU companies and their representatives involved in crimes linked to human rights abuses;
Amendment 253 #
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Invites the Commission and the Member States to report annually on the steps taken to ensure effective protection of human rights in the context of business activity, the results achieved, the remaining gaps in protection and recommendations to address these gaps in future;