21 Amendments of Krzysztof HETMAN related to 2021/0104(COD)
Amendment 61 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) The reporting by undertaking, should, however, following the principle of proportionality, not cause an excessive burden on companies or require efforts non-proportionate to the size of the company, its staff and/or scope of business activities, thus putting into danger the employment and/or incomes of management and personnel, engaged in the usual business activities, by imposing new structures, job titles and management positions to the company staff.
Amendment 62 #
Proposal for a directive
Recital 8 b (new)
Recital 8 b (new)
(8b) There should, furthermore, be no double reporting required and this Directive shall not be interpreted as requiring any reporting, already mandatory under another European or national legislative act, whereas certain adaptation of national legislation might be necessary in order to avoid double reporting
Amendment 66 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Reporting could, however, not disclose any and all information on sustainability issues, either required by investors or expected by the public. Therefore, this Directive should by no means be interpreted as relieving public authorities of their duties or market players and social partners of their professional responsibilities.
Amendment 68 #
Proposal for a directive
Recital 11
Recital 11
(11) The report on the review clause of the Non-Financial Reporting Directive (Directive 2014/95/EU), and its accompanying fitness check on corporate reporting, identified problems as to the effectiveness of that Directive48 . There is significant evidence that many undertakings do not disclose material information on all major sustainability- related topics. The report also identified as significant problems the limited comparability and reliability of sustainability information. Additionally, many undertakings from which users need suTherefore, this Directive aims mainly at proper reinforcement of the existainability information g rules for large not obliged to report suchand listed companies and the harmonization of the sustainability information required. _________________ 48 Publication office: please insert reference to Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the review clauses in Directives 2013/34/EU, 2014/95/EU, and 2013/50/EU, and accompanying SWD- Fitness Check.
Amendment 77 #
Proposal for a directive
Recital 16
Recital 16
(16) The requirement that also large non-listed undertaking, but potentially harmful undertakings from high-impact sectors should disclose information on sustainability matters is mainly driven by concerns about the impacts and accountability of such undertakings, including through their value chain. In this respect, all large undertaking. In this respect, all large and potentially harmful undertakings from high-impact sectors should be subject to the same requirements to report sustainability information publicly. In addition, financial market participants also need information from those large non-listed undertakings.
Amendment 81 #
Proposal for a directive
Recital 18
Recital 18
(18) Considering the growing relevance of sustainability-related risks and taking into account that small and medium-sized enterprises (SMEs) listed on regulated markets comprise a significant proportion of all listed undertakings in the Union, in order to ensure investor protection it is appropriate to require that also those SMEs disclose limited information on sustainability matters. The introduction of this requirement will help to ensure that financial market participants can include smaller listed undertakings in investment portfolios on the basis that they report the sustainability information that financial market participants need. It will therefore help to protect and enhance the access of smaller listed undertakings to financial capital, and avoid discrimination against such undertakings on the part of financial market participants. The introduction of this requirement is also necessary to ensure that financial market participants have the information they need from investee undertakings to be able to comply with their own sustainability disclosure requirements laid down in Regulation (EU) 2019/2088. SMEs listed on regulated markets should, however, be provided with sufficient time to prepare for the application of the requirement to report limited sustainability information, due to their smaller size, limited scope of activities and more limited resources, and taking account of the difficult economic circumstances created by the COVID-19 pandemic. They should also be given the possibility to report according to standards that are proportionate to the capacities and resources of SMEs. Non- listed SMEs can also choose to use these proportionate standards on a strictly voluntary basis. The SME standards will set a reference for undertakings that are within the scope of the Directive regarding the level of sustainability information that they could reasonably request from SME suppliers and clients in their value chainss. No public authority or publicly regulated entity whatsoever shall require or consider beneficial voluntary sustainability reporting from a non-listed SME, including, but not limited to, as precondition for participation in public procurements, tenders etc.
Amendment 83 #
Proposal for a directive
Recital 18
Recital 18
(18) Considering the growing relevance of sustainability-related risks and taking into account that small and medium-sized enterprises (SMEs) listed on regulated markets comprise a significant proportion of all listed undertakings in the Union, in order to ensure investor protection it is appropriate to require that also those SMEs disclose information on sustainability matters. The introduction of this requirement will help to ensure that financial market participants can include smaller listed undertakings in investment portfolios on the basis that they report the sustainability information that financial market participants need. It will therefore help to protect and enhance the access of smaller listed undertakings to financial capital, and avoid discrimination against such undertakings on the part of financial market participants. The introduction of this requirement is also necessary to ensure that financial market participants have the information they need from investee undertakings to be able to comply with their own sustainability disclosure requirements laid down in Regulation (EU) 2019/2088. SMEs listed on regulated markets should, however, be provided with sufficient time to prepare for the application of the requirement to report sustainability information, due to their smaller size and more limited resources, and taking account of the difficult economic circumstances created by the COVID-19 pandemic. They should also be given the possibility to report according to standards that are proportionate to the capacities and resources of SMEs. Non- listed SMEs can also choose to use these proportionate standards on a voluntary basis. The SME standards will set a reference for undertakings that are within the scope of the Directive regarding the level of sustainability information that they could reasonably request from SME suppliers and clients in their value chains.
Amendment 105 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) Achieving a climate neutral economy is also posing significant risk to employment levels and quality, especially in transition sectors and regions. Therefore, undertakings in those sectors and regions should also report on possible risks and negative trends regarding employment and incomes, due to flaws in the transition process.
Amendment 107 #
Proposal for a directive
Recital 43
Recital 43
(43) Sustainability reporting standards should specify the information that undertakings should disclose on social factors, including employee factors and human rights. Such information should cover the impacts of undertakings on people, including on human health. The information that undertakings disclose about human rights should include information about forced labour in their value chains where relevant, , but in no way should such reports replace the public authorities’ responsibility to address import of goods, produced as result of human rights abuses, including forced labour, by trade policy and diplomacy means. Reporting standards that address social factors should specify the information that undertakings should disclose with regard to the principles of the European Pillar of Social Rights that are relevant to businesses, including equal opportunities for all and working conditions. The European Pillar of Social Rights Action Plan adopted in March 2021 calls for stronger requirements on undertakings to report on social issues. The reporting standards should also specify the information that undertakings should disclose with regard to the human rights, fundamental freedoms, democratic principles and standards established in the International Bill of Human Rights and other core UN human rights conventions, the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work, the fundamental conventions of the International Labour Organisation, and the Charter of Fundamental Rights of the European Union and the UN Convention on the Rights of Persons with Disabilities. The reporting on social factors should be proportionate to the scope and goals of this Directive, thus limited to essential rights and freedoms along the value chain.
Amendment 133 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 1
Article 19a – paragraph 1
1. Large undertakings and, as of 1 January 2026,, including small and medium-sized listed undertakings as of 1 January 2026, when subject to this Directive, which are undertakings referred to in Article 2, point (1), point (a), as well as high-impact undertakings, shall include in the management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.
Amendment 156 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – subparagraph 1 – point e – point i
Article 19a – paragraph 2 – subparagraph 1 – point e – point i
Amendment 160 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – subparagraph 1 – point e – point ii
Article 19a – paragraph 2 – subparagraph 1 – point e – point ii
(ii) the principal actual or potential adverse impacts connected with the undertaking’s value chain, including its own operations, its products and services, its business relationships and itsthe supply chain in high- impact sectors;
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 1
Article 19b – paragraph 2 – subparagraph 1
2. The sustainability reporting standards referred to in paragraph 1 shall require that the information to be reported is understandable, accessible in particular for persons with disabilities relevant, representative, verifiable, comparable, and is represented in a faithful manner.
Amendment 199 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 2 – point b – point i
Article 19b – paragraph 2 – subparagraph 2 – point b – point i
(i) equal treatment and opportunities for all, including gender equality and equal pay for equal workwork, measures for just transition in the vulnerable regions and sectors, including, but not limited to measures under the Just Transition Mechanism, training and skills development, and employment and inclusion of people with disabilities;
Amendment 204 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 2 – point b – point i a (new)
Article 19b – paragraph 2 – subparagraph 2 – point b – point i a (new)
(ia) the recognition of trade unions, existence of collective agreements and the coverage of workers therein;
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 2 – point b – point ii
Article 19b – paragraph 2 – subparagraph 2 – point b – point ii
(ii) working conditions, including secure and adaptable employment, wages, social dialogueincluding adaptation to social and climate factors and to market disturbances, caused by green transition policies, availability of just transition policies in the vulnerable regions and sectors, adequacy of wages, social dialogue, freedom of association, collective bargaining and the involvement of workers, work-life balance, and a healthy, and safety, and well-just transition measures adaopted work environmentthrough social dialogue;
Amendment 217 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 2 – point b – point iii a (new)
Article 19b – paragraph 2 – subparagraph 2 – point b – point iii a (new)
(iiia) human rights impact assessments carried out by the relevant public authorities and adopted by the undertaking with respect violation of essential human rights and in particular against forced labour and child labour and the implementation of the undertaking's policy on free, prior and informed consent.
Amendment 220 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2 – subparagraph 2 – point c – point i
Article 19b – paragraph 2 – subparagraph 2 – point c – point i
(i) the role of the undertaking’s administrative, management and supervisory bodies, including with regard to sustainability matters, and their composition;
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19c – paragraph 1
Article 19c – paragraph 1
The Commission shall, by 31 October 2024 at the latest, adopt a delegated acts in accordance with Article 49 to provide for sustainability reporting standards proportionate to the capacities and characteristics oflisting for which sectors small and medium- sized- undertakings. Those sustainability reporting standards shall specify which information referred to in Articles 19a and 29a are to report according to Articles 19a and 29a. The list of sectors shall list sectors according to the third level of NACE Rev, 2 as defined by Article 2(c) of Regulation (EC) No1893/2006. The delegated act smhall and medium-sized undertakings referred to in Article 2, point (1)(a) shall report. They shall take into account the criteria set out in Article 19b, paragraphs 2 and 3. They shall also, where relevant, specify the structure in which that information shall be reportedlist sectors that according to their nature or their overall impact on environmental, social or governance factors pose a particular impact unsustainability matters. When adopting that delegated act, the Commission shall take into consideration if mandatory reporting would particularly benefit the access to financial capital for the concerned small and medium sized- undertakings or if the disclosure of information would have a particular benefit for other stakeholders.
Amendment 230 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19c – paragraph 2
Article 19c – paragraph 2
The Commission shall adopt those delegated acts at the latest by 31 October 20234.
Amendment 243 #
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29 a – paragraph 2 – subparagraph 1 – point e – point i
Article 29 a – paragraph 2 – subparagraph 1 – point e – point i