Activities of Maria ARENA related to 2020/0353(COD)
Plenary speeches (1)
Batteries and waste batteries (debate)
Amendments (58)
Amendment 414 #
Proposal for a regulation
Article 2 – paragraph 1 – point 36
Article 2 – paragraph 1 – point 36
(36) ‘supplyvalue chain due diligence’ means the obligations of the economic operator which places a rechargeable industrial battery or an electric-vehicle battery on the market, in relation to its management system, risk management, third party verifications by notified bodies and disclosure of information with a view to identifying and addressing actual and potential risks linked to the sourcing, processing and trading of the raw materials required for battery manufacturing;
Amendment 431 #
Proposal for a regulation
Article 2 – paragraph 1 – point 56 a (new)
Article 2 – paragraph 1 – point 56 a (new)
(56a) ‘business relationships’ means subsidiaries and commercial relationships of an undertaking throughout its value chain, including suppliers and sub- contractors, which are directly linked to the undertaking’s business operations, products or services;
Amendment 850 #
Proposal for a regulation
Article 39 – title
Article 39 – title
Obligation for economic operators that place rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhall categories of batteries covered by this regulation on the market to establish supplyconduct value chain due diligence policies
Amendment 856 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. As of [12 months after the entry into force of the Regulation] the economic operator that places rechargeable industrial batteries and electric-vehicle batteries with internal storage and a capacity above 2 kWhall categories of batteries covered by this regulation on the market shall comply with the supply chain due diligence obligations set out in paragraphs 2 to 5 of this Article and shall keep documentation demonstrating its respective compliance with those obligations, including the results of the third-party verification carried out by notified bodies.
Amendment 861 #
Proposal for a regulation
Article 39 – paragraph 2 – point a
Article 39 – paragraph 2 – point a
(a) adopt, and clearly communicate to suppliers and the public, a company due diligence policy for the supply chain of raw materials indicated in Annex X, point 1, as well as for other associated environmental and human rights risks along the entire value-chain outlined in Annex X, point 2;
Amendment 867 #
Proposal for a regulation
Article 39 – paragraph 2 – point b
Article 39 – paragraph 2 – point b
(b) incorporate in its supply chain policy standards consistent with the standards set out in the model supply chain policy in Annex II to the OECD Due Diligence Guidanceinternationally recognised due diligence standards listed in Annex X, point 4;
Amendment 869 #
Proposal for a regulation
Article 39 – paragraph 2 – point c
Article 39 – paragraph 2 – point c
(c) structure its respective internal management systems to support supplyvalue chain due diligence by assigning responsibility to senior management to oversee the supplyvalue chain due diligence process as well as maintain records of those systems for a minimum of five years;
Amendment 871 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – introductory part
Article 39 – paragraph 2 – point d – introductory part
(d) establish and operate a system of controls and transparency over the supply chain, including a chain of custody or traceability system or the, identification ofying upstream actors in the supply chain.
Amendment 878 #
Proposal for a regulation
Article 39 – paragraph 2 – point d – subparagraph 2
Article 39 – paragraph 2 – point d – subparagraph 2
Amendment 882 #
Proposal for a regulation
Article 39 – paragraph 2 – point e
Article 39 – paragraph 2 – point e
(e) incorporate its supplyvalue chain policy into contracts and agreements with suppliers, including their risk management measures;
Amendment 885 #
Proposal for a regulation
Article 39 – paragraph 2 – point f
Article 39 – paragraph 2 – point f
(f) establish a grievance mechanism as an early-warning risk-awareness system and remediation mechanism for harm or provide such mechanism through collaborative arrangements with other economic operators or organisations, or by facilitating recourse to an external expert or body, such as an ombudsman.
Amendment 889 #
Proposal for a regulation
Article 39 – paragraph 3 – point a
Article 39 – paragraph 3 – point a
(a) identify and assess theall adverse impacts associated to the risk categories including, but not exclusive to, those listed in Annex X, point 2, in its supplyvalue chain on the basis of the information provided pursuant to paragraph 2, and any other relevant information that is either publicly available or provided by stakeholders, including potentially affected communities and relevant civil society organisations, against the standards of their supplyvalue chain policy;
Amendment 894 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point i
Article 39 – paragraph 3 – point b – point i
(i) reporting findings of the supply value chain risk assessment to senior management designated for that purpose;
Amendment 896 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point ii
Article 39 – paragraph 3 – point b – point ii
(ii) adopting risk management measures consistent with Annex II to the OECD Dthe internationally recognised due Ddiligence Guidancestandards listed in Annex X point 3a(new), considering their ability to influence, and where necessary take steps to exert pressure on supplierbusiness relationships who can most effectively prevent or mitigate the identified risk;
Amendment 898 #
Proposal for a regulation
Article 39 – paragraph 3 – point b – point iii
Article 39 – paragraph 3 – point b – point iii
(iii) implementing the risk management plan, monitoring and tracking performance of risk mitigation efforts, reporting back to senior management designated for this purpose and considering suspending or discontinuing engagement with a supplierbusiness relationship after failed attempts at mitigation, based on relevant contractual arrangements in line with the second subparagraph to paragraph 2 above;
Amendment 905 #
Proposal for a regulation
Article 39 – paragraph 4 – introductory part
Article 39 – paragraph 4 – introductory part
4. The economic operator referred to in paragraph 1 shall have their supplyvalue chain due diligence polracticies verified by a notified body (“third-party verification”).
Amendment 910 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point a
Article 39 – paragraph 4 – subparagraph 1 – point a
(a) include in its scope all activities, processes and systems used by economic operators to implement their supplyvalue chain due diligence requirements in accordance with paragraphs 2, 3 and 5;
Amendment 912 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point b
Article 39 – paragraph 4 – subparagraph 1 – point b
(b) have as its objective the determination of conformity of the supplyvalue chain due diligence practices of economic operators placing batteries on the market with paragraphs 2, 3 and 5; as well as, where relevant, carry out checks on undertakings and gather information from stakeholders, including potentially affected communities and relevant civil society organisations;
Amendment 915 #
Proposal for a regulation
Article 39 – paragraph 4 – subparagraph 1 – point c
Article 39 – paragraph 4 – subparagraph 1 – point c
(c) make recommendations to the economic operators that place batteries on the market on how to improve their supplyvalue chain due diligence practices;
Amendment 920 #
Proposal for a regulation
Article 39 – paragraph 6 – introductory part
Article 39 – paragraph 6 – introductory part
6. The economic operator referred to in paragraph 1 shall make available to its immediate downstream purchasers all information gained and maintained pursuant to its supplyvalue chain due diligence policies with due regard for business confidentiality and other competitive concerns.
Amendment 924 #
Proposal for a regulation
Article 39 – paragraph 6 – subparagraph 1
Article 39 – paragraph 6 – subparagraph 1
The economic operator referred to in paragraph 1 shall on an annual basis, publicly report as widely as possible, including on the internet, on its supplyvalue chain due diligence policies. That report shall contain the steps taken by that economic operator to comply with the requirements set out in paragraphs 2 and 3, including findings of significant adverse impacts in the risk categories listed in Annex X, point 2, and how they have been addressed, as well as a summary report of the third-party verifications carried out in accordance with point 4, including the name of the notified body, with due regard for business confidentiality and other competitive concerns.
Amendment 928 #
Proposal for a regulation
Article 39 – paragraph 7
Article 39 – paragraph 7
7. The Commission shall develop guidance as regards the application of the due diligence requirements defined in paragraphs 2 and 3 of this Article, with regard to the social and environmental risks referred to in Annex X, point 2, and particularly in line with the international instruments referred to in Annex X, point 3 and 3a (new).
Amendment 929 #
Proposal for a regulation
Article 39 – paragraph 7 – point a (new)
Article 39 – paragraph 7 – point a (new)
(a) In order to enable Member States to ensure compliance with the Regulation according to Article 69, Member States shall be responsible for carrying out appropriate checks;
Amendment 930 #
Proposal for a regulation
Article 39 – paragraph 7 – point b (new)
Article 39 – paragraph 7 – point b (new)
(b) The checks referred to in paragraph a shall be conducted by taking a risk-based approach, as well as in cases when a competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning the compliance by an economic operator with this Regulation;
Amendment 931 #
Proposal for a regulation
Article 39 – paragraph 7 – point c (new)
Article 39 – paragraph 7 – point c (new)
(c) The checks referred to in paragraph a should include on-the-spot inspections, including at the premises of the economic operator;
Amendment 932 #
Proposal for a regulation
Article 39 – paragraph 7 – point d (new)
Article 39 – paragraph 7 – point d (new)
(d) Economic operators shall offer all the assistance necessary to facilitate the performance of the checks referred to in paragraph a, in particular as regards access to premises and the presentation of documentation and records;
Amendment 933 #
Proposal for a regulation
Article 39 – paragraph 7 – point e (new)
Article 39 – paragraph 7 – point e (new)
(e) In order to ensure clarity of tasks and consistency of action among Member State competent authorities, the Commission shall prepare non-binding guidelines in the form of a handbook detailing the steps to be followed by Member State competent authorities carrying out the checks referred to in paragraph a. Those guidelines shall include, as appropriate, templates of documents facilitating the implementation of this Regulation;
Amendment 934 #
Proposal for a regulation
Article 39 – paragraph 7 – point f (new)
Article 39 – paragraph 7 – point f (new)
(f) Member State shall keep records of checks referred to in paragraph a indicating in particular the nature and results of such checks, as well as records of any notice of remedial action issued under Article 69;
Amendment 935 #
Proposal for a regulation
Article 39 – paragraph 7 – point g (new)
Article 39 – paragraph 7 – point g (new)
(g) Member States shall collect all reports of the economic operators and publish them on a website including the names of the economic operators that have not reported. Results of ex-post check should be reported annually.
Amendment 936 #
Proposal for a regulation
Article 39 – paragraph 7 – subparagraph 1 a (new)
Article 39 – paragraph 7 – subparagraph 1 a (new)
In accordance with the civil liability regimes of Member States, economic operators are liable for adverse impact they or the entities they control or are able to control caused or contributed to. Member States shall ensure that the limitation period for bringing civil liability claims concerning harm arising out of adverse impacts on human rights and the environment is reasonable and that economic operators carry the burden of evidence for not having caused or contributed to a harm.
Amendment 944 #
Proposal for a regulation
Article 39 – paragraph 8 – point b
Article 39 – paragraph 8 – point b
(b) amend the obligations on the economic operator referred to in paragraph 1 set out in paragraphs 2 to 4 in view of amendments to Regulation (EU) 2017/821 and changes to the due diligence recommendations set out in Annex I to the OECD Dthe internationally recognised due Ddiligence Guidancestandards listed in Annex X point 3.
Amendment 1343 #
Proposal for a regulation
Annex X – point 1 – point d a (new)
Annex X – point 1 – point d a (new)
(da) copper;
Amendment 1345 #
Proposal for a regulation
Annex X – point 1 – point d b (new)
Annex X – point 1 – point d b (new)
(db) iron;
Amendment 1351 #
Proposal for a regulation
Annex X – point 1 – point d c (new)
Annex X – point 1 – point d c (new)
(dc) bauxite;
Amendment 1354 #
Proposal for a regulation
Annex X – point 2 – point a
Annex X – point 2 – point a
(a) air (including but not limited to air pollution);
Amendment 1356 #
Proposal for a regulation
Annex X – point 2 – point b
Annex X – point 2 – point b
(b) water (including but not limited to water contamination, access to water, water usage and depletion);
Amendment 1358 #
Proposal for a regulation
Annex X – point 2 – point c
Annex X – point 2 – point c
(c) soil (including but not limited to soil contamination, soil erosion and land degradation);
Amendment 1361 #
Proposal for a regulation
Annex X – point 2 – point d
Annex X – point 2 – point d
(d) biodiversity (including but not limited to damage to habitats, wildlife, flora and ecosystem services);
Amendment 1365 #
Proposal for a regulation
Annex X – point 2 – point i
Annex X – point 2 – point i
(i) community life., including that of indigenous people;
Amendment 1367 #
Proposal for a regulation
Annex X – point 2 – point i a (new)
Annex X – point 2 – point i a (new)
(ia) climate change;
Amendment 1370 #
Proposal for a regulation
Annex X – point 2 – point i b (new)
Annex X – point 2 – point i b (new)
(ib) waste treatment (including but not limited to mine tailings);
Amendment 1374 #
Proposal for a regulation
Annex X – point 3 – point e
Annex X – point 3 – point e
(e) OECD Due Diligence Guidance for Responsible Business Conduct; andUNECE Convention on Long- range Transboundary Air Pollution (1979) and Extended Protocols;
Amendment 1376 #
Proposal for a regulation
Annex X – point 3 – point f
Annex X – point 3 – point f
(f) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.Industrial Emissions Directive;
Amendment 1377 #
Proposal for a regulation
Annex X – point 3 – point f a (new)
Annex X – point 3 – point f a (new)
(fa) Setting Site Water Targets Informed By Catchment Context: A Guide For Companies (2019);
Amendment 1378 #
Proposal for a regulation
Annex X – point 3 – point f b (new)
Annex X – point 3 – point f b (new)
(fb) Guidance for Companies on Respecting the Human Rights to Water and Sanitation (2015);
Amendment 1379 #
Proposal for a regulation
Annex X – point 3 – point f c (new)
Annex X – point 3 – point f c (new)
(fc) Ramsar Convention;
Amendment 1380 #
Proposal for a regulation
Annex X – point 3 – point f d (new)
Annex X – point 3 – point f d (new)
(fd) Voluntary Guidelines for Sustainable Soil Management (2017);
Amendment 1381 #
Proposal for a regulation
Annex X – point 3 – point f e (new)
Annex X – point 3 – point f e (new)
(fe) Land use, land use change and Forestry Regulation;
Amendment 1382 #
Proposal for a regulation
Annex X – point 3 – point f f (new)
Annex X – point 3 – point f f (new)
(ff) Framework for Corporate Action on Biodiversity and Ecosystem (2012);
Amendment 1383 #
Proposal for a regulation
Annex X – point 3 – point f g (new)
Annex X – point 3 – point f g (new)
(fg) UN Paris Agreement;
Amendment 1384 #
Proposal for a regulation
Annex X – point 3 – point f h (new)
Annex X – point 3 – point f h (new)
(fh) Adapting for a Green Economy: Companies, Communities and Climate Change (2011);
Amendment 1385 #
Proposal for a regulation
Annex X – point 3 – point f i (new)
Annex X – point 3 – point f i (new)
(fi) The Guide for Responsible Corporate Engagement in Climate Policy (2013);
Amendment 1386 #
Proposal for a regulation
Annex X – point 3 – point f j (new)
Annex X – point 3 – point f j (new)
(fj) Minamata Convention;
Amendment 1387 #
Proposal for a regulation
Annex X – point 3 – point f k (new)
Annex X – point 3 – point f k (new)
(fk) Best Available Techniques (BAT) Reference Document for the Management of Waste from Extractive Industries in accordance with Directive 2006/21/EC (2018);
Amendment 1388 #
Proposal for a regulation
Annex X – point 3 – point f l (new)
Annex X – point 3 – point f l (new)
(fl) EU Mining Waste Directive;
Amendment 1389 #
Proposal for a regulation
Annex X – point 3 – point f m (new)
Annex X – point 3 – point f m (new)
(fm) Aarhus Convention;
Amendment 1390 #
Proposal for a regulation
Annex X – point 3 – point f n (new)
Annex X – point 3 – point f n (new)
(fn) Environmental Liability Directive (Directive 2004/35/EC)
Amendment 1392 #
Proposal for a regulation
Annex X – point 3 a (new)
Annex X – point 3 a (new)
3a. The internationally recognized due diligence principles applicable to the due diligence established under Art.39 of this Regulation: (a) UN Guiding Principles for Businesses and Human Rights; (b) OECD Guidelines for Multinational Enterprises (c) OECD Due Diligence Guidance for Responsible Business Conduct; and (d) OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas.