Activities of Maria ARENA related to 2022/0051(COD)
Plenary speeches (1)
Corporate Sustainability Due Diligence (debate)
Amendments (45)
Amendment 93 #
Proposal for a directive
Recital 2
Recital 2
(2) A high level of protection and improvement of the quality of the environment, achieving climate neutrality by 2050, and promoting European core values are among the priorities of the Union, as set out in the Commission’s Communication on A European Green Deal74 . These objectives require the involvement not only of the public authorities but also of private actors, in particular companies. To achieve these objectives, the green transition should ensure that the Union economy respects planetary boundaries, is achieved in a just and inclusive way, and contributes to reducing inequalities and ensuring the right to a clean, healthy, and sustainable environment. __________________ 74 Communication from the Commission to the European Parliament the European Council, the Council, the European Economic and Social Committee and the Committee of the Region “The European Green Deal” (COM/2019/640 final).
Amendment 100 #
Proposal for a directive
Recital 4
Recital 4
(4) The behaviour of companies across all sectors of the economy is key to success in the Union’s sustainability objectives as Union companies, especially large ones, rely on global value chains. It is also in the interest of companies to protect human rights and the environment, participate in mitigating climate change, and respect all planetary boundaries, in particular given the rising concern of consumers and investors regarding these topics. Several initiatives fostering enterprises which support value-oriented transformation already exist on Union77 , as well as national78 level. __________________ 77 ‘Enterprise Models and the EU agenda’, CEPS Policy Insights, No PI2021-02/ January 2021. 78 E.g. https://www.economie.gouv.fr/entreprises/ societe-mission
Amendment 115 #
Proposal for a directive
Recital 11
Recital 11
(11) The Action Plan on a Circular Economy91 , the Biodiversity strategy92 , the Farm to Fork strategy93 and the Chemicals strategy94 the PharmaceuticalStrategy1a, the 2021 EU Action Plan Towards Zero Pollution for Air, Water and Soil1b, and Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery95 , Industry 5.096 and the European Pillar of Social Rights Action Plan97 and the 2021 Trade Policy Review98 list an initiative on sustainable corporate governance among their elements. __________________ 91 Communication from the Commission to Due diligence requirements under this Directive should therefore contribute to preserving and restoring marine and terrestrial biodiversity by, inter alia, halting, mitigating and reversing biodiversity loss and improving the state of ecosystems and their functions and the services they provide, and by improving the state of the environment, in particular air, water and soil, as well as combating desertification and soil degradation. They should also contribute towards accelerating the transition to a non-toxic circular economy, where growth is regenerative, resources are used efficiently and sustainably, and the waste hierarchy is respected as well as significantly reducing key environmental and climate pressures related to the Union’s production and consumption. Due diligence requirements under this Directive should also contribute to the objectives of the Zero Pollution Action Plan of creating a toxic-free environment, including for air, water and soil, as well as in relation to light and noise pollution, and protecting the health and well-being of people, animals and ecosystems from environment-related risks and negative impacts. __________________ 1a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Pharmaceutical Strategy for Europe (COM/2020/761 final). 1b Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Pathway to a Healthy Planet for All, EU Action Plan: 'Towards Zero Pollution for Air, Water and Soil' COM(2021) 400 final. 91 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on A new Circular Economy Action Plan For a cleaner and more competitive Europe (COM/2020/98 final). 92 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the EU Biodiversity Strategy for 2030 Bringing nature back into our lives (COM/2020/380 final). 93 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on A Farm to Fork Strategy for a fair, healthy and environmentally-friendly food system (COM/2020/381 final). 94 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on the Chemicals Strategy for Sustainability Towards a Toxic-Free Environment (COM/2020/667 final). 95 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Updating the 2020 New Industrial Strategy: Building a stronger Single Market for Europe’s recovery (COM/2021/350 final). 96 Industry 5.0; https://ec.europa.eu/info/research-and- innovation/research-area/industrial- research-and-innovation/industry-50_en 97 https://op.europa.eu/webpub/empl/europea n-pillar-of-social-rights/en/ 98 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Trade Policy Review – An Open, Sustainable and Assertive Trade Policy (COM/2021/66/final).
Amendment 119 #
Proposal for a directive
Recital 14
Recital 14
(14) This Directive aims to ensure that companies active in the internal market contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation, bringing to an end and minimisation of potential or actual adverse human rights and, environmental, and climate impacts connected with companies’ own operations, products throughout their life cycle and services, subsidiaries and value chains.
Amendment 124 #
Proposal for a directive
Recital 15
Recital 15
(15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, products throughout their life cycle and services, their subsidiaries, as well as their established direct and indirect business relationships throughout their value chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s value chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.
Amendment 126 #
Proposal for a directive
Recital 16
Recital 16
(16) The due diligence process set out in this Directive should cover the six steps defined by the OECD Due Diligence Guidance for Responsible Business Conduct, which include due diligence measures for companies to identify and address adverse human rights and, environmental, and climate impacts. This encompasses the following steps: (1) integrating due diligence into policies and management systems, (2) identifying and assessing adverse human rights and, environmental, and climate impacts, (3) preventing, ceasing or minimising actual and potential adverse human rights, and environmental, and climate impacts, (4) assessing the effectiveness of measures, (5) communicating, (6) providing remediation.
Amendment 130 #
Proposal for a directive
Recital 17
Recital 17
(17) Adverse human rights and, environmental, and climate impact occur in companies’ own operations, subsidiaries, products, and in their value chains, in particular at the level of raw material sourcing, manufacturing, or at the level of product or waste management and disposal. In order for the due diligence to have a meaningful impact, it should cover human rights and, environmental, and climate adverse impacts generated throughout the life-cycle of production and use, use, waste management, and disposal of product or provision of services, at the level of own operations, subsidiaries and in value chains.
Amendment 133 #
Proposal for a directive
Recital 18
Recital 18
(18) The value chain should cover all activities related to the production and use of a good or provision of services by a company, including the development of the product or the service and the use, waste management, and disposal of the product as well as the related activities of established business relationships of the company. It should encompass upstream established direct and indirect business relationships that design, extract, manufacture, transport, store and supply primary and secondary raw material, products, parts of products, or provide services to the company that are necessary to carry out the company’s activities, and also downstream relationships, including established direct and indirect business relationships, that use or receive products, parts of products or services from the company up to the end of life of the product, including inter alia the distribution of the product to retailers, the transport and storage of the product, dismantling of the product, its recycling, composting or landfilling.
Amendment 146 #
Proposal for a directive
Recital 22
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and, environmental, and climate issues, the selection of high-impact sectors for the purposes of this Directive should, not exclusively, be based on existing sectoral OECD due diligence guidance. The following sectors should, not exclusively, be regarded as high-impact for the purposes of this Directive: the energy sector including gas, nuclear, steam, electricity and other sources throughout their life cycle; the chemical sector; the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; plastic production; waste shipment and management; agriculture, forestry, fisheries (including aquaculture), the management of land and resources, the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction and refining of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non- metallic minerals and quarry products), 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). As regards the financial sector, due to its specificities, in particular as regards the value chain and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liability; financial and insurance activities.
Amendment 152 #
Proposal for a directive
Recital 23
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse, environmental, and climate impacts with respect to companies’ operations, products and services throughout their life cycle, subsidiaries and value chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 1508 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 40 million but less than EUR 150 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 2 years after the end of the transposition period of this Directive.
Amendment 157 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on protected persons resulting from the violation of one of the rights and prohibitions as enshrined in the international conventions as listed in the Annex to this Directive. In order to ensure a comprehensive coverage of human rights, a violation of a prohibition or right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions should also form part of the adverse human rights impact covered by this Directive, provided that the company concerned could have reasonably established the risk of such impairment and any appropriate measures to be taken in order to comply with the due diligence obligations under this Directive, taking into account all relevant circumstances of their operations, such as the sector and operational context. Due diligence should further encompass adverse environmental impacts resuland climate impacts meaning impacts contributing fromto the violation of one of the prohibitions and obexceeding of planetary boundaries or an adverse impact on the following elements: cligmations pursue, air antd to the international environmental conventions listed in the Annex to this Directivehe atmosphere, water and access to water, soil, biodiversity, the transition to a circular economy, light, noise and vibration or human health including occupational health and safety.
Amendment 160 #
Proposal for a directive
Recital 27
Recital 27
(27) In order to conduct appropriate human rights, and environmental and climate due diligence with respect to their operations, products and services throughout their life-cycle, their subsidiaries, and their value chains, companies covered by this Directive should integrate due diligence into corporate policies with short-, medium- and long-term measures and targets, identify, prevent and mitigate as well as bring to an end and minimise the extent of potential and actual adverse human rights and environm, environmental, and climate impacts, meaningfully engage with stakeholders whose rights or interests are or could be affected by actual or potential impactsadverse impacts along its value chain, establish and maintain a complaints procedure, monitor and assess the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising actual adverse impacts should be clearly distinguished in this Directive.
Amendment 164 #
Proposal for a directive
Recital 28
Recital 28
(28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their corporate policies and have in place a due diligence policy with short-, medium-and long-term measures and targets. The due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to established business relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also update their due diligence policy annually.
Amendment 167 #
Proposal for a directive
Recital 29
Recital 29
(29) To comply with due diligence obligations, companies need to take appropriate measures with respect to identification, prevention and bringing to an end adverse impacts. An ‘appropriate measure’ should mean a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific business relationship and the company’s influence thereof, and the need to ensure prioritisation of action. In this context, in line with international frameworks, the company’s influence over a business relationship should include, on the one hand its ability to persuade the business relationship to take action to bring to an end or prevent adverse impacts (for example through ownership or factual control, market power, pre-qualification requirements, linking business incentives to human rights and environmental performance, etc.) and, on the other hand, the degree of influence or leverage that the company could reasonably exercise, for example through cooperation with the business partner in question or engagement with another company which is the direct business partner of the business relationship associated with adverse impact.
Amendment 169 #
Proposal for a directive
Recital 30
Recital 30
(30) Under the due diligence obligations set out by this Directive, a company should identify actual or potential adverse human rights and, environmental, and climate impacts. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on quantitative and qualitative information. For instance, as regards adverse environmental and climate impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental and climate context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Regulated financial undertakings providing loan, credit, or other financial services should identify theWhere the company cannot prevent, bring to an end or minimize all its adverse impacts only at the inception of the contract. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procurement and pricing practices. Where the company cannot prevent, bring to an end or minimize all its adverse impacts at the same time, it should be able to prioritize its action, provided it takes the measures reasonably available to the company, taking into account the specific circumstancessame time, it should develop and implement a prioritisation strategy in consultation with stakeholders, which shall take into account the level of severity, likelihood and reversibility of the different potential adverse impacts on human rights, the environment and climate.
Amendment 178 #
Proposal for a directive
Recital 33
Recital 33
(33) Under the due diligence obligations set out by this Directive, if a company identifies potential adverse human rights or, environmental, and climate impacts, it should take appropriate measures to prevent and adequately mitigate them. To provide companies with legal clarity and certainty, this Directive should set out the actions companies should be expected to take for prevention and mitigation of potential adverse impacts where relevant depending on the circumstances.
Amendment 182 #
Proposal for a directive
Recital 36
Recital 36
(36) In order to ensure that prevention and mitigation of potential adverse impacts is effective, companies should prioritize engagement with business relationships in the value chain, instead of terminating the business relationship, as a last resort action after attempting at preventing and mitigating adverse potential impacts without success. However, the Directive should also, for cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, refer to the obligation for companies to refrain from entering into new or extending existing relations with the partner in question and, where the law governing their relations so entitles them to, to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and minimistigation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company. In these instances, the company should collaborate with the entity which can most effectively prevent or mitigate adverse impacts at the level of the indirect business relationship while respecting competition law.
Amendment 185 #
Proposal for a directive
Recital 38
Recital 38
(38) Under the due diligence obligations set out by this Directive, if a company identifies actual human rights or, environmental, and climate adverse impacts, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in their own operations and in subsidiaries. However, it should be clarified that, as regards established business relationships, where adverse impacts cannot be brought to an end, companies should minimise the extent of such impacts. Minimistigation of the extent of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. To provide companies with legal clarity and certainty, this Directive should define which actions companies should be required to take for bringing actual human rights and, environmental, and climate adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances.
Amendment 190 #
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons, groups, communities, entities and organisations to submit complaints directly to them in case of legitimate concerns regarding actual or potential human rights and, environmental, and climate 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 inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. 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 199 #
Proposal for a directive
Recital 46 a (new)
Recital 46 a (new)
(46a) Stakeholders, including human rights and environmental defenders should be engaged effectively, meaningfully and in an appropriate manner by companies throughout the entire due diligence process. Companies should pay particular attention to overlapping vulnerabilities and intersecting factors in stakeholder engagement, including by adopting a gender-responsive approach. Companies should provide meaningful information to stakeholders about actual and potential adverse human rights, environmental and climate impacts of particular operations, projects and investments, in a timely and culturally sensitive and accessible manner taking into account specifics of the stakeholder group including gender. Companies must respect the rights of Indigenous Peoples, as laid out in the United Nations Declaration on the Rights of Indigenous Peoples, including free, prior and informed consent and indigenous peoples’ right to self- determination.
Amendment 203 #
Proposal for a directive
Recital 49
Recital 49
(49) The Commission and Member States should continue to work in partnership with third countries to support upstream economic operators build the capacity to effectively prevent and mitigate adverse human rights and environmental impacts of their operations and business relationships, paying specific attention to the challenges faced by smallholders. They should use their neighbourhood, development and international cooperation instruments to support third country governments and upstream economic operators in third countries addressing adverse human rights and environmental impacts of their operations and upstream business relationships. This could include working with partner country governments, the local private sector and stakeholders on addressing the root causes of adverse human rights and, environmental, and climate impacts.
Amendment 230 #
Proposal for a directive
Recital 70
Recital 70
(70) The Commission should regularly assess and report whether new sectors should be added to the list of high-impact sectors covered by this Directive, in order to align it to guidance from the Organisation for Economic Cooperation and Development or in light of clear evidence on labour exploitation, human rights violations or newly emerging environmental and climate threats, whether the list of relevant international conventions referred to in this Directive should be amended, in particular in the light of international developments, or whether the provisions on due diligence under this Directive should be extended to adverse climate impacts.
Amendment 231 #
Proposal for a directive
Recital 71
Recital 71
(71) The objective of this Directive, namely better exploiting the potential of the single market to contribute to the transition to a sustainable economy and contributing to sustainable development through the prevention and mitigation of potential or actual human rights and, environmental, and climate adverse impacts in companies’ value chains, cannot be sufficiently achieved by the Member States acting individually or in an uncoordinated manner, but can rather, by reason of the scale and effects of the actions, be better achieved at Union level. In particular, addressed problems and their causes are of a transnational dimension, as many companies are operating Union wide or globally and value chains expand to other Member States and to third countries. Moreover, individual Member States’ measures risk being ineffective and lead to fragmentation of the internal market. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve that objective.
Amendment 234 #
Proposal for a directive
Article 1 – paragraph -1 (new)
Article 1 – paragraph -1 (new)
Amendment 235 #
Proposal for a directive
Article 1 – paragraph -1 a (new)
Article 1 – paragraph -1 a (new)
-1a. This Directive shall contribute to the safeguarding of the planetary boundaries at Union level and worldwide.
Amendment 238 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts, and environmental and climate adverse impacts, with respect to their own operations, the operationproducts and services, the operations, products and services of their subsidiaries, and the value chain operations carried out by entities with whom the company has an established business relationship and
Amendment 255 #
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive shall be without prejudice to obligations in the areas of human rights, protection of the environment and climate change under other Union legislative acts. If the provisions of this Directive conflict with a provision of another Union legislative act pursuing the same objectives and providing for more extensive or more specific obligations, the provisions of the other Union legislative act shall prevail to the extent of the conflict and shall apply to those specific obligations.
Amendment 304 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental and climate impact’ means an adverse impact on the environment or the climate resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part IIestablished under international environmental law, including, but not limited to, a violation within the meaning of the Directive (UE) .../... of the European Parliament and of the Council*, or an adverse impact contributing to the exceeding of planetary boundaries and on one of, but not limited to, the following categories: (a) climate, including but not limited to greenhouse gas emissions and the destruction or degradation of carbon sinks; (b) air quality, air pollution and atmosphere; (c) water pollution, water contamination, access to water and depletion of freshwater; (d) soil, such as soil pollution, soil contamination, soil erosion, land degradation and desertification; (e) biodiversity, including damage to wildlife, seabed and marine environment, flora, fauna, natural habitats and ecosystems; (f) light, noise and vibration; (g) contamination by hazardous substances; (h) human health in accordance with the 'One Health' approach;
Amendment 314 #
Proposal for a directive
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) 'Planetary boundaries' means climate change, biosphere integrity (functional and genetic), land- system changes, freshwater use, biogeochemical flows (nitrogen and phosphorus), ocean acidification, atmospheric aerosol pollution, stratospheric ozone depletion, and release of chemicals as defined by the Stockholm Resilience Centre;
Amendment 346 #
Proposal for a directive
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) ‘independent third-party verification’ means verification of the compliance by a company, or parts of its value chain, with human rights and, environmental, and climate requirements resulting from the provisions of this Directive by an auditor which is independent from the company, free from any conflicts of interests, has experience, expertise and competence in environmental, climate and human rights matters and is accountable for the quality and reliability of the audit;
Amendment 350 #
Proposal for a directive
Article 3 – paragraph 1 – point h a (new)
Article 3 – paragraph 1 – point h a (new)
(ha) ‘human rights and environmental defenders’ means individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment and climate, including biodiversity, water, air, land, soil, flora and fauna;
Amendment 359 #
Proposal for a directive
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) ‘severe adverse impact’ means an adverse environmental and climate impact or an adverse human rights impact that is especially significant by its nature, or affects or could affect a large number of persons or a large area of the environment, or which is or could be irreversible, or is particularly difficult to remedy as a result of the measures necessary to restore the situation prevailing prior to the impact;
Amendment 370 #
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Member States shall ensure that companies shall respect human rights, the environment and climate by obliging them to conduct human rights and, environmental and climate due diligence as laid down in Articles 5 to 11 (‘due diligence’) by carrying out the following actions:
Amendment 399 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts, ands well as adverse environmental and climate adverse impacts arising from their own operations, products and services or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 436 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse human rights impacts, and adverses well as environmental and climate adverse impacts that have been, or should have been, identified pursuant to Article 6, in accordance with paragraphs 2, 3, 4 and 5 of this Article.
Amendment 613 #
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 companieSMEs.
Amendment 716 #
Proposal for a directive
Article 23 – title
Article 23 – title
Amendment 718 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 720 #
Proposal for a directive
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. Member States shall take the necessary measures to ensure that all stakeholder engagement procedures, and in particular those set in place to raise complaints or concerns, shall allow the confidentiality of those concerns, as well as the anonymity and safety and physical and legal integrity of all stakeholders and complainants, including human rights and environmental defenders. In the event that such procedures concern whistleblowers, those procedures should be in line with Directive (EU) 2019/1937 of the European Parliament and of the Council.
Amendment 722 #
Proposal for a directive
Article 23 – paragraph 1 b (new)
Article 23 – paragraph 1 b (new)
Member States shall take the necessary measures to ensure that stakeholders, including human rights and environmental defenders, and other reporting persons are protected against Strategic Lawsuit Against Public Participation.
Amendment 782 #
Proposal for a directive
Annex I – Part I – point 18 – introductory part
Annex I – Part I – point 18 – introductory part
18. Violation of the prohibition of causing any measurable environmental degradation and contributing to climate change, such as harmful soil change, water or air pollution, harmful emissions (including GHS emission) or excessive water consumption or other impact on natural resources, that
Amendment 785 #
Proposal for a directive
Annex I – Part I – point 18 – paragraph 1
Annex I – Part I – point 18 – paragraph 1
in accordance with Article 3 of the Universal Declaration of Human Rights, Article 5 of the International Covenant on Civil and Political Rights and Article 12 of the International Covenant on Economic, Social and Cultural Rights and the right to a clean, healthy, and sustainable environment;
Amendment 793 #
Proposal for a directive
Annex I – Part II – subheading 1
Annex I – Part II – subheading 1
violations of Union and internationally recognized objectives and prohibitions included in environmental conventionsand climate conventions and Union legislation
Amendment 796 #
Proposal for a directive
Annex I – Part II – point -1 (new)
Annex I – Part II – point -1 (new)
-1. Violation of European environmental principles as defined in Article 191 TFEU;
Amendment 797 #
Proposal for a directive
Annex I – Part II – point -1 a (new)
Annex I – Part II – point -1 a (new)
-1a. Violation of one of the universally binding rules of customary international environmental law including but not limited to: (a) the obligation not to cause significant damage to the environment (prevention principle); (b) the principle that lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation (precautionary approach); (c) the obligation to carry out an environmental impact assessment for activities likely to have a significant adverse impact on the environment; (d) the approach that the polluter should, in principle, bear the cost of pollution (polluter-pays principle);