17 Amendments of Tiemo WÖLKEN related to 2022/0051(COD)
Amendment 357 #
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 issues, the selection of high-impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction 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 and the provision of financial services, such as loans, credits, financing, pensions, market funding, risk management, payment services, securitisation, insurance or reinsurance services, investment services and activities and other financial services.
Amendment 547 #
Proposal for a directive
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) the company did not reach the threshold under point (a) but has a balance sheet of more than EUR 43 million;
Amendment 565 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii a (new)
Article 2 – paragraph 1 – point b – point iii a (new)
(iiia) the provision of financial services, such as loans, credits, financing, pensions, market funding, risk management, payment services, securitisation, insurance or reinsurance services, investment services and activities and other financial services.
Amendment 797 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
For the purposes of point (h) of the first paragraph, the Commission shall adopt a delegated act in accordance with Article 28 to specify the minimum standards for the independent third-party verification;
Amendment 900 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 915 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts. Regulated financial institutions as well as other companies are not allowed to solely refer to information derived from credit rating agencies, sustainability rating agencies or benchmark administrators.
Amendment 1343 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Each Member State shall designate one or more supervisory authorities to supervise compliance with the obligations laid down in national provisions adopted pursuant to Articles 6 to 11 and, Article 15(1) and (2) and Article 26(1) (‘supervisory authority’).
Amendment 1562 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall ensure that, when fulfilling their duty to act in the best interest of the company, meaning a consideration for the needs of its shareholders, its employees and other stakeholders with the objective of sustainable value creation, directors of companies referred to in Article 2(1) take into accountevaluate and address the consequences of their decisions for sustainability matters, including, where applicable, human rights human rights, in particular the rights of trade union and workers’ representatives to negotiation, information consultation and participation, climate change and, environmental consequences, includingand good governance actual or potential adverse impacts in the short, medium and long term.
Amendment 1572 #
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that directors of companies referred to in Article 2(1) are responsible for putting in place and overseeing the due diligence actions referred to in Article 4, and in particular the due diligence policy referred tofor ensuring that the overall business model and strategy of the company is aligned to the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement as provided for in Article 15, with due consideration for relevant input from stakeholders and, including civil society organisations and trade unions and workers’ representatives. The directors shall regularly report to the supervisory board, where applicable, or to the board of directors in that respect.
Amendment 1580 #
Proposal for a directive
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Member States shall ensure that companies duly take into account the fulfilment of the obligations referred to in paragraphs 1 and 2 when setting variable remuneration for directors, with a significant portion of that remuneration to be linked to the achievement of ecological and social sustainability targets, in particular including greenhouse gas emission reduction targets. Variable remuneration components shall be limited to twice the basic compensation and shall not exceed a maximum limit in relation to worker income in the respective company.
Amendment 1585 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The power to adopt delegated acts referred to in Article 3(2) and Article 11 shall be conferred on the Commission for an indeterminate period of time.
Amendment 1587 #
Proposal for a directive
Article 28 – paragraph 3
Article 28 – paragraph 3
3. The delegation of power referred to in Article 3, point (h) and Article 11 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 1590 #
Proposal for a directive
Article 28 a (new)
Article 28 a (new)
Article 28a Amendment to Directive (EU) 2020/1828 on Representative Actions for the Protection of the Collective Interests of Consumers The following is added to Annex I: "(67) Directive(EU) .../... of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 (OJ L ...,..., p. ...).”.
Amendment 1592 #
Proposal for a directive
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 7 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness of this Directive in reaching its objectives, in particular regarding its effectiveness in preventing potential adverse impacts, bringing actual adverse impacts to an end or minimising their extent globally and assess the following issues:
Amendment 1614 #
(da) whether the civil liability rules laid down in Article 22 need to be modified;
Amendment 1617 #
Proposal for a directive
Article 29 – paragraph 1 – point d b (new)
Article 29 – paragraph 1 – point d b (new)
(db) whether additional legislative measures need to be adopted with a view to specific adverse impacts;
Amendment 1619 #
Proposal for a directive
Article 29 – paragraph 1 – point d c (new)
Article 29 – paragraph 1 – point d c (new)
(dc) the achievement of the objectives of this Directive, including the convergences in the implementation of measures between the Member States.