BETA

50 Amendments of Geoffroy DIDIER related to 2022/0051(COD)

Amendment 328 #
Proposal for a directive
Recital 18
(18) The value chain should cover activities related to the production of a good or provision of services by a company, including the development of the product or the service and the use 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 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.
2022/12/06
Committee: JURI
Amendment 623 #
Proposal for a directive
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated on a full-time equivalent basis. Temporary agency workers shall be included in the calculation of the number of employees in the same way as if they were workers employed directly for the same period of time by the company.
2022/12/07
Committee: JURI
Amendment 630 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
3a. For the purposes of paragraph 2, the due diligence obligations mentioned in Article 4 concern the activities of the value chain generated in the EU.
2022/12/07
Committee: JURI
Amendment 633 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
4a. 5. In case of a group of companies: (a) the parent company, whether or not it meets the thresholds mentioned in paragraphs 1 or 2, may perform the obligations laid down in Article 4 as well as in Article 15 and 16 on behalf of its subsidiaries which meet the said thresholds; (b) the subsidiaries shall be deemed in compliance with the obligations laid down in Article 4 where their parent company includes those subsidiaries in its due diligence corporate policy, and shall be deemed in compliance with the obligations laid down in Article 15 where their parent company includes those subsidiaries in the plan mentioned in Article 15(1). In this case, subsidiaries shall not be subject to Article 16.
2022/12/07
Committee: JURI
Amendment 653 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 8
— pension institutions operating pension schemes which are considered to be social security schemes covered by Regulation (EC) No 883/2004 of the European Parliament and of the Council119 and Regulation (EC) No 987/2009 of the European Parliament and of the Council120 as well as any legal entity set up for the purpose of investment of such schemes; _________________ 119 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1). 120 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).deleted
2022/12/07
Committee: JURI
Amendment 654 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 8
— pension institutions operating pension schemes which are considered to be social security schemes covered by Regulation (EC) No 883/2004 of the European Parliament and of the Council119 and Regulation (EC) No 987/2009 of the European Parliament and of the Council120 as well as any legal entity set up for the purpose of investment of such schemes; _________________ 119 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1). 120 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).deleted
2022/12/07
Committee: JURI
Amendment 712 #
Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the value chain;has been lasting for more than one year and is or is expected to be significant for the company's operations or turnover according to criteria determined and disclosed by the company.
2022/12/07
Committee: JURI
Amendment 732 #
Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘value chain’ means activities related to the production of goods or the provision of services by a company, including the development of the product or the service and the use and disposal of the product as well as the related activities of upstream and downstream established business relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value chain’ with respect to the provision of these specific services shall only include the activities of the clients receiving such loan, credit, and other financial services and of other companies belonging to the same group whose activities are linked to the contract in question. The value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
2022/12/07
Committee: JURI
Amendment 782 #
Proposal for a directive
Article 3 – paragraph 1 – point p – point i (new)
(i) ‘Group’ means a parent company and all its subsidiary undertakings as defined by Article 2 of the Directive 2013/34/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EE;
2022/12/07
Committee: JURI
Amendment 786 #
Proposal for a directive
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means 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;
2022/12/07
Committee: JURI
Amendment 824 #
Proposal for a directive
Article 4 – paragraph 2
2. Member States shall ensure that, The Commission guidelines referred to in Article 13 provide indications, for the purposes of due diligence, on how and to which extend companies are entitled to share resources and information within their respective groups of companies and with other legal entities in compliance with applicable competition law.
2022/12/07
Committee: JURI
Amendment 881 #
Proposal for a directive
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential severe adverse human rights impacts and adverse environmental impacts arising from their own operations 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.
2022/12/07
Committee: JURI
Amendment 897 #
Proposal for a directive
Article 6 – paragraph 2
2. By way of deroTo comply with the obligation froms of paragraph 1, companies referred to in Article 2(1), point (b), and Article 2(2), point (b), shall only be required to identifyshall be allowed to prioritise actual and potential severe adverse human rights impacts, and actual and potential severeenvironmental adverse impacts relevant to the respective sector mentioned in Article 2(1), point (b), following a risk-based approach evaluation taking into account both the severity and the likelihood of the impact.
2022/12/07
Committee: JURI
Amendment 926 #
Proposal for a directive
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 severe potential adverse human rights impacts and adverse environmental 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.
2022/12/07
Committee: JURI
Amendment 948 #
Proposal for a directive
Article 7 – paragraph 2 – point b
(b) seek contractual assurances from a business partner with whom it has a direct business relationship that it will ensure compliance with the company’s code of conduct andde , as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain (contractual cascading). When such contractual assurances are obtained, paragraph 4 shall apply;
2022/12/07
Committee: JURI
Amendment 971 #
Proposal for a directive
Article 7 – paragraph 3
3. As regards potential adverse impacts that could not be prevented or adequately mitigated by the measures in paragraph 2, the company may seek to conclude a contract with a partner with whom it has an indirect relationship, with a view to achieving compliance with the company’s code of conduct or a prevention action plan. When such a contract is concluded, paragraph 4Article 8 shall apply.
2022/12/07
Committee: JURI
Amendment 974 #
Proposal for a directive
Article 7 – paragraph 4
4. The contractual assurances or the contract shall be accompanied by the appropriate measures to verify compliance. For the purposes of verifying compliance, the company may refer to suitable industry initiatives or independent third-party verification. When contractual assurances are obtained from, or a contract is entered into, with an SME, the terms used shall be fair, reasonable and non-discriminatory. Where measures to verify compliance are carried out in relation to SMEs, the company shall bear the cost of the independent third-party verification.deleted
2022/12/07
Committee: JURI
Amendment 975 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
The contractual assurances or the contract shall be accompanied by the appropriate measures to verify compliance. For the purposes of verifying compliance, the company may refer to suitable industry initiatives or independent third-party verification.deleted
2022/12/07
Committee: JURI
Amendment 983 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
When contractual assurances are obtained from, or a contract is entered into, with an SME, the terms used shall be fair, reasonable and non-discriminatory. Where measures to verify compliance are carried out in relation to SMEs, the company shall bear the cost of the independent third-party verification.deleted
2022/12/07
Committee: JURI
Amendment 989 #
Proposal for a directive
Article 7 – paragraph 5
5. As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take the following actions: (a) temporarily suspend commercial relations with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts will succeed in the short-term; (b) terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe. Member States shall provide for the availability of an option to terminate the business relationship in contracts governed by their laws.deleted
2022/12/07
Committee: JURI
Amendment 991 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take the following actions: (a) temporarily suspend commercial relations with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts will succeed in the short-term; (b) terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe.deleted
2022/12/07
Committee: JURI
Amendment 994 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – point a
(a) temporarily suspend commercial relations with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts will succeed in the short-term;deleted
2022/12/07
Committee: JURI
Amendment 997 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – point b
(b) terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe.deleted
2022/12/07
Committee: JURI
Amendment 1005 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Member States shall provide for the availability of an option to terminate the business relationship in contracts governed by their laws.deleted
2022/12/07
Committee: JURI
Amendment 1012 #
Proposal for a directive
Article 7 – paragraph 6
6. By way of derogation from paragraph 5, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, they shall not be required to terminate the credit, loan or other financial service contract when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.deleted
2022/12/07
Committee: JURI
Amendment 1020 #
Proposal for a directive
Article 8 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to bring actual severe adverse impacts that have been, or should have been, identified pursuant to Article 6 to an end, in accordance with paragraphs 2 to 6 of this Article.
2022/12/07
Committee: JURI
Amendment 1023 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
1a. To comply with the obligations of paragraph 1, companies shall be allowed to prioritise actual severe adverse impacts, following a risk-based approach evaluation taking into account both the severity and the likelihood of the impact.
2022/12/07
Committee: JURI
Amendment 1088 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen and shall, where the law governing their relations so entitles themenvisage while taking into account potential social and economic adverse impacts related to its decision, to, take one of the following actions:
2022/12/08
Committee: JURI
Amendment 1103 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
(ba) refrain from entering into new or extending existing relations with the partner in connection to or in the value chain of which the impact has arisen,
2022/12/08
Committee: JURI
Amendment 1110 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for the availability of an option to terminate the business relationship in contracts governed by their laws.deleted
2022/12/08
Committee: JURI
Amendment 1125 #
Proposal for a directive
Article 8 a (new)
Article 8a Bringing actual adverse impacts to an end When adverse impacts result from domestic laws which are in conflict with international conventions listed in the annex, the company should seek ways to respect these conventions to the extent possible which does not place it in violation of domestic law.
2022/12/08
Committee: JURI
Amendment 1135 #
Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate and substantiated concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect toarising from their own operations, the operations of their subsidiaries and their value chainor those of their value chains, from their established business relationships.
2022/12/08
Committee: JURI
Amendment 1161 #
Proposal for a directive
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value chain concernedfor the company, its subsidiaries or, where related to its value chains, its established business relationships,
2022/12/08
Committee: JURI
Amendment 1172 #
Proposal for a directive
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the value chain concerned under the condition that they provide transparency on their websites on the interests they represent, their funding, governance, prevention and management of conflicts of interest.
2022/12/08
Committee: JURI
Amendment 1175 #
Proposal for a directive
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a procedure for dealing with complaints referred to in paragraph 1, including a procedure when the company considers the complaint to be unfounded, and inform the relevant workers and trade unions of those procedures. Member States shall ensure that where the complaint is well-founded, the adverse impact that is the subject matter of the complaint is deemed to be identified within the meaning of Article 6.deleted
2022/12/08
Committee: JURI
Amendment 1181 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
3a. The provisions applicable to internal reporting should be the one provided by the Directive EU 219/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law.
2022/12/08
Committee: JURI
Amendment 1182 #
Proposal for a directive
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainants are entitledArticle 4 paragraph 2 shall apply to companies procedures.
2022/12/08
Committee: JURI
Amendment 1191 #
Proposal for a directive
Article 9 – paragraph 4 – point a
(a) to request appropriate follow-up on the complaint from the company with which they have filed a complaint pursuant to paragraph 1, andeleted
2022/12/08
Committee: JURI
Amendment 1196 #
Proposal for a directive
Article 9 – paragraph 4 – point b
(b) 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.deleted
2022/12/08
Committee: JURI
Amendment 1355 #
Proposal for a directive
Article 18 – paragraph 1
1. Member States shall ensure that the supervisory authorities have adequate powers and resources to carry out the tasks assigned to them under this Directive, including the power to request information and carry out investigations related to compliance with the obligations set out in this Directive. and 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;
2022/12/08
Committee: JURI
Amendment 1390 #
Proposal for a directive
Article 18 – paragraph 6
6. Where the legal system of the Member State does not provide for administrative sanctions, this Article and Article 20 may be implemented in such a manner that the sanction is initiated by the competent supervisory authority and imposed by the competent national courts, while ensuring that those legal remedies are effective and have an equivalent effect to the administrative sanctions imposed by supervisory authorities.deleted
2022/12/08
Committee: JURI
Amendment 1401 #
Proposal for a directive
Article 19 – paragraph 1
1. Member States shall ensure that natural and legal persons are entitled to submit substantiated concerns to any supervisory authority when they have reasons to believe, on the basis of objective circumstances, that a company is failing to comply with the national provisions adopted pursuant to Articles 4 and 14 of this Directive (‘substantiated concerns’).
2022/12/08
Committee: JURI
Amendment 1422 #
Proposal for a directive
Article 20 – paragraph 1
1. Member States shall lay down the rules on sanctions including pecuniary sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive.
2022/12/08
Committee: JURI
Amendment 1432 #
Proposal for a directive
Article 20 – paragraph 2
2. In deciding whether to impose sanctions and, if so, in determining their nature and appropriate level, due account shall be taken of: the gravity and duration of the infringement; the company’s efforts to comply with any remedial action required of them by a supervisory authority, any investments made and any targeted support provided pursuant to Articles 7 and 8, as well as collaboration with other entities to address adverse impacts in its value chains, as the case may be; previous infringements by the person responsible for the infringement; and measures taken by the company responsible for the infringement to prevent its repetition.
2022/12/08
Committee: JURI
Amendment 1441 #
Proposal for a directive
Article 20 – paragraph 3
3. When pecuniary sanctions are imposed, they shall be based on the company’s turnover.deleted
2022/12/08
Committee: JURI
Amendment 1473 #
1. Member States shall ensure that companies are liable for damages caused by direct business relationships if:
2022/12/08
Committee: JURI
Amendment 1474 #
Proposal for a directive
Article 22 – paragraph 1 – point a
(a) they failed to comply with the obligations laid down in Articles 7 and 8 andtake appropriate measures as defined in Article 3 q;
2022/12/08
Committee: JURI
Amendment 1488 #
Proposal for a directive
Article 22 – paragraph 1 – point b – point i (new)
i) Member States shall ensure that companies can not be held liable for damages caused by indirect business relationships.
2022/12/08
Committee: JURI
Amendment 1500 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Notwithstanding paragraph 1, Member States shall ensure that where a company has taken the actions referred to in Article 7(2), point (b) and Article 7(4), or Article 8(3), point (c), and Article 8(5), it shall not be liable for damages caused by an adverse impact arising as a result of the activities of an in direct partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expectis proven that the actions actually taken, including as regards verifying compliance, would be were, in the circumstances of the case, clearly inadequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impact.
2022/12/08
Committee: JURI
Amendment 1534 #
Proposal for a directive
Article 22 – paragraph 5
5. Member States shall ensure that the liability provided for in provisions of national law transposing this Article is of overriding mandatory application in cases where the law applicable to claims to that effect is not the law of a Member State.deleted
2022/12/08
Committee: JURI