50 Amendments of Geoffroy DIDIER related to 2022/0051(COD)
Amendment 328 #
Proposal for a directive
Recital 18
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.
Amendment 623 #
Proposal for a directive
Article 2 – paragraph 3
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.
Amendment 630 #
Proposal for a directive
Article 2 – paragraph 3 a (new)
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.
Amendment 633 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
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.
Amendment 653 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 8
Article 3 – paragraph 1 – point a – point iv – indent 8
Amendment 654 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 8
Article 3 – paragraph 1 – point a – point iv – indent 8
Amendment 712 #
Proposal for a directive
Article 3 – paragraph 1 – point f
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.
Amendment 732 #
Proposal for a directive
Article 3 – paragraph 1 – point g
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;
Amendment 782 #
Proposal for a directive
Article 3 – paragraph 1 – point p – point i (new)
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;
Amendment 786 #
Proposal for a directive
Article 3 – paragraph 1 – point q
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;
Amendment 824 #
Proposal for a directive
Article 4 – paragraph 2
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.
Amendment 881 #
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 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.
Amendment 897 #
Proposal for a directive
Article 6 – paragraph 2
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.
Amendment 926 #
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 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.
Amendment 948 #
Proposal for a directive
Article 7 – paragraph 2 – point b
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;
Amendment 971 #
Proposal for a directive
Article 7 – paragraph 3
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.
Amendment 974 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 975 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
Amendment 983 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 989 #
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 991 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1
Article 7 – paragraph 5 – subparagraph 1
Amendment 994 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – point a
Article 7 – paragraph 5 – subparagraph 1 – point a
Amendment 997 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 – point b
Article 7 – paragraph 5 – subparagraph 1 – point b
Amendment 1005 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
Amendment 1012 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 1020 #
Proposal for a directive
Article 8 – paragraph 1
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.
Amendment 1023 #
Proposal for a directive
Article 8 – paragraph 1 a (new)
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.
Amendment 1088 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
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:
Amendment 1103 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b a (new)
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,
Amendment 1110 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Amendment 1125 #
Proposal for a directive
Article 8 a (new)
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.
Amendment 1135 #
Proposal for a directive
Article 9 – paragraph 1
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.
Amendment 1161 #
Proposal for a directive
Article 9 – paragraph 2 – point b
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,
Amendment 1172 #
Proposal for a directive
Article 9 – paragraph 2 – point c
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.
Amendment 1175 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
Amendment 1181 #
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
Amendment 1182 #
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainants are entitledArticle 4 paragraph 2 shall apply to companies procedures.
Amendment 1191 #
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
Amendment 1196 #
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 1355 #
Proposal for a directive
Article 18 – paragraph 1
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;
Amendment 1390 #
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 1401 #
Proposal for a directive
Article 19 – paragraph 1
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’).
Amendment 1422 #
Proposal for a directive
Article 20 – paragraph 1
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.
Amendment 1432 #
Proposal for a directive
Article 20 – paragraph 2
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.
Amendment 1441 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
Amendment 1473 #
1. Member States shall ensure that companies are liable for damages caused by direct business relationships if:
Amendment 1474 #
Proposal for a directive
Article 22 – paragraph 1 – point a
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;
Amendment 1488 #
Proposal for a directive
Article 22 – paragraph 1 – point b – point i (new)
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.
Amendment 1500 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
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.
Amendment 1534 #
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5