24 Amendments of Abir AL-SAHLANI related to 2022/0051(COD)
Amendment 53 #
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). For the proper classification of the areas covered by the high-impact sectors listed above, the Commission should present a list of NACE codes for those stages of production or parts of sectors, where there is significant risks of adverse impacts on human rights and the environment. The list, which is to be developed with duly notice to the input from the sectors concerned, should be presented in a delegated act no later than one year after entry into force of this Directive, together with clear guidelines including for specific sectors and specific company sizes. 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.
Amendment 79 #
Proposal for a directive
Recital 42
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concerindications regarding actual or potential human rights and environmental adverse impacts. Such complaints should be factually justified and reasonably documented. 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, for example in written form or through meetings 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 115 #
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 adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the valuesupply chain operations carried out outside of the EU and by entities with whom the company has an established direct business relationship and
Amendment 129 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. Member States shall not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, unless otherwise provided for in the Directive.
Amendment 137 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 500 employees on average and had a net worldwide turnoverturnover within the Union of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;
Amendment 144 #
Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(b a) For the proper classification of the areas covered by the high-impact sectors listed in paragraph (b), the Commission shall develop a delegated act, in accordance with Article 28 of this Directive. The delegated act shall list NACE codes for those stages of production or parts of sectors within the high-impact sectors, where there is significant risks of adverse impacts on human rights or the environment. In the process of developing the delegated act, the Commission shall take duly notice of the input provided by the sectors concerned. The delegated act shall be presented by the Commission within one year of the entry into force of this Directive.
Amendment 146 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 (new)
Article 2 – paragraph 1 – subparagraph 1 (new)
Member States shall take the necessary measures to provide tailored support and specific guidelines for the companies that are excluded from the scope of this Directive, but might be impacted indirectly. The purpose of the tailored support shall be to incentivize companies of all sizes to conduct due diligence, and enhance their capacity to do so.
Amendment 146 #
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million within the Union in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:
Amendment 147 #
Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
Article 2 – paragraph 1 – point b b (new)
(b b) The obligations listed in this Directive shall not apply to companies where the number of employees and net turnover is lower than the threshold referred to in paragraph b). The potential future inclusion of those companies shall be assessed by the Commission, in accordance with Article 29 a) of this Directive.
Amendment 186 #
Proposal for a directive
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could be directly affected by the products, services and operations of that company, its subsidiaries and its business relationships;
Amendment 210 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct 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 valuesupply chain;
Amendment 223 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and assessing 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 potentialdirectly affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
Amendment 234 #
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 direct business relationship and the company’s influence thereof, and the need to ensure prioritisation of action.
Amendment 279 #
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 concerindications regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chains. The complaint shall be factually justified and reasonably documented.
Amendment 288 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for, as a last resort, the availability of an option to terminate the business relationship in contracts governed by their laws.
Amendment 294 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable grounds to believe that they mightwill be affected by an adverse impact,
Amendment 296 #
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 concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chainssupply chains outside of the Union. The complaint must be factually justified and reasonably documented.
Amendment 307 #
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainants are entitled to request appropriate follow-up on the complaint from the company with which they have filed a complaint pursuant to paragraph 1, for example in written form or through meetings with the company’s representatives at an appropriate level.
Amendment 311 #
Proposal for a directive
Article 9 – paragraph 4 – point a
Article 9 – paragraph 4 – point a
Amendment 314 #
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 319 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and, other workers’ representatives or civil society organisations representing individuals working in the valueor affected by the supply chain concerned,
Amendment 334 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission shall issue guidelines, in consultation with Member States and stakeholder, industry representatives, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issu. The guidelines, including for specific sectors or specific adverse impacts should include guidance for specific sectors as defined by NACE codes, in accordance with Article 2 and 28, taking into account already existing sectoral schemes for due diligence.
Amendment 344 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, mayshall issue specific and timely guidelines, including for specific sectors or specific adverse impacts. In particular, those guidelines shall facilitate the compliance of all companies with the obligations laid down in this Directive, taking into account the need to simplify the administrative burden for smaller companies, to ensure a level playing field within the Union and to ensure a consistent implementation of this Directive.
Amendment 357 #
Proposal for a directive
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be lowered, while paying attention to tailored-made measures designed for the specific needs of these companies in view of an effective implementation of the Directive;