31 Amendments of Engin EROGLU related to 2022/0051(COD)
Amendment 155 #
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, EU companies with more than 51000 employees on average and a worldwide net turnover exceeding EUR 15300 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103, should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. __________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 307 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 51000 employees on average and had a net worldwide turnover of more than EUR 15300 million in the last financial year for which annual financial statements have been prepared;
Amendment 309 #
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, EU companies with more than 51000 employees on average and a worldwide net turnover exceeding EUR 15300 million in the financial year preceding the last financial year should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but which had more than 250 employees on average and more than EUR 40 million worldwide net turnover in the financial year preceding the last financial year and which operate in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. In order to ensure a proportionate burden, companies operating in such high- impact sectors should be required to comply with more targeted due diligence focusing on severe adverse impacts. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103, should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company. _________________ 103 Directive (EU) 2018/957 of the European Parliament and of the Council of 28 June 2018 amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ L 173, 9.7.2018, p. 16).
Amendment 374 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 51000 employees on average and had a net worldwide turnover of more than EUR 15300 million in the last financial year for which annual financial statements have been prepared;
Amendment 396 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘valuesupply 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 relationshippartners of the company. As regards companies within the meaning of point (a)(iv), ‘valuesupply 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 500 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. For the purpose of fulfilling the obligation in paragraph 1, companies may map all areas of their own operations, those of their subsidiaries and, where related to their supply chains, those of their established business partners. Based on the results of that mapping, companies may carry out an in-depth assessment of the areas where adverse impacts were identified to be most likely to be present or most significant.
Amendment 513 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. Member States shall ensure that companies, when fulfilling the obligation in paragraph 1, are obliged to assess indirect business partners in-depth only when the companies have factual knowledge of actual or potential adverse impacts arising from the activities of the respective indirect business partner.
Amendment 576 #
Proposal for a directive
Article 20 a (new)
Article 20 a (new)
Article 20a 20a. The sanctions provided for include the temporary or permanent exclusion from State aid.
Amendment 590 #
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 lowermodified;
Amendment 849 #
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Member States shall ensure that a companies arey is liable for damages to an injured person if:
Amendment 852 #
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
(a) theit intentionally or negligently failed to comply with thean obligations laid down in Articles 7 and 8or 8 that has protective effect towards the injured person and;
Amendment 853 #
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
(b) as a result of this failure an adverse impact that should have been identifieddeath, personal injury, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damagestriction of personal liberty, or damage to or destruction of any item of property was caused.
Amendment 862 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Amendment 863 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Amendment 869 #
Proposal for a directive
Article 22 – paragraph 2 – point a (new)
Article 22 – paragraph 2 – point a (new)
(a) the industry or sector initiative is based on a multi-stakeholder approach;
Amendment 870 #
Proposal for a directive
Article 22 – paragraph 2 – point a a (new)
Article 22 – paragraph 2 – point a a (new)
(a a) the implemented standard was set up and is able to ensure that companies are regularly in full compliance with the obligations laid out in Article 7 and 8; and
Amendment 871 #
Proposal for a directive
Article 22 – paragraph 2 – point a b (new)
Article 22 – paragraph 2 – point a b (new)
(a b) the implemented standard was approved by a competent public authority at the time of the death, personal injury, restriction of personal liberty or damage to or destruction of any item of property.
Amendment 872 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
Article 22 – paragraph 2 – subparagraph 2
Amendment 879 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
Amendment 880 #
Proposal for a directive
Article 22 – paragraph 3
Article 22 – paragraph 3
3. The civil liability of a company for damages arising under this provision shall be without prejudice to the civil liability of its subsidiaries or of any direct and indirect business partners in the value chain.A company shall also only be liable in cases of intent or gross negligence if it has obtained certification by an independent certification entity that it is regularly in full compliance with the obligations laid down in Article 7 and 8 and:
Amendment 883 #
Proposal for a directive
Article 22 – paragraph 3 – point a (new)
Article 22 – paragraph 3 – point a (new)
(a) the independent certification entity has at the time of the issuance of the certification to the company been approved by a competent public authority to issue said certifications;
Amendment 884 #
Proposal for a directive
Article 22 – paragraph 3 – point a a (new)
Article 22 – paragraph 3 – point a a (new)
(aa) the independent certification entity is not directly or indirectly controlled by the company that mandated the certification; and
Amendment 885 #
Proposal for a directive
Article 22 – paragraph 3 – point a b (new)
Article 22 – paragraph 3 – point a b (new)
(ab) the certification was obtained within the last five years prior to the death, personal injury, restriction of personal liberty, damage to or destruction of any item of property and has not been revoked during this time.
Amendment 886 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
Amendment 888 #
Proposal for a directive
Article 22 – paragraph 4
Article 22 – paragraph 4
4. The civil liability rulesof a company for damages arising under this Directiveprovision shall be without prejudice to Union or national rules on civil liability related to adverse human rights impacts or to adverse environmental impacts that provide for liability in situations not covered by or providing for stricter liability than this Directivethe civil liability of its subsidiaries or of any direct and indirect business partners in the value chain.
Amendment 891 #
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
Amendment 892 #
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Member States shall ensure that theNo punitive damages shall be awarded under this provision. The calculation of damages and the general prerequisites and conditions of civil liability not provided for in this 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 Stat shall be governed by the substantive law of the respective Member State. The civil liability under this provision shall be without prejudice to any applicable Union or national liability that provides for liability in situations not covered by or providing for stricter liability than this Directive.
Amendment 893 #
Proposal for a directive
Article 22 – paragraph 5 a (new)
Article 22 – paragraph 5 a (new)
5 a. 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.
Amendment 912 #
Proposal for a directive
Article 25
Article 25
Amendment 918 #
Proposal for a directive
Article 26
Article 26
Amendment 928 #
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 lowermodified;