BETA

30 Amendments of Jan-Christoph OETJEN related to 2022/0051(COD)

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 3 – paragraph 1 – point g

(g) ‘~~value~~supply 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 ~~relationship~~partners of the company. As regards companies within the meaning of point (a)(iv), ‘~~value~~supply 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;

2022/11/11
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 3 – paragraph 1 – point o

(o) ‘director’ means: (i) any member of the administrative, management or supervisory bodies of a company; (ii) administrative, management or supervisory bodies of a company, the chief executive officer and, if such function exists in a company, the deputy chief executive officer; (iii) other persons who perform functions similar to those performed under point (i) or (ii);deleted where they are not members of the

2022/11/11
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 3 – paragraph 1 – point p

(p) ‘board of directors’ means the administrative or supervisory body responsible for supervising the executive management of the company, or, if no such body exists, the person or persons performing equivalent functions;deleted

2022/11/11
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse ~~human rights impacts and adverse environmental~~ impacts arising from their own operations or those of their subsidiaries and, where related to their ~~value~~supply chains, ~~from~~those of their established business ~~relationship~~partners, in accordance with paragraph 2, 3 and 4.

2022/11/11
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 6 – paragraph 1 a (new)

1a. 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.

2022/11/11
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 6 – paragraph 2 a (new)

2a. 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.

2022/11/11
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 6 – paragraph 3

3. When companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, identification of actual and potential ~~adverse human rights impacts and adverse environmental~~ impacts shall be carried out only before providing that service..

2022/11/11
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 15 – paragraph 3

3. 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, if variable remuneration is linked to the contribution of a director to the company’s business strategy and long- term interests and sustainability.deleted

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – title

~~Civil liabilit~~Access to remedy

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 1 – introductory part

1. Member States shall ensure that a compan~~ies are~~y is liable for damages to an injured person if:

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 1 – point a

(a) ~~the~~it intentionally or negligently failed to comply with ~~the~~an obligations laid down in Articles 7 ~~and 8~~or 8 that has protective effect towards the injured person and;

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 1 – point b

(b) as a result of this failure ~~an adverse impact that should have been identified~~death, personal injury, pre~~vented, mitigated, brought to an end or its extent minimised through the appropriate measures laid down in Articles 7 and 8 occurred and led to damage~~striction of personal liberty, or damage to or destruction of any item of property was caused.

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

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 indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mitigate, bring to an end or minimise the extent of the adverse impact.deleted

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

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 indirect partner with whom it has an established business relationship, unless it was unreasonable, in the circumstances of the case, to expect that the action actually taken, including as regards verifying compliance, would be adequate to prevent, mA company shall only be liable in cases of intent or gross negligence if it has acceded to an industry or sector initiative and implemented a standard set by this initigat~~e, bring to an end or minimise the extent of the adverse impact.~~ive into its normal course of business and

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 a (new)

the industry or sector initiative is based on a multi-stakeholder approach;

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 b (new)

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

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 c (new)

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.

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2

In the assessment of the existence and extent of liability under this paragraph, due account shall be taken of the company’s efforts, insofar as they relate directly to the damage in question, 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 any collaboration with other entities to address adverse impacts in its value chains.deleted

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
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.deleted

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
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

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 3 a (new)

3 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;

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 3 b (new)

3 b. the independent certification entity is not directly or indirectly controlled by the company that mandated the certification; and

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 3 c (new)

3 c. 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.

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 4

4. The civil liability rules under this Directive 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 Directive.deleted

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 4

4. The civil liability ~~rules~~of a company for damages arising under this ~~Directive~~provision 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.

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

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

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 5

5. ~~Member States shall ensure that the~~No 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 provision~~s 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.

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 22 – paragraph 5 – subparagraph 1 (new)

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.

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 25

1. Member States shall ensure that, when fulfilling their duty to act in the best interest of the company, directors of companies referred to in Article 2(1) take into account the consequences of their decisions for sustainability matters, including, where applicable, human rights, climate change and environmental consequences, including in the short, medium and long term. 2. Member States shall ensure that their laws, regulations and administrative provisions providing for a breach of directors’ duties apply also to the provisions of this Article.Article 25 deleted Directors’ duty of care

2022/11/10
Committee: DEVE

Jan-Christoph OETJEN, Svenja HAHN

Proposal for a directive
Article 26

Setting up and overseeing due diligence 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 to in Article 5, with due consideration for relevant input from stakeholders and civil society organisations. The directors shall report to the board of directors in that respect. 2. Member States shall ensure that directors take steps to adapt the corporate strategy to take into account the actual and potential adverse impacts identified pursuant to Article 6 and any measures taken pursuant to Articles 7 to 9.Article 26 deleted

2022/11/10
Committee: DEVE