48 Amendments of Andreas GLÜCK related to 2022/0051(COD)
Amendment 258 #
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 274 #
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 278 #
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 291 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) generated a net turnover of more than EUR 150 million in the Unionworldwide in the financial year preceding the last financial year;
Amendment 297 #
Proposal for a directive
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) generated a net turnover of more than EUR 40 million but not more than EUR 150 million in the Unionworldwide in the financial year preceding the last financial year, provided that at least 50% of its net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).
Amendment 311 #
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 adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their valuesupply chains, fromthose of their established business relationshippartners, in accordance with paragraph 2, 3 and 4.
Amendment 318 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
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.
Amendment 320 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 323 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
Amendment 323 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
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.
Amendment 324 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
Amendment 326 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 327 #
Proposal for a directive
Article 6 – paragraph 3
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..
Amendment 333 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) 'supply chain' means the network of organizations that cooperate to transform raw materials into finished goods and services for consumers.
Amendment 334 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
Amendment 343 #
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) 'direct supplier' means suppliers that sell a good directly to a company, without any intermediaries.
Amendment 412 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By way of derogation from paragraph 1, companies referred to in Article 2(1), point (b), and Article 2(2), point (b), shall only be required to identify actual and potential severe adverse impacts relevant to the respective sector mentioned in Article 2(1), point (b). Member States shall ensure that, for the purpose of compliance with paragraph 1, companies shall take appropriate measures to: (a) carry out a broad scoping exercise of the company's operations, subsidiaries and direct suppliers in order to identify areas where the risk of severe adverse impacts is most likely to occur including mapping and prioritising individual higher risk operations, taking into account relevant risk factors; and (b) carry out in-depth assessments of prioritised operations, subsidiaries and direct suppliers in order to determine the nature and extent of specific actual and potential adverse impacts.
Amendment 425 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 426 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Member states shall ensure that companies take appropriate measures to: (a) keep risk assessments up-to-date and reassess impacts at yearly, as appropriate, including prior to major decisions or significant changes in the company's relevant activities, business practices, in response to or in anticipation of significant changes in the operating environment and in response to complaints submitted to the company or its subsidiaries under Article 9. (b) document and make available to relevant supervisory authorities, onto their reasoned request, such risk assessments.
Amendment 427 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Prioritisation of identified actual and potential impacts 1. Member States shall ensure that companies are allowed to prioritise potential or actual adverse human rights and environmental impacts connected to their own operations or the operations of their subsidiaries and their direct suppliers, pursuant to Article 6, for fulfilling the obligations laid down in Articles 7 or 8. 2. The prioritisation of adverse impacts shall be based on the severity and likelihood of adverse impacts. The severity of an adverse impact shall be determined based on its gravity, the number of individuals that are or will be affected, or the extent of the environment that is or may be damaged or otherwise affected, its irreversibility and any limits on the ability to restore affected individual circumstances or the environment to the situation prior to the adverse impact. 3. The company's degree of influence over the subsidiaries or direct suppliers is not relevant to its prioritisation decisions under this Directive. 4. Once the most significant adverse impacts are addressed in accordance with Articles 7 or 8 in a reasonable time, the company shall be required to address all other adverse impacts.
Amendment 488 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 504 #
Proposal for a directive
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) where necessary due to the fact that the adverse impact cannot be immediately brought to an end, develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. Where relevant, the corrective action plan shall be developed in consultation with affected stakeholders;
Amendment 516 #
Proposal for a directive
Article 22 – title
Article 22 – title
Amendment 517 #
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 518 #
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 520 #
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 523 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1
Article 22 – paragraph 2 – subparagraph 1
Amendment 526 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 – point a (new)
Article 22 – paragraph 2 – subparagraph 1 – point a (new)
(a) the industry or sector initiative is based on a multi-stakeholder approach;
Amendment 527 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 – point b (new)
Article 22 – paragraph 2 – subparagraph 1 – point b (new)
(b) 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 528 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 1 – point c (new)
Article 22 – paragraph 2 – subparagraph 1 – point c (new)
(c) 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 529 #
Proposal for a directive
Article 22 – paragraph 2 – subparagraph 2
Article 22 – paragraph 2 – subparagraph 2
Amendment 530 #
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 531 #
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 532 #
Proposal for a directive
Article 22 – paragraph 3 – point b (new)
Article 22 – paragraph 3 – point b (new)
(b) the independent certification entity is not directly or indirectly controlled by the company that mandated the certification; and
Amendment 533 #
Proposal for a directive
Article 22 – paragraph 3 – point c (new)
Article 22 – paragraph 3 – point c (new)
(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.
Amendment 534 #
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 536 #
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 537 #
Proposal for a directive
Article 22 – paragraph 5 – subparagraph 1 a (new)
Article 22 – paragraph 5 – subparagraph 1 a (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.
Amendment 543 #
Proposal for a directive
Article 8 a (new)
Article 8 a (new)
Article 8a Prioritisation 1. Member States shall ensure that, where Articles 6, 7 and 8 allow companies to prioritise potential or actual adverse impacts connected to their own operations or the operations of their subsidiaries, and operations carried out by entities with which the company has a business relationship, they shall do so solely on the basis of the severity and likelihood of harm and otherwise in accordance with those Articles and this Article 8a. 2. The severity of an adverse impact shall be based on its gravity, the number of individuals that are or will be affected, or the extent of the environment that is or may be damaged or otherwise affected, its irreversibility and any limits on the ability to restore affected individuals or the environment to a situation equivalent to their situation prior to the impact.
Amendment 543 #
Proposal for a directive
Article 25
Article 25
Amendment 547 #
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 must be factually justified and reasonably documented.
Amendment 549 #
Proposal for a directive
Article 26
Article 26
Amendment 556 #
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 561 #
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 valuesupply chain concerned which have legitimate concern,
Amendment 563 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 581 #
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 618 #
Proposal for a directive
Article 15
Article 15
Amendment 635 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan shall adopt a plan in line with Directive 2021/010414a to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impact of, the company’s operations. __________________ 14a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting