BETA

Activities of Alexandr VONDRA related to 2022/0051(COD)

Plenary speeches (1)

Corporate Sustainability Due Diligence (debate)
2023/05/31
Dossiers: 2022/0051(COD)

Shadow opinions (1)

OPINION on the proposal for a directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937
2023/02/10
Committee: ENVI
Dossiers: 2022/0051(COD)
Documents: PDF(309 KB) DOC(218 KB)
Authors: [{'name': 'Tiemo WÖLKEN', 'mepid': 185619}]

Amendments (62)

Amendment 97 #
Proposal for a directive
Recital 3
(3) In its Communication on a Strong Social Europe for Just Transition75 , the Commission committed to upgrading Europe’s social market economy to achieve a just transition to sustainability. This Directive will also contribute to the European Pillar of Social Rights, which promotes rights ensuring fair working conditions. It forms part of the EU policies and strategies relating to the promotion of decent work worldwide, including in global valuesupply chains, as referred to in the Commission Communication on decent work worldwide76 . __________________ 75 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions – A Strong Social Europe for Just Transitions (COM/2020/14 final). 76 Communication from the Commission to the European Parliament, the Council and the European Economic and Social Committee on decent work worldwide for a global just transition and a sustainable recovery, COM(2022) 66 final.
2022/10/19
Committee: ENVI
Amendment 103 #
Proposal for a directive
Recital 5
(5) Existing international standards on responsible business conduct specify that companies should protect human rights and set out how they should address the protection of the environment across their operations and value chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships to the extent possible. __________________ 79 United Nations’ “Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect and Remedy’ Framework”, 2011, available at https://www.ohchr.org/documents/publicati ons/guidingprinciplesbusinesshr_en.pdf.
2022/10/19
Committee: ENVI
Amendment 110 #
Proposal for a directive
Recital 8
(8) International agreements under the United Nations Framework Convention on Climate Change, to which the Union and the Member States are parties, such as the Paris Agreement84 and the recent Glasgow Climate Pact85 , set out precise avenues to address climate change and keep global warming withina temperature goal of holding the increase in the global average temperature to well below 2 °C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5 °C degrees.above pre-industrial levels; Besides specific actions being expected from all signatory Parties, the role of the private sector, in particular its investment strategies, is considered central to achieve these objectives. __________________ 84 https://unfccc.int/files/essential_backgroun d/convention/application/pdf/english_paris _agreement.pdf. 85 Glasgow Climate Pact, adopted on 13 November 2021 at COP26 in Glasgow, https://unfccc.int/sites/default/files/resourc e/cma2021_L16_adv.pdf.https://unfccc.int /sites/default/files/resource/cma2021_L16 _adv.pdf.
2022/10/19
Committee: ENVI
Amendment 112 #
Proposal for a directive
Recital 9
(9) In the European Climate Law86 , the Union also legally committed to becoming climate-neutral by 2050 and to reducing net emissions by at least 55% by 2030 compared to 1990 levels. Both these commitments require changing the way in which companies produce and procure. The Commission’s 2030 Climate Target Plan87 models various degrees of emission reductions required from different economic sectors, though all need to see considerable reductions under all scenarios for the Union to meet its climate objectives. The Plan also underlines that “changes in corporate governance rules and practices, including on sustainable finance, will make company owners and managers prioritise sustainability objectives in their actions and strategies.” The 2019 Communication on the European Green Deal88 sets out that all Union actions and policies should pull together to help the Union achieve a successful and just transition towards a sustainable future. It also sets out that sustainability should be further embedded into the corporate governance framework. __________________ 86 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) PE/27/2021/REV/1 (OJ L 243, 9.7.2021, p. 1). 87 SWD/2020/176 final. 88 COM/2019/640 final.
2022/10/19
Committee: ENVI
Amendment 118 #
Proposal for a directive
Recital 13
(13) The European Parliament, in its resolution of 10 March 2021 calls upon the Commission to propose Union rules for a comprehensive corporate due diligence obligation, it also stressed that it is the responsibility of states and governments to protect human rights and the environment, and this responsibility should not be transferred to private actors100 . The Council Conclusions on Human Rights and Decent Work in Global Supply Chains of 1 December 2020 called upon the Commission to table a proposal for a Union legal framework on sustainable corporate governance, including cross- sector corporate due diligence obligations along global supply chains.101 The European Parliament also calls for clarifying directors` duties in its own initiative report adopted on 2 December 2020 on sustainable corporate governance. In their Joint Declaration on EU Legislative Priorities for 2022102 , the European Parliament, the Council of the European Union and the Commission have committed, to deliver on an economy that works for people, and to improve the regulatory framework on sustainable corporate governance. __________________ 100 European Parliament resolution of 10 March 2021 with recommendations to the Commission on corporate due diligence and corporate accountability (2020/2129(INL)), P9_TA(2021)0073, available at https://oeil.secure.europarl.europa.eu/oeil/p opups/ficheprocedure.do?lang=en&referen ce=2020/2129(INL). 101 Council Conclusions on Human Rights and Decent Work in Global Supply Chains, 1 December 2020 (13512/20). 102 Joint declaration of the European Parliament, the Council of the European Union and the European Commission on EU Legislative Priorities for 2022, available at https://ec.europa.eu/info/sites/default/files/j oint_declaration_2022.pdf.
2022/10/19
Committee: ENVI
Amendment 140 #
Proposal for a directive
Recital 20
(20) In order to allow companies to properly identify the adverse impacts in their valuesupply chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations should be limited in this Directive to establishedshould cover business relationships. For the purpose of this Directive, established business relationships should mean such direct and indirect business relationships which are, or which are expected to be lasting, in view of their intensity and duration and which do not represent a negligible or ancillary part of the value chain. The nature of business relationships as “established” should be reassessed periodically, and at least every 12 months. If the direct business relationship of a company is established, then all linked indirect business relationships should also be considered as established regarding that companyrelationships which are relevant, based on the risk and severity of adverse impacts associated therewith.
2022/10/19
Committee: ENVI
Amendment 143 #
Proposal for a directive
Recital 21
(21) Under this Directive, EU companies with more than 500 employees on average and a worldwide net turnover exceeding EUR 150 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 450 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 24 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).
2022/10/19
Committee: ENVI
Amendment 154 #
Proposal for a directive
Recital 23
(23) In order to achieve fully the objectives of this Directive addressing human rights and adverse environmental impacts with respect to companies’ operations, subsidiaries and valuesupply chains, third-country companies with significant operations in the EU should also be covered. More specifically, the Directive should apply to third-country companies which generated a net turnover of at least EUR 150 million in the Union in the financial year preceding the last financial year or a net turnover of more than EUR 450 million but less than EUR 150 million in the financial year preceding the last financial year in one or more of the high- impact sectors, as of 24 years after the end of the transposition period of this Directive.
2022/10/19
Committee: ENVI
Amendment 187 #
Proposal for a directive
Recital 38
(38) Under the due diligence obligations set out by this Directive, if a company identifies actual human rights or environmental adverse impacts, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in their own operations and in subsidiaries. However, it should be clarified that, as regards established business relationships, where adverse impacts cannot be brought to an end, companies should minimise the extent of such impacts. Minimisation of the extent of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. To provide companies with legal clarity and certainty, this Directive should define which actions companies should be required to take for bringing actual human rights and environmental adverse impacts to an end and minimisation of their extent, where relevant depending on the circumstances.
2022/10/19
Committee: ENVI
Amendment 206 #
Proposal for a directive
Recital 50
(50) In order to ensure that this Directive effectively contributes to combating climate change, companies should adopt a plan 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 well below 2 °C aiming at 1.5 °C in line with the Paris Agreement. In case climate is or should have been identified as a principal risk for or a principal impact of the company’s operations, the company should include emissions reduction objectives in its plan.
2022/10/19
Committee: ENVI
Amendment 241 #
Proposal for a directive
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 value chain operations carried out by entities with whom the company has an established business relationship and
2022/10/19
Committee: ENVI
Amendment 246 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 12 months.deleted
2022/10/19
Committee: ENVI
Amendment 250 #
Proposal for a directive
Article 1 – paragraph 2
2. This Directive shall not constitute grounds for reducing the level of protection of human rights or of protection of the environment or the protection of the climate provided for by the law of Member States at the time of the adoption of this Directive. Subsequent to the adoption of this Directive, Member States shall not introduce in their national law provisions that create obligations diverging from those laid down in this Directive. If Members States have already laws in place that contains diverging from those laid down in this Directive they shall adapt the aforementioned laws.
2022/10/19
Committee: ENVI
Amendment 268 #
Proposal for a directive
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 450 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnoverEUR 25 million was generated in one or more of the following sectors associated with the applicable statistical classification of economic activities established by Regulation (EC) No 1893/2006 and listed in its Annex II:
2022/10/19
Committee: ENVI
Amendment 289 #
Proposal for a directive
Article 2 – paragraph 2 – point a
(a) generated a net worldwide turnover of more than EUR 150 million300 million, provided that at least EUR 150 million was generated in the Union in the financial year preceding the last financial year;
2022/10/19
Committee: ENVI
Amendment 296 #
Proposal for a directive
Article 2 – paragraph 2 – point b
(b) generated a net worldwide turnover of more than EUR 450 million but not more than EUR 15300 million in the Union in the financial year preceding the last financial year, provided that at least 50% of itsEUR 25 million was generated in the Union and at least 25 million of the net worldwide turnover was generated in one or more of the sectors listed in paragraph 1, point (b).
2022/10/19
Committee: ENVI
Amendment 299 #
Proposal for a directive
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated on aas the sum of their combined 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.
2022/10/19
Committee: ENVI
Amendment 302 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 9
— an alternative investment fund (AIF) managed by an AIFM as defined in Article 4(1), point (b), of Directive 2011/61/EU or an AIF supervised under the applicable national law;deleted
2022/10/19
Committee: ENVI
Amendment 303 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 10
— UCITS in the meaning of Article 1(2) of Directive 2009/65/EC;deleted
2022/10/19
Committee: ENVI
Amendment 329 #
Proposal for a directive
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 relevant based on the severity and likelihood of adverse impacts associated therewith;
2022/10/19
Committee: ENVI
Amendment 339 #
Proposal for a directive
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 upstream activities of upstream and downstream established business relationships 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 valuesupply chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
2022/10/19
Committee: ENVI
Amendment 353 #
Proposal for a directive
Article 3 – paragraph 1 – point i
(i) 'small and medium-sized enterprise' or 'SME' means a micro, small or a medium-sized enterprise, irrespective of its legal form, that is not part of a large group, as those terms are defined in Article 3(1), (2), (3) and (7) of Directive 2013/34/EU; within the meaning of the Annex to Commission Recommendation 2003/361/EC128a __________________ 128a Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).
2022/10/19
Committee: ENVI
Amendment 366 #
Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
(qa) ‘parent company’ means a company which controls one or more subsidiaries within the meaning of point (d);
2022/10/19
Committee: ENVI
Amendment 367 #
Proposal for a directive
Article 3 – paragraph 1 – point q b (new)
(qb) ‘group of companies’ means a parent company and all its subsidiaries;
2022/10/19
Committee: ENVI
Amendment 378 #
Proposal for a directive
Article 4 – paragraph 2 a (new)
2a. Member States shall ensure that a company or other legal entity shall not be obliged to disclose to its business partner which is complying with the obligations resulting from this Directive, information that is deemed to be a trade secret as defined in Article 2(1) of Directive (EU) 2016/943 of the European Parliament and of the Council.
2022/10/19
Committee: ENVI
Amendment 380 #
Proposal for a directive
Article 4 a (new)
Article 4a Due diligence on a group level 1. Member States shall ensure that parent companies falling under the scope of this Directive may fulfil the obligations set out in Articles 5 to 11 and Article 15(1) and (2) on behalf of companies which are their subsidiaries falling under the scope of this Directive. This is without prejudice to civil liability of subsidiaries in accordance with Article 22. 2. The fulfilment of due diligence obligations by a parent company in accordance with the first paragraph is subject to all the following conditions: (a) the subsidiary provides all the necessary information to and cooperates with its parent company to fulfil the obligations resulting from this Directive; (b) the subsidiary must abide by its parent company's due diligence policy accordingly adapted to ensure that the obligations laid down in Article 5(1) are fulfilled with respect to the subsidiary; (c) the subsidiary integrates due diligence into all its corporate policies in accordance with Article 5; (d) where relevant, the subsidiary seeks the contractual assurances in accordance with Articles 7(2), point (b), or 8(3), point (c); (e) where relevant, the subsidiary seeks to conclude a contract with an indirect business partner in accordance with Articles 7(3) or 8(4); (f) where relevant, the subsidiary temporarily suspends or terminates the business relationship in accordance with Articles 7(5) or 8(6).
2022/10/19
Committee: ENVI
Amendment 383 #
Proposal for a directive
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that companies integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy shall contain all of the following:
2022/10/19
Committee: ENVI
Amendment 395 #
Proposal for a directive
Article 5 – paragraph 2
2. Member States shall ensure that the companies update their due diligence policy bi-annually.
2022/10/19
Committee: ENVI
Amendment 396 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
2a. Member States shall lay down rules to ensure that administrative, management or supervisory bodies of the companies referred to in Article 2(1) put in place and oversee the due diligence actions referred to in Article 4 and in particular the due diligence policy referred to in this Article, with due consideration for relevant input from stakeholders.
2022/10/19
Committee: ENVI
Amendment 405 #
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 chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
2022/10/19
Committee: ENVI
Amendment 407 #
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 value 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 present or most significant.
2022/10/19
Committee: ENVI
Amendment 418 #
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..
2022/10/19
Committee: ENVI
Amendment 429 #
Proposal for a directive
Article 6 a (new)
Article 6a Prioritisation of identified actual and potential adverse impacts 1. Member States shall ensure that companies are allowed to prioritise adverse impacts arising from their own operations, those of their subsidiaries or those of their established business partners identified pursuant to Article 6 for fulfilling the obligations laid down in Articles 7 or 8, where it is not feasible to address all identified adverse impacts at the same time to the full extent. 2. The prioritisation of adverse impacts shall be based on severity and likelihood of the adverse impact. Severity of an adverse impact shall be assessed based on its gravity, the number of persons or the extent of the environment affected, its irreversibility, and difficulty to restore the situation prevailing prior to the impact. 3. Once the most significant adverse impacts are addressed in accordance with Articles 7 or 8 in a reasonable time, the company shall address less significant adverse impacts.
2022/10/19
Committee: ENVI
Amendment 454 #
Proposal for a directive
Article 7 – paragraph 2 – point d
(d) provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the prevention action plan would jeopardise the viability of the SME;
2022/10/19
Committee: ENVI
Amendment 486 #
Proposal for a directive
Article 7 – paragraph 6 a (new)
6a. By way of derogation from paragraph 5, the company shall not be required to terminate the business relationship in case where: (a) there is a reasonable expectation that the termination would result in an adverse impact that is more severe than the potential adverse impact that could not be prevented or adequately mitigated, or (b) no available alternative to that business relationship, that provides a raw material, product or service essential to the company’s production of goods or provision of services, exists and the termination would cause substantial prejudice to the company. Where the company decides not to terminate the business relationship in accordance with subparagraph 1, it shall report to the competent supervisory authority about the duly justified reasons of this decision. The company shall monitor the potential adverse impact, periodically reassess its decision not to terminate the business relationship and seek alternative business relationships.
2022/10/19
Committee: ENVI
Amendment 490 #
Proposal for a directive
Article 7 – paragraph 6 b (new)
6b. The obligation to temporarily suspend or terminate the business relationship pursuant to paragraph 5 shall not apply to commercial agreements concluded by the company before the expiry of the transposition period in accordance with Article 30 of this Directive.
2022/10/19
Committee: ENVI
Amendment 498 #
Proposal for a directive
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or minimise its extent, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact;
2022/10/19
Committee: ENVI
Amendment 513 #
Proposal for a directive
Article 8 – paragraph 3 – point e
(e) provide targeted and proportionate support for an SME with which the company has an established business relationship, where compliance with the code of conduct or the corrective action plan would jeopardise the viability of the SME;
2022/10/19
Committee: ENVI
Amendment 538 #
Proposal for a directive
Article 8 – paragraph 7 a (new)
7a. By way of derogation from paragraph 6, the company shall not be required to terminate the business relationship in case where: (a) there is a reasonable expectation that the termination would result in an adverse impact that is more severe than the actual adverse impact that could not be brought to an end or minimised, or (b) no available alternative to that business relationship, that provides a raw material, product or service essential to the company’s production of goods or provision of services, exists and the termination would cause substantial prejudice to the company. Where the company decides not to terminate the business relationship in accordance with subparagraph 1, it shall report to the competent supervisory authority about the duly justified reasons of this decision. The company shall monitor the actual adverse impact, periodically reassess its decision not to terminate the business relationship and seek alternative business relationships.
2022/10/19
Committee: ENVI
Amendment 542 #
Proposal for a directive
Article 8 – paragraph 7 b (new)
7b. The obligation to temporarily suspend or terminate the business relationship pursuant to paragraph 6 shall not apply to commercial agreements concluded by the company before the expiry of the transposition period in accordance with Article 30 of this Directive.
2022/10/19
Committee: ENVI
Amendment 571 #
Proposal for a directive
Article 9 – paragraph 2 – point c
(c) civil society organisations directly active in the areas related to the value chain concerned.
2022/10/19
Committee: ENVI
Amendment 587 #
Proposal for a directive
Article 9 – paragraph 4 a (new)
4a. Member States shall ensure that companies are allowed to fulfil the obligations laid down in paragraphs 1 and 3, first subparagraph, by participation in collaborative complaints procedures, including those established jointly by companies, through industry associations or multi-stakeholders initiatives, provided that the collective procedures meet the requirements set out in this Article.
2022/10/19
Committee: ENVI
Amendment 597 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
By way of derogation from paragraph 1, companies referred to in Article 3, point (a)(iv) shall in respect to established business relationships, where related to their value chain, carry out periodic assessments only to monitor the effectiveness of the prevention, mitigation, bringing to an end and minimisation of the extent of adverse impacts identified in accordance with Article 6(3).
2022/10/19
Committee: ENVI
Amendment 601 #
Proposal for a directive
Article 11 – paragraph 1
Member States shall ensure that companies that are not subject to reporting requirements under Articles 19a and 29a of Directive 2013/34/EU report on the matters covered by this Directive by publishing on their website an annual statement in a language customary in the sphere of international business. The statement shall be published by 30 April each year, covering the previous calendar year which shall not exceed 12 months after the balance sheet date of the financial year for which the statement is drawn up.
2022/10/19
Committee: ENVI
Amendment 619 #
Proposal for a directive
Article 15
1. companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan 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. 2. in case climate change is or should have been identified as a principal risk for, or a principal impact of, the company’s operations, the company includes emission reduction objectives in its plan. 3. companies duly take into account the fulfilment of the obligations referArticle 15 deleted Combating climate change Member States shall ensure that Member States shall ensured 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.hat, Member States shall ensure that
2022/10/19
Committee: ENVI
Amendment 630 #
Proposal for a directive
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 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 well below 2 °C, and aiming at 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.
2022/10/19
Committee: ENVI
Amendment 650 #
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
2022/10/19
Committee: ENVI
Amendment 667 #
Proposal for a directive
Article 18 – paragraph 3
3. Inspections shall be conducted in compliance with the national law of the Member State in which the inspection is carried out and with prior warning to the company, except where prior notification hinders the effectiveness of the inspection. , when necessary and in accordance with the national law of the Member State, prior warning to the company. Where, as part of its investigation, a supervisory authority wishes to carry out an inspection on the territory of a Member State other than its own, it shall seek assistance from the supervisory authority in that Member State pursuant to Article 21(2).
2022/10/19
Committee: ENVI
Amendment 668 #
Proposal for a directive
Article 18 – paragraph 4 – subparagraph 2
Taking remedial action does not preclude the imposition of administrative sanctions or the triggering of civil liability in case of damages, in accordance with Articles 20 and 22, respectively.deleted
2022/10/19
Committee: ENVI
Amendment 671 #
Proposal for a directive
Article 18 – paragraph 5 – point b
(b) to impose pecuniary sanctions in accordance with Article 20;deleted
2022/10/19
Committee: ENVI
Amendment 676 #
Proposal for a directive
Article 19 – paragraph 1
1. Member States shall ensure that natural and legal persons having, in accordance with national law, a legitimate interest in the matter 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 this Directive (‘substantiated concerns’).
2022/10/19
Committee: ENVI
Amendment 724 #
Proposal for a directive
Article 24
Member States shall ensure that companies applying for public support certify that no sanctions have been imposed on them for a failure to comply with the obligations of this Directive.Article 24 deleted Public support
2022/10/19
Committee: ENVI
Amendment 736 #
Proposal for a directive
Article 25 – paragraph 2
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.deleted
2022/10/19
Committee: ENVI
Amendment 750 #
Proposal for a directive
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 74 years after the date of entry into force of this Directive], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness of this Directive in reaching its objectives and assess the following issues:
2022/10/19
Committee: ENVI
Amendment 753 #
Proposal for a directive
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 loweradjusted;
2022/10/19
Committee: ENVI
Amendment 764 #
Proposal for a directive
Article 29 – paragraph 1 – point d a (new)
(da) the effectiveness of this Directive in relation to the additional burden put on affects entities, especially SMEs.
2022/10/19
Committee: ENVI
Amendment 765 #
Proposal for a directive
Article 29 – paragraph 1 – point d b (new)
(db) potential overlap with other relevant legislation, including 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, and Directive 2014/95/EU of the European Parliament and of the Council of 22 October 2014 amending Directive 2013/34/EU as regards disclosure of non-financial and diversity information by certain large undertakings and groups.
2022/10/19
Committee: ENVI
Amendment 769 #
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point a
(a) from… [OJ to insert: 24 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (a), and Article 2(2), point (a);
2022/10/19
Committee: ENVI
Amendment 773 #
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 2 – point b
(b) from … [OJ to insert: 46 years from the entry into force of this Directive] as regards companies referred to in Article 2(1), point (b), and Article 2(2), point (b).
2022/10/19
Committee: ENVI
Amendment 778 #
Proposal for a directive
Annex I – Part I – point 2
2. Violation of the right to life, liberty and security of a person in accordance with Article 3 of the Universal Declaration on Human rights;
2022/10/19
Committee: ENVI
Amendment 779 #
Proposal for a directive
Annex I – Part I – point 4
4. Violation of the right to liberty and securitynot to be subjected arbitrary arrest, detention or exile in accordance with Article 9 of the Universal Declaration of Human Rights;
2022/10/19
Committee: ENVI
Amendment 780 #
Proposal for a directive
Annex I – Part I – point 5
5. Violation of the prohibition of arbitrary or unlawful interference with a person's privacy, family, home or correspondence and attacks on their reputation, in accordance with Article 17 of the Universal Declaration of HumanInternational Covenant on Civil and Political Rights;
2022/10/19
Committee: ENVI