23 Amendments of Janina OCHOJSKA related to 2022/0051(COD)
Amendment 361 #
Article 1 a This directive aims to ensure the companies respect human rights and its action do not cause harm to the environment within their own operations and the operations of their subsidiaries.
Amendment 370 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to all companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions:
Amendment 385 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii
Article 2 – paragraph 1 – point b – point iii
(iii) the extraction of mineral resources regardless from where they are extracted (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and, quarry products and conflict minerals), 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).
Amendment 388 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii a (new)
Article 2 – paragraph 1 – point b – point iii a (new)
(iii a) trading or selling natural gas and crude oil.
Amendment 390 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point iii b (new)
Article 2 – paragraph 1 – point b – point iii b (new)
(iii b) construction sector.
Amendment 392 #
Proposal for a directive
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to large companies and publicly listed medium-sized companies operating in high risk sectors which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:
Amendment 398 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point i
Article 3 – paragraph 1 – point a – point i
(i) a legal person constituted as one of the legal forms listed in Annex I and II to Directive 2013/34/EU of the European Parliament and of the Council110 ; _________________ 110 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings (OJ L 182, 29.6.2013, p. 19).
Amendment 399 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘adverse environmental impact’ means an adverse impact on the environment resulting from theany violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part II;
Amendment 401 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘adverse human rights impact’ means an adversy negative impact on protected persons resulting from the violation of one of the rights or prohibitions listed in the Annex, Part I Section 1, as enshrined in the international conventions listedenjoyment of human rights as enshrined in the international conventions in particular the rights listed in the Annex, Part I Section 2 and especially the protected position in the Annex, Part I1 Section 21;
Amendment 408 #
Proposal for a directive
Article 3 – paragraph 1 – point e – introductory part
Article 3 – paragraph 1 – point e – introductory part
(e) ‘business relationship’ means a relationship between the company or one of its subsidiaries with a contractor, subcontractor or any other legal entities (‘partner’)
Amendment 424 #
Proposal for a directive
Article 3 – paragraph 1 – point n a (new)
Article 3 – paragraph 1 – point n a (new)
(n a) other legal or natural persons defending human rights and environment;
Amendment 425 #
Proposal for a directive
Article 3 – paragraph 1 – point n b (new)
Article 3 – paragraph 1 – point n b (new)
(n b) organisations whose statutory purpose is the defence of human rights, climate and the environment and good governance;
Amendment 427 #
Proposal for a directive
Article 3 – paragraph 1 – point q
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a measure that isare capable of achieving the objectives of due diligence, and effectively addressing the adverse impact, 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 business relationship and the company’s influence thereof, and the need to ensure prioritisation of action.
Amendment 428 #
Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(q a) ‘Human rights and environmental defenders’ are those individuals, groups and organs of society that promote and protect universally recognised human rights, fundamental freedoms, the environment including, among others, water, air, land, flora and fauna, or human rights related to the environment.
Amendment 455 #
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 potentially affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts and implementation of appropriate preventive measures.
Amendment 466 #
Proposal for a directive
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) where necessary due to the nature or complexity of the measures required for prevention, develop and implement a prevention action plan, with reasonable and clearly defined timelines for actionppropriate measures and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed in consultation with affected stakeholders;
Amendment 469 #
Proposal for a directive
Article 7 – paragraph 2 – point a a (new)
Article 7 – paragraph 2 – point a a (new)
(a a) the appropriate measures should apply, where applicable, to a company’s own operations and subsidiaries;
Amendment 470 #
Proposal for a directive
Article 7 – paragraph 2 – point a b (new)
Article 7 – paragraph 2 – point a b (new)
(a b) in the event that the company is not in a position to prevent or mitigate all the potential adverse impacts at the same time, this plan shall include a prioritisation strategy which shall consider the level of severity and likelihood of the different potential adverse impacts on human rights and the environment.
Amendment 487 #
Proposal for a directive
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) neutralise the adverse impact or, minimise its extent, and when possible eliminate including by the payment of damages to the affected persons and of financial adequate 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;
Amendment 496 #
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, tThe corrective action plan shall be developed in consultation with all stakeholders;
Amendment 518 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) individual workers, trade unions and other workers’ representatives representing individuals working in the value chain concerned,
Amendment 538 #
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. obtain information on the complaint procedure.
Amendment 548 #
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, mayshould issue guidelines, including for specific sectors or specific adverse impacts.