25 Amendments of Sabrina PIGNEDOLI related to 2022/0051(COD)
Amendment 301 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) This Directive should ensure equal treatment and a level playing field within the single market.
Amendment 352 #
Proposal for a directive
Recital 21
Recital 21
(21) Under this Directive, EU companies with more than 500 employees on average and a worldwide net turnover in the EU 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 40 million worldwide net turnover in the EU 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 465 #
Proposal for a directive
Recital 55 a (new)
Recital 55 a (new)
(55a) In order to effectively prevent adverse impacts on human rights and the environment, Member States shall provide for the issuing of court injunctions where companies fail to carry out due diligence in line with this directive.
Amendment 472 #
Proposal for a directive
Recital 56
Recital 56
(56) In order to ensure effective compensation of victims of adverse impacts, Member States should be required to lay down rules governing the civil liability of companies for damages arising due to its failure to comply with the due diligence process. The company should be liable for damages if they failed to comply with the obligations to prevent and mitigate potential adverse impacts or to bring actual impacts to an end and minimise their extent, and as a result of this failure an adverse impact that should have been identified, prevented, mitigated, brought to an end or its extent minimised through the appropriate measures occurred and led to damage. The burden of proving compliance with obligations to prevent and mitigate potential adverse impacts or bring actual impacts to an end and minimise their extent should lie with the respondent company.
Amendment 546 #
Proposal for a directive
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) the company had more than 500 employees on average and had a net worldwideEU turnover of more than EUR 150 million in the Union in the last financial year for which annual financial statements have been prepared;
Amendment 556 #
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
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 worldwideEU turnover of more than EUR 40 million in the Union in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:
Amendment 670 #
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 the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex, Part II, and of EU environmental legislation;
Amendment 710 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘consolidated 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 ancillaryrepresents a part of the value chain;
Amendment 731 #
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 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;
Amendment 790 #
Proposal for a directive
Article 3 – paragraph 1 – point q a (new)
Article 3 – paragraph 1 – point q a (new)
(qa) ‘Complaint handling mechanism’ means an early warning system to raise awareness of risks, which allows interested parties, including whistle- blowers, to raise concerns about possible infringements of the obligations set out in this Directive;
Amendment 899 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 966 #
Proposal for a directive
Article 7 – paragraph 2 – point e a (new)
Article 7 – paragraph 2 – point e a (new)
(ea) establish a complaint-handling mechanism as an early warning system to raise awareness of risks;
Amendment 1011 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
Amendment 1026 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where the adverse impact cannot be brought to an end, Member States shall ensure that companies minimise the extent of such an impact and henceforward desist from the activities that caused it.
Amendment 1038 #
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, including by the payment of damages to the affected persons and of financial compensation to the affected communities. The action shall be in a manner commensurate with and proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact;
Amendment 1116 #
Proposal for a directive
Article 8 – paragraph 7
Article 8 – paragraph 7
Amendment 1127 #
Proposal for a directive
Article 9 – title
Article 9 – title
Complaints procedure-handling mechanism
Amendment 1139 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies establish a complaints- handling mechanism that provides the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns 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.
Amendment 1179 #
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a proceduremechanism for dealing with complaints referred to in paragraph 1, including a procedure when the company considers the complaint to be unfounded, and inform the relevant workers and, trade unions and interested parties of those procedures. Member States shall ensure that where the complaint is well-founded, the adverse impact that is the subject matter of the complaint is deemed to be identified within the meaning of Article 6.
Amendment 1256 #
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article 11a Relationship with national law 1. This Directive shall not prevent Member States from maintaining or adopting more stringent provisions in relation to the prevention and remedying of adverse impacts on human rights and on the environment, including the identification of additional activities to be subject to the prevention requirements of this Directive and the identification of additional responsible parties. 2. This Directive shall not prevent Member States from taking appropriate measures to remedy adverse impacts on human rights and the environment.
Amendment 1418 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall lay down the rules on sanctions applicable to infringements of national provisions adopted pursuant to this Directive, and shall take all measures necessary to ensure that they are implemented. The sanctions provided for shall be effective, proportionate and dissuasive. sufficiently dissuasive, commensurate with the seriousness of the infringements and effective. They shall include fines and other sanctions, such as: (a) exclusion from entitlement to public benefits or aid; (b) temporary or permanent exclusion from access to public funding, including tender procedures, grants and concessions; (c) temporary or permanent disqualification from the practice of commercial activities;
Amendment 1472 #
Proposal for a directive
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Member States shall ensure that companies are liable for damages if: they have failed to comply with the obligations laid down in Articles 7 and 8.
Amendment 1475 #
Proposal for a directive
Article 22 – paragraph 1 – point a
Article 22 – paragraph 1 – point a
Amendment 1480 #
Proposal for a directive
Article 22 – paragraph 1 – point b
Article 22 – paragraph 1 – point b
Amendment 1533 #
Proposal for a directive
Article 22 – paragraph 4 a (new)
Article 22 – paragraph 4 a (new)
4a. Member States shall ensure that the burden of proving that all reasonable steps have been taken to ensure compliance with the obligations laid down in Articles 7 and 8 of this Directive is borne by the respondent company.