BETA

25 Amendments of Juan Ignacio ZOIDO ÁLVAREZ related to 2022/0051(COD)

Amendment 117 #
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 valuesupply chain operations carried out by third country entities with whom the company has an direct established business relationship and
2022/11/18
Committee: INTA
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point b
(b) on liability for violations of the obligations mentioned above.deleted
2022/11/18
Committee: INTA
Amendment 127 #
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 124 months.
2022/11/18
Committee: INTA
Amendment 130 #
Proposal for a directive
Article 1 – paragraph 2 a (new)
2 a. Member States shall not lay down, in their national law, provisions diverging from those laid down in this Directive unless otherwise provided for in this Directive.
2022/11/18
Committee: INTA
Amendment 138 #
Proposal for a directive
Article 2 – paragraph 1 – point a
(a) the company had more than 5000 employees on average and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;
2022/11/18
Committee: INTA
Amendment 143 #
Proposal for a directive
Article 2 – paragraph 1 – point b
(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 40 million 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: (i) the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; (ii) agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; (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), 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).deleted
2022/11/18
Committee: INTA
Amendment 149 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point i
(i) the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear;deleted
2022/11/18
Committee: INTA
Amendment 154 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
(ii) agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages;deleted
2022/11/18
Committee: INTA
Amendment 159 #
Proposal for a directive
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), 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).deleted
2022/11/18
Committee: INTA
Amendment 184 #
Proposal for a directive
Article 2 – paragraph 2 – introductory part
2. This Directive shall also apply to companies which are formed in accordance with the legislation of a third country, and fulfil one of the following conditions:have a domestic branch office or subsidiary in a Member State and which normally have at least 5000 employees worldwide and had a net worldwide turnover of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;.
2022/11/18
Committee: INTA
Amendment 188 #
Proposal for a directive
Article 2 – paragraph 2 – point a
(a) generated a net turnover of more than EUR 150 million in the Union in the financial year preceding the last financial year;deleted
2022/11/18
Committee: INTA
Amendment 193 #
Proposal for a directive
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 Union 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).deleted
2022/11/18
Committee: INTA
Amendment 195 #
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 a 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.
2022/11/18
Committee: INTA
Amendment 216 #
Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘valuesupply chain’ means activities related todirectly necessary for 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 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;
2022/11/18
Committee: INTA
Amendment 222 #
Proposal for a directive
Article 3 – paragraph 1 – point j
(j) ‘industry initiative’ means a combination of voluntary valuesupply chain due diligence procedures, tools and mechanisms, including independent third- party verifications, developed and overseen by governments, industry associations or groupings of interested organisthe Commission, governments, including the governments of developing countries, industry associations;
2022/11/18
Committee: INTA
Amendment 227 #
Proposal for a directive
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could bedirectly affected by adverse human rights impacts and adverse environmental impacts arising from the products, services and operations of that company, its subsidiaries and its business relationships;
2022/11/18
Committee: INTA
Amendment 271 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – introductory part
As regards actual adverse impacts within the meaning of paragraph 1 that could not be brought to an end or the extent of which could not be minimised by the measures provided for in paragraphs 3, 4 and 5, the company shall refrain from entering into new or extending existing relations with the partner in connection to or in the valuesupply chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take one of the following actions if they are in the best interest of the potential victims of the potential and actual adverse impacts, in line with responsible disengagement, taking into account proportionality and the consequences of disrupting supply chains:
2022/11/18
Committee: INTA
Amendment 276 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point a
(a) temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or minimise the extent of the adverse impact, if there is reasonable expectation that these efforts will succeed in the short- term. If there is no such reasonable expectation or the efforts did not succeed in the short-term, the company shall terminate the business relationship or
2022/11/18
Committee: INTA
Amendment 287 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for the availability of an option to terminate and temporarily suspend the business relationship in contracts governed by their laws in accordance with the first subparagraph, except for contracts where the parties are obliged by law to enter into them.
2022/11/18
Committee: INTA
Amendment 297 #
Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit notifications or complaints to them where they have legitimate concernssufficient evidence 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 chaindirect upstream business partners.
2022/11/18
Committee: INTA
Amendment 301 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
1 a. Companies shall be allowed to deal with notifications as a group, for example within a sectoral initiative, an industry programme or multi-stakeholder initiatives.
2022/11/18
Committee: INTA
Amendment 314 #
Proposal for a directive
Article 9 – paragraph 2 – point a
(a) persons who are affected or have reasonable groundssufficient evidence to believe that they might bare affected by an adverse impact,
2022/11/18
Committee: INTA
Amendment 316 #
Proposal for a directive
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the value chain concernedcompany, their subsidiaries or their direct business partners, that are directly affected by an adverse impact,
2022/11/18
Committee: INTA
Amendment 323 #
Proposal for a directive
Article 9 – paragraph 2 – point c
(c) civil society organisations active in the areas related to the value chain concerndeleted.
2022/11/18
Committee: INTA
Amendment 328 #
Proposal for a directive
Article 9 – paragraph 3
3. Member States shall ensure that the companies establish a procedure 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 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.
2022/11/18
Committee: INTA