BETA

32 Amendments of Lídia PEREIRA related to 2022/0051(COD)

Amendment 290 #
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.
2022/10/27
Committee: ECON
Amendment 293 #
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.
2022/10/27
Committee: ECON
Amendment 306 #
Proposal for a directive
Article 2 – paragraph 1 – point a
(a) the company had more than 51000 employees on average and had a net worldwide turnover of more than EUR 15300 million in the last financial year for which annual financial statements have been prepared;
2022/10/27
Committee: ECON
Amendment 313 #
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 2500 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 turnover was generated in one or more of the following sectors:
2022/10/27
Committee: ECON
Amendment 328 #
Proposal for a directive
Article 2 – paragraph 2 – point b
(b) generated a net turnover of more than EUR 450 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).
2022/10/27
Committee: ECON
Amendment 329 #
Proposal for a directive
Article 2 – paragraph 3
3. For the purposes of paragraph 1, the number of part-time employees shall be calculated ononsidered, representing 50% of a full- time equivalent basisemployee. 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.
2022/10/27
Committee: ECON
Amendment 337 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 2
— an investment firm as defined in Article 4(1), point (1), of Directive 2014/65/EU the European Parliament and of the Council112 ; __________________ 112 Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU (OJ L 173, 12.6.2014, p. 349).deleted
2022/10/27
Committee: ECON
Amendment 338 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 3
— an alternative investment fund manager (AIFM) as defined in Article 4(1), point (b), of Directive 2011/61/EU of the European Parliament and of the Council (2), including a manager of Euveca under Regulation (EU) No 345/2013 of the European Parliament and of the Council113 , a manager of EuSEF under Regulation (EU) No 346/2013 of the European Parliament and of the Council114 and a manager of ELTIF under Regulation (EU) 2015/760 of the European Parliament and of the Council115 ; __________________ 113 Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013 on European venture capital funds (OJ L 115, 25.4.2013, p. 1). 114 Regulation (EU) No 346/2013 of the European Parliament and of the Council of 17 April 2013 on European social entrepreneurship funds (OJ L 115, 25.4.2013, p. 18). 115 Regulation (EU) 2015/760 of the European Parliament and of the Council of 29 April 2015 on European long-term investment funds (OJ L 123, 19.5.2015, p. 98).deleted
2022/10/27
Committee: ECON
Amendment 340 #
Proposal for a directive
Article 3 – paragraph 1 – point a – point iv – indent 4
— an undertaking for collective investment in transferable securities (UCITS) management company as defined Article 2(1), point (b), of Directive 2009/65/EC of the European Parliament and of the Council116 ; __________________ 116 Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32).deleted
2022/10/27
Committee: ECON
Amendment 344 #
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
2022/10/27
Committee: ECON
Amendment 347 #
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
2022/10/27
Committee: ECON
Amendment 351 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
(a a) 'investee company' means a company in which an institutional investor or asset manager invests through transferable securities or money market instruments as defined in Section C Annex I of Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, which is not a controlled undertaking;
2022/10/27
Committee: ECON
Amendment 354 #
Proposal for a directive
Article 3 – paragraph 1 – point a c (new)
(a c) 'institutional investor' means an entity as defined by Article 2(e)of Directive 2007/36/EC, within the scope of Article 2 of this Directive;
2022/10/27
Committee: ECON
Amendment 355 #
Proposal for a directive
Article 3 – paragraph 1 – point a b (new)
(a b) 'asset manager' means an entity as defined by Article 2(f) of Directive 2007/36/EC, within the scope of Article 2 of this Directive;
2022/10/27
Committee: ECON
Amendment 369 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
(i) with whom the company has a commercial agreement or to whom the companyan agreement to provides financing, insurance or reinsurance,, or
2022/10/27
Committee: ECON
Amendment 384 #
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;
2022/10/27
Committee: ECON
Amendment 478 #
Proposal for a directive
Article 5 – paragraph 2
2. Member States shall ensure that the companies update their due diligence policy annualregularly.
2022/10/27
Committee: ECON
Amendment 560 #
Proposal for a directive
Article 7 – paragraph 2 – point c
(c) make necessary investments, such as into management or production processes and infrastructures, to comply with paragraph 1;deleted
2022/10/27
Committee: ECON
Amendment 579 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2 a (new)
Contractual assurances must be proportional, reasonable and adequate to the nature of the companies integrated in the business relationship, preserving the viability and competitiveness of such companies;
2022/10/27
Committee: ECON
Amendment 580 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1
As regards potential adverse impacts within the meaning of paragraph 1 that could not be prevented or adequately mitigated by the measures in paragraphs 2, 3 and 4, the company shall be required to refrain from entering into new or extending existing relations with the partner in connection with or in the value chain of which the impact has arisen and shall, where the law governing their relations so entitles them to, take the following actions: (a) relations with the partner in question, while pursuing prevention and minimisation efforts, if there is reasonable expectation that these efforts will succeed in the short-term; (b) terminate the business relationship with respect to the activities concerned if the potential adverse impact is severe.deleted temporarily suspend commercial
2022/10/27
Committee: ECON
Amendment 592 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Member States shall provide for the availability of an option to terminate the business relationship in contracts governed by their laws.deleted
2022/10/27
Committee: ECON
Amendment 593 #
Proposal for a directive
Article 7 – paragraph 6
6. By way of derogation from paragraph 5, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, they shall not be required to terminate the credit, loan or other financial service contract when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.deleted
2022/10/27
Committee: ECON
Amendment 630 #
Proposal for a directive
Article 8 – paragraph 3 – point c
(c) seek proportional, adequate and reasonable contractual assurances from a direct partner with whom it has an established business relationship that it will ensure compliance with the code of conduct and, as necessary, a corrective action plan, including by seeking corresponding contractual assurances from its partners, to the extent that they are part of the value chain (contractual cascading). When such contractual assurances are obtained, paragraph 5 shall apply.
2022/10/27
Committee: ECON
Amendment 634 #
Proposal for a directive
Article 8 – paragraph 3 – point d
(d) make necessary investments, such as into management or production processes and infrastructures to comply with paragraphs 1, 2 and 3;deleted
2022/10/27
Committee: ECON
Amendment 659 #
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 value 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:deleted
2022/10/27
Committee: ECON
Amendment 665 #
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, ordeleted
2022/10/27
Committee: ECON
Amendment 667 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1 – point b
(b) terminate the business relationship with respect to the activities concerned, if the adverse impact is considered severe.deleted
2022/10/27
Committee: ECON
Amendment 671 #
Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for the availability of an option to terminate the business relationship in contracts governed by their laws.deleted
2022/10/27
Committee: ECON
Amendment 673 #
Proposal for a directive
Article 8 – paragraph 7
7. By way of derogation from paragraph 6, point (b), when companies referred to in Article 3, point (a)(iv), provide credit, loan or other financial services, they shall not be required to terminate the credit, loan or other financial service contract, when this can be reasonably expected to cause substantial prejudice to the entity to whom that service is being provided.deleted
2022/10/27
Committee: ECON
Amendment 726 #
Proposal for a directive
Article 10 – paragraph 1
Member States shall ensure that companies carry out periodic assessments of their own operations and measures, those of their subsidiaries and, where related to the value chains of the company, those of their established business relationships, to monitor the effectiveness of the identification, prevention, mitigation, bringing to an end and minimisation of the extent of human rights and environmental adverse impacts. Such assessments shall be based, where appropriate, on qualitative and quantitative indicators and be carried out at least every 12 monthsregularly and whenever there are reasonable grounds to believe that significant new risks of the occurrence of those adverse impacts may arise. The due diligence policy shall be updated in accordance with the outcome of those assessments.
2022/10/27
Committee: ECON
Amendment 835 #
Proposal for a directive
Article 20 – paragraph 3
3. When pecuniary sanctions are imposed, they shall be based on the company’s turnover.deleted
2022/10/27
Committee: ECON
Amendment 903 #
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
2022/10/27
Committee: ECON