59 Amendments of Adrián VÁZQUEZ LÁZARA related to 2020/2129(INL)
Amendment 30 #
Motion for a resolution
Recital A
Recital A
A. Whereas the globalisation of economic activity has in many instances given rise to and aggravated adverse impacts on human rights, including social and labour rights, the environment and the good governance of states;
Amendment 33 #
Motion for a resolution
Recital B
Recital B
B. Whereas companies should respect human rights, the environment and good governance and should not cause or contribute to causing any adverse impacts in this regard;
Amendment 53 #
Motion for a resolution
Recital G
Recital G
G. Whereas, according to a Commission study, only 37% of business respondents currently conduct environmental and human rights due diligence, and only 16% cover the entire supply chain;.
Amendment 69 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that voluntary due diligence standards have severe limitations and that the Union should urgently adoptadopt clear minimum requirements for undertakings to identify, prevent, cease, mitigate, monitor, disclose, account, address and remediatedress the risks of violations of human rights, environmental and governance risks in their entire value chain; believes that this would be beneficial for stakeholders, as well as for businesses in terms of harmonization, legal certainty and a level playing field; stresses that this would enhance the reputation of EU undertakings and of the Union as a standard setter;
Amendment 75 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that due diligence is primarily a preventative mechanism and that companies should be first and foremost required to make best efforts to identify risks or adverse impacts and adopt policies and measures to address them; highlights that if an undertaking causes or contributes to an adverse impact it should provide for a remedyredress that situation;
Amendment 84 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that human rights abuses and breaches of social and environmental standards can be the result of a company’s own activities or of those of its business relationships; underlines therefore that due diligence should encompass the entdirect suppliers in theire value chain;
Amendment 85 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that undertakings exercise control over the activities of suppliers with whom they have a direct, contractual relationship; considers that in specific sectors or circumstances, undertakings may even have a degree of control over suppliers with who they have an indirect relationship; urges the Commission to conduct an assessment whether in particular sectors or circumstances undertakings indeed are able to exercise control over the activities of these indirect suppliers in their supply chain, which could justify an increased responsibility for tier-2 or tier-3 suppliers;
Amendment 89 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the scope of anyA future mandatory EU due diligence framework should be broad and cover all large undertakings governed by the law of a Member State or established in the territory of the Union, including those providing financial products and services, regardless of their size or sector of activity and of whether they are publicly owned or controlled undertakings;.
Amendment 100 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that small, medium- sized and micro-enterprises may need less extensive and formalised due diligence processes, and that a proportional approach could take into account, amongst other elements, the sector of activity, the size of the undertaking, the context of its operations, its business model, its position in value chains and the nature of its products and services;
Amendment 104 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that due diligence strategies should be aligned with the Sustainable Development Goals and EU policy objectives in the field of human rights and the environment, including the European Green Deal, and EU international policy; asks the Commission to consolidate existing EU and international mandatory legal instruments and voluntary due diligence frameworks to develop a single set of due diligence guidelines, including clear metrics to measure progress, in the areas of human rights, the environment and good governance;
Amendment 123 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that sound due diligence requires that all stakeholders bare involved and consulted effectively and meaningfully;
Amendment 132 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that, to enforce due diligence, Member States should designate national authorities to share best practices as well as to supervise and impose sanctions, including criminal sanctions in severe casesensure compliance with this Directive;
Amendment 143 #
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 161 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 169 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that victims of business- related adverse impacts are often notmay not be sufficiently protected by the law of the country where the harm has been caused; considers, in this regard, that victims of human rights abuses committed by EU undertakings should be allowed to choose the law of a legal system with high human rights standards, which could be that of the placthe adjustment of international private law might provide relief, but that this must always forego a thorough legal analysis and impact assessment; considers that such adjustment could allow the competent forum to apply the law of the Member State where the defendant undertaking has its domiciledregistered seat;
Amendment 196 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 4
Annex I – part 1 – paragraph 9 – point 4
4. Businesses thus currently have at their disposal an important number of international due diligence instruments that can help them fulfil their responsibility to respect human rights. While it is difficult to overstate the importance of these instruments for businesses that take their duty to respect human rights seriously, their voluntary nature can hampers their effectiveness and their effect has indeed proved limitedbeen varying, with a restricted number of businesses voluntarily implementing human rights due diligence in relation to their activities and those of their business relationships. Respect for human rights continues to play a marginal role in undertakings’ policies and strategies. This is exacerbated by many undertakings’ excessive focus on short-term profit maximisation.
Amendment 203 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 6
Annex I – part 1 – paragraph 9 – point 6
6. A more general approach was taken by the Non-Financial Reporting Directive5 , which imposes on some large undertakings the obligation to report on the policies they pursue in relation to environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, including due diligence. However, the scope of that directive is limited and theThat obligation is based on a comply-or-explain principle. _________________ 5 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 (OJ L 330, 15.11.2014, p. 1).
Amendment 220 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 8
Annex I – part 1 – paragraph 9 – point 8
8. In order to ensure a level playing field the responsibility for companies to respect human rights under international standards should be transformed into a legal duty at Union level. By coordinating safeguards for the protection of human rights, the environment and good governance, this Directive will ensure that all large undertakings operating in the internal market are subject to harmonised minimum due diligence obligations, which will improve the functioning of that market.
Amendment 221 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 8
Annex I – part 1 – paragraph 9 – point 8
8. In order to ensure a level playing field the responsibility for companies to respect human rights under international standards should be transformed into a legal duty at Union level. By coordinating safeguards for the protection of human rights, the environment and good governance, this Directive will ensure that alllarge undertakings operating in the internal market are subject to harmonised minimum due diligence obligations, which will improve the functioning of that market.
Amendment 232 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 10
Annex I – part 1 – paragraph 9 – point 10
10. This Directive is aimed at preventing and mitigating adverse human rights, governance and environmental impacts throughoutin the first tier of the value chain, as well as ensuring that undertakings can be held accountable for these risks and to facilitate that anyone who has suffered harm in this regard can effectively exercise the right to obtain remedyredress.
Amendment 244 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 13
Annex I – part 1 – paragraph 9 – point 13
13. The Directive applies to all large undertakings, as defined in Article 3(4) of the Accounting Directive, governed by the law of a Member State or established in the territory of the Union regardless of their size, sector, and whether they are private or state- owned. All economic sectors, including the financial sector, are covered by this Directive. The Commission shall identify high-risk sectors of economic activity with a significant impact on human rights, environmental and good governance matters in order to include the small and medium-sized enterprises in those sectors within the scope of this Directive.
Amendment 251 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 14
Annex I – part 1 – paragraph 9 – point 14
Amendment 269 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 16
Annex I – part 1 – paragraph 9 – point 16
16. Due diligence is defined in this Directive as the process put in place by an undertaking in order to identify, cease, prevent, mitigate, monitor, disclose, account for, address and remedydress the risks posed to human rights, including social and labour rights, the environment, including climate change,the environment and to governance, both by its own operations and its business relationshipdirect, contractual relationships with suppliers.
Amendment 300 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 22
Annex I – part 1 – paragraph 9 – point 22
22. Adverse impacts or violations of human rights and social and environmental standards by undertakings can be the result of their own activities or of those of their business relationships, in particular suppliers, sub-contractors and investee undertakings. In order to be effective, undertakings’ due diligence should encompass the entire value chain.direct suppliers;
Amendment 309 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 23
Annex I – part 1 – paragraph 9 – point 23
23. Due diligence is primarily a preventative mechanism that requires companies to do their best effort to identify potential or actual adverse impacts and to adopt policies and measures to cease, prevent, mitigate, monitor, disclose, address, remediateand redress them, and account for how they address those impacts. Undertakings should be required to produce a document in which they make explicit their due diligence strategy with reference to each of those stages. This due diligence strategy should be duly integrated into the company’s overall business strategy.
Amendment 318 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 25
Annex I – part 1 – paragraph 9 – point 25
25. Undertakings should first try to address and solve a potential or actual risk in consultation with stakeholders. Should this attempt be unsuccessful, and the company’s responsible disengagement becomes an option, the company should also consider the potential adverse impacts of that decision and take appropriate measures to address them.
Amendment 337 #
28. To avoid the risk of critical stakeholder voices remaining unheard or marginalised in the due diligence process, the Directive grants stakeholders the right to safe and meaningful consultation as regards the company’s due diligence strategy, and ensure the appropriate involvement of trade unions or workers’ representatives or workers themselves.
Amendment 344 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 30
Annex I – part 1 – paragraph 9 – point 30
30. This Directive requires undertakings to make all necessary efforts to identify all their direct suppliers. In order to be fully effective, due diligence should not be limited to the first tier downstream and upstream in the supply chain but should encompass all suppliers and sub- contractors, particularly those that, during the due diligence process, might have been identified by the undertaking as posing major risks. This Directive, however, recognises that not all undertakings have the same resources or capabilities to identify all their suppliers and therefore makes that obligation subject to the principles of reasonableness and proportionality, which in no case should be interpreted by undertakings as a pretext not to comply with their obligation to make all necessary efforts in that regard.
Amendment 376 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 35
Annex I – part 1 – paragraph 9 – point 35
Amendment 391 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 40
Annex I – part 1 – paragraph 9 – point 40
40. In order to create clarity and certainty and consistency among the practices of undertakings, in particular small, medium-sized and micro- enterprises, this Directive requires the Commission to prepare guidelines in consultation with Member States and the OECD and with the assistance of a number of specialised agencies. A number of guidelines on due diligence produced by international organisations already exist which could be used as a reference for the Commission when developing guidelines under this Directive specifically for EU companies. In addition to general guidelines which could guide SMEs in the application of due diligence in their operations, tThe Commission should envisage producing sector-specific guidelines and provide a regularly updated list of country fact-sheets in order to help companies assess the risks of their business operations in a given area. Those fact- sheets should indicate in particular which list of Conventions and Treaties among those listed in Article 3 of the Directive have been ratified by a given country.
Amendment 403 #
Motion for a resolution
Article 1 – point 1 – introductory part
Article 1 – point 1 – introductory part
1. This Directive is aimed at ensuring that undertakings operating in the internal market fulfil their duty to respect human rights, the environment and good governance and do not cause or contribute to risks to human rights, the environment and good governance in their activities and those of their business relationshipdirect suppliers.
Amendment 411 #
Motion for a resolution
Article 1 – point 1 – paragraph 1
Article 1 – point 1 – paragraph 1
To this end, it establishes minimum requirements for undertakings to identify, prevent, cease, mitigate, monitor, disclose, account, address and remediate thedress the risks for violations of human rights, environmental and governance risks that those activities may pose. By coordinating safeguards for the protection of human rights, the environment and good governance, those due diligence requirements are aimed at improving the functioning of the internal market.
Amendment 433 #
Motion for a resolution
Article 2 – point 1
Article 2 – point 1
1. This Directive shall apply to all undertakings governed by the law of a Member State or established in the territory of the Union, as defined in Article 3(4) of the Accounting Directive.
Amendment 441 #
Motion for a resolution
Article 2 – point 2
Article 2 – point 2
2. It shall also apply to large limited liability undertakings governed by the law of a non-Member State and not established in the territory of the Union when they operate in the internal market selling goods or providing services. An large undertaking governed by the law of a non-Member State and not established in the territory of the Union shall be considered in compliance with this Directive if it fulfils the due diligence requirements established in this Directive as transposed in the legislation of the Member State in which it operates.
Amendment 447 #
Motion for a resolution
Article 2 – point 3
Article 2 – point 3
Amendment 455 #
Motion for a resolution
Article 3 – paragraph 1 – indent 1
Article 3 – paragraph 1 – indent 1
- 'due diligence' means the process put in place by an undertaking aimed at identifying, ceasing, preventing, mitigating, monitoring, disclosing, accounting for, addressing, and remediatdressing the risks posed to human rights, including social and labour rights, the environment, including through climate changethe environment, and to governance, both by its own operations and by those of its business relationshipdirect suppliers.
Amendment 489 #
Motion for a resolution
Article 3 – paragraph 1 – indent 8
Article 3 – paragraph 1 – indent 8
- ‘human rights risk’ means any potential or actual adverse impact that may impair the full enjoyment of human rights by individuals or groups of individuals in relation to internationally recognized human rights, understood, at a minimum, as those expressed in the International Bill of Human Rights, the United Nations human rights instruments on the rights of persons belonging to particularly vulnerable groups or communities, and the principles concerning fundamental rights set out in the ILO Declaration on Fundamental Principles and Rights at Work, as well as those recognised in the ILO Convention on freedom of association and the effective recognition of the right to collective bargaining, the ILO Convention on the elimination of all forms of forced or compulsory labour, the ILO Convention on the effective abolition of child labour, and the ILO Convention on the elimination of discrimination in respect of employment and occupation. They further include, but are not restricted to, adverse impacts in relation to other rights recognised in a number of ILO Conventions, such as freedom of association, minimum age, occupational safety and health, and equal remuneration, and the rights recognised in the Convention on the Rights of the Child, the African Charter of Human and Peoples’ Rights, the American Convention on Human Rights, the European Convention on Human Rights, the European Social Charter, the Charter of Fundamental Rights of the European Union, and national constitutions and laws recognising or implementing human rights.
Amendment 503 #
Motion for a resolution
Article 3 – paragraph 1 – indent 9
Article 3 – paragraph 1 – indent 9
- ‘environmental risk’ means any potential or actual adverse impact that may impair the right to a healthy environment, whether temporarily or permanently, and of whatever magnitude, duration or frequency. These include, but are not limited to, adverse impacts on the climate, the sustainable use of natural resources, and biodiversity and ecosystems. These risks include climate change, air and water pollution, deforestation, loss in biodiversity, and greenhouse emissions.
Amendment 507 #
Motion for a resolution
Article 3 – paragraph 1 – indent 10
Article 3 – paragraph 1 – indent 10
- ‘governance risk’ means any potential or actual adverse impact on the good governance of a country, region or territory. These include, but are not limited to, non-compliance with OECD Guidelines for Multinational Enterprises, Chapter VII on Combatting Bribery, Bribe Solicitation and Extortion and the principles of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and situations of corruption and bribery where an undertaking exercises undue influence on, or channels undue pecuniary advantages to, public officials to obtain privileges or unfair favourable treatment in breach of the law, and including situations in which an undertaking becomes improperly involved in local political activities, makes illegal campaign contributions or fails to comply with the applicable tax legislation.
Amendment 510 #
Motion for a resolution
Article 3 – paragraph 1 – indent 10 a (new)
Article 3 – paragraph 1 – indent 10 a (new)
- The Commission shall further define all the risk types by means of guidelines that shall be based on existing legislative frameworks and standards. These guidelines shall be reviewed on a regular basis consistently with EU's objectives on human rights, good governance, environmental protection and climate change mitigation. The European Parliament shall be associated to the adoption of those guidelines through delegated acts.
Amendment 553 #
Motion for a resolution
Article 4 – point 5
Article 4 – point 5
5. Undertakings shall make all reasonable efforts to identify subcontractors and suppliers in their ent first tier of theire value chain.
Amendment 566 #
Motion for a resolution
Article 4 – point 9
Article 4 – point 9
9. Undertakings shall ensure by means of contractual clauses and, by means of the adoption of codes of conduct and, where relevant, by means of certified and independent audits, that their business relationships put in place and carry out human rights, environmental and governance policies that are in line with their due diligence strategy.
Amendment 571 #
Motion for a resolution
Article 5 – title
Article 5 – title
Involvement of trade unions and consultation of stakeholders
Amendment 576 #
Motion for a resolution
Article 5 – point 1
Article 5 – point 1
1. Member States shall ensure that undertakings carry out in good faith effective, meaningful and informed consultations with stakeholders when establishing and implementing their due diligence strategy in a manner that is appropriate to their size and the nature and context of their operations, and shall guarantee, in particular, the right for trade unions or workers' representatives or workers themselves at the relevant level to be involved in the establishment and implementation of the due diligence strategy in good faith with their undertaking.
Amendment 589 #
Motion for a resolution
Article 5 – point 6
Article 5 – point 6
6. Member States shall ensure that where an undertaking refuses to carry out consultations with stakeholders, fails to involve trade unions in good faith, or does not adequately inform and consult workers or their representatives, stakeholders and trade unions may refer the matter to the competent national authority
Amendment 595 #
Motion for a resolution
Article 6 – point 1
Article 6 – point 1
1. Member States shall ensure that undertakings make their due diligence strategy publicly available, accessible and free of charge, especially on the undertakings’ websites, whilst respecting trade secrets.
Amendment 606 #
Motion for a resolution
Article 6 – point 2
Article 6 – point 2
2. Undertakings shall communicate their due diligence strategy to their workers and business relationships and, on request, to one of the national competent authorities designated pursuant to Article 14.
Amendment 607 #
Motion for a resolution
Article 6 – point 3
Article 6 – point 3
3. Member States shall establish a centralised platform and ensure that undertakings upload on thatnsure that undertakings upload on a national or European centralised platform their due diligence strategies or the statement referred to in Article 4. Such platform could be the Single European Access Point mentioned by the Commission in its recent Capital Markets Union Action Plan (COM/2020/590).
Amendment 619 #
Motion for a resolution
Article 8 – point 1
Article 8 – point 1
1. Undertakings shall evaluate the effectiveness and appropriateness of their due diligence strategy at least once aevery 5 years, and review it accordingly when necessary.
Amendment 632 #
Motion for a resolution
Article 9 – point 1
Article 9 – point 1
1. ULarge undertakings shall establish a grievance mechanism, both as an early- warning risk-awareness and as a remediation system, allowing any stakeholder to voice concerns regarding the existence of a human rights, environmental or governance risks. Member States shall ensure that large undertakings are enabled to provide for such a mechanism through collaborative arrangements with other undertakings or organisations. Member States shall encourage small and medium- sized undertakings to join such collaborative arrangements.
Amendment 640 #
2. Grievance mechanisms shall be legitimate, accessible, predictable, safe, equitable, transparent, rights-compatible and adaptable as set out in the effectiveness criteria for non-judicial grievance mechanisms in Principle 31 of the United Nations Guiding Principles on Business and Human Rights. They shall provide for anonymous and/or confidential complaints.
Amendment 680 #
Motion for a resolution
Article 12 – point 1
Article 12 – point 1
Amendment 694 #
Motion for a resolution
Article 13 – point 2
Article 13 – point 2
2. Member States shall ensure that stakeholders, particularly trade unions or workers' representative or workers themselves, have the right to participate in the definition of sectoral due diligence action plans.
Amendment 724 #
Motion for a resolution
Article 15 – point 6
Article 15 – point 6
6. Member States shall ensure that if the failure to comply with this Directive could lead to irreparable harm, a competent authority may order the adoption of interim measures by the undertaking concerned, or order the temporary suspension of activities.
Amendment 739 #
Motion for a resolution
Article 16 – point 1
Article 16 – point 1
1. In order to create clarity and certainty for undertakings, in particular small, medium-sized and micro undertakings, as well as ensure consistency among their practices, the Commission, in consultation with Member States and the OECD, and with the assistance of the Fundamental Rights Agency, the European Environment Agency and the European Agency for Small and Medium Enterprises, shall publish general non-binding guidelines for undertakings on how best to fulfil the due diligence obligations set out in this Directive. Those guidelines shall provide practical guidance on how proportionality may be applied to due diligence obligations depending on the size and sector of the undertaking. The guidelines shall be made available no later than 18 months after the date of entry into force of this directive.
Amendment 754 #
Motion for a resolution
Article 17
Article 17
Amendment 776 #
Motion for a resolution
Article 19 – title
Article 19 – title
Amendment 780 #
Motion for a resolution
Article 19 – point 1
Article 19 – point 1
1. Member States shall provide for penaltieroportionate sanctions applicable to infringements of the national provisions adopted in accordance with this Directive and shall take all the measures necessary to ensure that those penaltiesanctions are enforced. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 782 #
Motion for a resolution
Article 19 – point 2
Article 19 – point 2