29 Amendments of Emma WIESNER related to 2022/0051(COD)
Amendment 258 #
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 and downstream established business relationshippartners 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 value chain of such regulated financial undertakings does not cover SMEs receiving loan, credit, financing, insurance or reinsurance of such entities;
Amendment 274 #
Proposal for a directive
Article 3 – paragraph 1 – point o
Article 3 – paragraph 1 – point o
Amendment 278 #
Proposal for a directive
Article 3 – paragraph 1 – point p
Article 3 – paragraph 1 – point p
Amendment 291 #
Proposal for a directive
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) generated a net turnover of more than EUR 150 million in the Unionworldwide in the financial year preceding the last financial year;
Amendment 297 #
Proposal for a directive
Article 2 – paragraph 2 – point b
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 Unionworldwide 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).
Amendment 311 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their valuesupply chains, fromthose of their established business relationshippartners, in accordance with paragraph 2, 3 and 4.
Amendment 318 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. For the purpose of fulfilling the obligation in paragraph 1, companies may map all areas of their own operations, those of their subsidiaries and, where related to their supply chains, those of their established business partners. Based on the results of that mapping, companies may carry out an in-depth assessment of the areas where adverse impacts were identified to be most likely to be present or most significant.
Amendment 320 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
Amendment 323 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point i
Article 3 – paragraph 1 – point e – point i
Amendment 323 #
Proposal for a directive
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Member States shall ensure that companies, when fulfilling the obligation in paragraph 1, are obliged to assess indirect business partners in-depth only when the companies have factual knowledge of actual or potential adverse impacts arising from the activities of the respective indirect business partner.
Amendment 324 #
Proposal for a directive
Article 3 – paragraph 1 – point e – point ii
Article 3 – paragraph 1 – point e – point ii
Amendment 326 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
Amendment 333 #
Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) 'supply chain' means the network of organizations that cooperate to transform raw materials into finished goods and services for consumers.
Amendment 334 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
Amendment 343 #
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
Article 3 – paragraph 1 – point g a (new)
(ga) 'direct supplier' means suppliers that sell a good directly to a company, without any intermediaries.
Amendment 412 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. By way of derogation from paragraph 1, companies referred to in Article 2(1), point (b), and Article 2(2), point (b), shall only be required to identify actual and potential severe adverse impacts relevant to the respective sector mentioned in Article 2(1), point (b). Member States shall ensure that, for the purpose of compliance with paragraph 1, companies shall take appropriate measures to: (a) carry out a broad scoping exercise of the company's operations, subsidiaries and direct suppliers in order to identify areas where the risk of severe adverse impacts is most likely to occur including mapping and prioritising individual higher risk operations, taking into account relevant risk factors; and (b) carry out in-depth assessments of prioritised operations, subsidiaries and direct suppliers in order to determine the nature and extent of specific actual and potential adverse impacts.
Amendment 425 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 426 #
Proposal for a directive
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. Member states shall ensure that companies take appropriate measures to: (a) keep risk assessments up-to-date and reassess impacts at yearly, as appropriate, including prior to major decisions or significant changes in the company's relevant activities, business practices, in response to or in anticipation of significant changes in the operating environment and in response to complaints submitted to the company or its subsidiaries under Article 9. (b) document and make available to relevant supervisory authorities, onto their reasoned request, such risk assessments.
Amendment 427 #
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Article 6a Prioritisation of identified actual and potential impacts 1. Member States shall ensure that companies are allowed to prioritise potential or actual adverse human rights and environmental impacts connected to their own operations or the operations of their subsidiaries and their direct suppliers, pursuant to Article 6, for fulfilling the obligations laid down in Articles 7 or 8. 2. The prioritisation of adverse impacts shall be based on the severity and likelihood of adverse impacts. The severity of an adverse impact shall be determined based on its gravity, the number of individuals that are or will be affected, or the extent of the environment that is or may be damaged or otherwise affected, its irreversibility and any limits on the ability to restore affected individual circumstances or the environment to the situation prior to the adverse impact. 3. The company's degree of influence over the subsidiaries or direct suppliers is not relevant to its prioritisation decisions under this Directive. 4. Once the most significant adverse impacts are addressed in accordance with Articles 7 or 8 in a reasonable time, the company shall be required to address all other adverse impacts.
Amendment 488 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 504 #
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, the corrective action plan shall be developed in consultation with affected stakeholders;
Amendment 543 #
Proposal for a directive
Article 25
Article 25
Amendment 547 #
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerindications 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. The complaint must be factually justified and reasonably documented.
Amendment 549 #
Proposal for a directive
Article 26
Article 26
Amendment 556 #
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable grounds to believe that they mightwill be affected by an adverse impact,
Amendment 561 #
Proposal for a directive
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
(b) trade unions and other workers’ representatives representing individuals working in the valuesupply chain concerned which have legitimate concern,
Amendment 563 #
Proposal for a directive
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 581 #
Proposal for a directive
Article 9 – paragraph 4 – point b
Article 9 – paragraph 4 – point b
Amendment 618 #
Proposal for a directive
Article 15
Article 15