Activities of Sergio BERLATO related to 2022/0051(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937
Amendments (17)
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
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 entities with whom the company has an established business relationship and
Amendment 126 #
Proposal for a directive
Article 1 – paragraph 1 – subparagraph 2
Article 1 – paragraph 1 – subparagraph 2
The nature of business relationships as ‘established’ shall be reassessed periodically, and at least every 12 monthsonly in the event of changes along the supply chain in the reference year.
Amendment 134 #
Proposal for a directive
Article 2 – paragraph 1 – introductory part
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to companies which are formed in accordance with the legislation of a Member State and which, operate outside the EU and fulfil one of the following conditions:
Amendment 140 #
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 worldwide turnover of more than EUR 150 million in the Union in the last financial year for which annual financial statements have been prepared;
Amendment 148 #
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 worldwide 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 157 #
Proposal for a directive
Article 2 – paragraph 1 – point b – point ii
Article 2 – paragraph 1 – point b – point ii
(ii) agriculture, forestry, fisheries (including aquaculture)forestry, the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages;
Amendment 211 #
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 relationships of the company. As regards companies within the meaning of point (a)(iv), ‘value 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 345 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States, organisations representing SMEs, business organisations and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and, where appropriate, with international bodies having expertise in due diligence, mayust issue guidelines, including for specific sectors or specific adverse impacts.
Amendment 356 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Without prejudice to applicable State aid rules, Member States may provide financial and digitaly support to SMEs.
Amendment 412 #
Proposal for a directive
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
No later than … [OP please insert the date = 7 years after the date of entry into force of this Directive2 years after the transposition of this Directive into national law], the Commission shall submit a report to the European Parliament and to the Council on the implementation of this Directive. The report shall evaluate the effectiveness of this Directive in reaching its objectives and assess the following issues:
Amendment 415 #
Proposal for a directive
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) whetherreview the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be lowered;
Amendment 424 #
Proposal for a directive
Article 29 – paragraph 1 – point d
Article 29 – paragraph 1 – point d
Amendment 429 #
(da) impacts on SMEs;
Amendment 430 #
Proposal for a directive
Article 29 – paragraph 1 – subparagraph 1 (new)
Article 29 – paragraph 1 – subparagraph 1 (new)
(e) the availability of the means of support;
Amendment 432 #
Proposal for a directive
Article 29 – paragraph 1 a (new)
Article 29 – paragraph 1 a (new)
(f) the guidelines;
Amendment 433 #
Proposal for a directive
Article 29 – paragraph 1 b (new)
Article 29 – paragraph 1 b (new)
(g) the terms of the model contract;
Amendment 434 #
Proposal for a directive
Article 29 – paragraph 1 c (new)
Article 29 – paragraph 1 c (new)
(h) other flanking measures;