53 Amendments of Lara WOLTERS related to 2020/2129(INL)
Amendment 7 #
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the OECD Due Diligence Guidance for Responsible Corporate Lending and Securities Underwriting,
Amendment 10 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the 2018 IPCC Special report on 1.5 degrees,1a _________________ 1a https://www.ipcc.ch/2018/10/08/summary- for-policymakers-of-ipcc-special-report- on-global-warming-of-1-5c-approved-by- governments/
Amendment 11 #
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
- having regard to the proposal for a regulation of the European Parliament and of the Council establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (‘The European Climate Law’),1b _________________ 1b COM(2020)0080
Amendment 12 #
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
- having regard to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006,
Amendment 20 #
Motion for a resolution
Citation 31 a (new)
Citation 31 a (new)
- having regard to the Children’s Rights and Business Principles, developed by UNICEF, the UN Global Compact and Save the Children1a, _________________ 1a http://childrenandbusiness.org/
Amendment 23 #
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
- having regard to the European added value assessment on Corporate Due Diligence and Corporate Accountability by the European Parliament Research Service,
Amendment 25 #
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
- having regard to the opinion of the European Economic and Social Committee on “Mandatory due diligence”,
Amendment 26 #
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
- having regard to the study commissioned by Policy Department C: Corporate social responsibility (CSR) and its implementation into EU Company law,
Amendment 27 #
Motion for a resolution
Citation 34 d (new)
Citation 34 d (new)
- having regard to the publication 'Business and human rights – access to remedy' by the Fundamental Rights Agency,
Amendment 47 #
Motion for a resolution
Recital E
Recital E
E. Whereas this alarming situation has prompted a debate as to how to make businesses more responsive to the adverse impacts they cause or contribute to or are directly linked to; ;
Amendment 58 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas businesses have in general limited awareness of the range of impacts they have on children’s rights in their operations and supply chains and the potentially life-changing consequences these can have for children.
Amendment 90 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the scope of any future mandatory EU due diligence framework should be broad and cover all 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; recalls that the framework should also include companies which are established outside the EU but are active on the internal market;
Amendment 105 #
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, especially the Paris Agreement on Climate Change and its goals to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and pursue efforts to limit the temperature increase to 1, 5°C above pre-industrial levels;
Amendment 112 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Highlights that the obligations of the Paris Agreement imply for all sectors of the EU economy to become greenhouse gas neutral by 2050 at the latest and that companies therefore have to adjust their operations towards a path to individual carbon neutrality;
Amendment 139 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that company-level grievance mechanisms can provide effective early-stage recourse, provided they are legitimate, accessible, predictable, equitable, transparent and human rights- compatible, human rights- compatible and protect against retaliation; highlights that state-based non-judicial grievance mechanisms such as National Contact Points for Responsible Business Conduct can also play a role in ensuring access to remedy;
Amendment 171 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that victims of business- related adverse impacts are often not 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 operating in the EU should be allowed to choose the law of a legal system with high human rights standards, which could be that of the place where the defendant undertaking is domiciled;
Amendment 191 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 3
Annex I – part 1 – paragraph 9 – point 3
3. This framework was followed by the UN Human Rights Council’s endorsement in 2011 of the “Guiding Principles on Business and Human Rights” (UNGPs). The UNGPs introduced the first global standard for “due diligence” and enabled companies to put their responsibility to respect human rights into practice. Subsequently, other international organisations developed due diligence standards based on the UNGPs. The 2011 OECD Guidelines for Multinational Enterprises refer extensively to due diligence and the OECD has developed guidance to help enterprises carry out due diligence in specific sectors and supply chains. In 2018, the OECD adopted general Due Diligence Guidance for Responsible Business Conduct. Similarly, the International Labour Organisation (ILO) adopted in 2017 the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy, which encourages enterprises to put in place due diligence mechanisms to identify, prevent, mitigate and account for the manner in which they address their business’s actual and potential adverse impacts as regards internationally recognized human rights. The 2012 United Nations Global Compact, Save the Children and UNICEF Children’s Rights and Business Principles identify key children’s rights considerations relating to adverse business impact and UNICEF has developed a series of guidance documents supporting business due diligence and children. The 2013 UN Committee on the Rights of the Child General Comment No. 16 identifies a comprehensive range of State obligations regarding the impact of the business sector on children’s rights, including States requiring businesses to undertake child-rights due diligence.
Amendment 256 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 14
Annex I – part 1 – paragraph 9 – point 14
14. A degree of proportionality is built into the due diligence process, as this process is contingent on the risks a company is exposed to, the sector of activity, the size of an undertaking, the context of its operations, its business model, its position in the value chain and the nature of its products and services. This would imply that many small and medium-size undertakings and micro- enterprises may need less extensive and formalised due diligence processes. An undertaking that, after carrying out a risk assessment, concludes that it does not identify any risks in its business relationships, would only need to fill in and communicate a statement, together with its risk assessment, which should in any case be reviewed in case of changes to the undertakings’ operations, business relationship or operating context. Micro- enterprises in most sectors tend to encounter low risks in their business relationships and, consequently, it is considered appropriate to allow Member States to decide whether micro-enterprises should be exempted from the application of the requirements in this Directive.
Amendment 293 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 21 a (new)
Annex I – part 1 – paragraph 9 – point 21 a (new)
21a. Business impacts on the full spectrum of rights defined in the UN Convention Rights of the Child and other relevant international standards. Childhood is a unique period of physical, mental, emotional and spiritual development and violations of children’s rights, such as exposure to violence or abuse, child labour, inappropriate marketing, or unsafe products or environmental hazards, may have lifelong, irreversible and even transgenerational consequences. Mechanisms for corporate due diligence and corporate accountability designed without visibility given to children’s considerations risk being ineffective in protecting their rights.
Amendment 303 #
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 and climate 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.
Amendment 322 #
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 opt decision to disengage from a supplier or other business relationship could be a last resort. Any decision, the companyo disengage should also consider the potential adverse impacts of that decision and take appropriate measures to address them.
Amendment 334 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 27
Annex I – part 1 – paragraph 9 – point 27
27. The concept of stakeholder should be broadly interpreted and include all persons whose rights and interests may be affected by the decisions of the company, which includes, but is not limited to, workers, local communities, children, indigenous peoples, citizens’ associations and shareholders, and organisations whose statutory purpose is to ensure that human and social rights, environmental and good governance standards are respected, such as trade unions and civil society organisations.
Amendment 335 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 27
Annex I – part 1 – paragraph 9 – point 27
27. The concept of stakeholder should be broadly interpreted and include all persons whose rights and interests may be affected by the decisions of the company, which includes, but is not limited to, workers, local communities, indigenous peoples, citizens’ associations and shareholders, and organisations whose statutory purpose is to ensure that human and social rights, climate, environmental and good governance standards are respected, such as trade unions and civil society organisations.
Amendment 339 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 29
Annex I – part 1 – paragraph 9 – point 29
29. Complaint procedures should ensure that the anonymity, safety, and physical and legal integrity of whistle-blowers is protectedall complainants is protected. In particular, those procedures need to protect whistle- blowers, in line with Directive (EU) 2019/1937 of the European Parliament and of the Council and human right defenders.
Amendment 350 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 30 a (new)
Annex I – part 1 – paragraph 9 – point 30 a (new)
30a. The development of innovative information technologies (e.g. blockchain), which allow all data to be traced, should be encouraged in order to minimise administrative costs and avoid redundancies for undertakings performing due diligence.
Amendment 356 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 31 a (new)
Annex I – part 1 – paragraph 9 – point 31 a (new)
Amendment 358 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 32
Annex I – part 1 – paragraph 9 – point 32
32. Coordination of undertakings’ due diligence efforts atnd voluntary collaborative actions at sectoral or cross- sectoral level could enhance the consistency and effectiveness of their due diligence strategies. To this end, this Directive provides that Member States could encourage the adoption of due diligence action plans at sectoral level. To avoid stakeholders’ views being ignored, the Directive requires that stakeholders participate in the definition of these plans.
Amendment 365 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 33
Annex I – part 1 – paragraph 9 – point 33
33. In order to be effective, a due diligence framework should include grievance mechanisms at company or sector level and in order to ensure that such mechanisms are effective the participation of stakeholders should be ensured. . Those mechanisms should allow stakeholders to raise concerns and should function as early-warning risk-awareness systems. Grievance mechanisms should be entitled to make suggestions as to how risks should be addressed by the undertaking. They should also be entitled to propose an appropriate remedy when it is brought to their attention that the undertaking has caused or contributed to harm. They should include a commitment to cooperate in good faith with relevant non-judicial grievance mechanisms such as National Contact Points for Responsible Business Conduct.
Amendment 383 #
Motion for a resolution
Annex I – part 1 – paragraph 9 – point 38 a (new)
Annex I – part 1 – paragraph 9 – point 38 a (new)
38a. When presenting legislation for overarching and mandatory due diligence, the Commission should ensure that fragmentation due to different civil liability regimes in the Member States is avoided.
Amendment 398 #
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, including trade union and workers’ rights, the environment and good governance in their activities and those of theirprevent and mitigate adverse impacts directly linked to their operations, products or services by a business relationships.
Amendment 416 #
Motion for a resolution
Article 1 – point 2
Article 1 – point 2
2. This Directive further aims to ensure that undertakings can be held accountable for their adverse human rights, environmental and governance impacts throughout their value chainat hey cause or contribute to throughout their value chain and aims to ensure victims’ access to remedy for harm.
Amendment 420 #
Motion for a resolution
Article 1 – point 3 – introductory part
Article 1 – point 3 – introductory part
3. This Directive shall apply without prejudice to further due diligence requirements established in Union sector- specific legislation, in particular Regulation (EU) No 995/20108 and Regulation (EU) 2017/8219 and other future sector-specific legislation that may be developed. _________________ 8Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market Text with EEA relevance (OJ L 295, 12.11.2010, p. 23). 9 Regulation (EU) 2017/821 of the European Parliament and of the Council of 17 May 2017 laying down supply chain due diligence obligations for Union importers of tin, tantalum and tungsten, their ores, and gold originating from conflict-affected and high-risk areas (OJ L 130, 19.5.2017, p. 1).
Amendment 428 #
Motion for a resolution
Article 1 – point 5
Article 1 – point 5
5. The implementation of this Directive shall in no way constitute grounds for justifying a reduction in the general level of protection of human rights or the environment. In particular, it shall be applied without prejudice to other existing subcontracting, posting or chain liability frameworks established at national, European and international level..
Amendment 457 #
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 remediating the risks posed to human rights, including social, trade union and labour rights, the environment, including through climate change, and to governance, both by its own operations and by those of its business relationships.
Amendment 467 #
Motion for a resolution
Article 3 – paragraph 1 – indent 2
Article 3 – paragraph 1 – indent 2
- ‘stakeholders’ means individuals and groups of individuals whose rights or interests may be affected by the human rights, environmental and good governance risks posed by an undertaking or its business relationships, as well as organisations whose statutory purpose is the defence of human rights, including social and labour rights, the environment and good governance, and includes but is not limited to workers and their representatives, local communities, children, indigenous peoples, citizens’ associations, trade unions, civil society organisations and the undertakings’ shareholders.
Amendment 495 #
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 the Tripartite of principles concerning multinational enterprises and social policy (MNE declaration) and a number of ILO Conventions, such as freedom of association, collective bargaining, 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 500 #
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, caused by greenhouse gas emissions that lead to a global warming of more than 1,5°C above pre-industrial levels, adverse impacts on the sustainable use of natural resources, and biodiversity and ecosystems. These risks include climate change, air and all its consequences, air, soil and water pollution, deforestation, loss in biodiversity, and greenhouse emissions. .
Amendment 511 #
Motion for a resolution
Article 3 – paragraph 1 – indent 10 a (new)
Article 3 – paragraph 1 – indent 10 a (new)
- ‘control’ means the possibility of exercising decisive influence on an undertaking, in particular by ownership or the right to use all or part of the assets of an undertaking, or by rights or contracts which confer decisive influence on the composition, voting or decisions of the organs of an undertaking.
Amendment 529 #
Motion for a resolution
Article 4 – point 3
Article 4 – point 3
3. If an undertaking concludes that it doeis not cause or contribute todirectly linked to any risks, it shall publish a statement into that senseeffect, including its risk assessment containing the relevant data and information that led to its conclusion, which shall be reviewed in the event that new risks emerge or in the event of the undertaking entering into new business relationships that can pose risks.
Amendment 531 #
Motion for a resolution
Article 4 – point 4 – introductory part
Article 4 – point 4 – introductory part
4. If an undertaking identifies risks, it shall establish and ensure the implementation of an effective due diligence strategy. The due diligence strategy shall:
Amendment 545 #
Motion for a resolution
Article 4 – point 4 – point iv
Article 4 – point 4 – point iv
(iv) set up a prioritisation policy in line with article 17 of the UN Guiding Principles on Business and Human Rights for cases in which the undertaking is not in a position to deal with all the risks at the same time. Undertakings shall consider the level of severity and urgency of the different risks present, the scope of the risks, their scale and how irremediable they might be, and if necessary, use the prioritisation policy in dealing with these;
Amendment 583 #
Motion for a resolution
Article 5 – point 5
Article 5 – point 5
5. Workers or their representatives shall be informed and consulted on the due diligence strategy of their undertaking in accordance with Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community, Directive 2009/38/EC on the establishment of a European Works Council and, Council Directive 2001/86/EC supplementing the Statute for a European undertaking with regard to the involvement of employees, the right to bargain collectively recognised in particular by ILO Conventions 87, 98 and 154, the Council of Europe European Convention of Human Rights and European Social Charter, and the decisions of the ILO Committee on Freedom of Association, the Committee of Experts on Application of Conventions and Recommendations (CEACR) and the Council of Europe European Committee of Social Rights (ECSR).
Amendment 608 #
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 that platform their due diligence strategies or the statement, including its risk assessment referred to in Article 4(3).
Amendment 615 #
Motion for a resolution
Article 7 – paragraph 1
Article 7 – paragraph 1
This Directive is without prejudice to the obligations imposed on certain undertakings by Directive 2013/34/EU to include in their management report a non- financial statement including a description of the policies pursued by the undertaking in relation to, as a minimum, climate, environmental, social and employee matters, respect for human rights, anti- corruption and bribery matters, and the due diligence processes implemented.
Amendment 639 #
Motion for a resolution
Article 9 – point 2
Article 9 – point 2
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 and the United Nations CRC General Comment No 16. They shall provide for anonymous complaints.
Amendment 655 #
Motion for a resolution
Article 9 – point 6 a (new)
Article 9 – point 6 a (new)
6a. Companies should cooperate in good faith with effective non-judicial grievance mechanisms, such as National Contact Points for Responsible Business Conduct, particularly when no remedy could be achieved through Operation Level Grievance Mechanism.
Amendment 661 #
Motion for a resolution
Article 10 – point 1
Article 10 – point 1
1. Member States shall ensure that when an undertaking identifies, in particular through its grievance mechanism, that it has caused or contributed or is directly linked to harm, it provides for or cooperates with- remediation.
Amendment 667 #
Motion for a resolution
Article 10 – point 5
Article 10 – point 5
5. Member States shall ensure that proposal of a remedy by an undertaking does not prevent affected stakeholders from bringing civil or criminal proceedings in accordance with national law.
Amendment 684 #
Motion for a resolution
Article 12 – point 2
Article 12 – point 2
2. Large undertakings shall set up an advisory committee tasked with advising the governing body of the undertakings on due diligence matters and propose measures to cease, monitor, disclose, address, prevent and mitigate risks. Advisory committees shall include trade union and worker representatives, other stakeholders and experts in their composition.
Amendment 702 #
Motion for a resolution
Article 15 – point 1
Article 15 – point 1
1. Member State competent authorities shall have the power to carry out investigations to ensure that undertakings comply with the obligations set out in this Directive, including undertakings which have stated that they are not directly linked to any risks. Competent authorities shall be authorised to carry out checks on undertakings and interviews with affected or potentially affected stakeholders or their representatives.
Amendment 747 #
Motion for a resolution
Article 16 – point 3
Article 16 – point 3
3. In preparing the non-binding guidelines referred to in paragraphs 1 and 2 above, due account shall be taken of the United Nations Guiding Principles on Business and Human Rights, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises, the OECD Guidance for Responsible Mineral Supply Chains, the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear sector, the OECD guidance for Responsible Business Conduct for Institutional Investors, and the OECD-FAO Guidance for Responsible Agricultural Supply Chains, the United National Committee on the Rights of the Child General Comment 16 on State obligations regarding the impact of the business sector on children’s rights and the UNICEF Children’s Rights and Business Principles.
Amendment 750 #
Motion for a resolution
Article 16 – point 3
Article 16 – point 3
3. In preparing the non-binding guidelines referred to in paragraphs 1 and 2 above, due account shall be taken of the United Nations Guiding Principles on Business and Human Rights, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the OECD Due Diligence Guidance for Responsible Business Conduct, the OECD Guidelines for Multinational Enterprises, the OECD Guidance for Responsible Mineral Supply Chains, the OECD Due Diligence Guidance for Responsible Supply Chains in the Garment and Footwear sector, the OECD guidance for Responsible Business Conduct for Institutional Investors, the OECD Due Diligence for Responsible Corporate Lending and Securities Underwriting and the OECD-FAO Guidance for Responsible Agricultural Supply Chains.
Amendment 787 #
Motion for a resolution
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The fact that an undertaking has carried out due diligence in compliance with the requirements set out in this Directive shall not absolve the undertaking of any civil liability which it may incur pursuant to national law. 2. Member States shall ensure that undertakings can be held liable for harm caused by companies under their control where they have, in the course of business, committed violations of internationally recognized human rights or international environmental standards. 3. Undertakings shall not be held liable however if they can prove that they took all due care to avoid the harm, or that the harm would have occurred even if all due care had been taken. 4. Member States shall ensure that their civil liability regimes include reasonable limitation periods.