22 Amendments of Jan HUITEMA related to 2022/0051(COD)
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 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 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 401 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify and assess actual and potential adverse human rights impacts and adverseand environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships,direct suppliers, in accordance with paragraph 2, 3 and 4. Where it is not feasible to identify and assess all adverse impacts simultaneously, companies shall prioritise in accordance with paragraph 2, 3 and 4Article 6a.
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 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 8 a (new)
Article 8 a (new)
Article 8a Prioritisation 1. Member States shall ensure that, where Articles 6, 7 and 8 allow companies to prioritise potential or actual adverse impacts connected to their own operations or the operations of their subsidiaries, and operations carried out by entities with which the company has a business relationship, they shall do so solely on the basis of the severity and likelihood of harm and otherwise in accordance with those Articles and this Article 8a. 2. The severity of an adverse impact shall be 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 individuals or the environment to a situation equivalent to their situation prior to the impact.
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 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 635 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan shall adopt a plan in line with Directive 2021/010414a to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impact of, the company’s operations. __________________ 14a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting