Procedure completed
2013/2126(INI) Promoting development through responsible business practices, including the role of extractive industries in developing countries
Lead committee dossier: DEVE/7/13164
Legal Basis RoP 048
Role | Committee | Rapporteur | Shadows |
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Lead | DEVE | SARGENTINI Judith (Verts/ALE) | BOULLAND Philippe (EPP), CASHMAN Michael (S&D), GOERENS Charles (ALDE), HALL Fiona (ALDE), GUSTAFSSON Mikael (GUE/NGL) |
Legal Basis RoP 048
Activites
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2014/02/26
Decision by Parliament, 1st reading/single reading
- T7-0163/2014
- 2014/02/19 Committee report tabled for plenary, single reading
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2014/02/11
Vote in committee, 1st reading/single reading
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2013/07/04
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Decision by Parliament, 1st reading/single reading: T7-0163/2014
- Committee report tabled for plenary, single reading: A7-0132/2014
Amendments | Dossier |
77 |
2013/2126(INI)
2014/01/20
DEVE
77 amendments...
Amendment 1 #
Motion for a resolution Citation 6 a (new) - having regard to the EITI international transparency standard, which requires governments to publish details of their revenue from natural resources;
Amendment 10 #
Motion for a resolution Recital F a (new) Fa. whereas the extractive industries foster the development of high- technology, innovative sectors and offer solutions in the areas of resource and energy efficiency, ecodesign, performance enhancement, recycling and the circular economy which can benefit both developing and developed countries;
Amendment 11 #
Motion for a resolution Recital F a (new) Fa. whereas the Africa Mining Vision offers a framework for integrating the sector more coherently and firmly into the continent’s economy and society;
Amendment 12 #
Motion for a resolution Recital G G. whereas there are reports of human rights abuses
Amendment 13 #
Motion for a resolution Recital H H. whereas forced labour, and the denial of trade union and collective bargaining rights
Amendment 14 #
Motion for a resolution Recital K K. whereas
Amendment 15 #
Motion for a resolution Recital K K. whereas in order to increase efficiency and achieve equity in the field of CSR, a
Amendment 16 #
Motion for a resolution Recital L L. whereas greenwashing - projecting an image of supposedly positive environmental action in order to deceive the public and draw attention away from practices harmful to the environment - misleads consumers, the general public and regulators regarding environmental performance and undermines the pursuit of responsible business conduct and for these reasons must be combatted; whereas more generally companies using CSR as a marketing tool must ensure that any claims made are accurate;
Amendment 17 #
Motion for a resolution Recital L a (new) La. whereas the implementation of EITI is meant to increase transparency in revenue management, with the aim to reduce the potential for corruption and enable equitable benefit-sharing;
Amendment 18 #
Motion for a resolution Recital M M. whereas most African countries have in the past two decades carried out
Amendment 19 #
Motion for a resolution Recital M M. whereas
Amendment 2 #
Motion for a resolution Citation 7 a (new) - having regard to the G20 final declaration published on 6 September 2013, in which the world's leaders express support for the Extractive Industries Transparency Initiative (EITI);
Amendment 20 #
Motion for a resolution Recital M a (new) Ma. whereas the Addis Ababa Declaration on Development and Management of Africa’s Mineral Resources urges African countries to ensure that EPAs and overall WTO negotiations do not limit national development policy, and do avoid the ‘lock-in effect’ of trade liberalisation, which has accentuated the commodity dependence of low-income African countries;
Amendment 21 #
Motion for a resolution Recital M b (new) Mb. whereas since the World Bank-led mining reforms of the 1980s, Latin America is showing a new move towards strengthening the role of state institutions, focusing on national priorities and economic development objectives;
Amendment 22 #
Motion for a resolution Recital N N. whereas export taxes are widely
Amendment 23 #
Motion for a resolution Recital R R. whereas although welcome, voluntary efforts by companies to avoid sourcing conflict minerals have not always been effective;
Amendment 24 #
Motion for a resolution Recital R a (new) Ra. whereas Section 1502 of the 2010 US Dodd Frank Act requires companies listed with the Securities and Exchange Commission (SEC), including European firms, to carry out due diligence to determine whether their products contain minerals that have funded armed groups in DRC; and whereas in an accompanying ruling, the SEC referenced the OECD Guidance as a credible due diligence standard for companies implementing the law;
Amendment 25 #
Motion for a resolution Paragraph 1 1. Notes with concern that non-sustainable mining can have huge negative environmental and social impacts, especially in Africa;
Amendment 26 #
Motion for a resolution Paragraph 2 2. Stresses that the global commodity price boom, fuelled by demand from emerging economies, offers a great opportunity for resource-rich developing countries, especially in Africa, to raise revenue and channel it into development, in the interest of their peoples; supports national policies aiming at this; points out that legislative and regulatory reforms are often crucial and stresses that the
Amendment 27 #
Motion for a resolution Paragraph 5 5. Emphasises the need for
Amendment 28 #
Motion for a resolution Paragraph 6 6.
Amendment 29 #
Motion for a resolution Paragraph 7 7. Stresses, in line with the principle of ownership, that local communities should
Amendment 3 #
Motion for a resolution Recital A A. whereas for many developing countries
Amendment 30 #
Motion for a resolution Paragraph 7 a (new) 7a. Finds essential to recognize and secure the traditional rights and cultures of indigenous people in EI development and to ensure their prior and informed participation;
Amendment 31 #
Motion for a resolution Paragraph 8 a (new) 8a. Stresses that, in a context where domestic regulation in developing countries is often inadequate to protect human rights from corporate infractions, the UN Protect, Respect and Remedy Framework offers a comprehensive and useful set of principles for companies’ respect for and protection of human rights;
Amendment 32 #
Motion for a resolution Paragraph 8 b (new) 8b. Calls for the effective implementation of the African Charter on Human Rights, which includes provisions regarding the destruction of wealth and natural resources and principles for adequate compensation;
Amendment 33 #
Motion for a resolution Paragraph 8 c (new) 8c. Calls on developing countries to ratify human rights conventions and instruments relevant to the mineral sector and implement them, inter alia by empowering public human rights institutions to monitor enforcement of human rights standards with respect to mining and by developing tools and methodologies for mainstreaming health and human rights issues into impact assessment procedures;
Amendment 34 #
Motion for a resolution Paragraph 9 9. Notes with concern that according to John Ruggie, the UN Special Rapporteur on Human Rights, about two-thirds of corporate human rights abuses come from the oil, gas and mining sectors; stresses that EU Member States and the international community have a duty under international and European human rights law to ensure that those companies operating within their jurisdiction are not causing or contributing to human rights abuses, directly or indirectly, through their business activities;
Amendment 35 #
Motion for a resolution Paragraph 11 11. Calls on EU Member States to increase their assistance to combat
Amendment 36 #
Motion for a resolution Paragraph 12 12. Welcomes the fact that international finance institutions have developed methods to ensure that mineral investors carry out Environmental Impact Assessment (EIAs) and Social Impact Assessment (SIAs); notes, however, that building capacity in developing countries to enforce these requirements remains a challenge, in view of financial and human resource constraints; calls, therefore, on the EU to upgrade its technical assistance so as to enable developing countries to institute the practice of systematic assessment of health, social and environmental risks, with provisions for effective public participation;
Amendment 37 #
Motion for a resolution Paragraph 12 a (new) 12a. Emphasises the role played by the World Bank Group in developing responsible business practices; draws attention to the need to improve the way knowledge about the establishment of institutions which place greater emphasis on integrity is shared and applied and to make information and resources available to ordinary people, so that their governments are forced to be more effective and to take greater account of their needs;
Amendment 38 #
Motion for a resolution Paragraph 12 a (new) 12a. Calls on authorities to ban mineral exploration and exploitation in national parks and World Heritage Sites;
Amendment 39 #
Motion for a resolution Paragraph 13 13. Believes that the mining industry could and should make valuable contributions to climate change mitigation through technology transfer and responsible investment; stresses, in particular, that large-scale mining companies can potentially provide the know-how for emission mitigation in the small and medium-sized mining sector; reiterates its call on the EU to seek agreements on climate financing, technology transfer and capacity building and to upgrade its assistance to developing countries for CO2 emission reduction;
Amendment 4 #
Motion for a resolution Recital B B. whereas Africa has some of the world's largest mineral reserves, and whereas the profits from the mining of Africa's mineral resources should be used to meet the MDGs, eradicate poverty and achieve rapid and broad-based socioeconomic development and growth; whereas, however, African countries still need to develop and implement coherent strategies to turn exploitation of natural resources into a motor for economic development and diversification of their economies;
Amendment 40 #
Motion for a resolution Paragraph 15 15. Calls for the effective implementation of the ILO Declaration on Fundamental Principles and Rights at Work, the OECD Guidelines for Multinational Enterprises (MNEs), the UN Global Compact (UNGC) and the UN Guiding Principles on Business and Human Rights (UNGP) through
Amendment 41 #
Motion for a resolution Paragraph 15 a (new) 15a. Calls on the EEAS and Commission to ensure that EU trade officers, if based in EU delegations, are given regular training on CSR issues;
Amendment 42 #
Motion for a resolution Paragraph 15 b (new) 15b. Calls on the Commission to actively promote responsible business conduct among EU companies operating abroad, ensuring strict compliance with all legal obligations, in particular with international standards and rules in the field of human rights, labour and the environment;
Amendment 43 #
Motion for a resolution Paragraph 16 16. Stresses that the thematic scope of different CSR implementation schemes is often selective
Amendment 44 #
Motion for a resolution Paragraph 16 16. Stresses that the thematic scope of
Amendment 45 #
Motion for a resolution Paragraph 18 18. Calls on the EU to use its trade and investment relations with key partner countries (e.g. US, China, Japan, Brazil and India) to foster a dialogue on CSR; urges also the EU to conduct sustainability impact assessments of proposed trade agreements before entering the negotiation phase; calls for
Amendment 46 #
Motion for a resolution Paragraph 18 18. Calls on the EU to use its trade and investment relations with key partner countries (e.g. US, China, Japan, Brazil and India) to foster a dialogue on CSR; urges also the EU to conduct
Amendment 47 #
Motion for a resolution Paragraph 19 19. Notes that the current international trade and investment regime may constrain
Amendment 48 #
Motion for a resolution Paragraph 20 20.
Amendment 49 #
Motion for a resolution Paragraph 21 21. Shares the
Amendment 5 #
Motion for a resolution Recital B a (new) Ba. whereas, if the revenues they generate are managed properly and transparently, natural resources can be significant drivers of economic growth and social development;
Amendment 50 #
Motion for a resolution Paragraph 22 22.
Amendment 51 #
Motion for a resolution Paragraph 23 a (new) 23a. Encourages African countries to progress in their efforts of regional integration so as to remove some of the intra-African barriers to mineral-based industrialisation;
Amendment 52 #
Motion for a resolution Paragraph 24 Amendment 53 #
Motion for a resolution Paragraph 25 25. Urges the EU to assist developing countries in negotiating investment agreements that will yield sustainable social benefits and improved socioeconomic conditions; points out that
Amendment 54 #
Motion for a resolution Paragraph 26 26. Stresses the need to negotiate and implement tax treaties with developing countries to ensure that multinational enterprises pay their fair share of taxes; calls, more broadly, on the EU to enhance support for assisting developing countries in tax reforms and strengthening tax administrations, so as to enable adequate capture, management and sharing of mineral revenue, and to
Amendment 55 #
Motion for a resolution Paragraph 26 26. Stresses the need to negotiate and implement tax treaties with developing countries to ensure that multinational enterprises pay their fair share of taxes; calls, more broadly, on the EU to enhance support for assisting developing countries in tax reforms and strengthening tax administrations, so as to enable adequate capture, management and sharing of
Amendment 56 #
Motion for a resolution Paragraph 28 28. Is concerned about the way concessions can be granted to mining companies and the problems this can cause, including expropriation, deprivation of people’s livelihoods and problems concerning user rights and land rights; urges authorities to demarcate ‘no-go areas’ for concessions in areas that are environmentally protected by law or that have a high concentration of artisanal miners, and to do this before granting concessions so as to avoid unnecessary unrest and problems with local communities and mining companies; calls as well on authorities to create capacity to organise consultations with local communities, properly assess the concession request, monitor the site and assess the impact of the mining before granting concessions; calls on authorities to ensure that artisanal mining concessions are formalised and duly recognised by states, including in cases where states are moving towards industrial mining;
Amendment 57 #
Motion for a resolution Paragraph 28 a (new) 28a. Welcomes the recent revision of the Transparency and Accounting Directives which introduces reporting obligations on payments to governments for the extractives and logging industries; urges the Member States to implement these directives rapidly; calls for the revenue data collected to be available in as open and accessible a format as possible;
Amendment 58 #
Motion for a resolution Paragraph 29 29. Calls on authorities to ensure that mining licences and other assets are sold or granted through open and transparent bidding processes; calls on authorities to publish contracts, including annexes, maps and all financial details, as a means of preventing corruption; calls on authorities and the companies concerned to produce a full list of shareholders of all mining companies, particularly for any new deals, and a full list of those benefiting systematically from these deals, as a means of preventing corruption; calls on authorities and companies to ensure all payments to government are published in a widely accessible manner; calls on the EU to require extractives companies listed in Europe to publish any contracts agreed to;
Amendment 59 #
Motion for a resolution Paragraph 30 30. Calls on authorities to investigate serious allegations of corruption in the mining sector and to prosecute, freeze funds or refuse to allow transactions to proceed where appropriate; calls for assessments of corruption risks to include looking at the process of asset confiscation, and the resale of confiscated assets, the involvement of individuals or companies as intermediaries in ‘flipping concessions’ (particularly where these intermediaries have known relationships with the governing authorities), and the sale of assets at under-value, and the sale of assets without tender (particularly where the assets are of key economic importance or where tenders are otherwise the norm); calls on authorities to ensure that the end- buyers of these assets are held accountable for the intermediaries they have partnered with;
Amendment 6 #
Motion for a resolution Recital E E. whereas
Amendment 60 #
Motion for a resolution Paragraph 30 30. Calls on authorities to investigate serious allegations of corruption in the mining sector and to prosecute, freeze funds or refuse to allow transactions to proceed where appropriate;
Amendment 61 #
Motion for a resolution Paragraph 31 a (new) 31a. Embraces the Africa Mining Vision according to which an environmentally and socially-responsible, transparent and inclusive mining sector, which provides lasting benefits to communities, is essential for addressing the adverse impacts of the mining sector and to avoid conflicts induced by mineral exploitation; calls in this context for transparent and participatory governance processes, at all levels, to assess the environmental and social impacts of mining;
Amendment 62 #
Motion for a resolution Paragraph 33 33. Points out that most initiatives launched internationally against conflict minerals aim to encourage responsible conduct by industries that buy the minerals, through certification systems for smelters; calls for the inclusion of
Amendment 63 #
Motion for a resolution Paragraph 33 33. Points out that most initiatives launched internationally against conflict minerals aim to encourage responsible conduct by industries that buy the minerals, through certification systems for smelters; calls for
Amendment 64 #
Motion for a resolution Paragraph 33 33. Points out that most initiatives launched internationally against conflict minerals aim to encourage responsible conduct by industries that buy the minerals, through certification systems for smelters; calls for the inclusion of social and environmental aspects in all certification programmes, including by taking into account labour conditions and rights, safety and the health of miners and communities directly affected by mining activities;
Amendment 65 #
Motion for a resolution Paragraph 34 34. Stresses that for current business initiatives on conflict minerals to be effective in breaking the link between armed conflict and mineral exploitation,
Amendment 66 #
Motion for a resolution Paragraph 35 – introductory part 35. Stresses that an EU regulation requiring companies using and trading minerals and other natural resources sourced from conflict-affected and high-risk areas to carry out due diligence in accordance with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas is needed
Amendment 67 #
Motion for a resolution Paragraph 35 – introductory part 35. Stresses that an EU regulation requiring companies using and trading minerals and other natural resources sourced from conflict-affected and high-risk areas to carry out due diligence in accordance with the OECD Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas is needed to complement the
Amendment 68 #
Motion for a resolution Paragraph 35 – point a a. create a
Amendment 69 #
Motion for a resolution Paragraph 35 – point a a. create
Amendment 7 #
Motion for a resolution Recital E E. whereas the benefits of mining for local populations often fail to materialise or are
Amendment 70 #
Motion for a resolution Paragraph 35 – point b b. be based on the relevant international instruments,
Amendment 71 #
Motion for a resolution Paragraph 35 – point c c. apply to
Amendment 72 #
Motion for a resolution Paragraph 35 – point c c. apply to
Amendment 73 #
Motion for a resolution Paragraph 35 – point d d. be founded on a risk-based approach, requiring companies to assess actual and potential adverse impacts arising from their operations on universal human rights, and to mitigate the identified risks;
Amendment 74 #
Motion for a resolution Paragraph 35 – point h Amendment 75 #
Motion for a resolution Paragraph 35 – point h Amendment 76 #
Motion for a resolution Paragraph 38 a (new) 38a. Urges the EEAS to foster a dialogue with key partner countries (e.g. China, Japan, Brazil and India) on the importance of trade policies that respect the principle of ‘duty to protect’ in general, and the UN guiding principles and the OECD framework in particular;
Amendment 77 #
Motion for a resolution Paragraph 38 b (new) 38b. Calls on Member States to provide guidance for European Companies on strategies for mitigating risks when operating in high risk and conflict areas, with a view to help these companies continue their operations in such areas when this is also in the interest of the local population;
Amendment 8 #
Motion for a resolution Recital E a (new) Ea. having regard to the important role played by environmental and social impact assessments in protecting the rights of indigenous peoples in mining areas;
Amendment 9 #
Motion for a resolution Recital E a (new) Ea. whereas in 2008 the World Bank estimated that 90% of the mineral production of the country comes from small-scale miners, that are not registered and work in remote and insecure areas controlled by armed groups;
source: PE-526.436
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