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AM\1215358EN.docx PE658.905v01-00

EN United in diversity EN

European Parliament2019-2024

Committee on Legal Affairs

2020/2129(INL)

9.10.2020

AMENDMENTS401 - 600Draft reportLara Wolters(PE657.191v01-00)

Corporate due diligence and corporate accountability(2020/2129(INL))

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AM_Com_NonLegReport

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Amendment 401Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud

Motion for a resolutionArticle 1 – point 1 – introductory part

Motion for a resolution Amendment

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, the environment and good governance in their activities and those of their business relationships.

1. This Directive is aimed at ensuring that undertakings operating in the internal market fulfil their duty to respect human rights and the environment and do not cause or contribute to risks to human rights and the environment in their activities and those of their business relationships.

Or. fr

Amendment 402Daniel Buda




1. This Directive is aimed at ensuring that undertakings operating in the internal market fulfil their duty to respect human rights and the environment and do not cause or contribute to risks to human rights and the environment in their activities and those of their business relationships.

Or. ro

Amendment 403Liesje Schreinemacher, Adrián Vázquez Lázara


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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, the environment and good governance in their activities and those of their direct suppliers.

Or. en

Amendment 404Jorge Buxadé Villalba




1. This Directive is aimed at ensuring that limited liability undertakings operating in the internal market fulfil their duty to respect the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union, especially the rights of the child and the prohibition of child labour.

Or. es


Motion for a resolutionArticle 1 – point 1 – paragraph 1


To this end, it establishes minimum requirements for undertakings to identify, prevent, cease, mitigate, monitor, disclose, account, address and remediate the

deleted

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human rights, environmental and governance risks that those activities may pose. By coordinating safeguards for the protection of human rights, the environment and good governance, those due diligence requirements are aimed at improving the functioning of the internal market.

Or. es

Amendment 406Manon Aubry



To this end, it establishes minimum requirements for undertakings to identify, prevent, cease, mitigate, monitor, disclose, account, address and remediate the human rights, environmental and governance risks that those activities may pose. By coordinating safeguards for the protection of human rights, the environment and good governance, those due diligence requirements are aimed at improving the functioning of the internal market.

To this end, it establishes minimum requirements for undertakings to identify, assess, prevent, cease, mitigate, monitor, track, communicate, disclose, account for, address and remediate the potential or actual adverse human rights, environmental and governance impacts that their own activities, those of their value chains and other business relationship may pose. By coordinating safeguards for the protection of human rights, the environment and good governance, those due diligence requirements are aimed at improving the functioning of the internal market.

Or. en




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To this end, it establishes minimum requirements for undertakings to identify, prevent and cease the human rights and environmental risks that those activities may pose. By coordinating safeguards for the protection of human rights and the environment, those due diligence requirements are aimed at improving the functioning of the internal market.

Or. fr

Amendment 408Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, József Szájer, Christian Sagartz




To this end, it establishes requirements for undertakings to identify, mitigate and monitor the human rights and environmental risks that those activities may pose. By coordinating safeguards for the protection of human rights and the environment, these due diligence requirements aim at improving the functioning of the internal market.

Or. en

Amendment 409Heidi Hautala


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To this end, it establishes minimum requirements for undertakings to identify, prevent, cease, mitigate, track, monitor, disclose, account, communicate, address and remediate the human rights, environmental and governance risks and impacts that those activities may pose. By coordinating safeguards for the protection of human rights, the environment and good governance, those due diligence requirements are aimed at improving the functioning of the internal market.

Or. en

Amendment 410Pascal Durand, Stéphane Séjourné




This Directive lays down the value chain due diligence obligations of undertakings, namely to identify, prevent, cease, mitigate, monitor, disclose, account, address and remediate the human rights, environmental and governance risks that their activities may pose. By coordinating safeguards for the protection of human rights, the environment and good governance, those due diligence requirements are aimed at improving the functioning of the internal market.

Or. en

Amendment 411Liesje Schreinemacher, Adrián Vázquez Lázara, Karen Melchior


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To this end, it establishes minimum requirements for undertakings to identify, prevent, cease, mitigate, monitor, disclose, account, address and redress the risks for violations of human rights, environmental and governance risks that those activities may pose. By coordinating safeguards for the protection of human rights, the environment and good governance, those due diligence requirements are aimed at improving the functioning of the internal market.

Or. en





To this end, it establishes minimum requirements for undertakings to identify, mitigate and monitor the human rights and environmental risks that those activities may pose. By coordinating safeguards for the protection of human rights and the environment, those due diligence requirements are aimed at improving the functioning of the internal market while helping to prevent and reduce regulatory fragmentation and increasing legal certainty.

Or. ro

Amendment 413Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Enikő Győri, József Szájer

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Motion for a resolutionArticle 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 chain.

deleted

Or. en

Amendment 414Manon Aubry, Charles Goerens, Raphaël Glucksmann, Sirpa Pietikäinen, Helmut Scholz, Aurore Lalucq, Marie Toussaint, Saskia Bricmont, Maria Arena, Heidi Hautala, Anna Cavazzini, Emmanuel Maurel




2. This Directive further aims to ensure that undertakings can be held accountable and liable for the adverse human rights, environmental and governance impacts they cause, contribute or are directly linked to throughout their value chain.

This Directive aims at providing access to justice and access to remedy before the courts of Member States for victims of human rights violations and environmental damages occurring in undertakings’ value chains.

Or. en

Amendment 415Bettina Vollath


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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 chain, insofar as they have caused or contributed to these impacts or have a direct connection to them. It also aims to ensure that victims have access to legal remedies.

Or. de

Amendment 416Lara Wolters




2. This Directive further aims to ensure that undertakings can be held accountable for their adverse human rights, environmental and governance impacts that hey cause or contribute to throughout their value chain and aims to ensure victims’ access to remedy for harm.

Or. en





2. This Directive further aims to make it possible for undertakings to be held accountable in some instances for the adverse fundamental rights impacts of actions that have been under their direct

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and immediate control.

Or. es





2. This Directive further aims to ensure that undertakings can be held accountable for their adverse human rights and environmental impacts throughout their value chain.

Or. fr




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 .

3. This Directive establishes minimum and mandatory cross-sectoral due diligence obligations and requirements for undertakings. It 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 .

_________________ _________________8 Regulation (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,

8 Regulation (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,

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12.11.2010, p. 23). 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).

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).

Or. en




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 .

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.

_________________ _________________8 Regulation (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).

8 Regulation (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).



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Or. en




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.

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, or in the various existing national laws.

_________________ _________________8 Regulation (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).

8 Regulation (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).



Or. es




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In case of insurmountable incompatibility, the sector-specific legislation shall apply.

deleted

Or. en




In case of insurmountable incompatibility, the sector-specific legislation shall apply.

In case of insurmountable incompatibility, the legislation that provides the highest standards of protection with regards to human rights, the environment and governance shall apply.

Companies should first and foremost ensure that they respect their substantive and general due diligence obligation, which is to take all reasonable measures in order to prevent and address human rights, environmental and governance adverse impacts in their value chains.

Or. en




In case of insurmountable incompatibility, the sector-specific legislation should apply.

In case of insurmountable incompatibility, the national and/or sector-specific legislation should apply.

Or. es

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4. This Directive should not prevent Member States from maintaining or introducing further general or sector-specific due diligence requirements, provided that they do not hamper the effective application of the due diligence requirements as provided for in this Directive.

4. This Directive should not prevent Member States from maintaining or introducing further general or sector-specific due diligence requirements.

Or. es




4. This Directive shall not prevent Member States from maintaining or introducing further general or sector-specific due diligence requirements, provided that they do not hamper the effective application of the due diligence requirements as provided for in this Directive.

4. This Directive shall not prevent Member States from maintaining or introducing further general or sector-specific due diligence requirements, provided that they do not weaken the due diligence obligation set out in this directive, nor hamper the effective application of the due diligence requirements as provided for in this Directive.

Or. en


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5. The implementation of this Directive should 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.

5. The implementation of this Directive should in no way constitute grounds for justifying a reduction in the general level of protection of fundamental rights.

Or. es




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.

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 subcontracting, posting or chain liability frameworks established at national, European and international level..

Or. en




5. The implementation of this 5. The implementation of this

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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.

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 applicable subcontracting, posting or chain liability frameworks.

Or. en


Motion for a resolutionArticle 1 – point 5 a (new)


5a. This Directive shall apply without prejudice to other legal recourses provided to victims to access remedy by national, European or international legislations, including but not limited to tort law, criminal law, consumer law, data protection law and environmental law.

Or. en


Motion for a resolutionArticle 1 a (new)


Article 1 aDue diligence obligation

Undertakings must exercise due diligence regarding the human rights, environmental and governance potential and actual adverse impacts of their value

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chains.

Or. en




1. This Directive shall apply to all undertakings governed by the law of a Member State or established in the territory of the Union.

1. This Directive shall apply to all limited liability undertakings with more than 5 000 employees that are governed by the law of a Member State or established in the territory of the Union.

Or. es

Amendment 433Pascal Durand, Stéphane Séjourné, Adrián Vázquez Lázara, Liesje Schreinemacher




1. This Directive shall apply to all undertakings governed by the law of a Member State or established in the territory of the Union, as defined in Article 3(4) of the Accounting Directive.

Or. en

Amendment 434Axel Voss, Angelika Niebler, Javier Zarzalejos, Marion Walsmann, Andreas Schwab, Sven Simon, Daniel Caspary, Christophe Hansen, Markus Pieper, Markus Ferber, Hildegard Bentele, Enikő Győri, Daniel Buda


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1. This Directive shall apply to undertakings governed by the law of a Member State or established in the territory of the Union with more than 5000 employees.

Or. en





1. This Directive shall apply to all undertakings with more than 350 employees that are governed by the law of a Member State or established in the territory of the Union.

Or. fr

Amendment 436Liesje Schreinemacher




1. This Directive shall apply to large undertakings governed by the law of a Member State or established in the territory of the Union.

Or. en

Amendment 437

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Pascal Durand, Stéphane Séjourné



1a. The Commission shall identify high-risk sectors of economic activity with a significant impact on human rights, environmental and good governance matters in order to include the small and medium-sized enterprises in those sectors within the scope of this Directive.

Or. en




2. It shall also apply to limited liability undertakings governed by the law of a non-Member State and not established in the territory of the Union when they operate in the internal market selling goods or providing services. An undertaking governed by the law of a non-Member State and not established in the territory of the Union shall be considered in compliance with this Directive if it fulfils the due diligence requirements established in this Directive as transposed in the legislation of the Member State in which it operates.

2. It shall also apply to limited liability undertakings governed by the law of a non-Member State and not established in the territory of the Union when they operate in the internal market selling goods or providing services, especially technology firms and online traders. An undertaking governed by the law of a non-Member State and not established in the territory of the Union shall be considered in compliance with this Directive if it fulfils the due diligence requirements established in this Directive as transposed in the legislation of the Member State in which it operates. These undertakings may choose the national legal framework that suits them best provided that they operate in two or more EU Member States.

Or. es

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2. It shall also apply to undertakings governed by the law of a non-Member State and not established in the territory of the Union when they operate in the internal market selling goods or providing services. An undertaking governed by the law of a non-Member State and not established in the territory of the Union shall fulfil the due diligence requirements established in this Directive as transposed in the legislation of the Member State in which it operates. It should be subject to the civil, criminal and administrative liability regimes established by this Directive as transposed in the legislation of the Member State in which it operates.

Or. en

Amendment 440Manon Aubry, Emmanuel Maurel



2. It shall also apply to limited liability undertakings governed by the law of a non-Member State and not established in the territory of the Union when they operate in the internal market selling goods or providing services. An undertaking governed by the law of a non-Member State and not established in the territory of the Union shall be considered in compliance with this Directive if it fulfils the due diligence requirements established in this Directive as transposed in the

2. It shall also apply to undertakings governed by the law of a non-Member State and not established in the territory of the Union when they operate in the internal market selling goods or providing services. An undertaking governed by the law of a non-Member State and not established in the territory of the Union fulfil the due diligence requirements established in this Directive as transposed in the legislation of the Member State in which it operates. It should be subject to the civil, criminal and

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legislation of the Member State in which it operates.

administrative liability regimes established by this Directive as transposed in the legislation of the Member State in which it operates.

Or. en





2. It shall also apply to large limited liability undertakings governed by the law of a non-Member State and not established in the territory of the Union when they operate in the internal market selling goods or providing services. A large undertaking governed by the law of a non-Member State and not established in the territory of the Union shall be considered in compliance with this Directive if it fulfils the due diligence requirements established in this Directive as transposed in the legislation of the Member State in which it operates.

Or. en




2. It shall also apply to limited liability undertakings governed by the law of a non-Member State and not established in the territory of the Union when they operate in the internal market selling goods

2. It shall also apply to undertakings governed by the law of a non-Member State and not established in the territory of the Union when they operate in the internal market selling goods or providing services.

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or providing services. An undertaking governed by the law of a non-Member State and not established in the territory of the Union shall be considered in compliance with this Directive if it fulfils the due diligence requirements established in this Directive as transposed in the legislation of the Member State in which it operates.

An undertaking governed by the law of a non-Member State and not established in the territory of the Union shall be considered in compliance with this Directive if it fulfils the due diligence requirements established in this Directive as transposed in the legislation of the Member State in which it operates.

Or. de





2. It shall also apply to undertakings governed by the law of a non-Member State and not established in the territory of the Union when they operate in the internal market selling goods or providing services. An undertaking governed by the law of a non-Member State and not established in the territory of the Union shall be considered in compliance with this Directive if it fulfils the due diligence requirements established in this Directive as transposed in the legislation of the Member State in which it operates.

Or. fr




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2. It shall also apply to undertakings governed by the law of a non-Member State and not established in the territory of the Union when they operate in the internal market selling goods or providing services. An undertaking governed by the law of a non-Member State and not established in the territory of the Union shall be considered in compliance with this Directive if it fulfils the due diligence requirements established in this Directive as transposed in the legislation of the Member State in which it operates.

Or. en

Amendment 445Liesje Schreinemacher, Karen Melchior



3. Member States may exempt micro-undertakings as defined in Directive 2013/34/EU from the application of the obligations set up in this Directive.

deleted

Or. en

Amendment 446Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Daniel Buda




deleted

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Or. en

Amendment 447Pascal Durand, Stéphane Séjourné, Adrián Vázquez Lázara




deleted

Or. en





3. Without prejudice to the prerogatives, exemptions and allowances that may be put in place at national level by the Member States, under no circumstances will this Directive apply to small and medium-sized undertakings, micro-undertakings or self-employed persons.

Or. es




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3. Member States may adapt the requirements of this Directive to the specific circumstances of micro-undertakings as defined in Directive 2013/34/EU.

Or. de

Amendment 450József Szájer, Enikő Győri




3. Small businesses and SMEs such as micro-undertakings as defined in Directive 2013/34/EU shall be exempted from the application of the obligations set up in this Directive.

Or. en





3. Micro-undertakings as defined in Directive 2013/34/EU are exempt from the application of the obligations set up in this Directive.

Or. fr


Motion for a resolution

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Article 2 – point 3 a (new)


3a. This Directive will also apply to associations, foundations and NGOs that receive any type of aid, appropriation or subsidy from European, national, regional or local funds, regardless of the quantity involved.

Or. es


Motion for a resolutionArticle 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 and labour rights, the environment, including through climate change, and to governance, both by its own operations and by those of its business relationships.

- “due diligence obligation” means the obligation for an undertaking to take all reasonable measures to prevent human rights and environmental adverse impacts from occurring down their value chains, and to properly address such adverse impacts when they occur. The exercise of a due diligence obligation means identifying, assessing, preventing, ceasing, mitigating, monitoring, tracking, communicating, disclosing, accounting for, addressing, and remediating the potential and actual adverse impacts on human rights, including social and labour rights, the environment, including the contribution to climate change, and governance, in their own operations, their value chain and other business relationships.

Or. en

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Amendment 454Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Christian Sagartz




- “due diligence” means first, an obligation of means and second, a business process imposed on such undertaking to take reasonable precautions to identify, mitigate and monitor the risks posed to human rights and the environment by its own operations and by those of its direct business relationships.

Or. en





- 'due diligence' means the process put in place by an undertaking aimed at identifying, ceasing, preventing, mitigating, monitoring, disclosing, accounting for, addressing, and redressing the risks posed to human rights, the environment, and to governance, both by its own operations and by those of its direct suppliers.

Or. en

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- ‘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 and labour rights, the environment, including through climate change, and to governance, both by its own operations and by those of its business relationships.

- ‘due diligence’ means the process put in place by an undertaking aimed at identifying, preventing and ceasing the risks posed to human rights, including social and labour rights, and to the environment, including through climate change, both by its own operations and by those of its business relationships.

Or. fr





- '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.

Or. en

Amendment 458

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Jorge Buxadé Villalba



- ‘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 and labour rights, the environment, including through climate change, and to governance, both by its own operations and by those of its business relationships.

- ‘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 the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union, especially the rights of the child and the prohibition of child labour.

Or. es





- '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 and labour rights, the environment, including through climate change, and to good governance, both by its own operations and by those of its business relationships.

Or. en


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Motion for a resolutionArticle 3 – paragraph 1 – indent 1 a (new)


- ‘control’ means ownership of an undertaking or the ability to exercise decisive influence on an undertaking on the basis of rights, contracts or any other means, either individually or combined, taking the associated factual and legal considerations into account.

Or. de




- ‘Large undertaking’ as defined in article 3(4) of the Accounting Directive.

Or. en




- ‘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

deleted

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social and labour rights, the environment and good governance, and includes but is not limited to workers and their representatives, local communities, indigenous peoples, citizens’ associations, trade unions, civil society organisations and the undertakings’ shareholders.

Or. en




- ‘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, indigenous peoples, citizens’ associations, trade unions, civil society organisations and the undertakings’ shareholders.

- ‘stakeholders’ means individuals and groups of individuals whose rights or interests are directly affected by the human rights and environmental risks posed by an undertaking or its business relationships, including workers’ representatives, trade unions and the undertakings’ shareholders.

Or. fr




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- ‘stakeholders’ means individuals and groups of individuals who have a direct interest to take legal action in relation to human rights and environmental risks posed by an undertaking or its direct contractual business relationships.

Or. en





- ‘stakeholders’ means individuals and groups of individuals whose rights or interests may be affected by the fundamental rights risks posed by an undertaking or its business relationships. The interest invoked by the stakeholder must be direct and legitimate, and stakeholders may include, in exceptional cases, trade union organisations.

Or. es

Amendment 466

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Manon Aubry




- ‘stakeholders’ means individuals, civil society organisations and groups of individuals whose rights or interests may be affected by the human rights, environmental and good governance potential or actual adverse impacts 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. These can include but are not limited to workers and their representatives, local communities, indigenous peoples, citizens’ associations, trade unions, civil society organisations and the undertakings’ shareholders.

Or. en

Amendment 467Caterina Chinnici, Franco Roberti, Lara Wolters



- ‘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,

- ‘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,

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indigenous peoples, citizens’ associations, trade unions, civil society organisations and the undertakings’ shareholders.

children, indigenous peoples, citizens’ associations, trade unions, civil society organisations and the undertakings’ shareholders.

Or. en





- ‘stakeholders’ means individuals and groups of individuals whose rights or interests may be affected by the human rights, environmental and good governance impacts 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, indigenous peoples, citizens’ associations, trade unions, civil society organisations and the undertakings’ shareholders.

Or. en




- ‘primary stakeholders’ means stakeholders that engage in economic transactions with the business, including employees and their representative bodies,

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communities, shareholders, suppliers, creditors, investors, governments, customers, owners and financiers.

Or. en


Motion for a resolutionArticle 3 – paragraph 1 – indent 2 b (new)


- ‘secondary stakeholders’ means stakeholders that do not directly engage in the economic exchange with the undertaking, but which can be affected by its actions, including labour unions, trade groups, NGOs.

Or. en




- ‘business relationships’ means the network of relationships of an undertaking with business partners and other entities along its entire value chain, and any other non-State or State entity directly linked to the undertaking’s business operations, products or services.

deleted

Or. en

Amendment 472Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven

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Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Jorge Buxadé Villalba, Enikő Győri, József Szájer, Christian Sagartz




- ‘direct contractual business relationships’ means the network of relationships of an undertaking with business partners in the first tier of its supply chain located outside the EU.

Or. en





- ‘business relationships’ means all the entities of an undertaking's entire value chain, including suppliers and subcontractors, that are directly or indirectly linked to the undertaking’s business operations, products or services.

Or. en




- ‘business relationships’ means the - ‘business relationships’ means the

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network of relationships of an undertaking with business partners and other entities along its entire value chain, and any other non-State or State entity directly linked to the undertaking’s business operations, products or services.

network of relationships of an undertaking with direct business partners and other entities, and any other non-State or State entity directly linked to the undertaking’s business operations, products or services.

Or. es





- ‘business relationships’ means subsidiaries and commercial relationships of an undertaking throughout its value chain, including suppliers and sub-contractors that are directly or indirectly linked to the undertaking’s business operations, products or services.

Or. en




- ‘supplier’ means all business relationships that provide a product or service to an undertaking, either directly or indirectly.

- ‘supplier’ means all business relationships that provide a product, part of a product, or service to an undertaking, either directly or indirectly.

Or. en

Amendment 477

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Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Enikő Győri, Christian Sagartz



- ‘supplier’ means all business relationships that provide a product or service to an undertaking, either directly or indirectly.

- ‘supplier’ means all undertakings that provide a product or service directly to an undertaking in the context of a business relationship.

Or. en




- ‘sub-contractor’ means all business relationships that perform a service or an activity necessary for the completion of another undertaking’s operations.

- ‘sub-contractor’ means all business relationships that perform a service or an activity contributing to the completion of an undertaking’s operations.

Or. en

Amendment 479Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Jorge Buxadé Villalba, Enikő Győri, Daniel Buda, József Szájer, Christian Sagartz



- ‘value chain’ means all activities, operations, business relationships and investment chains of an undertaking inside or outside the EU. Value chain includes entities with which the

- ‘first tier of the supply chain outside the EU’ means an upstream network characterized by direct contractual business relationships between a company and its suppliers located

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undertaking has a direct or indirect business relationship, upstream and downstream, and which either (a) supply products or services that contribute to the undertaking’s own products or services, or (b) receive products or services from the undertaking.

outside the EU to produce and distribute a specific product to the final buyer

Or. en




- ‘value chain’ means all activities, operations, business relationships and investment chains of an undertaking inside or outside the EU. Value chain includes entities with which the undertaking has a direct or indirect business relationship, upstream and downstream, and which either (a) supply products or services that contribute to the undertaking’s own products or services, or (b) receive products or services from the undertaking.

- ‘value chain’ means all activities, operations, business relationships and investment chains of an undertaking inside or outside the EU. Value chain includes entities with which the undertaking has a direct business relationship, upstream and downstream, and which supply products or services that contribute to the undertaking’s own products or services.

Or. es




- ‘value chain’ means all activities, operations, business relationships and investment chains of an undertaking inside or outside the EU. Value chain includes

- ‘value chain’ means all activities, operations, including financial operations, business relationships and investment chains of an undertaking inside or outside

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entities with which the undertaking has a direct or indirect business relationship, upstream and downstream, and which either (a) supply products or services that contribute to the undertaking’s own products or services, or (b) receive products or services from the undertaking.

the EU. Value chain includes entities with which the undertaking has a direct or indirect business relationship, upstream and downstream, and which either (a) supply products or services that contribute to the undertaking’s own products or services, or (b) receive products or services from the undertaking.

Or. en




- ‘value chain’ means all activities, operations, business relationships and investment chains of an undertaking inside or outside the EU. Value chain includes entities with which the undertaking has a direct or indirect business relationship, upstream and downstream, and which either (a) supply products or services that contribute to the undertaking’s own products or services, or (b) receive products or services from the undertaking.

- ‘value chain’ means all activities, operations, business relationships and investment chains of an undertaking inside or outside the EU. Value chain includes entities with which the undertaking has a direct or indirect business relationship, upstream and downstream, and which either (a) supply products, parts of products or services that contribute to the undertaking’s own products or services, or (b) receive products or services from the undertaking.

Or. en

Amendment 483Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Enikő Győri



- ‘risk’ means a potential or actual adverse impact on individuals, groups of

deleted

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individuals and other organisations in relation to human rights, including social and labour rights, the environment, and good governance;

Or. en




- ‘risk’ means a potential or actual adverse impact on individuals, groups of individuals and other organisations in relation to human rights, including social and labour rights, the environment, and good governance;

- ‘risk’ means a potential or actual adverse impact on individuals, groups of individuals and other organisations in relation to fundamental rights;

Or. es





- ‘risk’ means a potential or actual adverse impact on individuals, groups of individuals and other organisations in relation to human rights, the environment and good governance. An exhaustive list of risks is laid down in Annex I;

Or. en


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- ‘risk’ means a potential or actual adverse impact on individuals, groups of individuals and other organisations in relation to human rights, including social and labour rights, the environment, and good governance.

- ‘risk’ means a potential or actual adverse impact on individuals, groups of individuals and other organisations in relation to human rights, including social and labour rights, and the environment.

Or. fr





- ‘risk’ means a potential adverse impact on individuals, groups of individuals and other organisations in relation to human rights, including social and labour rights, the environment, and good governance;

Or. en




- ‘risk’ means a potential or actual adverse impact on individuals, groups of individuals and other organisations in relation to human rights, including social and labour rights, the environment, and

- ‘risk’ means a potential adverse impact on individuals, groups of individuals and other organisations in relation to human rights, including social and labour rights, the environment, and

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good governance; good governance;

Or. en




- ‘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 a number of ILO Conventions, such as freedom of association, 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

- ‘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.

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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.

Or. en




- ‘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 a number of ILO Conventions, such as freedom of association, minimum age, occupational safety and health, and equal

- ‘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, as defined in Annex I.

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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.

Or. en

Amendment 491Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, József Szájer



- ‘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.

- ‘human rights risk’ means any potential or actual adverse impact that may impair the fulfilment of human rights of individuals or groups of individuals in relation to the internationally recognized human rights instruments listed in Annex I. The Commission is empowered to adopt delegated acts in accordance with Article 18(a), to amend this exhaustive list.

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They further include, but are not restricted to, adverse impacts in relation to other rights recognised in a number of ILO Conventions, such as freedom of association, 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.

Or. en




- ‘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

- ‘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 the internationally recognized human rights, as expressed in the International Bill of Human Rights, and the rights recognised in the Convention on the Rights of the Child, 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.

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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 a number of ILO Conventions, such as freedom of association, 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.

Or. es




- ‘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

- ‘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, customary international law and human rights instruments on the rights of persons belonging to particularly vulnerable groups or communities (including the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of

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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 a number of ILO Conventions, such as freedom of association, 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.

Discrimination against Women, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the Convention on the Rights of Persons with Disabilities, the United Nations Declaration on the Rights of Indigenous Peoples and the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities), and adverse impacts concerning other rights recognised in the Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (MNE Declaration), 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, 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 a number of ILO Conventions, such as freedom of association, 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

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constitutions and laws recognising or implementing human rights.

Or. de




- ‘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 a number of ILO Conventions, such as freedom of association, 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

- ‘human rights impact’ means any 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, (including the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, the Convention on the Rights of Persons with Disabilities, the United Nations Declaration on the Rights of Indigenous Peoples, the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities) 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 forced labour Convention on forced labour, the

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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.

ILO Convention on the abolition of forced labour, 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, and the equal remuneration convention. They further include, but are not restricted to, adverse impacts in relation to other rights recognised in a number of ILO Conventions, such as freedom of association, minimum age, occupational safety and health, living wages, and the rights recognised in 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.

Or. en




- ‘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

- ‘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

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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 a number of ILO Conventions, such as freedom of association, 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.

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.

Or. en

Amendment 496Manon Aubry, Charles Goerens, Raphaël Glucksmann, Sirpa Pietikäinen, Helmut Scholz, Aurore Lalucq, Marie Toussaint, Saskia Bricmont, Maria Arena, Heidi Hautala, Anna Cavazzini



- ‘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

- ‘human rights impact’ means any adverse impact that may impair the full enjoyment of human rights by individuals or groups of individuals in relation to internationally recognized human rights,

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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 a number of ILO Conventions, such as freedom of association, 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.

understood, at a minimum, as those expressed in the international human rights conventions that are binding upon the European Union or its Member States, the International Bill of Human Rights, International Humanitarian Law, 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 a number of ILO Conventions, such as freedom of association, 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.

Or. en



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- ‘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, the sustainable use of natural resources, and biodiversity and ecosystems. These risks include climate change, air and water pollution, deforestation, loss in biodiversity, and greenhouse emissions.

deleted

Or. es





- ‘environmental risk’ means any potential or actual adverse impact on the environment, as defined in Annex I.

Or. en


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- ‘environmental impact’ means any violation of internationally recognized environmental standards, any adverse impact on the environment, regardless of whether this adverse impact has directly affected humans or human rights. Environmental impacts that may impair the right to a healthy environment, whether temporarily or permanently, and of whatever magnitude, duration or frequency shall be considered as particularly serious. These include, but are not limited to, adverse impacts on the climate, the sustainable use of natural resources, and biodiversity and ecosystems. These risks include climate change, air and water pollution, deforestation, loss in biodiversity, and greenhouse emissions.

Or. en

Amendment 500Tiemo Wölken, Lara Wolters




- ‘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, biodiversity and ecosystems.

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These risks include climate change and all its consequences, air, soil and water pollution, deforestation, loss in biodiversity.

Or. en





- ‘environmental impact’ 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, the sustainable use of natural resources, air quality, and biodiversity and ecosystems. Environmental impacts include, but are not limited to, climate change, air, soil and water pollution, diffuse pollution, production of waste, deforestation, loss in biodiversity, and greenhouse emissions.

Or. en

Amendment 502Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Christian Sagartz



- ‘environmental risk’ means any potential or actual adverse impact that may impair the right to a healthy environment, whether temporarily or permanently, and

- ‘environmental risk’ means any potential or actual adverse impact as regards climate change, air and water pollution, deforestation, loss in

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of whatever magnitude, duration or frequency. These include, but are not limited to, adverse impacts on the climate, the sustainable use of natural resources, and biodiversity and ecosystems. These risks include climate change, air and water pollution, deforestation, loss in biodiversity, and greenhouse emissions.

biodiversity, and greenhouse emissions that may impair the right to a healthy environment, whether temporarily or permanently, and of whatever magnitude, duration or frequency, in breach of the applicable legal obligations provided for in the Union acts listed in Annex II. The Commission is empowered to adopt delegated acts in accordance with Article 18(a), to amend this exhaustive list.

Or. en





- ‘environmental risk’ means any potential or actual adverse impact that may impair the right to a healthy environment, whether temporarily or permanently. These include, but are not limited to, adverse impacts on the climate, the sustainable use of natural resources, and biodiversity and ecosystems. These risks include climate change, air and water pollution, deforestation, loss in biodiversity, and greenhouse emissions.

Or. en




- ‘governance risk’ means any deleted

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potential or actual adverse impact on the good governance of a country, region or territory. These include, but are not limited to, non-compliance with OECD Guidelines for Multinational Enterprises, Chapter VII on Combating Bribery, Bribe Solicitation and Extortion and the principles of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and situations of corruption and bribery where an undertaking exercises undue influence on, or channels undue pecuniary advantages to, public officials to obtain privileges or unfair favourable treatment in breach of the law, and including situations in which an undertaking becomes improperly involved in local political activities, makes illegal campaign contributions or fails to comply with the applicable tax legislation.

Or. fr




- ‘governance risk’ means any potential or actual adverse impact on the good governance of a country, region or territory. These include, but are not limited to, non-compliance with OECD Guidelines for Multinational Enterprises, Chapter VII on Combating Bribery, Bribe Solicitation and Extortion and the principles of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and situations of corruption and bribery where an undertaking exercises undue influence on, or channels undue pecuniary advantages to, public

deleted

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officials to obtain privileges or unfair favourable treatment in breach of the law, and including situations in which an undertaking becomes improperly involved in local political activities, makes illegal campaign contributions or fails to comply with the applicable tax legislation.

Or. es

Amendment 506Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Enikő Győri



- ‘governance risk’ means any potential or actual adverse impact on the good governance of a country, region or territory. These include, but are not limited to, non-compliance with OECD Guidelines for Multinational Enterprises, Chapter VII on Combatting Bribery, Bribe Solicitation and Extortion and the principles of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and situations of corruption and bribery where an undertaking exercises undue influence on, or channels undue pecuniary advantages to, public officials to obtain privileges or unfair favourable treatment in breach of the law, and including situations in which an undertaking becomes improperly involved in local political activities, makes illegal campaign contributions or fails to comply with the applicable tax legislation.

deleted

Or. en

Amendment 507

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EN

Pascal Durand, Stéphane Séjourné, Adrián Vázquez Lázara, Liesje Schreinemacher



- ‘governance risk’ means any potential or actual adverse impact on the good governance of a country, region or territory. These include, but are not limited to, non-compliance with OECD Guidelines for Multinational Enterprises, Chapter VII on Combatting Bribery, Bribe Solicitation and Extortion and the principles of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and situations of corruption and bribery where an undertaking exercises undue influence on, or channels undue pecuniary advantages to, public officials to obtain privileges or unfair favourable treatment in breach of the law, and including situations in which an undertaking becomes improperly involved in local political activities, makes illegal campaign contributions or fails to comply with the applicable tax legislation.

- ‘governance risk’ means any potential or actual adverse impact on the good governance of a country, region or territory.

Or. en




- ‘governance risk’ means any potential or actual adverse impact on the good governance of a country, region or territory. These include, but are not limited to, non-compliance with OECD Guidelines for Multinational Enterprises, Chapter VII on Combatting Bribery,

- ‘governance risk’ means any potential or actual adverse impact on the good governance of a country, region or territory, as defined in Annex I.

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Bribe Solicitation and Extortion and the principles of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and situations of corruption and bribery where an undertaking exercises undue influence on, or channels undue pecuniary advantages to, public officials to obtain privileges or unfair favourable treatment in breach of the law, and including situations in which an undertaking becomes improperly involved in local political activities, makes illegal campaign contributions or fails to comply with the applicable tax legislation.

Or. en




- ‘governance risk’ means any potential or actual adverse impact on the good governance of a country, region or territory. These include, but are not limited to, non-compliance with OECD Guidelines for Multinational Enterprises, Chapter VII on Combatting Bribery, Bribe Solicitation and Extortion and the principles of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and situations of corruption and bribery where an undertaking exercises undue influence on, or channels undue pecuniary advantages to, public officials to obtain privileges or unfair favourable treatment in breach of the law, and including situations in which an undertaking becomes improperly involved in local political activities, makes illegal

- ‘governance impact’ means any adverse impact on the good governance of a country, region or territory. These include, but are not limited to, non-compliance with OECD Guidelines for Multinational Enterprises, Chapter VII on Combatting Bribery, Bribe Solicitation and Extortion and the principles of the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions and situations of corruption and bribery where an undertaking exercises undue influence on, or channels undue pecuniary advantages to, public officials to obtain privileges or unfair favourable treatment in breach of the law, and including situations in which an undertaking becomes improperly involved in local political activities, makes illegal

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campaign contributions or fails to comply with the applicable tax legislation.

campaign contributions or fails to comply with the applicable tax legislation.

Or. en




- The Commission shall further define all the risk types by means of guidelines that shall be based on existing legislative frameworks and standards. These guidelines shall be reviewed on a regular basis consistently with EU's objectives on human rights, good governance, environmental protection and climate change mitigation. The European Parliament shall be associated to the adoption of those guidelines through delegated acts.

Or. en




- ‘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.

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Or. en




- 'control' means ownership of, or the ability to exercise decisive influence over, an entity, on the basis of rights, contracts or any other means, either separately or in combination, and having regard to the considerations of fact and law involved.

Or. en




1. Member States shall lay down rules to ensure that undertakings carry out due diligence with respect to human rights, environmental and governance risks in their operations and business relationships.

1. Member States shall lay down rules to ensure that undertakings respect their due diligence obligation with respect to human rights, environmental and governance potential or actual adverse impacts in their operations, those of their value chains and their business relationships.

Or. en


PE658.905v01-00 64/101 AM\1215358EN.docx

EN




1. Member States shall lay down rules to ensure that undertakings carry out effective due diligence with respect to human rights, environmental and governance risks and impacts in their operations and the operations of its business relationships.

Or. en





1. Member States shall lay down rules to ensure that undertakings can carry out due diligence with respect to human rights risks.

Or. es




1. Member States shall lay down rules to ensure that undertakings carry out due diligence with respect to human rights,

1. Member States shall lay down rules to ensure that undertakings carry out due diligence with respect to human rights and

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environmental and governance risks in their operations and business relationships.

environmental risks in their operations and direct contractual business relationships.

Or. en





1. Member States shall lay down rules to ensure that undertakings carry out due diligence with respect to human rights, environmental and governance risks in their operations and of their direct suppliers.

Or. en





1. Member States shall lay down rules to ensure that undertakings carry out due diligence with respect to human rights or environmental risks in their operations and business relationships.

Or. fr



PE658.905v01-00 66/101 AM\1215358EN.docx

EN



1. Member States shall lay down rules to ensure that undertakings carry out due diligence with respect to human rights and environmental risks in their operations and business relationships.

Or. ro




2. Undertakings shall in an ongoing manner identify and assess by means of an appropriate monitoring methodology whether their operations and business relationships cause or contribute to any human rights, environmental or governance risks.

2. Undertakings shall in an ongoing manner identify and assess by means of an appropriate monitoring methodology whether their operations and those of its business relationships cause or contribute or are directly linked to any potential or actual adverse human rights, environmental or governance impact. This monitoring should draw on internal or external human rights expertise and involve meaningful consultation with potentially affected groups and other relevant stakeholders.

Or. en




2. Undertakings shall in an ongoing manner identify and assess by means of an

2. Undertakings shall in an ongoing manner identify and assess by means of an

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appropriate monitoring methodology whether their operations and business relationships cause or contribute to any human rights, environmental or governance risks.

appropriate monitoring methodology whether their operations and business relationships cause, contribute or are directly linked to any potential or actual adverse human rights, environmental or governance impacts. This monitoring should draw on internal or external human rights expertise and involve meaningful consultation with potentially affected groups and other relevant stakeholders.

Or. en





2. Undertakings shall in an ongoing manner identify and assess by means of an appropriate monitoring methodology whether their operations and of their direct suppliers cause or contribute to any human rights, environmental or governance risks.

Or. en

Amendment 523Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Christian Sagartz



2. Undertakings shall in an ongoing manner identify and assess by means of an appropriate monitoring methodology whether their operations and business

2. Undertakings shall in an ongoing manner identify and assess by means of an appropriate monitoring methodology whether their operations and direct

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relationships cause or contribute to any human rights, environmental or governance risks.

business relationships cause or contribute to any human rights or environmental risks.

Or. en





2. Undertakings shall, when they deem it appropriate, identify and assess, at regular intervals or when their situation changes significantly, whether their operations and business relationships cause or contribute to any fundamental rights risks.

Or. es





2. Undertakings shall in an ongoing manner identify and assess by means of an appropriate monitoring methodology whether their operations and business relationships cause or contribute to any human rights and environmental risks.

Or. fr

Amendment 526

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EN

Manon Aubry



2a. Undertaking shall integrate their findings across relevant internal functions and processes and take appropriate action. Responsibility for addressing such impacts is assigned to the appropriate level and function within the undertaking’s organisation.

Or. en

Amendment 527Manon Aubry, Charles Goerens, Sirpa Pietikäinen, Helmut Scholz, Marie Toussaint, Saskia Bricmont, Heidi Hautala, Anna Cavazzini



3. If an undertaking concludes that it does not cause or contribute to risks, it shall publish a statement in that sense, including its risk assessment, 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.

deleted

Or. en




PE658.905v01-00 70/101 AM\1215358EN.docx

EN


3. Undertakings shall adopt and publish an appropriate statement on their due diligence policy, including a monitoring methodology to assess whether their business activities and business relationships are directly linked to potential and actual adverse human rights, environmental or governance impacts, or cause or contribute to such impacts, and shall present their plans for carrying out due diligence.

Or. de





3. If an undertaking concludes that it is not directly linked to any risks, it shall publish a statement to that effect, 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.

Or. en




3. If an undertaking concludes that it does not cause or contribute to risks, it shall publish a statement in that sense,

3. If an undertaking concludes that it does not cause or contribute to risks, it may publish a statement in that sense, without

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including its risk assessment, 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.

any confidential or strategic information, and it may include its risk assessment, which may 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.

Or. es




4. If an undertaking identifies risks, it shall establish a due diligence strategy. The due diligence strategy shall:

4. If an undertaking identifies risks, it shall establish and ensure the implementation of an effective due diligence strategy. The due diligence strategy shall:

Or. en





4. Undertakings shall establish and effectively implement a due diligence strategy. As part of their due diligence strategy, undertakings shall at a minimum:

Or. en

PE658.905v01-00 72/101 AM\1215358EN.docx

EN





4. Undertakings shall establish a due diligence strategy. The due diligence strategy shall:

Or. de


Motion for a resolutionArticle 4 – point 4 – point i


(i) specify the risks that the undertaking has identified as likely to be present in its operations and business relationships and the level of severity and urgency thereof.

(i) identify and specify the potential or actual adverse human rights, environmental and governance impacts that are likely to be present in its operations and the operations of its business relationships and the level of severity, likelihood and urgency thereof.

Or. en


Motion for a resolutionArticle 4 – point 4 – point i


i) specify the risks that the undertaking has identified as likely to be present in its operations and business

i) identify and specify the risks that the undertaking has identified as likely to be present in its operational processes and

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relationships and the level of severity and urgency thereof.

the processes of its business relationships, as well as the level of severity and probability of these risks;

Or. de


Motion for a resolutionArticle 4 – point 4 – point ii


(ii) publicly disclose detailed, relevant and meaningful information about the undertaking’s value chain, including names, locations, and other relevant information concerning subsidiaries, suppliers and business partners in its value chain;

deleted

Or. es

Amendment 537Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Hildegard Bentele, Enikő Győri, József Szájer, Christian Sagartz




deleted

Or. en

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EN





(ii) publicly disclose relevant information about the undertaking’s value chain;

Or. en





(ii) With due regard for commercial confidentiality, publicly disclose detailed, relevant and meaningful information about the undertaking’s value chain, including names, locations, and other relevant information concerning subsidiaries, suppliers and business partners in its value chain;

Or. en



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(ii) map their value chain and publicly disclose detailed, relevant and meaningful information, including names, locations, types of products and services supplied, and other relevant information concerning subsidiaries, suppliers, subcontractors and business relationships;

Or. en




ii) publicly disclose detailed, relevant and meaningful information about the undertaking’s value chain, including names, locations, and other relevant information concerning subsidiaries, suppliers and business partners in its value chain;

ii) publicly disclose detailed, relevant and meaningful information about the undertaking’s value chain, including names, product types, locations, and other relevant information concerning subsidiaries, suppliers and business partners in its value chain;

Or. de


Motion for a resolutionArticle 4 – point 4 – point iii


iii) indicate the policies and measures that the undertaking intends to adopt with a view to ceasing, preventing or mitigating those risks;

iii) indicate the policies and measures that the undertaking is adopting with a view to ceasing, preventing or mitigating potential or actual adverse impacts;

Or. de

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EN


Motion for a resolutionArticle 4 – point 4 – point iii


(iii) indicate the policies and measures that the undertaking intends to adopt with a view to ceasing, preventing or mitigating those risks;

(iii) adopt all reasonable policies and measures with a view to ceasing, preventing or mitigating potential or actual adverse impacts;

Or. en


Motion for a resolutionArticle 4 – point 4 – point iv


iv) set up a prioritisation policy 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;

iv) set up a prioritisation policy for cases in which the undertaking is not in a position to deal with all the risks at the same time. If there is no knowledge of, or a lack of capacity for, prioritisation, undertakings shall be assessed by national authorities, who 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, may propose the introduction of a prioritisation policy to deal with these;

Or. es


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(iv) set up a prioritisation policy 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;

(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;

Or. en




(iv) set up a prioritisation policy 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;

(iv) set up a prioritisation strategy 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, likelihood and urgency of the different potential or actual adverse impacts, the scope of the risks, their scale and how irremediable they might be, and if necessary, use the prioritisation policy in dealing with these;

Or. en

Amendment 547Manon Aubry, Charles Goerens, Raphaël Glucksmann, Sirpa Pietikäinen, Helmut Scholz, Aurore Lalucq, Marie Toussaint, Saskia Bricmont, Maria Arena, Heidi Hautala,

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Anna Cavazzini, Emmanuel Maurel

Motion for a resolutionArticle 4 – point 4 – point iv a (new)


(iv a) set up and implement an alert mechanism that collects reports of potential or actual adverse human rights, environmental and governance impacts

Or. en


Motion for a resolutionArticle 4 – point 4 – point iv b (new)


(iv b) set up and implement a system to effectively track and monitor responses, in order to evaluate whether potential and actual impacts are effectively addressed;

Or. en


Motion for a resolutionArticle 4 – point 4 – point iv c (new)


(iv c) communicate to relevant stakeholders how a potential or adverse impact was addressed.

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Or. en




4a. Undertakings should publicly disclose their due diligence strategy, including all the elements mentioned above and the methodology followed.

Or. en




5. Undertakings shall make all reasonable efforts to identify subcontractors and suppliers in their entire value chain.

deleted

Or. es

Amendment 552Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Hildegard Bentele, Enikő Győri, Daniel Buda, Christian Sagartz



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EN


5. Undertakings shall make all reasonable efforts to identify subcontractors and suppliers in the first tier of the supply chain outside the EU.

Or. en





5. Undertakings shall make all reasonable efforts to identify subcontractors and suppliers in the first tier of their value chain.

Or. en




6. Undertakings shall indicate how their due diligence strategy relates to and integrates with their business strategy, their policies, including purchase policies, and procedures.

deleted

Or. es

Amendment 555Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Enikő Győri, József Szájer, Christian Sagartz

AM\1215358EN.docx 81/101 PE658.905v01-00

EN



6. Undertakings shall indicate how their due diligence strategy relates to and integrates with their business strategy, their policies, including purchase policies, and procedures.

deleted

Or. en

Amendment 556Manon Aubry, Charles Goerens, Sirpa Pietikäinen, Helmut Scholz, Marie Toussaint, Saskia Bricmont, Heidi Hautala, Anna Cavazzini, Emmanuel Maurel



7. The subsidiaries of an undertaking or the companies controlled by an undertaking shall be deemed in compliance with the obligation to establish a due diligence strategy if their parent or controlling company includes them in their due diligence strategy.

deleted

Or. en




7. The subsidiaries of an undertaking or the companies controlled by an undertaking shall be deemed in compliance with the obligation to establish a due diligence strategy if their parent or

7. The subsidiaries of an undertaking or the companies controlled by an undertaking shall not be deemed in compliance with the obligation to establish a due diligence strategy merely as a result

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controlling company includes them in their due diligence strategy.

of their parent or controlling company including them in their due diligence strategy.

Or. de

Amendment 558Axel Voss, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary



8. Undertakings shall carry out value chain due diligence which is proportionate and commensurate to their specific circumstances, particularly their sector of activity, the size and length of their supply chain, the size of the undertaking, its capacity, resources and leverage.

deleted

Or. en





8. Undertakings shall define a due diligence strategy which is commensurate and proportionate to the severity and probability of their risks and their specific circumstances, particularly their sector of activity, the size and length of their supply chain and the size of the undertaking, and shall implement it efficiently.

Or. de

AM\1215358EN.docx 83/101 PE658.905v01-00

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8. Undertakings shall carry out value chain due diligence which is proportionate and commensurate to the severity and likelihood of their risks and their specific circumstances, particularly their sector of activity, the size and length of their supply chain, and the size of the undertaking.

Or. en





8. Undertakings shall carry out value chain due diligence which is proportionate and commensurate to their specific circumstances, particularly their sector of activity, the size of the undertaking, its capacity, resources and leverage.

Or. es




8. Undertakings shall carry out value 8. Undertakings shall carry out a due

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EN

chain due diligence which is proportionate and commensurate to their specific circumstances, particularly their sector of activity, the size and length of their supply chain, the size of the undertaking, its capacity, resources and leverage.

diligence strategy which is proportionate and commensurate to the severity and likelihood of risks and their specific circumstances, particularly their sector of activity, the size and length of their supply chain, the size of the undertaking.

Or. en




9. Undertakings shall ensure by means of contractual clauses and the adoption of codes of conduct that their business relationships put in place and carry out human rights, environmental and governance policies that are in line with their due diligence strategy.

deleted

Or. es





9. Undertakings shall ensure that their business relationships put in place, carry out and implement effective human rights, environmental and governance policies that are in line with their due diligence strategy, including but not limited to by means of contractual clauses and the adoption of policies or codes of conduct that their business relationships put in place and carry out. Undertakings shall ensure that

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their own purchasing practices and cost repartition does not cause or contribute to risks and enables and facilitate the uptake of effective human rights, environmental and governance policies by their business relationships

Or. en





9. Undertakings' exercise of their due diligence obligation may include the use of framework agreements, contractual clauses and the adoption of legally binding codes of conduct that their business relationships put in place and carry out human rights, environmental and governance policies that are in line with their due diligence strategy.

Or. en





9. Undertakings shall ensure by means of contractual clauses, by means of the adoption of codes of conduct and, where relevant, by means of certified and independent audits, that their business relationships put in place and carry out human rights, environmental and governance policies that are in line with

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their due diligence strategy.

Or. en

Amendment 567Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Enikő Győri, Christian Sagartz




9. Undertakings shall ensure by means of contractual clauses and the adoption of codes of conduct that their business relationships in the first tier of the supply chain outside the EU put in place and carry out human rights and environmental policies that are in line with their due diligence strategy.

Or. en





9. Undertakings shall ensure by means of contractual clauses and the adoption of codes of conduct that their business relationships put in place and carry out human rights and environmental policies.

Or. fr

Amendment 569

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EN

Jorge Buxadé Villalba



10. Undertakings shall regularly verify that subcontractors and suppliers comply with their obligations under paragraph 9.

10. Undertakings shall regularly strive to verify that subcontractors and suppliers comply with their legal obligations concerning fundamental rights.

Or. es


Motion for a resolutionArticle 5 – title


Involvement of trade unions and consultation of stakeholders

Consultation of stakeholders

Or. en


Motion for a resolutionArticle 5 – title


Involvement of trade unions and consultation of stakeholders

Involvement and consultation of stakeholders

Or. en


PE658.905v01-00 88/101 AM\1215358EN.docx

EN



1. Member States shall ensure that undertakings carry out in good faith effective, meaningful and informed consultations with stakeholders when establishing and implementing their due diligence strategy in a manner that is appropriate to their size and the nature and context of their operations, and shall guarantee, in particular, the right for trade unions at the relevant level to be involved in the establishment and implementation of the due diligence strategy in good faith with their undertaking.

1. Member States shall ensure that undertakings carry out in good faith effective, meaningful and informed consultations with stakeholders when establishing and implementing their due diligence strategy in a manner that is appropriate to their size and the nature and context of their operations.

Or. en

Amendment 573Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Enikő Győri, József Szájer




1. The Commission and the Member States shall encourage that undertakings carry out in good faith effective, meaningful and informed consultations with stakeholders when establishing and implementing their due diligence strategy as appropriate to their size and the nature and context of their operations.

Or. en

AM\1215358EN.docx 89/101 PE658.905v01-00

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1. Member States shall ensure that undertakings carry out in good faith effective, meaningful and informed consultations with stakeholders when establishing and implementing their due diligence strategy in a manner that is appropriate to their size and the nature and context of their operations, and shall guarantee, in particular, the right for trade unions at the relevant level, including sectoral, national, European and global levels, to initiate and negotiate to be involved in the establishment and implementation of the due diligence strategy in good faith and without unjustified delays with their undertaking.

Or. en




1. Member States shall ensure that undertakings carry out in good faith effective, meaningful and informed consultations with stakeholders when establishing and implementing their due diligence strategy in a manner that is appropriate to their size and the nature and context of their operations, and shall guarantee, in particular, the right for trade unions at the relevant level to be involved

1. Member States shall ensure that undertakings carry out in good faith effective, meaningful and informed consultations with stakeholders when establishing and implementing their due diligence strategy in a manner that is appropriate to their size and the nature and context of their operations, and shall guarantee, in particular, the right for trade unions at the relevant level, including

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EN

in the establishment and implementation of the due diligence strategy in good faith with their undertaking.

sectoral, national, European and global levels to participate in the establishment and implementation of the due diligence strategy in good faith and without unjustified delays with their undertaking.

Or. en





1. Member States shall ensure that undertakings carry out in good faith effective, meaningful and informed consultations with stakeholders when establishing and implementing their due diligence strategy in a manner that is appropriate to their size and the nature and context of their operations, and shall guarantee, in particular, the right for trade unions or workers' representatives or workers themselves at the relevant level to be involved in the establishment and implementation of the due diligence strategy in good faith with their undertaking.

Or. en

Amendment 577Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Enikő Győri, József Szájer, Christian Sagartz



2. Member States shall ensure that stakeholders are entitled to request from

deleted

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the undertaking that they are consulted within the terms of paragraph 1.

Or. en




2. Member States shall ensure that stakeholders are entitled to request from the undertaking that they are consulted within the terms of paragraph 1.

2. Member States shall ensure that primary stakeholders are entitled to request from the undertaking that they are consulted within the terms of paragraph 1.

Or. en

Amendment 579Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Enikő Győri, József Szájer



3. Effective protection mechanisms and measures shall be put in place by the undertaking to ensure that affected or potentially affected stakeholders are not put at risk due to participating in the consultations referred to in paragraph 1.

deleted

Or. en



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EN


4. Consultations with indigenous peoples shall be undertaken in accordance with international human rights standards, including the standard of free, prior and informed consent and respecting indigenous peoples’ right to self-determination.

deleted

Or. fr




4. Consultations with indigenous peoples shall be undertaken in accordance with international human rights standards, including the standard of free, prior and informed consent and respecting indigenous peoples’ right to self-determination.

deleted

Or. es

Amendment 582Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Jorge Buxadé Villalba, Enikő Győri, József Szájer



4. Consultations with indigenous peoples shall be undertaken in accordance with international human rights standards, including the standard of free, prior and informed consent and

deleted

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respecting indigenous peoples’ right to self-determination.

Or. en




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.

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, 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).

Or. en



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EN



5. Workers or their representatives shall be informed and consulted on the mapping of the potential and actual adverse impacts by the undertaking, on the due diligence strategy of their undertaking and on its implementation 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.

Or. en





5. Workers or their representatives shall be informed and consulted on the mapping of the potential and actual adverse impacts by the undertaking, on the due diligence strategy of their undertaking and on its implementation 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.

Or. en

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6. Member States shall ensure that where an undertaking refuses to carry out consultations with stakeholders, fails to involve trade unions in good faith, or does not adequately inform and consult workers or their representatives, stakeholders and trade unions may refer the matter to the competent national authority.

deleted

Or. es

Amendment 587Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Enikő Győri, József Szájer, Christian Sagartz



6. Member States shall ensure that where an undertaking refuses to carry out consultations with stakeholders, fails to involve trade unions in good faith, or does not adequately inform and consult workers or their representatives, stakeholders and trade unions may refer the matter to the competent national authority

deleted

Or. en

Amendment 588

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EN

Manon Aubry




6. Without prejudice to legal actions and remedies, Member States shall ensure that where an undertaking refuses to carry out consultations with stakeholders, fails to engage in good faith in effective, meaningful and informed negotiations with trade unions, or does not adequately inform and consult workers or their representatives, this constitutes a breach of the due diligence obligations and stakeholders and trade unions may refer the matter to the competent national authority. The competent authority shall be able to impose sanctions on the undertaking for this breach of its obligations.

Or. en





6. Member States shall ensure that where an undertaking refuses to carry out consultations with stakeholders or does not adequately inform and consult workers or their representatives, stakeholders may refer the matter to the competent national authority

Or. en

Amendment 590

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Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Enikő Győri, József Szájer, Christian Sagartz



1. Member States shall ensure that undertakings make their due diligence strategy publicly available, accessible and free of charge, especially on the undertakings’ websites.

deleted

Or. en





1. Member States shall ensure that undertakings publicly disclose their due diligence strategy, making the following information accessible, comparable and free of charge, especially on the undertakings’ websites.

a) The undertakings policy on human rights, environmental and governance issues in accordance with Art 4(2).b) Information on measures taken to adopt due diligence polices into management systems.c) Identified areas of risk as well as adverse impacts.d) Actions taken to prevent or mitigate those risks including where possible estimated timelines, benchmarks for improvement and the outcomes of those actions.e) Measures to track implementation and results.

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f) Information on provision of or co-operation in any remediation.g) Mapping of the undertaking’s value chain.

Or. en





1. Member States shall ensure that undertakings’ websites publicly communicate the risks identified and the due diligence measures taken in accordance with Article 4, the evaluation and review of the due diligence strategy implemented in accordance with Article 8, and a regular report on its implementation. Undertakings shall make this information publicly available, accessible and free of charge, especially on the undertakings’ websites.

Or. de





1. Member States shall ensure that undertakings make their due diligence strategy mentioned in article 4(4) publicly available, accessible, comparable and free of charge, especially on the undertakings’ websites.

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Undertaking shall also disclose in the same manner:

Or. en





1. Member States shall ensure that undertakings who so desire make their due diligence strategy publicly available, accessible and free of charge on public websites set up for that purpose.

Or. es





1. Member States shall ensure that undertakings make their due diligence strategy publicly available, accessible and free of charge, especially on the undertakings’ websites, whilst respecting trade secrets.

Or. en


Motion for a resolutionArticle 6 – point 1 – point i (new)

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i) the methodology adopted to monitor potential or actual adverse human rights, environmental and governance impacts,

Or. en


Motion for a resolutionArticle 6 – point 1 – point ii (new)


ii) the measures adopted to integrate due diligence policies into the undertaking's activities, and value chain,

Or. en


Motion for a resolutionArticle 6 – point 1 – point iii (new)


iii) the key identified areas and the nature of potential or actual adverse impacts,

Or. en


Motion for a resolutionArticle 6 – point 1 – point iv (new)

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iv) the actions taken to prevent or mitigate key potential or actual adverse impacts, including where possible estimated timelines, benchmarks for improvement and the outcomes of those actions,

Or. en


Motion for a resolutionArticle 6 – point 1 – point v (new)


v) the measures taken to track implementation and results,

Or. en

am com nonlegreport - europape658.905v01-00 6/101 am\1215358en.docx en to this end, it establishes...

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