En En Amendments 1

European Parliament 2019-2024

Committee on Development

2020/2129(INL)

9.10.2020

AMENDMENTS 1 - 126

Draft opinion Marc Tarabella (PE657.424v01-00)

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

AM\1215760EN.docx PE658.786v02-00

EN United in diversityEN AM_Com_NonLegOpinion

PE658.786v02-00 2/69 AM\1215760EN.docx EN Amendment 1 Marc Tarabella, Maria Noichl, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Recital A a (new)

Draft opinion Amendment

Aa. whereas Articles 3 and 21 of the Treaty on European Union state that the Union, in its relations with the wider world, is to uphold and promote its values and principles, namely the rule of law and respect and protection of human rights, and contribute to the sustainable development of the Earth, solidarity, free and fair trade as well as to the strict observance and the development of international law. More specifically, the Union is to foster the sustainable economic, social and environmental development of developing countries with the primary aim of eradicating poverty. It is to respect those principles and pursue those objectives in the development and implementation of the external aspects of its other policies;

Or. en

Amendment 2 Marc Tarabella, Maria Noichl, Mónica Silvana González, Patrizia Toia

Draft opinion Recital A b (new)

Draft opinion Amendment

Ab. whereas Article 208(1) of the Treaty on the Functioning of the European Union (TFEU) provides that the Union is to take account of the objectives of development cooperation in the policies that it implements which are likely to affect developing countries;

AM\1215760EN.docx 3/69 PE658.786v02-00 EN Or. en

Amendment 3 Marc Tarabella, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Recital A c (new)

Draft opinion Amendment

Ac. whereas future legislation on corporate due diligence and corporate accountability for European enterprises would have extraterritorial effects. It would affect the social, economic and environmental development of developing countries and their prospects of achieving their sustainable development goals. This significant impact could contribute to or undermine the Union’s policy objective concerning development;

Or. en

Amendment 4 Frances Fitzgerald

Draft opinion Recital A a (new)

Draft opinion Amendment

Aa. whereas, in accordance with the United Nations Guiding Principles on Business and Human Rights and OECD Guidelines for Multinational Enterprises, companies have a responsibility to respect human rights, the environment and good governance and should not cause or contribute to causing any adverse impacts in this regard;

Or. en

PE658.786v02-00 4/69 AM\1215760EN.docx EN Amendment 5 Frances Fitzgerald

Draft opinion Recital A b (new)

Draft opinion Amendment

Ab. whereas the OECD has shown that companies which took proactive steps to address the risks related to the COVID-19 crisis in a way that mitigates adverse impacts on workers and supply chains are likely to build more long-term value and resilience, improving their viability in the short term and their prospects for recovery in the medium to long term;

Or. en

Amendment 6 Frances Fitzgerald

Draft opinion Recital A c (new)

Draft opinion Amendment

Ac. whereas, according to a Commission study on due diligence in the supply chain, only 37% of business respondents currently conduct environmental and human rights due diligence, and only 16% cover the entire supply chain;

Or. en

Amendment 7 Frances Fitzgerald

Draft opinion Recital A d (new)

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Ad. whereas according to the United Nations High Commissioner for Human Rights a large number of human rights defenders are under threat because they raise concern about adverse human rights impacts of business operations;

Or. en

Amendment 8 Frances Fitzgerald

Draft opinion Recital A e (new)

Draft opinion Amendment

Ae. whereas due diligence is primarily a preventative mechanism and companies should be first and foremost required to identify risks or adverse impacts and adopt policies and measures to address them; whereas in situation where an undertaking causes or contributes to an adverse impact it should provide for a remedy and should be subject to corporate accountability for such impacts; whereas corporate accountability, including for harm linked to an undertaking’s operations, is necessary to ensure that undertakings are incentivised to undertake due diligence and for due diligence to be effective;

Or. en

Amendment 9 Frances Fitzgerald

Draft opinion Recital A f (new)

PE658.786v02-00 6/69 AM\1215760EN.docx EN Draft opinion Amendment

Af. whereas violations of human rights and environmental standards remain widespread in global supply and value chains; whereas voluntary measures have proven insufficient and therefore further measures are essential in order to increase levels of responsible business conduct and enhance confidence in the internal market, including amongst investors and consumers;

Or. en

Amendment 10 Hildegard Bentele, Tomas Tobé

Draft opinion Paragraph -1 (new)

Draft opinion Amendment

-1. Stresses that it is the responsibility of states and governments to safeguard human rights in their countries and that this responsibility shall not be transferred to private actors; recalls that due diligence is primarily a preventive mechanism and that companies should be first and foremost required to identify risks or adverse impacts and adopt policies and measures to mitigate them;

Or. en

Amendment 11 Marc Tarabella, Maria Noichl, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 1

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1. Acknowledges that there is 1. Acknowledges that there is sufficient strong evidence that shows that sufficient strong evidence that shows that the voluntary efforts of Union companies the voluntary efforts of Union companies to prevent and mitigate the negative to prevent and mitigate the negative impacts of their behaviour on developing impacts of their behaviour on developing countries have failed as violations of countries have failed as violations of human rights of individuals, in particular human rights of individuals, in particular worker’s rights, and of local communities worker’s rights, and of local communities are still taking place at the end of the are still taking place at the end of the supply chain; supply chain; notes that the environment continues to suffer the adverse impact of abusive and unethical corporate behaviour which is very often facilitated and exacerbated by corporate corruption practices; is concerned by the impact of the COVID-19 crisis which has dramatically disrupted business and exposed major vulnerabilities in the economy and global supply chains linked to conditions of work and disaster preparedness as well as negatively impacted human rights, in particular workers’ rights; notes, furthermore, that the COVID-19 crisis had negative impact on the environment in partner countries, thereby affecting local populations; is extremely concerned about the severe consequences of those impacts on women;

Or. en

Amendment 12 Barry Andrews, Stéphane Bijoux, Iskra Mihaylova, Catherine Chabaud, Charles Goerens, Jan-Christoph Oetjen

Draft opinion Paragraph 1

Draft opinion Amendment

1. Acknowledges that there is 1. Highlights that there is sufficient sufficient strong evidence that shows that strong evidence that shows that the the voluntary efforts of Union companies voluntary efforts of companies domiciled to prevent and mitigate the negative or operating in the Union to identify,

PE658.786v02-00 8/69 AM\1215760EN.docx EN impacts of their behaviour on developing prevent, mitigate and account for the countries have failed as violations of negative impacts of their behaviour on human rights of individuals, in particular developing countries have not been worker’s rights, and of local communities sufficient, as violations of the human are still taking place at the end of the rights of individuals, in particular women supply chain; and children, and of local communities are still taking place throughout the supply chain, as are violations of environmental standards and corruption abuses; acknowledges that there is growing political, public and private sector support for Union legislation on due diligence to level the playing field, as responsible companies are currently competing with less scrupulous ones;

Or. en

Amendment 13 Antoni Comín i Oliveres

Draft opinion Paragraph 1

Draft opinion Amendment

Or. es

Amendment 14 Hildegard Bentele, Tomas Tobé

AM\1215760EN.docx 9/69 PE658.786v02-00 EN Draft opinion Paragraph 1

Draft opinion Amendment

1. Acknowledges that there is 1. Acknowledges that there is sufficient strong evidence that shows that evidence that shows that voluntary efforts the voluntary efforts of Union companies of companies in the Union are not yet to prevent and mitigate the negative sufficient to prevent and mitigate impacts of their behaviour on developing violations of human rights of individuals, countries have failed as violations of in particular worker’s rights, and of local human rights of individuals, in particular communities at the end of the supply chain; worker’s rights, and of local communities are still taking place at the end of the supply chain;

Or. en

Amendment 15 Ádám Kósa

Draft opinion Paragraph 1

Draft opinion Amendment

1. Acknowledges that there is 1. Regrets that the voluntary efforts of sufficient strong evidence that shows that Union companies to prevent and mitigate the voluntary efforts of Union companies the negative impacts of their behaviour on to prevent and mitigate the negative developing countries are not yet impacts of their behaviour on developing sufficiently effective and that there are countries have failed as violations of still examples of violations of human rights human rights of individuals, in particular of individuals, in particular worker’s rights, worker’s rights, and of local communities and of local communities at the end of the are still taking place at the end of the supply chain; supply chain;

Or. hu

Amendment 16 Beata Kempa on behalf of the ECR Group Emmanouil Fragkos

PE658.786v02-00 10/69 AM\1215760EN.docx EN Draft opinion Paragraph 1

Draft opinion Amendment

Or. en

Amendment 17 Dominique Bilde

Draft opinion Paragraph 1

Draft opinion Amendment

Or. fr

Amendment 18 Michèle Rivasi on behalf of the Greens/EFA Group

Draft opinion Paragraph 1 a (new)

AM\1215760EN.docx 11/69 PE658.786v02-00 EN Draft opinion Amendment

1a. Recalls that the full enjoyment of human rights, including the right to life, health, food and water, depend on biodiversity, which is the foundation of ecosystem services to which human well- being is intimately linked;

Or. en

Amendment 19 György Hölvényi

Draft opinion Paragraph 1 a (new)

Draft opinion Amendment

1a. Notes that the due to the COVID- 19 pandemic the small and medium-sized enterprises face a distressing situation, and their support and the creation of favourable market environment is an outmost interest of the Union;

Or. en

Amendment 20 Dominique Bilde

Draft opinion Paragraph 1 a (new)

Draft opinion Amendment

1a. Notes that some voluntary schemes and particularly some certifications demonstrate a measure of effectiveness in improving corporate accountability and diligence practices;

Or. fr

PE658.786v02-00 12/69 AM\1215760EN.docx EN Amendment 21 Hildegard Bentele, Tomas Tobé

Draft opinion Paragraph 1 b (new)

Draft opinion Amendment

1b. Points out that well calibrated, and ideally “Union certified”, third party certification schemes, because of their in- build broad stakeholder participation, have big potential to pave the way to supply chains which are sustainable in respect of human rights and environmental standards; stresses that developing countries should be supported to implement and spread best practice;

Or. en

Amendment 22 Hildegard Bentele, Tomas Tobé

Draft opinion Paragraph 2

Draft opinion Amendment

2. Believes that there is strong need 2. Believes that there is a need for a for a mandatory, harmonised framework at mandatory, harmonised framework at Union level to ensure a level playing field Union level to ensure a level playing field for business and welcomes the for business based on an impact Commission’s ongoing work on legislation assessment and a careful evaluation requiring that Union companies conduct which has concluded that it is functional due diligence on respect for human rights and applicable to all actors on the market and environmental obligations throughout with more than 500 employees and their supply chains; welcomes the Commission’s ongoing work on legislation requiring that Union companies conduct due diligence on respect for human rights and environmental obligations; draws attention to the risk that companies might withdraw from third countries - which will result in job losses and in loss of cooperation partners for

AM\1215760EN.docx 13/69 PE658.786v02-00 EN smallholders in developing countries - if new requirements prove to impose excessive administrative burdens and uncontrollable risks; considers nevertheless that a multilateral framework is preferable and asks the Commission to participate in negotiations on a UN treaty;

Or. en

Amendment 23 Michèle Rivasi on behalf of the Greens/EFA Group

Draft opinion Paragraph 2

Draft opinion Amendment

2. Believes that there is strong need 2. Believes that there is strong need for a mandatory, harmonised framework at for a mandatory, harmonised framework at Union level to ensure a level playing field Union level to ensure a level playing field for business and welcomes the for business and welcomes the Commission’s ongoing work on legislation Commission’s ongoing work on legislation requiring that Union companies conduct requiring that Union companies conduct due diligence on respect for human rights due diligence on respect for human rights and environmental obligations throughout and environmental obligations, including their supply chains; those related to biodiversity, throughout their supply chains, in accordance with existing international due diligence standards, notably the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the OECD Due Diligence Guidance for Responsible Business Conduct and the UN Convention against Corruption;

Or. en

PE658.786v02-00 14/69 AM\1215760EN.docx EN Amendment 24 Barry Andrews, Stéphane Bijoux, Iskra Mihaylova, Catherine Chabaud, Charles Goerens, Jan-Christoph Oetjen

Draft opinion Paragraph 2

Draft opinion Amendment

2. Believes that there is strong need 2. Believes that there is strong need for a mandatory, harmonised framework at for a mandatory, harmonised framework at Union level to ensure a level playing field Union level to contribute to the for business and welcomes the implementation of the United Nations Commission’s ongoing work on legislation Sustainable Development Goals and the requiring that Union companies conduct Paris Agreement, and to ensure a level due diligence on respect for human rights playing field for business; calls on the and environmental obligations throughout Commission to step up its ongoing work their supply chains; on legislation requiring that companies domiciled or operating in the Union conduct due diligence on respect for human rights and environmental obligations throughout their supply chains; insists on the importance of consultation with developing countries and civil society organisations in both the Union and developing countries;

Or. en

Amendment 25 Manon Aubry

Draft opinion Paragraph 2

Draft opinion Amendment

AM\1215760EN.docx 15/69 PE658.786v02-00 EN obligation to take all reasonable measures to prevent adverse human rights and environmental impacts from occurring in their supply chain and to adequately address such impacts when they occur:

Or. en

Amendment 26 Jan-Christoph Oetjen, María Soraya Rodríguez Ramos

Draft opinion Paragraph 2

Draft opinion Amendment

2. Believes that there is strong need 2. Encourages Member States to for a mandatory, harmonised framework at avoid solitary paths such as developing Union level to ensure a level playing field national due diligence measures for for business and welcomes the national and Union companies; believes Commission’s ongoing work on legislation that there is strong need for a mandatory, requiring that Union companies conduct harmonised framework at Union level to due diligence on respect for human rights ensure a level playing field for business and environmental obligations throughout and welcomes the Commission’s ongoing their supply chains; work on legislation requiring that Union companies and companies operating from within the single market conduct due diligence on respect for human rights and environmental obligations throughout their supply chains;

Or. en

Amendment 27 Beata Kempa on behalf of the ECR Group Emmanouil Fragkos

Draft opinion Paragraph 2

Draft opinion Amendment

2. Believes that there is strong need 2. Believes that there is strong need for a mandatory, harmonised framework at for a harmonised framework at Union level

PE658.786v02-00 16/69 AM\1215760EN.docx EN Union level to ensure a level playing field to ensure a level playing field for business for business and welcomes the and welcomes the Commission’s ongoing Commission’s ongoing work on legislation work on legislation requiring that Union requiring that Union companies conduct companies conduct due diligence on due diligence on respect for human rights respect for human rights and environmental and environmental obligations throughout obligations throughout their supply chains; their supply chains; underlines the importance of multilateral cooperation aimed at defining and agreeing on clear standards based on common principles, against which the activities of the various actors can be assessed;

Or. en

Amendment 28 Dominique Bilde

Draft opinion Paragraph 2

Draft opinion Amendment

2. Believes that there is strong need 2. Believes that it is useful to have for a mandatory, harmonised framework guidelines at Union level to ensure a level at Union level to ensure a level playing playing field for business and which field for business and welcomes the encourage Union companies to conduct Commission’s ongoing work on due diligence on respect for human rights legislation requiring that Union and environmental obligations throughout companies conduct due diligence on their supply chains; notes that these respect for human rights and environmental obligations should take into account the obligations throughout their supply chains; constraints on VSEs and SMEs so as to ensure that they are not put at a disadvantage;

Or. fr

Amendment 29 Beata Kempa on behalf of the ECR Group Emmanouil Fragkos

Draft opinion Paragraph 2

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2. Believes that there is strong need 2. Believes that there is strong need for a mandatory, harmonised framework at for a harmonised framework at Union level Union level to ensure a level playing field to ensure a level playing field for business for business and welcomes the and welcomes the Commission’s ongoing Commission’s ongoing work on legislation work on legislation requiring that Union requiring that Union companies conduct companies conduct due diligence on due diligence on respect for human rights respect for human rights and environmental and environmental obligations throughout obligations throughout their supply chains; their supply chains;

Or. en

Amendment 30 Ádám Kósa

Draft opinion Paragraph 2

Draft opinion Amendment

Or. hu

Amendment 31 Marc Tarabella, Maria Noichl, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 2 a (new)

Draft opinion Amendment

2a. Calls on the Commission to honour the principle of policy coherence

PE658.786v02-00 18/69 AM\1215760EN.docx EN for development, enshrined in Article 208 TFEU, in future legislation; stresses that it is important to minimise the possible contradictions and build synergies with development cooperation policy to the benefit of developing countries and to increase the effectiveness of development cooperation; considers that in practical terms, this means to actively involve DG DEVCO in the ongoing legislative work and to conduct a thorough assessment of the impact of the future legislation on developing countries from an economic, social, human rights and environmental perspective in line with the Better Regulation Guidelines1a and Tool 34 of the Better Regulation Toolbox1b; notes that the results of that assessment should inform the future legislative proposal; ______1a SWD(2017)0350. 1b https://ec.europa.eu/info/files/better- regulation-toolbox-34_en.

Or. en

Amendment 32 Dominique Bilde

Draft opinion Paragraph 2 a (new)

Draft opinion Amendment

2a. Notes that several Member States have already developed a rigorous legislative framework for due diligence, particularly France, with Act No 2017- 399 of 27 March 2017, and that as a result, Member States’ national legislation would doubtless be more effective and appropriate than a European framework;

Or. fr

AM\1215760EN.docx 19/69 PE658.786v02-00 EN Amendment 33 Frances Fitzgerald

Draft opinion Paragraph 2 a (new)

Draft opinion Amendment

2a. Stresses the proven benefits for companies of having effective responsible business conduct practices in place, which include better risk-management, lower cost of capital, overall better financial performance, and enhanced competitiveness;

Or. en

Amendment 34 Dominique Bilde

Draft opinion Paragraph 2 b (new)

Draft opinion Amendment

2b. Underlines that social fraud in particular should also be taken into account in this European framework in the matter of posted workers and that such practices should be combated at European level;

Or. fr

Amendment 35 Marc Tarabella, Maria Noichl, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 3

PE658.786v02-00 20/69 AM\1215760EN.docx EN Draft opinion Amendment

3. Calls on the Commission to apply a 3. Calls on the Commission to apply a human rights-based approach to the future human rights-based approach to the future legislation which shall be designed, legislation which shall be designed, implemented, monitored and evaluated implemented, monitored and evaluated respecting the core human rights principles respecting the core human rights principles of transparency and access to information, of transparency and access to information, inclusion and non-discrimination with a inclusion and non-discrimination with a special focus on the most vulnerable; special focus on the most vulnerable, participation and accountability; stresses that it should be guided by the overarching principle of “do not harm” as it is important to avoid unintended effects and that the legislation should be subjected to a meaningful and inclusive consultation process on the ground with the relevant stakeholders; highlights that process should be carried out in close cooperation with the Union delegations; stresses that the future legislation should be informed by a gender analysis and take into account the specific needs of women and girls;

Or. en

Amendment 36 Dominique Bilde

Draft opinion Paragraph 3

Draft opinion Amendment

AM\1215760EN.docx 21/69 PE658.786v02-00 EN a prohibitive administrative fee;

Or. fr

Amendment 37 Beata Kempa on behalf of the ECR Group Emmanouil Fragkos

Draft opinion Paragraph 3

Draft opinion Amendment

Or. en

Amendment 38 Michèle Rivasi on behalf of the Greens/EFA Group

Draft opinion Paragraph 3

Draft opinion Amendment

PE658.786v02-00 22/69 AM\1215760EN.docx EN special focus on the most vulnerable; particular, stresses that the due diligence obligations must be gender-responsive;

Or. en

Amendment 39 Jan-Christoph Oetjen, María Soraya Rodríguez Ramos

Draft opinion Paragraph 3

Draft opinion Amendment

Or. en

Amendment 40 György Hölvényi

Draft opinion Paragraph 3

Draft opinion Amendment

Or. en

AM\1215760EN.docx 23/69 PE658.786v02-00 EN Amendment 41 Hildegard Bentele, Tomas Tobé

Draft opinion Paragraph 3

Draft opinion Amendment

Or. en

Amendment 42 Marc Tarabella, Maria Noichl, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 3 a (new)

Draft opinion Amendment

3a. Calls on the Commission to embrace a holistic approach that considers the risk of corruption together with the risks to human rights and the environment; notes that the impact of corporate corruption on human rights and environmental damage in developing countries is well documented and that new Union legislation must ensure that businesses do not have an adverse impact on the rule of law and good governance of a country, region or territory, which include, but are not limited to, non- compliance with UN Convention against Corruption, Section VII of the OECD Guidelines for Multinational Enterprises and the principles of the OECD

PE658.786v02-00 24/69 AM\1215760EN.docx EN 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 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

Amendment 43 Michèle Rivasi on behalf of the Greens/EFA Group

Draft opinion Paragraph 3 a (new)

Draft opinion Amendment

3a. Recalls that states have obligations to adopt legal and institutional frameworks that effectively protect against environmental harm that interferes with the enjoyment of human rights; highlights that those obligations apply to biodiversity, as an integral part of the environment; accordingly, calls on the Union and its Member States to regulate harm to biodiversity from private actors as well as government agencies; stresses that it should include obligations to protect their communal property right in the territory and the natural resources they have traditionally used; more broadly, is convinced that climate change mitigation and adaptation must form part of business due diligence obligations;

Or. en

AM\1215760EN.docx 25/69 PE658.786v02-00 EN Amendment 44 Michèle Rivasi on behalf of the Greens/EFA Group

Draft opinion Paragraph 4

Draft opinion Amendment

4. Stresses that all human rights 4. Expresses its deep concern should be covered by the future legislation; regarding the human rights’ impact of considers that emphasis should be placed business activities in developing countries, on workers and trade union rights, women, particularly extractive industries, large- children or indigenous people; stresses that scale agri-business acquisitions and full alignment with existing legal development projects on indigenous obligations and standards at European and peoples, local communities and human international level should be sought; is of rights and environmental defenders; the opinion that the legislation should stresses that the global failure to protect address all types of human rights abuses; biodiversity affects particularly indigenous people and others who closely depend on nature for their material and cultural needs; stresses that all human rights should be covered by the future legislation; in particular, considers that emphasis should be placed on workers and trade union rights, women, children or indigenous people and local communities (notably their rights to Free, Prior and Informed Consent); stresses that full alignment with existing legal obligations and standards at European and international level should be sought; is of the opinion that the legislation should address all types of human rights abuses, including the violation of the right to a healthy environment;

Or. en

Amendment 45 Marc Tarabella, Maria Noichl, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 4

PE658.786v02-00 26/69 AM\1215760EN.docx EN Draft opinion Amendment

4. Stresses that all human rights 4. Stresses that all human rights should be covered by the future legislation; should be covered by the future legislation; considers that emphasis should be placed considers that emphasis should be placed on workers and trade union rights, women, on workers and trade union rights and, in children or indigenous people; stresses that particular, the rights to freedom of full alignment with existing legal association, to collective bargaining and obligations and standards at European and to a living wage; notes that the rights of international level should be sought; is of women and vulnerable groups such as the opinion that the legislation should children and indigenous people should address all types of human rights abuses; also receive special attention; stresses that full alignment with existing legal obligations and standards at European and international level, such as UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, OECD Due Diligence Guidance For Responsible Business Conduct, relevant sector-specific OECD Due Diligence Guidance, and the ILO Tri-partite Declaration of Principles concerning Multinational Enterprises and Social Policy, should be sought; is of the opinion that the legislation should include all types of human rights abuses and not only the most serious ones;

Or. en

Amendment 46 Antoni Comín i Oliveres

Draft opinion Paragraph 4

Draft opinion Amendment

AM\1215760EN.docx 27/69 PE658.786v02-00 EN the opinion that the legislation should standards at European and international address all types of human rights abuses; level should be sought, paying special attention to the ILO Conventions, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child; is of the opinion that the legislation should address all types of human rights abuses;

Or. es

Amendment 47 Manon Aubry

Draft opinion Paragraph 4

Draft opinion Amendment

4. Stresses that all human rights 4. Stresses that all human rights should be covered by the future legislation; should be covered by the future legislation; considers that emphasis should be placed considers that emphasis should be placed on workers and trade union rights, women, on workers and trade union rights, women, children or indigenous people; stresses that children or indigenous people; stresses that full alignment with existing legal full alignment with existing legal obligations and standards at European and obligations and standards at European and international level should be sought; is of international level should be sought; is of the opinion that the legislation should the opinion that the legislation should address all types of human rights abuses; address all types of human rights abuses; is of the opinion that the legislation should also cover adverse impacts to the environment, including when they do not constitute a clear and direct human rights abuse;

Or. en

Amendment 48 Dominique Bilde

Draft opinion Paragraph 4

PE658.786v02-00 28/69 AM\1215760EN.docx EN Draft opinion Amendment

4. Stresses that all human rights 4. Stresses that all human rights should be covered by the future legislation; should be covered by the future guidelines; considers that emphasis should be placed considers that emphasis should be placed on workers and trade union rights, women, on workers and trade union rights, women, children and indigenous people; stresses children and indigenous people; stresses that full alignment with existing legal that full alignment with existing legal obligations and standards at European and obligations and standards at European and international level should be sought; is of international level, particularly the opinion that the legislation should International Labour Organization address all types of human rights abuses; conventions, should be sought; is of the opinion that the guidelines should address all types of human rights abuses;

Or. fr

Amendment 49 György Hölvényi

Draft opinion Paragraph 4

Draft opinion Amendment

Or. en

Amendment 50 Hildegard Bentele, Tomas Tobé

AM\1215760EN.docx 29/69 PE658.786v02-00 EN Draft opinion Paragraph 4

Draft opinion Amendment

Or. en

Amendment 51 Ádám Kósa

Draft opinion Paragraph 4

Draft opinion Amendment

Or. hu

Amendment 52 Barry Andrews, Stéphane Bijoux, Iskra Mihaylova, Catherine Chabaud, Charles Goerens, Jan-Christoph Oetjen

PE658.786v02-00 30/69 AM\1215760EN.docx EN Draft opinion Paragraph 4

Draft opinion Amendment

Or. en

Amendment 53 Barry Andrews, Stéphane Bijoux, Iskra Mihaylova, Catherine Chabaud, Charles Goerens

Draft opinion Paragraph 4 a (new)

Draft opinion Amendment

4a. Strongly believes that future legislation should also mandate environmental due diligence, to ensure compliance with Union and internationally recognised environmental standards and rights, including on climate change and biodiversity;

Or. en

Amendment 54 Dominique Bilde

Draft opinion Paragraph 4 a (new)

AM\1215760EN.docx 31/69 PE658.786v02-00 EN Draft opinion Amendment

4a. Underlines the need to stress and combat child labour, particularly in its worst forms as set out in Convention No 182 of the International Labour Organization;

Or. fr

Amendment 55 Hildegard Bentele, Tomas Tobé

Draft opinion Paragraph 5

Draft opinion Amendment

5. Highlights that the obligation to 5. Highlights that the obligation to respect and protect human rights, the respect and protect human rights and the environment and to avoid the risk of environment should focus on the first tier corruption should be embedded of the supply chain outside of the Union throughout whole global value chains, and on direct contractual business products, services and business relationships; calls for better legal relationships; frameworks and better implementation and monitoring of human rights and environmental standards and protection of human rights and environmental protection defenders in developing countries and affirms the Union’s readiness to support developing countries in institution-building and training of legal and administrative experts through development aid as well as through political dialogue;

Or. en

Amendment 56 Jan-Christoph Oetjen, María Soraya Rodríguez Ramos

Draft opinion Paragraph 5

PE658.786v02-00 32/69 AM\1215760EN.docx EN Draft opinion Amendment

5. Highlights that the obligation to 5. Highlights that the obligation to respect and protect human rights, the respect and protect human rights, the environment and to avoid the risk of environment and to avoid the risk of corruption should be embedded corruption lies with states and throughout whole global value chains, governments, but in a globalised and products, services and business digitised world the responsibility to relationships; observe and protect human rights must be borne by the entire international community; encourages the Union to provide assistance and access to advice and recommendations regarding the development of domestic legislation and policies relating to business and human rights in third countries;

Or. en

Amendment 57 Michèle Rivasi on behalf of the Greens/EFA Group

Draft opinion Paragraph 5

Draft opinion Amendment

5. Highlights that the obligation to 5. Highlights that the obligation to respect and protect human rights, the respect and protect human rights, the environment and to avoid the risk of environment and to avoid the risk of corruption should be embedded throughout corruption should be embedded throughout whole global value chains, products, whole global value chains, products, services and business relationships; services and business relationships and apply equally to financial institutions, including the European Investment Bank and the European Bank for Reconstruction and Development;

Or. en

Amendment 58 Dominique Bilde

AM\1215760EN.docx 33/69 PE658.786v02-00 EN Draft opinion Paragraph 5

Draft opinion Amendment

5. Highlights that the obligation to 5. Highlights that the obligation to respect and protect human rights, the respect and protect human rights, the environment and to avoid the risk of environment and to avoid the risk of corruption should be embedded throughout corruption should be embedded throughout whole global value chains, products, the whole global value chains, products, services and business relationships; services and business relationships, and notes in particular the need to take into account the specific risks associated with conflict zones;

Or. fr

Amendment 59 Beata Kempa on behalf of the ECR Group Emmanouil Fragkos

Draft opinion Paragraph 5

Draft opinion Amendment

5. Highlights that the obligation to 5. Highlights that the requirements respect and protect human rights, the with regard to respect and protection of environment and to avoid the risk of human rights, the environment and to avoid corruption should be embedded throughout the risk of corruption should be embedded whole global value chains, products, throughout whole global value chains, services and business relationships; products, services and business relationships;

Or. en

Amendment 60 Barry Andrews, Stéphane Bijoux, Iskra Mihaylova, Catherine Chabaud, Charles Goerens

Draft opinion Paragraph 5

PE658.786v02-00 34/69 AM\1215760EN.docx EN Draft opinion Amendment

5. Highlights that the obligation to 5. Highlights that the obligation to respect and protect human rights, the respect and protect human rights, environment and to avoid the risk of environmental standards and to avoid the corruption should be embedded throughout risk of corruption, should be embedded whole global value chains, products, throughout global value chains, products, services and business relationships; services and business relationships;

Or. en

Amendment 61 Hildegard Bentele

Draft opinion Paragraph 6

Draft opinion Amendment

6. Is of the opinion that the new deleted legislation should apply to all sectors, to all types of enterprises, whether public or private, and of all size across the Union; considers that the focus should be placed on the risks;

Or. en

Amendment 62 Jan-Christoph Oetjen

Draft opinion Paragraph 6

Draft opinion Amendment

Or. en

AM\1215760EN.docx 35/69 PE658.786v02-00 EN Amendment 63 Manon Aubry

Draft opinion Paragraph 6

Draft opinion Amendment

6. Is of the opinion that the new 6. Is of the opinion that future Union legislation should apply to all sectors, to all due diligences legislation should apply to types of enterprises, whether public or all sectors, to all types of undertakings, private, and of all size across the Union; whether public or private, and of all size considers that the focus should be placed across the Union, including undertakings on the risks; that are not established in the Union and operate in the internal market; stresses that, if necessary, undertakings should prioritise their due diligence strategy taking into consideration the severity and the likelihood of human rights, environmental and governance risks; recalls that regardless of the prioritisation chosen by the undertaking, it should be held liable for adverse human rights and environmental impacts of its supply chain unless it proves that it has acted with due diligence;

Or. en

Amendment 64 Tomas Tobé

Draft opinion Paragraph 6

Draft opinion Amendment

6. Is of the opinion that the new 6. Is of the opinion that any new legislation should apply to all sectors, to legislation should firstly apply to sectors all types of enterprises, whether public or with larger risks for abuses, learning from private, and of all size across the Union; the experience of implementation of the considers that the focus should be placed Regulation (EU) 2017/821 of the on the risks; European Parliament and of the Council1a; notes in this regard that that regulation has yet to come into full force;

PE658.786v02-00 36/69 AM\1215760EN.docx EN considers that obligations under any new legislation must reflect the size of companies and the nature of their type of operations; stresses that the focus should be placed on the risks; ______1a 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

Amendment 65 Antoni Comín i Oliveres

Draft opinion Paragraph 6

Draft opinion Amendment

6. Is of the opinion that the new 6. Is of the opinion that the new legislation should apply to all sectors, to all legislation should apply to all sectors, to all types of enterprises, whether public or types of enterprises, whether public or private, and of all size across the Union; private, and of all size across the Union; considers that the focus should be placed considers that the focus should be placed on the risks; on classifying the types of risks entailed by the activities of businesses residing within the Union, and on defining in which States and regions human rights violations are most likely to occur on account of local authorities’ unwillingness or lack of capacity;

Or. es

Amendment 66 Marc Tarabella, Maria Noichl, Udo Bullmann, Mónica Silvana González, Patrizia Toia

AM\1215760EN.docx 37/69 PE658.786v02-00 EN Draft opinion Paragraph 6

Draft opinion Amendment

6. Is of the opinion that the new 6. Is of the opinion that the new legislation should apply to all sectors, to all legislation should apply to all sectors, to all types of enterprises, whether public or types of enterprises, whether public or private, and of all size across the Union; private and of all size across the Union; considers that the focus should be placed considers that the focus should be on on the risks; sectors that present heightened human rights risks, including mining, food and agriculture, oil and gas, textiles, garments, leather, and footwear; believes that such horizontal approach should be supplemented by more specific standards and guidance at sector level;

Or. en

Amendment 67 Antoni Comín i Oliveres

Draft opinion Paragraph 6

Draft opinion Amendment

6. Is of the opinion that the new 6. Is of the opinion that the new legislation should apply to all sectors, to all legislation should apply to all sectors, to all types of enterprises, whether public or types of enterprises, whether public or private, and of all size across the Union; private, and of all size across the Union; considers that the focus should be placed stresses the importance of government on the risks; agencies in the Member States taking into account the criteria of the new legislation when carrying out projects supporting the internationalisation of enterprises residing within their territory; considers that the focus should be placed on the risks;

Or. es

Amendment 68 Barry Andrews, Stéphane Bijoux, Iskra Mihaylova, Catherine Chabaud, Charles

PE658.786v02-00 38/69 AM\1215760EN.docx EN Goerens

Draft opinion Paragraph 6

Draft opinion Amendment

6. Is of the opinion that the new 6. Is of the opinion that the new legislation should apply to all sectors, to all legislation should apply to all sectors, to all types of enterprises, whether public or types of enterprises, whether public or private, and of all size across the Union; private, and of all sizes domiciled or considers that the focus should be placed operating in the Union, while upholding on the risks; the principle of proportionality; considers that the focus should be placed on the risks and that there should be positive incentives for companies that can demonstrate high levels of compliance with the ambitions of the new legislation;

Or. en

Amendment 69 Dominique Bilde

Draft opinion Paragraph 6

Draft opinion Amendment

6. Is of the opinion that the new 6. Is of the opinion that the new legislation should apply to all sectors, to European framework should apply to all all types of enterprises, whether public or sectors, to all types of enterprises, whether private and of all size across the Union; public or private and of all size across the considers that the focus should be placed Union; considers that the focus should be on the risks; placed on the risks, taking into account the risks which apply specifically to VSEs and SMEs and those which apply specifically to conflict zones;

Or. fr

Amendment 70 Beata Kempa on behalf of the ECR Group Emmanouil Fragkos

AM\1215760EN.docx 39/69 PE658.786v02-00 EN Draft opinion Paragraph 6

Draft opinion Amendment

6. Is of the opinion that the new 6. Is of the opinion that the new legislation should apply to all sectors, to legislation should follow the sectorial all types of enterprises, whether public or approach, be impact assessed and should private, and of all size across the Union; pay special attention to small and considers that the focus should be placed medium-sized enterprises to avoid on the risks; excessive burdens;

Or. en

Amendment 71 Ádám Kósa

Draft opinion Paragraph 6

Draft opinion Amendment

6. Is of the opinion that the new 6. Is of the opinion that the new legislation should apply to all sectors, to legislation can only be applied to all all types of enterprises, whether public or sectors and all types of enterprises, whether private, and of all size across the Union; public or private, if it is sufficiently considers that the focus should be placed differentiated; considers that the focus on the risks; should be placed on good practice rather than the risks;

Or. hu

Amendment 72 György Hölvényi

Draft opinion Paragraph 6

Draft opinion Amendment

6. Is of the opinion that the new 6. Is of the opinion that the new legislation should apply to all sectors, to all legislation should apply to all sectors, types of enterprises, whether public or without jeopardising the competitiveness private, and of all size across the Union; of Union enterprises, with special regard

PE658.786v02-00 40/69 AM\1215760EN.docx EN considers that the focus should be placed to small and medium-sized enterprises; on the risks; considers that the focus should be placed on the risks;

Or. en

Amendment 73 Hildegard Bentele

Draft opinion Paragraph 6 a (new)

Draft opinion Amendment

6a. Renews its call to the Commission to propose legislation on the supply chain due diligence issue requirements for human rights and social and environmental standards while guaranteeing a level playing field for Union companies, especially small and medium-sized enterprises (SMEs), with the overarching goal of establishing sustainable, crisis-resilient, human rights respecting value chains; stresses the importance to carry out an impact assessment to design rules that enhance competitiveness, are functional and applicable to all actors on the market, including SMEs, to ensure that such a framework be WTO compliant; recommends that SMEs are provided adequate support and transition time in order to adapt their business operations to the new rules; insists on the importance to engage and consult with all relevant stakeholders in the definition of such a proposal;

Or. en

Amendment 74 Jan-Christoph Oetjen, María Soraya Rodríguez Ramos

AM\1215760EN.docx 41/69 PE658.786v02-00 EN Draft opinion Paragraph 6 a (new)

Draft opinion Amendment

6a. Is of the opinion that the new legislation should be based on the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, especially with regards to a size, risk based and sector-specific approach; is of the opinion that small and medium-sized enterprises should receive additional support in implementing the due diligence process in their undertakings;

Or. en

Amendment 75 Frances Fitzgerald

Draft opinion Paragraph 6 a (new)

Draft opinion Amendment

6a. Stresses that the future legislation should be informed by a gender analysis and take into account the specific needs of women and girls; considers that companies must take into account the gender impact of their activities through a gender-responsive human rights due diligence process;

Or. en

Amendment 76 Marc Tarabella, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 6 a (new)

PE658.786v02-00 42/69 AM\1215760EN.docx EN Draft opinion Amendment

6a. Stresses that due diligence strategies should be aligned with the Sustainable Development Goals, the Paris Agreement and Union policy objectives in the field of human rights and the environment, including the European Green Deal, and the international policy of the Union;

Or. en

Amendment 77 Marc Tarabella, Maria Noichl, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 6 b (new)

Draft opinion Amendment

6b. Strongly believes that climate change mitigation and adaptation, in line with the goal of the Paris Agreement to hold the increase in the global average temperature to 1.5 degrees Celsius above pre-industrial levels, must form part of businesses’ due diligence obligations under the new legislation; in addition, business enterprises should also address the climate change-related vulnerabilities of people impacted by their business operations;

Or. en

Amendment 78 Hildegard Bentele

Draft opinion Paragraph 7

AM\1215760EN.docx 43/69 PE658.786v02-00 EN Draft opinion Amendment

7. Is of the opinion that the future deleted legislation should establish mandatory and effective corporate due diligence processes covering companies’ activities and their business relationships, including their supply and subcontracting chains;

Or. en

Amendment 79 Marc Tarabella, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 7

Draft opinion Amendment

7. Is of the opinion that the future 7. Is of the opinion that the future legislation should establish mandatory and legislation should establish mandatory and effective corporate due diligence processes effective corporate due diligence processes covering companies’ activities and their covering companies’ activities and their business relationships, including their business relationships, including their supply and subcontracting chains; supply and subcontracting chains; stresses that it should ensure the full and active involvement in the due diligence processes of those affected such as the trade unions and worker’s representatives but also local communities in the developing countries; notes that those processes should be aligned with international, European and Union guidelines and standards; stresses that the legislation should oblige companies to adopt a due diligence policy duly articulated in a plan with clear objectives, concrete actions, expected results and indicators to measure progress; is of the opinion that there should be a clear obligation for companies and investors to identify and assess actual and potential risks, act upon the findings in order to cease and prevent negative impacts, track the implementation and the results and

PE658.786v02-00 44/69 AM\1215760EN.docx EN communicate how impacts have been addressed; notes that the plan should be adequately resourced and have a strong and inclusive monitoring mechanism; considers that companies should equip themselves with human rights, environmental and anti-corruption experts in order to guide the design and implementation of the policy and the plan as well as other possible related decisions; stresses that this type of expertise should also be part of the company’s management structures; believes that support measures should be foreseen for certain companies if needed;

Or. en

Amendment 80 Manon Aubry

Draft opinion Paragraph 7

Draft opinion Amendment

Or. en

Amendment 81 Tomas Tobé

AM\1215760EN.docx 45/69 PE658.786v02-00 EN Draft opinion Paragraph 7

Draft opinion Amendment

7. Is of the opinion that the future 7. Is of the opinion that any future legislation should establish mandatory and legislation should lay down standards for effective corporate due diligence processes effective corporate due diligence processes covering companies’ activities and their covering companies’ activities and their business relationships, including their business relationships, including their supply and subcontracting chains; supply and subcontracting chains; considers that OECD Guidelines for Multinational Enterprises should serve as the basis for such standards;

Or. en

Amendment 82 Barry Andrews, Stéphane Bijoux, Iskra Mihaylova, Catherine Chabaud, Charles Goerens

Draft opinion Paragraph 7

Draft opinion Amendment

Or. en

Amendment 83 Jan-Christoph Oetjen

Draft opinion Paragraph 7

PE658.786v02-00 46/69 AM\1215760EN.docx EN Draft opinion Amendment

Or. en

Amendment 84 György Hölvényi

Draft opinion Paragraph 7

Draft opinion Amendment

Or. en

Amendment 85 Michèle Rivasi on behalf of the Greens/EFA Group

Draft opinion Paragraph 7

Draft opinion Amendment

AM\1215760EN.docx 47/69 PE658.786v02-00 EN business relationships, including their activities and their business relationships, supply and subcontracting chains; including their supply and subcontracting chains;

Or. en

Amendment 86 Ádám Kósa

Draft opinion Paragraph 7

Draft opinion Amendment

7. Is of the opinion that the future 7. Is of the opinion that the future legislation should establish mandatory and legislation should establish swift and effective corporate due diligence processes effective corporate due diligence processes covering companies’ activities and their covering companies’ activities and their business relationships, including their business relationships, including their supply and subcontracting chains; supply and subcontracting chains;

Or. hu

Amendment 87 Dominique Bilde

Draft opinion Paragraph 7

Draft opinion Amendment

7. Is of the opinion that the future 7. Is of the opinion that the future legislation should establish mandatory and guidelines should establish effective effective corporate due diligence processes corporate due diligence processes covering covering companies’ activities and their companies’ activities and their business business relationships, including their relationships, including their supply and supply and subcontracting chains; subcontracting chains;

Or. fr

Amendment 88 Beata Kempa on behalf of the ECR Group

PE658.786v02-00 48/69 AM\1215760EN.docx EN Emmanouil Fragkos

Draft opinion Paragraph 7

Draft opinion Amendment

7. Is of the opinion that the future 7. Is of the opinion that the future legislation should establish mandatory and legislation should establish effective effective corporate due diligence processes corporate due diligence processes covering covering companies’ activities and their companies’ activities and their business business relationships, including their relationships, including their supply and supply and subcontracting chains; subcontracting chains;

Or. en

Amendment 89 Frances Fitzgerald

Draft opinion Paragraph 7 a (new)

Draft opinion Amendment

7a. Considers that there should be active involvement in the due diligence process of those affected such as the trade unions and worker’s representatives but also local communities and human rights defenders in the developing countries; furthermore, considers that consultations with indigenous peoples must be undertaken in accordance the internationally agreed standards of ongoing free, prior and informed consent;

Or. en

Amendment 90 Marc Tarabella, Maria Noichl, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 7 a (new)

AM\1215760EN.docx 49/69 PE658.786v02-00 EN Draft opinion Amendment

7a. Expects the future legislation to create duties for financial institutions through the clarification of investor’s duties as well as those of the company boards; stresses that the new legislation should also address the question of how to measure and report effectively;

Or. en

Amendment 91 Frances Fitzgerald

Draft opinion Paragraph 7 b (new)

Draft opinion Amendment

7b. Believes that there should be a clear obligation for companies and investors to identify and assess actual and potential risks (including gender sensitive assessments), act upon the findings in order to cease and prevent negative impacts and communicate how impacts have been addressed;

Or. en

Amendment 92 Antoni Comín i Oliveres

Draft opinion Paragraph 8

Draft opinion Amendment

PE658.786v02-00 50/69 AM\1215760EN.docx EN legislation, in particular, at local level; legislation, in particular, at local level; considers that a special effort has to be made to monitor business activities carried out in higher risk countries and regions;

Or. es

Amendment 93 Tomas Tobé

Draft opinion Paragraph 8

Draft opinion Amendment

8. Underlines the need to design a 8. Underlines the need to design a sound monitoring system and to provide sound monitoring system and to provide competent authorities (at Union and at competent authorities (at Union and at national level) with effective instruments to national level) with effective instruments to monitor the compliance with the monitor and enforce compliance with such legislation, in particular at local level; legislation, in particular at local level; stresses the importance of harmonised monitoring and enforcement across the Union to establish a level-playing field between Member States;

Or. en

Amendment 94 Barry Andrews, Stéphane Bijoux, Iskra Mihaylova, Catherine Chabaud, Charles Goerens

Draft opinion Paragraph 8

Draft opinion Amendment

8. Underlines the need to design a 8. Underlines the need to design a sound monitoring system and to provide sound monitoring and accountability competent authorities (at Union and at system and to provide competent national level) with effective instruments to authorities (at Union and at national level) monitor the compliance with the with effective instruments to monitor the legislation, in particular at local level; compliance with the legislation, in

AM\1215760EN.docx 51/69 PE658.786v02-00 EN particular at local level;

Or. en

Amendment 95 Hildegard Bentele, Tomas Tobé

Draft opinion Paragraph 8 a (new)

Draft opinion Amendment

8a. Considers that Member states should provide for sanctions applicable to infringements of the national provisions adopted in accordance with future due diligence legislation and should take all the measures necessary to ensure that those sanctions are enforced; stresses that the sanctions provided for should take into account the severity and repeated nature of the infringements committed and be effective, proportionate and dissuasive.

Or. en

Amendment 96 Dominique Bilde

Draft opinion Paragraph 8 a (new)

Draft opinion Amendment

8a. Underlines the need to prioritise the development of a reliable and robust framework of sectoral certifications to encourage economic actors to take action voluntarily;

Or. fr

PE658.786v02-00 52/69 AM\1215760EN.docx EN Amendment 97 Hildegard Bentele

Draft opinion Paragraph 9

Draft opinion Amendment

9. Expresses the opinion that the deleted future legislation should establish a comprehensive system of liability that includes administrative, civil and criminal liability, and a sanctioning mechanism to enforce compliance with the new legislation and ensure enforcement, including through penalties and sanctions of all nature;

Or. en

Amendment 98 Dominique Bilde

Draft opinion Paragraph 9

Draft opinion Amendment

Or. fr

Amendment 99 Michèle Rivasi on behalf of the Greens/EFA Group

AM\1215760EN.docx 53/69 PE658.786v02-00 EN Draft opinion Paragraph 9

Draft opinion Amendment

9. Expresses the opinion that the 9. Expresses the opinion that the future legislation should establish a future legislation should establish a comprehensive system of liability that comprehensive system of liability that includes administrative, civil and criminal includes administrative, civil and criminal liability, and a sanctioning mechanism to liability, and a sanctioning mechanism to enforce compliance with the new enforce compliance with the new legislation and ensure enforcement, legislation and ensure enforcement, including through penalties and sanctions including through penalties, such as of all nature; exclusion from public procurement, and sanctions of all nature; in addition, urges the Union and its Member States to make the fight against environmental crime an overriding strategic political priority in international judicial cooperation and for institutions and Conferences of the Parties to the United Nations Framework Convention on Climate Change, notably by promoting compliance with multilateral environmental agreements through the adoption of criminal sanctions, exchange of best practices and by promoting the enlargement of the scope of the International Criminal Court to cover criminal acts that would amount to ecocide;

Or. en

Amendment 100 Ádám Kósa

Draft opinion Paragraph 9

Draft opinion Amendment

PE658.786v02-00 54/69 AM\1215760EN.docx EN legislation and ensure enforcement, including through penalties and sanctions of all nature;

Or. hu

Amendment 101 Jan-Christoph Oetjen

Draft opinion Paragraph 9

Draft opinion Amendment

Or. en

Amendment 102 György Hölvényi

Draft opinion Paragraph 9

Draft opinion Amendment

AM\1215760EN.docx 55/69 PE658.786v02-00 EN legislation and ensure enforcement, compliance with the new legislation and including through penalties and sanctions ensure enforcement, including through of all nature; penalties and sanctions of all nature and stresses that regulatory requirements need to be sufficiently clear for companies to be able to comply with those requirements and know how to avoid sanctions;

Or. en

Amendment 103 Barry Andrews, Stéphane Bijoux, Iskra Mihaylova, Catherine Chabaud

Draft opinion Paragraph 9

Draft opinion Amendment

Or. en

Amendment 104 Beata Kempa on behalf of the ECR Group Emmanouil Fragkos

Draft opinion Paragraph 9

Draft opinion Amendment

9. Expresses the opinion that the 9. Expresses the opinion that the future legislation should establish a future legislation should establish a

PE658.786v02-00 56/69 AM\1215760EN.docx EN comprehensive system of liability that comprehensive system of liability that includes administrative, civil and criminal includes administrative, civil and criminal liability, and a sanctioning mechanism to liability to enforce compliance with the enforce compliance with the new new legislation; legislation and ensure enforcement, including through penalties and sanctions of all nature;

Or. en

Amendment 105 Tomas Tobé

Draft opinion Paragraph 9

Draft opinion Amendment

9. Expresses the opinion that the 9. Expresses the opinion that the future legislation should establish a future legislation should establish a system comprehensive system of liability that of liability that could include includes administrative, civil and criminal administrative, civil and criminal liability, liability, and a sanctioning mechanism to as appropriate, while respecting enforce compliance with the new differences in legal system of Member legislation and ensure enforcement, States, including through a sanctioning including through penalties and sanctions mechanism to enforce compliance with the of all nature; new legislation and ensure enforcement;

Or. en

Amendment 106 Manon Aubry

Draft opinion Paragraph 9 a (new)

Draft opinion Amendment

9a. Recalls the wide and effective range of administrative sanctions existing under Union law, particularly in competition and data protection law; calls for clear, proportionate, effective and dissuasive administrative sanctions in case of breaches of undertakings’ due

AM\1215760EN.docx 57/69 PE658.786v02-00 EN diligence obligations, including significant fines, bans from public procurement and public support schemes, as well as seizure of commodities;

Or. en

Amendment 107 Manon Aubry

Draft opinion Paragraph 9 b (new)

Draft opinion Amendment

9b. Underlines the crucial importance of civil liability mechanisms to provide access to remedy for victims before Union courts; stresses that barriers to access to remedy should be lifted, including through a reversal of the burden of proof, adequate statutes of limitations, support regarding legal costs, and the modification of private international law norms;

Or. en

Amendment 108 Marc Tarabella, Maria Noichl, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 10

Draft opinion Amendment

PE658.786v02-00 58/69 AM\1215760EN.docx EN human rights violations, environmental considers, in addition, that they should damage and corruption abuses, individually provide for effective judicial remedies to and through collective actions; believes victims of human rights violations, that special protection should be provided environmental damage and corruption to human rights defenders and its lawyers; abuses, individually and through collective actions; believes that special protection should be provided to human rights defenders and their lawyers; considers that other non-judicial remedies should also be provided for; believes, in that regard, that the legislation should consider the possibility of setting up a Union grievance mechanism which could be managed by Union delegations and whereby victims and populations affected by abuses committed by the Union enterprises and their supply chains could file complaints; considers that that mechanism should be coordinated at a central level by the relevant Union institutions, bodies, offices and agencies and adequately resourced;

Or. en

Amendment 109 Hildegard Bentele, Tomas Tobé

Draft opinion Paragraph 10

Draft opinion Amendment

10. Stresses that access to effective 10. Stresses that provisions on remedy is crucial; considers that the effective remedy should be included; legislation should oblige companies to considers that the legislation should set have an effective grievance mechanism appropriate standards for companies to that should be transparent, accessible, have an effective grievance mechanism predictable, safe, trustworthy and that should be transparent, accessible, accountable; considers, in addition, that predictable, safe, trustworthy and such mechanism should provide for accountable; effective judicial remedies to victims of human rights violations, environmental damage and corruption abuses, individually and through collective actions; believes that special protection should be provided to human rights

AM\1215760EN.docx 59/69 PE658.786v02-00 EN defenders and its lawyers;

Or. en

Amendment 110 Michèle Rivasi on behalf of the Greens/EFA Group

Draft opinion Paragraph 10

Draft opinion Amendment

10. Stresses that access to effective 10. Stresses that access to effective remedy is crucial; considers that the remedy is crucial; considers that the legislation should oblige companies to legislation should oblige companies to have an effective grievance mechanism have an effective grievance mechanism that should be transparent, accessible, that should be transparent, accessible, predictable, safe, trustworthy and predictable, safe, trustworthy and accountable; considers, in addition, that accountable, including in export such mechanism should provide for processing zones, which are often effective judicial remedies to victims of characterised by exemptions from labour human rights violations, environmental laws and taxes and face severe problems damage and corruption abuses, individually related to decent work and trade union and through collective actions; believes restrictions; considers, in addition, that that special protection should be provided such mechanism should provide for to human rights defenders and its lawyers; effective judicial remedies to victims of human rights violations, environmental damage and corruption abuses, individually and through collective actions; believes that special protection should be provided to human rights defenders and its lawyers;

Or. en

Amendment 111 Jan-Christoph Oetjen

Draft opinion Paragraph 10

Draft opinion Amendment

10. Stresses that access to effective 10. Stresses that access to effective remedy is crucial; considers that the remedy is crucial; considers that the

PE658.786v02-00 60/69 AM\1215760EN.docx EN legislation should oblige companies to legislation should oblige companies to have an effective grievance mechanism have an effective grievance mechanism that should be transparent, accessible, that should be transparent, accessible, predictable, safe, trustworthy and predictable, safe, trustworthy and accountable; considers, in addition, that accountable; believes that special such mechanism should provide for protection should be provided to human effective judicial remedies to victims of rights defenders and its lawyers; human rights violations, environmental damage and corruption abuses, individually and through collective actions; believes that special protection should be provided to human rights defenders and its lawyers;

Or. en

Amendment 112 Dominique Bilde

Draft opinion Paragraph 10

Draft opinion Amendment

10. Stresses that access to effective 10. Stresses that access to effective remedy is crucial; considers that the remedy is crucial; considers that the policy legislation should oblige companies to framework should encourage companies have an effective grievance mechanism to have an effective grievance mechanism that should be transparent, accessible, that should be transparent, accessible, predictable, safe, trustworthy and predictable, safe, trustworthy and accountable; considers, in addition, that accountable; considers, in addition, that such mechanism should provide for there is a need to provide for effective effective judicial remedies to victims of judicial remedies to victims of human human rights violations, environmental rights violations, environmental damage damage and corruption abuses, individually and corruption abuses, individually and and through collective actions; believes through collective actions; believes that that special protection should be provided special protection should be provided to to human rights defenders and its lawyers; human rights defenders and its lawyers and that the Member States should set out how to achieve this in their national legislation;

Or. fr

AM\1215760EN.docx 61/69 PE658.786v02-00 EN Amendment 113 György Hölvényi

Draft opinion Paragraph 10

Draft opinion Amendment

10. Stresses that access to effective 10. Stresses that due diligence remedy is crucial; considers that the legislation should ensure competitive legislation should oblige companies to advantage for Union companies in the have an effective grievance mechanism short and medium term; considers that the that should be transparent, accessible, legislation should oblige companies to predictable, safe, trustworthy and have an effective grievance mechanism accountable; considers, in addition, that that should be transparent, accessible, such mechanism should provide for predictable, safe, trustworthy and effective judicial remedies to victims of accountable; considers, in addition, that human rights violations, environmental such mechanism should provide for damage and corruption abuses, individually effective judicial remedies to victims of and through collective actions; believes human rights violations, environmental that special protection should be provided damage and corruption abuses, individually to human rights defenders and its lawyers; and through collective actions; believes that fair legal procedures should be provided to human rights defenders and its lawyers;

Or. en

Amendment 114 Manon Aubry

Draft opinion Paragraph 10

Draft opinion Amendment

10. Stresses that access to effective 10. Stresses that access to effective remedy is crucial; considers that the remedy is crucial; recalls that states have legislation should oblige companies to the primary duty to provide access to have an effective grievance mechanism remedy; underlines that corporate that should be transparent, accessible, grievance mechanisms are only meant to predictable, safe, trustworthy and work as early-warning systems, allow for accountable; considers, in addition, that emergency relief and remedies for small such mechanism should provide for damages; considers that the legislation effective judicial remedies to victims of could oblige companies to have an human rights violations, environmental effective grievance mechanism that should damage and corruption abuses, be transparent, accessible, predictable,

PE658.786v02-00 62/69 AM\1215760EN.docx EN individually and through collective safe, trustworthy and accountable; stresses actions; believes that special protection that such mechanisms must be certified by should be provided to human rights public authorities and that they should defenders and its lawyers; never prevent a claimant to access public courts;

Or. en

Amendment 115 Antoni Comín i Oliveres

Draft opinion Paragraph 10 a (new)

Draft opinion Amendment

10a. Stresses the importance of victims of human rights violations caused directly or indirectly by the activities of companies residing within an EU Member State being able to take legal action in the courts of that Member State when the courts in the States in which the human rights violations occurred are unwilling or unable to remedy the harm done; is concerned that victims of human rights violations in the developing countries may encounter difficulties in obtaining effective judicial remedies from courts in the Member States owing to a lack of resources to take legal action; considers that a consultation process involving all interested parties, and in particular trade unions and civil society organisations, needs to be conducted in those areas where human rights violations are most likely to occur, so that mechanisms are established in the future directive on due diligence that guarantee access for the most vulnerable groups to effective judicial protection in Member State courts;

Or. es

AM\1215760EN.docx 63/69 PE658.786v02-00 EN Amendment 116 Marc Tarabella, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 10 a (new)

Draft opinion Amendment

10a. Stresses that complementarity and coordination with development cooperation policy, instruments and actors is decisive and that the future legislation should therefore provide for some provisions in this regard;

Or. en

Amendment 117 Marc Tarabella, Maria Noichl, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 10 b (new)

Draft opinion Amendment

10b. Stresses that local civil society remains a key partner in implementation and monitoring of the future legislation; notes, therefore, that the legislation should ensure that civil society mechanisms have a sustainable stream of resources and create transparent and structured channels for civil society to interact with corporate and government entities;

Or. en

Amendment 118 Michèle Rivasi on behalf of the Greens/EFA Group

Draft opinion Paragraph 11

PE658.786v02-00 64/69 AM\1215760EN.docx EN Draft opinion Amendment

11. Is convinced that it is crucial to 11. Recalls the principle of policy make the sustainable development chapters coherence for development, requiring that of free trade agreements more enforceable the objectives of development cooperation and that the new legislation should be taken into account in policies that are explore ways of integrating the due likely to affect developing countries; diligence requirements into those stresses that corporate due diligence chapters. across the entire value chain should be at the heart of the forthcoming Union trade policy review; emphasises the importance of mainstreaming and enforcing social, environmental and human rights due diligence obligations within all new and existing trade mechanisms such as free trade agreements, investment agreements, economic partnership agreements or generalised schemes of preferences; stresses that those trade instruments should include strong enforcement mechanisms such as withdrawal from preferential access in case of non- compliance; is convinced that it is crucial to make the sustainable development chapters of free trade agreements more binding and enforceable through effective monitoring and sanctions mechanisms that allow individuals and communities, outside or within the Union, to seek redress;

Or. en

Amendment 119 Dominique Bilde

Draft opinion Paragraph 11

Draft opinion Amendment

AM\1215760EN.docx 65/69 PE658.786v02-00 EN diligence requirements into those underlines that free trade agreements chapters. should not be concluded with countries whose environmental and social standards (including those concerning animal welfare, in the case of the former) fall short of European standards and where the security or geopolitical situation means there is a danger of human rights being violated;

Or. fr

Amendment 120 Antoni Comín i Oliveres

Draft opinion Paragraph 11

Draft opinion Amendment

11. Is convinced that it is crucial to 11. Is convinced that it is crucial to make the sustainable development chapters make the sustainable development chapters of free trade agreements more enforceable of free trade agreements more enforceable and that the new legislation should explore and that the new legislation should explore ways of integrating the due diligence ways of integrating the due diligence requirements into those chapters. requirements into those chapters; considers that active monitoring of the due diligence mechanisms established in free trade agreements should be one of the main duties of the Chief Trade Enforcement Officer;

Or. es

Amendment 121 Marc Tarabella, Maria Noichl, Udo Bullmann, Mónica Silvana González, Patrizia Toia

Draft opinion Paragraph 11

Draft opinion Amendment

PE658.786v02-00 66/69 AM\1215760EN.docx EN and that the new legislation should explore enforceable and that the new legislation ways of integrating the due diligence should explore ways of integrating the due requirements into those chapters. diligence requirements into those chapters; believes that this would also help to avoid distortion of competition with companies based outside Europe; considers that economic partnership agreements that the Union signed with ACP countries could also be reinforced in a similar way;

Or. en

Amendment 122 Tomas Tobé

Draft opinion Paragraph 11

Draft opinion Amendment

11. Is convinced that it is crucial to 11. Is convinced that it is crucial that make the sustainable development chapters the sustainable development chapters of of free trade agreements more enforceable free trade agreements should remain and that the new legislation should explore enforceable and that the Commission ways of integrating the due diligence should explore ways of integrating the due requirements into those chapters. diligence provisions in free trade agreements.

Or. en

Amendment 123 Michèle Rivasi on behalf of the Greens/EFA Group

Draft opinion Paragraph 11 a (new)

Draft opinion Amendment

11a. Warns against developing a double standard policy regarding the rights and obligations of corporations in investment and trade treaties; recalls that there is a profound asymmetry between transnational corporations’ rights and

AM\1215760EN.docx 67/69 PE658.786v02-00 EN obligations, particularly in investment protection treaties, where investors are being granted broad rights, such as “fair and equitable treatment”, that are not matched by enforceable obligations in terms of compliance with human rights, labour and environmental law; strongly believes that a binding and enforceable UN treaty on business and human rights which would ensure access to justice for victims of human rights violations and provide mechanisms for redress and accountability for the communities affected, could address such imbalance; reiterates once more the importance of the Union being actively involved in the process of the open-ended intergovernmental working group on transnational corporations and other business enterprises with respect to human rights and of upholding the primacy of human rights over trade interests;

Or. en

Amendment 124 Manon Aubry

Draft opinion Paragraph 11 a (new)

Draft opinion Amendment

11a. Considers that, in parallel to its work on a mandatory corporate due diligence legislation, the Union should adopt a mandate to actively and constructively engage in the negotiations for a UN binding treaty of business and human rights, with the aim of securing an ambitious global level playing field for human rights protection and business responsibilities.

Or. en

PE658.786v02-00 68/69 AM\1215760EN.docx EN Amendment 125 Dominique Bilde

Draft opinion Paragraph 11 a (new)

Draft opinion Amendment

11a. Underlines that all trade agreements should be conditional on an assessment of the risk of relocations and job losses for the Member States and that no trade agreement should result in job losses, relocations or unfair competition for the Member States.

Or. fr

Amendment 126 Michèle Rivasi on behalf of the Greens/EFA Group

Draft opinion Paragraph 11 b (new)

Draft opinion Amendment

11b. Calls on the Commission to actively work within the WTO in order to promote multilateral rules for sustainable management of global value chains, including mandatory supply chain due diligence, in the garment sector as a first step;

Or. en

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