En En Amendments 1

European Parliament 2019-2024

Committee on Legal Affairs

2020/2129(INL)

9.10.2020

AMENDMENTS 1 - 200

Draft report Lara Wolters (PE657.191v01-00)

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

AM\1215352EN.docx PE658.901v01-00

EN United in diversityEN AM_Com_NonLegReport

PE658.901v01-00 2/97 AM\1215352EN.docx EN Amendment 1 Jorge Buxadé Villalba

Motion for a resolution Citation 3

Motion for a resolution Amendment

— having regard to the United deleted Nations 2030 Agenda for Sustainable Development, adopted in 2015, in particular the 17 Sustainable Development Goals (SDGs),

Or. es

Amendment 2 Manon Aubry

Motion for a resolution Citation 3 a (new)

Motion for a resolution Amendment

- having regard to the program of action on the establishment of a ‘new international economic order’ adopted in 1974 by the General Assembly of the United Nations, including Section V regarding the “regulation and control of the activities of transnational corporations”,

Or. en

Amendment 3 Manon Aubry

Motion for a resolution Citation 3 b (new)

Motion for a resolution Amendment

- having regard to the 1992 United Nations Conference on Environment and

AM\1215352EN.docx 3/97 PE658.901v01-00 EN Development (UNCED), also known as the Earth Summit,

Or. en

Amendment 4 Manon Aubry

Motion for a resolution Citation 3 c (new)

Motion for a resolution Amendment

- having regard to the United Nations Global Compact formed on the 26th July 2000,

Or. en

Amendment 5 Manon Aubry

Motion for a resolution Citation 3 d (new)

Motion for a resolution Amendment

- having regard to the UN draft Code of Conduct on Transnational Corporations presented on the 12th June 1990,

Or. en

Amendment 6 Manon Aubry

Motion for a resolution Citation 3 e (new)

Motion for a resolution Amendment

- having regard to the Norms on the

PE658.901v01-00 4/97 AM\1215352EN.docx EN Responsibilities of Transnational Corporations and Other Business Enterprises with Regards to Human Rights adopted by the United Nations Sub-Commission on the Promotion and Protection of Human Rights on 14th August 2003,

Or. en

Amendment 7 Lara Wolters

Motion for a resolution Citation 11 a (new)

Motion for a resolution Amendment

- having regard to the OECD Due Diligence Guidance for Responsible Corporate Lending and Securities Underwriting,

Or. en

Amendment 8 Jorge Buxadé Villalba

Motion for a resolution Citation 14

Motion for a resolution Amendment

— having regard to the UN booklet deleted ‘Gender Dimensions of the Guiding Principles on Business and Human Rights’13, ______13 https://www.ohchr.org/Documents/Issues/ Business/Gender_Booklet_Final.pdf.

Or. es

AM\1215352EN.docx 5/97 PE658.901v01-00 EN Amendment 9 Jorge Buxadé Villalba

Motion for a resolution Citation 15

Motion for a resolution Amendment

— having regard to the Paris deleted Agreement adopted on 12 December 2015 (‘the Paris Agreement’),

Or. es

Amendment 10 Tiemo Wölken, Lara Wolters

Motion for a resolution Citation 15 a (new)

Motion for a resolution Amendment

- having regard to the 2018 IPCC Special report on 1.5 degrees,1a ______1a https://www.ipcc.ch/2018/10/08/summary- for-policymakers-of-ipcc-special-report- on-global-warming-of-1-5c-approved-by- governments/

Or. en

Amendment 11 Tiemo Wölken, Lara Wolters

Motion for a resolution Citation 15 b (new)

Motion for a resolution Amendment

- having regard to the proposal for a regulation of the European Parliament

PE658.901v01-00 6/97 AM\1215352EN.docx EN and of the Council establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (‘The European Climate Law’),1b ______1b COM(2020)0080

Or. en

Amendment 12 Tiemo Wölken, Lara Wolters

Motion for a resolution Citation 15 c (new)

Motion for a resolution Amendment

- having regard to Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/2006,

Or. en

Amendment 13 Jorge Buxadé Villalba

Motion for a resolution Citation 16

Motion for a resolution Amendment

— having regard to the EU Action deleted Plan: Financing Sustainable Growth14, ______14 COM(2018) 097 final.

Or. es

AM\1215352EN.docx 7/97 PE658.901v01-00 EN Amendment 14 Jorge Buxadé Villalba

Motion for a resolution Citation 17

Motion for a resolution Amendment

— having regard to the European deleted Green Deal15, ______15 COM(2019) 640 final.

Or. es

Amendment 15 Manon Aubry

Motion for a resolution Citation 17 a (new)

Motion for a resolution Amendment

- having regard to recommendation CM/Rec(2016)3 of the Committee of Ministers to member States on human rights and business adopted by the Committee of Ministers on 2 March 2016,

Or. en

Amendment 16 Jorge Buxadé Villalba

Motion for a resolution Citation 22

Motion for a resolution Amendment

— having regard to Regulation (EU) deleted 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability‐related disclosures in the financial services sector20 (‘the Disclosure

PE658.901v01-00 8/97 AM\1215352EN.docx EN Regulation’), ______20 OJ L 317, 9.12.2019, p. 1.

Or. es

Amendment 17 Jorge Buxadé Villalba

Motion for a resolution Citation 23

Motion for a resolution Amendment

— having regard to Regulation (EU) deleted 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/208821 (‘the Taxonomy Regulation’), ______21 OJ L 198, 22.6.2020, p. 13.

Or. es

Amendment 18 Jorge Buxadé Villalba

Motion for a resolution Citation 24

Motion for a resolution Amendment

— having regard to the Commission deleted Guidelines on non-financial reporting (methodology for reporting non-financial information)22 and to the Commission Guidelines on non-financial reporting: Supplement on reporting climate-related information23, ______

AM\1215352EN.docx 9/97 PE658.901v01-00 EN 22 OJ C 215, 5.7.2017, p. 1. 23 OJ C 209, 20.6.2019, p. 1.

Or. es

Amendment 19 Heidi Hautala

Motion for a resolution Citation 31 a (new)

Motion for a resolution Amendment

- having regard to the European Union Agency for Fundamental Rights Opinion of April 2017 "Improving access to remedy in the area of business and human rights at the EU level"

Or. en

Amendment 20 Caterina Chinnici, Franco Roberti, Lara Wolters

Motion for a resolution Citation 31 a (new)

Motion for a resolution Amendment

- having regard to the Children’s Rights and Business Principles, developed by UNICEF, the UN Global Compact and Save the Children1a, ______1a http://childrenandbusiness.org/

Or. en

Amendment 21 Jorge Buxadé Villalba

Motion for a resolution

PE658.901v01-00 10/97 AM\1215352EN.docx EN Citation 32

Motion for a resolution Amendment

— having regard to the briefings of deleted the Directorate-General for External Policies of the Union of June 2020 entitled ‘EU Human Rights Due Diligence Legislation: Monitoring, Enforcement and Access to Justice for Victims’31 and ‘Substantive Elements of Potential Legislation on Human Rights Due Diligence’32, ______31 EP Policy Department for External Relations, PE603.505 - June 2020. 32 EP Policy Department for External Relations, PE603.504 - June 2020.

Or. es

Amendment 22 Pascal Durand, Stéphane Séjourné

Motion for a resolution Citation 32 a (new)

Motion for a resolution Amendment

- having regard to the Commission’s Capital Markets Union Action Plan (COM/2020/590);

Or. en

Amendment 23 Lara Wolters

Motion for a resolution Citation 34 a (new)

Motion for a resolution Amendment

- having regard to the European

AM\1215352EN.docx 11/97 PE658.901v01-00 EN added value assessment on Corporate Due Diligence and Corporate Accountability by the European Parliament Research Service,

Or. en

Amendment 24 Jorge Buxadé Villalba

Motion for a resolution Citation 34 a (new)

Motion for a resolution Amendment

- having regard to Articles 16, 24, 34 and 48 of the Charter of Fundamental Rights of the European Union,

Or. es

Amendment 25 Lara Wolters

Motion for a resolution Citation 34 b (new)

Motion for a resolution Amendment

- having regard to the opinion of the European Economic and Social Committee on “Mandatory due diligence”,

Or. en

Amendment 26 Lara Wolters

Motion for a resolution Citation 34 c (new)

PE658.901v01-00 12/97 AM\1215352EN.docx EN Motion for a resolution Amendment

- having regard to the study commissioned by Policy Department C: Corporate social responsibility (CSR) and its implementation into EU Company law,

Or. en

Amendment 27 Lara Wolters

Motion for a resolution Citation 34 d (new)

Motion for a resolution Amendment

- having regard to the publication 'Business and human rights – access to remedy' by the Fundamental Rights Agency,

Or. en

Amendment 28 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, József Szájer, Christian Sagartz

Motion for a resolution Recital A

Motion for a resolution Amendment

A. Whereas the globalisation of A. Whereas the globalisation of economic activity has in many instances economic activity has in many instances given rise to and aggravated adverse given rise to and aggravated adverse impacts on human rights, including social impacts on human rights and the and labour rights, the environment and environment; the good governance of states;

Or. en

Amendment 29

AM\1215352EN.docx 13/97 PE658.901v01-00 EN Jorge Buxadé Villalba

Motion for a resolution Recital A

Motion for a resolution Amendment

A. whereas the globalisation of A. whereas the globalisation of economic activity has in many instances economic activity has in many instances given rise to and aggravated adverse given rise to and aggravated adverse impacts on human rights, including social impacts on human rights, including social and labour rights, the environment and the and labour rights, the loss of sovereignty, good governance of states; the environment and the good governance of states;

Or. es

Amendment 30 Liesje Schreinemacher, Adrián Vázquez Lázara, Karen Melchior

Motion for a resolution Recital A

Motion for a resolution Amendment

A. Whereas the globalisation of A. Whereas the globalisation of economic activity has in many instances economic activity has aggravated adverse given rise to and aggravated adverse impacts on human rights, including social impacts on human rights, including social and labour rights, the environment and the and labour rights, the environment and the good governance of states; good governance of states;

Or. en

Amendment 31 Jorge Buxadé Villalba

Motion for a resolution Recital B

Motion for a resolution Amendment

B. whereas companies should respect B. whereas companies should respect human rights, the environment and good human rights, the environment and good governance and should not cause or governance and should not cause or

PE658.901v01-00 14/97 AM\1215352EN.docx EN contribute to causing any adverse impacts contribute to causing any adverse impacts in this regard; in this regard, bearing in mind, however, that their objective is to generate profit;

Or. es

Amendment 32 József Szájer, Enikő Győri

Motion for a resolution Recital B

Motion for a resolution Amendment

B. Whereas companies should respect B. Whereas companies should respect human rights, the environment and good internationally binding human rights and governance and should not cause or the environment and should not cause or contribute to causing any adverse impacts contribute to causing any adverse impacts in this regard; in this regard;

Or. en

Amendment 33 Liesje Schreinemacher, Adrián Vázquez Lázara, Karen Melchior

Motion for a resolution Recital B

Motion for a resolution Amendment

B. Whereas companies should respect B. Whereas companies should respect human rights, the environment and good human rights, the environment and good governance and should not cause or governance and should not cause or contribute to causing any adverse impacts contribute to causing adverse impacts in in this regard; this regard;

Or. en

Amendment 34 Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud

Motion for a resolution Recital B

AM\1215352EN.docx 15/97 PE658.901v01-00 EN Motion for a resolution Amendment

B. whereas companies should respect B. whereas companies should respect human rights, the environment and good human rights and the environment and governance and should not cause or should not cause or contribute to causing contribute to causing any adverse impacts any adverse impacts in this regard; in this regard;

Or. fr

Amendment 35 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Daniel Buda, Christian Sagartz

Motion for a resolution Recital B

Motion for a resolution Amendment

B. Whereas companies should respect B. Whereas companies should respect human rights, the environment and good human rights and the environment and governance and should not cause or should not cause or contribute to causing contribute to causing any adverse impacts any adverse impacts in this regard; in this regard;

Or. en

Amendment 36 Jorge Buxadé Villalba

Motion for a resolution Recital B a (new)

Motion for a resolution Amendment

Ba. whereas companies should 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, although they are in no way guarantors of respect for the rule of law or fundamental rights;

PE658.901v01-00 16/97 AM\1215352EN.docx EN Or. es

Amendment 37 Manon Aubry, Emmanuel Maurel

Motion for a resolution Recital C

Motion for a resolution Amendment

C. Whereas the Covid-19 crisis has C. Whereas the Covid-19 crisis has exposed some of the severe drawbacks of exposed some of the severe flaws of global global supply chains and the ease with supply chains and the ease with which which certain undertakings are able to shift certain undertakings are able to shift negative impacts on their business negative impacts of their business activities activities to other jurisdictions; and their hazards on workers and local communities down their value chains, particularly when they are located in third-countries' jurisdictions, without being held accountable for the ensuing human rights violations and environmental harms;

Or. en

Amendment 38 Jorge Buxadé Villalba

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas the Covid-19 crisis has C. whereas the Covid-19 crisis has exposed some of the severe drawbacks of exposed some of the severe drawbacks of global supply chains and the ease with global supply chains and the ease with which certain undertakings are able to shift which certain undertakings are able to shift negative impacts on their business negative impacts on their business activities to other jurisdictions; activities to other jurisdictions, in addition to the vulnerability of citizens and small traders as a result of the negative effects of production being relocated to countries outside the EU;

Or. es

AM\1215352EN.docx 17/97 PE658.901v01-00 EN Amendment 39 Daniel Buda

Motion for a resolution Recital C

Motion for a resolution Amendment

C. whereas the COVID-19 crisis has C. whereas the COVID-19 crisis has exposed some of the severe drawbacks of exposed some of the severe drawbacks of global supply chains and the ease with global supply chains and the ease with which certain undertakings are able to shift which certain undertakings are able to negative impacts on their business shift, both directly and indirectly, negative activities to other jurisdictions; impacts on their business activities to other jurisdictions;

Or. ro

Amendment 40 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Enikő Győri, József Szájer

Motion for a resolution Recital D

Motion for a resolution Amendment

D. Whereas according to ILO deleted statistics around the globe there are around 25 million victims of forced labour, 152 million victims of child labour, 2,78 million deaths due to work- related diseases per year and 374 million non-fatal work-related injuries per year; whereas the ILO has developed several conventions to protect workers, but their enforcement is still lacking, especially with reference to the labour markets of developing countries;

Or. en

Amendment 41

PE658.901v01-00 18/97 AM\1215352EN.docx EN Jorge Buxadé Villalba

Motion for a resolution Recital D

Motion for a resolution Amendment

D. whereas according to ILO statistics D. whereas according to ILO statistics around the globe there are around 25 around the globe there are around 25 million victims of forced labour, 152 million victims of forced labour, 152 million victims of child labour, 2.78 million victims of child labour, of which million deaths due to work-related diseases around 96% are outside Europe, 2.78 per year and 374 million non-fatal work- million deaths due to work-related diseases related injuries per year; whereas the ILO per year and 374 million non-fatal work- has developed several conventions to related injuries per year; whereas the ILO, protect workers, but their enforcement is although lacking any legislative authority, still lacking, especially with reference to has developed several conventions to the labour markets of developing countries; protect workers, but their enforcement is still lacking, especially with reference to the labour markets of developing countries;

Or. es

Amendment 42 Manon Aubry

Motion for a resolution Recital D

Motion for a resolution Amendment

D. Whereas according to ILO statistics D. Whereas according to ILO statistics around the globe there are around 25 around the globe there are around 25 million victims of forced labour, 152 million victims of forced labour, 152 million victims of child labour, 2,78 million victims of child labour, 2,78 million deaths due to work-related diseases million deaths due to work-related diseases per year and 374 million non-fatal work- per year and 374 million non-fatal work- related injuries per year; whereas the ILO related injuries per year; whereas the ILO has developed several conventions to has developed many international protect workers, but their enforcement is conventions to protect workers and local still lacking, especially with reference to communities, but their enforcement is still the labour markets of developing countries; lacking, especially with reference to the labour markets of developing countries;

Or. en

AM\1215352EN.docx 19/97 PE658.901v01-00 EN Amendment 43 Jorge Buxadé Villalba

Motion for a resolution Recital E

Motion for a resolution Amendment

E. whereas this alarming situation deleted has prompted a debate as to how to make businesses more responsive to the adverse impacts they cause or contribute to;

Or. es

Amendment 44 Daniel Buda

Motion for a resolution Recital E

Motion for a resolution Amendment

E. whereas this alarming situation has E. whereas this alarming situation has prompted a debate as to how to make prompted a debate as to how to make businesses more responsive to the adverse businesses more responsive to the adverse impacts they cause or contribute to; impacts they cause or contribute to, while highlighting the need for a harmonised EU-wide approach to these matters;

Or. ro

Amendment 45 Bettina Vollath

Motion for a resolution Recital E

Motion for a resolution Amendment

PE658.901v01-00 20/97 AM\1215352EN.docx EN Or. de

Amendment 46 Manon Aubry

Motion for a resolution Recital E

Motion for a resolution Amendment

E. Whereas this alarming situation has E. Whereas this alarming situation has prompted a debate as to how to make highlighted the urgency businesses more responsive to the adverse of making businesses more responsible, impacts they cause or contribute to; more responsive to and accountable for the adverse impacts they cause or contribute to;

Or. en

Amendment 47 Lara Wolters

Motion for a resolution Recital E

Motion for a resolution Amendment

E. Whereas this alarming situation has E. Whereas this alarming situation has prompted a debate as to how to make prompted a debate as to how to make businesses more responsive to the adverse businesses more responsive to the adverse impacts they cause or contribute to; impacts they cause or contribute to or are directly linked to; ;

Or. en

Amendment 48 Jorge Buxadé Villalba

Motion for a resolution Recital F

Motion for a resolution Amendment

AM\1215352EN.docx 21/97 PE658.901v01-00 EN F. whereas that debate has led, deleted among other things, to the adoption of due diligence frameworks and standards within the UN, the OECD and the ILO; whereas these standards are however voluntary and, consequently, their uptake has been limited;

Or. es

Amendment 49 Manon Aubry, Emmanuel Maurel

Motion for a resolution Recital F

Motion for a resolution Amendment

F. Whereas that debate has led, F. Whereas that long standing efforts among other things, to the adoption of due to regulate transnational corporate diligence frameworks and standards within activities with regards to human rights the UN, the OECD and the ILO; whereas and the environment have led, among these standards are however voluntary and, other things, to the adoption of due consequently, their uptake has been diligence frameworks and standards within limited; the UN, the ILO, the Council of Europe and the OECD; whereas these standards are however voluntary for companies, have led to uneven and insufficient efforts from businesses, and have consequently failed to achieve significant progress for the protection of human rights, of the environment and access to justice;

Or. en

Amendment 50 Axel Voss, Angelika Niebler, Javier Zarzalejos, Andreas Schwab, Sven Simon, Daniel Caspary, Enikő Győri, Daniel Buda, József Szájer

Motion for a resolution Recital F

Motion for a resolution Amendment

F. Whereas that debate has led, among F. Whereas that debate has led, among

PE658.901v01-00 22/97 AM\1215352EN.docx EN other things, to the adoption of due other things, to the adoption of due diligence frameworks and standards within diligence frameworks and standards within the UN, the OECD and the ILO; whereas the UN and the OECD; whereas these these standards are however voluntary and, standards are however voluntary and, consequently, their uptake has been consequently, their uptake has been limited; limited;

Or. en

Amendment 51 Jorge Buxadé Villalba

Motion for a resolution Recital F a (new)

Motion for a resolution Amendment

Fa. whereas companies can help to improve job protection systems, and within the OECD and the ILO due diligence frameworks and standards that are voluntary, and thus more effective, have been adopted;

Or. es

Amendment 52 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Enikő Győri

Motion for a resolution Recital G

Motion for a resolution Amendment

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

Or. en

AM\1215352EN.docx 23/97 PE658.901v01-00 EN Amendment 53 Liesje Schreinemacher, Adrián Vázquez Lázara

Motion for a resolution Recital G

Motion for a resolution Amendment

Or. en

Amendment 54 Daniel Buda

Motion for a resolution Recital G a (new)

Motion for a resolution Amendment

Ga. whereas the lack of a joint EU- wide approach in this matter may lead to less legal certainty when it comes to business prerogatives and to imbalances in fair competition, which would in turn disadvantage companies that are proactive in social and environmental matters;

Or. ro

Amendment 55 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Enikő Győri, József Szájer, Christian Sagartz

Motion for a resolution Recital H

Motion for a resolution Amendment

PE658.901v01-00 24/97 AM\1215352EN.docx EN H. Whereas some Member States, deleted such as France and the Netherlands, have adopted legislation to enhance corporate accountability and have introduced mandatory due diligence frameworks;

Or. en

Amendment 56 Manon Aubry

Motion for a resolution Recital H

Motion for a resolution Amendment

H. Whereas some Member States, such H. Whereas some Member States, such as France and the Netherlands, have as France, the Netherlands adopted legislation to enhance corporate and Austria have adopted legislation to accountability and have introduced enhance corporate accountability and have mandatory due diligence frameworks; introduced mandatory due diligence frameworks;

Or. en

Amendment 57 Manon Aubry

Motion for a resolution Recital H a (new)

Motion for a resolution Amendment

H a. Whereas other Member States are currently considering the adoption of such legislations, including Germany, Norway, Sweden, Finland, Denmark, and Luxemburg; Whereas the lack of a European harmonization of corporate due diligence legislations puts at risk the level playing field of companies operating in the EU;

Or. en

AM\1215352EN.docx 25/97 PE658.901v01-00 EN Amendment 58 Caterina Chinnici, Franco Roberti, Lara Wolters

Motion for a resolution Recital H a (new)

Motion for a resolution Amendment

H a. Whereas businesses have in general limited awareness of the range of impacts they have on children’s rights in their operations and supply chains and the potentially life-changing consequences these can have for children.

Or. en

Amendment 59 Jorge Buxadé Villalba

Motion for a resolution Recital I

Motion for a resolution Amendment

I. whereas the Union has already I. whereas the Union has already adopted legislation that pertains to due adopted legislation that pertains to due diligence, such as the Conflict Minerals diligence in very specific sectors, such as Regulation and the Timber Regulation; the Conflict Minerals Regulation and the Timber Regulation;

Or. es

Amendment 60 Manon Aubry

Motion for a resolution Recital I

Motion for a resolution Amendment

I. Whereas the Union has already I. Whereas the Union has already adopted legislation that pertains to due adopted sectoral due diligence legislations, diligence, such as the Conflict Minerals such as the Conflict Minerals Regulation

PE658.901v01-00 26/97 AM\1215352EN.docx EN Regulation and the Timber Regulation; and the Timber Regulation;

Or. en

Amendment 61 Daniel Buda

Motion for a resolution Recital I a (new)

Motion for a resolution Amendment

Ia. whereas this full harmonisation within the internal market would help it to function smoothly and would create the right conditions for fair competition and, thus, lead to a significant increase in legal certainty;

Or. ro

Amendment 62 Daniel Buda

Motion for a resolution Recital I b (new)

Motion for a resolution Amendment

Ib. whereas the adoption of a harmonised EU-wide framework based on the principle of proportionality and the avoidance of any additional administrative burden on European businesses, especially SMEs, results in legal certainty, clarity and concrete guidelines for European businesses, thereby ensuring that all threats to their competitiveness are avoided;

Or. ro

Amendment 63

AM\1215352EN.docx 27/97 PE658.901v01-00 EN Manon Aubry

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Considers that voluntary due 1. Considers that voluntary due diligence standards have severe limitations diligence standards have not achieved and that the Union should urgently adopt significant progress in protecting human minimum requirements for undertakings to rights and the environment from harm identify, prevent, cease, mitigate, monitor, and that the Union should urgently adopt disclose, account, address and remediate minimum legally binding requirements for human rights, environmental and undertakings to identify, prevent, cease, governance risks in their entire value mitigate, monitor, disclose, account for, chain; believes that this would be address and remediate human rights, beneficial for stakeholders, as well as for environmental and governance potential businesses in terms of harmonization, legal and actual adverse impacts in their entire certainty and a level playing field; stresses value chain; believes that this is essential that this would enhance the reputation of for the protection of stakeholders’ EU undertakings and of the Union as a fundamental rights including the right to standard setter; access justice, as well as for businesses in terms of harmonization, legal certainty and a level playing field; stresses that this would enhance the reputation of EU undertakings and of the Union as a standard setter;

Or. en

Amendment 64 Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

PE658.901v01-00 28/97 AM\1215352EN.docx EN beneficial for stakeholders, as well as for the Union as a standard setter; businesses in terms of harmonization, legal certainty and a level playing field; stresses that this would enhance the reputation of EU undertakings and of the Union as a standard setter;

Or. fr

Amendment 65 Jorge Buxadé Villalba

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Considers that voluntary due 1. Considers that the Union should diligence standards have severe adopt standard requirements for limitations and that the Union should undertakings voluntarily to identify, urgently adopt minimum requirements for prevent, cease, mitigate, monitor, disclose, undertakings to identify, prevent, cease, account, address and remediate possible mitigate, monitor, disclose, account, fundamental rights risks; believes that this address and remediate human rights, would be beneficial for stakeholders, as environmental and governance risks in well as for businesses in terms of their entire value chain; believes that this harmonization, legal certainty and a level would be beneficial for stakeholders, as playing field; stresses that this would well as for businesses in terms of enhance the reputation of EU undertakings; harmonization, legal certainty and a level playing field; stresses that this would enhance the reputation of EU undertakings and of the Union as a standard setter;

Or. es

Amendment 66 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Michael Gahler, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Daniel Buda, József Szájer, Christian Sagartz

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

AM\1215352EN.docx 29/97 PE658.901v01-00 EN 1. Considers that voluntary due 1. Considers that voluntary due diligence standards have severe limitations diligence standards have limitations and and that the Union should urgently adopt that the Union should adopt clear minimum requirements for undertakings to requirements for undertakings to identify, identify, prevent, cease, mitigate, monitor, mitigate and monitor, human rights and disclose, account, address and remediate environmental risks in the first tier of their human rights, environmental and supply chain outside of the EU; believes governance risks in their entire value that this would be beneficial for chain; believes that this would be stakeholders, as well as for businesses in beneficial for stakeholders, as well as for terms of harmonization, legal certainty and businesses in terms of harmonization, legal a level playing field; stresses that this certainty and a level playing field; stresses would enhance the reputation of EU that this would enhance the reputation of undertakings and of the Union as a EU undertakings and of the Union as a standard setter; stresses that any standard setter; framework should be based on an obligation of means rather than an obligation of results

Or. en

Amendment 67 Karen Melchior

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Considers that voluntary due 1. Considers that voluntary due diligence standards have severe limitations diligence standards have severe limitations and that the Union should urgently adopt and that the Union should urgently adopt minimum requirements for undertakings to clear minimum requirements for identify, prevent, cease, mitigate, monitor, undertakings to identify, prevent, cease, disclose, account, address and remediate mitigate, monitor, disclose, account, human rights, environmental and address and redress the risks of violations governance risks in their entire value of human rights, environmental and chain; believes that this would be governance risks in their entire value beneficial for stakeholders, as well as for chain; believes that this would be businesses in terms of harmonization, legal beneficial for stakeholders, as well as for certainty and a level playing field; stresses businesses in terms of harmonization, legal that this would enhance the reputation of certainty and a level playing field; stresses EU undertakings and of the Union as a that this would enhance the reputation of standard setter; EU undertakings and of the Union as a standard setter;

Or. en

PE658.901v01-00 30/97 AM\1215352EN.docx EN Amendment 68 Bettina Vollath

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Considers that voluntary due 1. Considers that voluntary due diligence standards have severe limitations diligence standards have severe limitations and that the Union should urgently adopt and that the Union should urgently adopt minimum requirements for undertakings to binding minimum requirements for identify, prevent, cease, mitigate, monitor, undertakings to identify, prevent, cease, disclose, account, address and remediate mitigate, monitor, disclose, account, human rights, environmental and address and remediate human rights, governance risks in their entire value environmental and governance risks in chain; believes that this would be their entire value chain; believes that this beneficial for stakeholders, as well as for would be beneficial for stakeholders, as businesses in terms of harmonization, legal well as for businesses in terms of certainty and a level playing field; stresses harmonization, legal certainty and a level that this would enhance the reputation of playing field; stresses that this would EU undertakings and of the Union as a enhance the reputation of EU undertakings standard setter; and of the Union as a standard setter;

Or. de

Amendment 69 Liesje Schreinemacher, Adrián Vázquez Lázara

Motion for a resolution Paragraph 1

Motion for a resolution Amendment

1. Considers that voluntary due 1. Considers that voluntary due diligence standards have severe limitations diligence standards have limitations and and that the Union should urgently adopt that the Union should adopt clear minimum requirements for undertakings to minimum requirements for undertakings to identify, prevent, cease, mitigate, monitor, identify, prevent, cease, mitigate, monitor, disclose, account, address and remediate disclose, account, address and redress the human rights, environmental and risks of violations of human rights, governance risks in their entire value environmental and governance risks in chain; believes that this would be their value chain; believes that this would beneficial for stakeholders, as well as for be beneficial for stakeholders, as well as businesses in terms of harmonization, legal for businesses in terms of harmonization,

AM\1215352EN.docx 31/97 PE658.901v01-00 EN certainty and a level playing field; stresses legal certainty and a level playing field; that this would enhance the reputation of stresses that this would enhance the EU undertakings and of the Union as a reputation of EU undertakings and of the standard setter; Union as a standard setter;

Or. en

Amendment 70 Jorge Buxadé Villalba

Motion for a resolution Paragraph 1 a (new)

Motion for a resolution Amendment

1a. Considers that this process should always respect and defend the freedom to conduct a business, the presumption of innocence, the rights of the child and the prohibition of child labour, and should not undermine the free competition of European companies;

Or. es

Amendment 71 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Michael Gahler, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Jorge Buxadé Villalba, Hildegard Bentele, Enikő Győri, Daniel Buda, József Szájer, Christian Sagartz

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Recalls that due diligence is 2. Stresses that it is the responsibility primarily a preventative mechanism and of states and governments to safeguard that companies should be first and human rights in their countries and that foremost required to identify risks or this responsibility shall not be transferred adverse impacts and adopt policies and to private actors; recalls that due diligence measures to address them; highlights that is primarily a preventative mechanism and if an undertaking causes or contributes to that companies should be first and an adverse impact it should provide for a foremost required to identify risks or remedy; adverse impacts and adopt policies and

PE658.901v01-00 32/97 AM\1215352EN.docx EN measures to mitigate them;

Or. en

Amendment 72 Emmanuel Maurel, Manon Aubry

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Recalls that due diligence is 2. Recalls that due diligence is primarily a preventative mechanism and primarily a preventative mechanism and that companies should be first and that companies should be first and foremost required to identify risks or foremost required to identify risks or adverse impacts and adopt policies and adverse impacts and adopt policies and measures to address them; highlights that if measures to address them; highlights that if an undertaking causes or contributes to an an undertaking causes or contributes to an adverse impact it should provide for a adverse impact it should provide for a remedy; remedy; underlines, in this regard, the need for strict control of production chains in order to avoid any upstream harm;

Or. fr

Amendment 73 Manon Aubry

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Recalls that due diligence is 2. Recalls that due diligence is primarily a preventative mechanism and primarily a preventative mechanism and that companies should be first and that companies should be first and foremost required to identify risks or foremost required to identify risks or adverse impacts and adopt policies and adverse impacts and adopt policies and measures to address them; highlights that if measures to address them; highlights that if an undertaking causes or contributes to an an undertaking causes or contributes to an adverse impact it should provide for a adverse impact on human rights or the remedy; environment it should provide for a remedy;

AM\1215352EN.docx 33/97 PE658.901v01-00 EN Or. en

Amendment 74 Heidi Hautala

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

Or. en

Amendment 75 Liesje Schreinemacher, Adrián Vázquez Lázara

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Recalls that due diligence is 2. Recalls that due diligence is primarily a preventative mechanism and primarily a preventative mechanism and that companies should be first and that companies should be first and foremost required to identify risks or foremost required to make best efforts to adverse impacts and adopt policies and identify risks or adverse impacts and adopt measures to address them; highlights that if policies and measures to address them; an undertaking causes or contributes to an highlights that if an undertaking causes or adverse impact it should provide for a contributes to an adverse impact it should remedy; redress that situation;

Or. en

Amendment 76

PE658.901v01-00 34/97 AM\1215352EN.docx EN Bettina Vollath

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

Or. de

Amendment 77 Jorge Buxadé Villalba

Motion for a resolution Paragraph 2

Motion for a resolution Amendment

2. Recalls that due diligence is 2. Recalls that due diligence is primarily a preventative mechanism and primarily a preventative and voluntary that companies should be first and mechanism and that it should, above all, foremost required to identify risks or continue to be voluntary for companies; adverse impacts and adopt policies and highlights that if an undertaking causes or measures to address them; highlights that contributes to an adverse impact, for if an undertaking causes or contributes to reasons directly within its control, it an adverse impact it should provide for a should provide for a remedy; remedy;

Or. es

Amendment 78 Manon Aubry, Emmanuel Maurel

Motion for a resolution Paragraph 3

AM\1215352EN.docx 35/97 PE658.901v01-00 EN Motion for a resolution Amendment

3. Stresses that human rights abuses 3. Stresses that human rights and and breaches of social and environmental environmental adverse impacts can be the standards can be the result of a company’s result of an undertaking’s own activities own activities or of those of its business or of the activities of its business relationships; underlines therefore that due relationships along the value chain that diligence should encompass the entire the undertaking ultimately benefits from; value chain; underlines therefore that due diligence should encompass the entire value chain and that when human rights or environmental adverse impacts occur, the undertaking should be held liable for the harm done, unless the undertaking can prove that it acted with due diligence and took all reasonable measures to prevent the harm;

Or. en

Amendment 79 Jorge Buxadé Villalba

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Stresses that human rights abuses 3. Stresses that human rights abuses and breaches of social and environmental and breaches of social and environmental standards can be the result of a company’s standards can be the result of a company’s own activities or of those of its business own activities or of those of its business relationships; underlines therefore that relationships; due diligence should encompass the entire value chain;

Or. es

Amendment 80 Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud

Motion for a resolution Paragraph 3

PE658.901v01-00 36/97 AM\1215352EN.docx EN Motion for a resolution Amendment

3. Stresses that human rights abuses 3. Stresses that human rights abuses and breaches of social and environmental and breaches of social and environmental standards can be the result of a company’s standards can be the result of a company’s own activities or of those of its business own activities or of those of its business relationships; underlines therefore that due relationships; underlines therefore that due diligence should encompass the entire diligence should encompass all parts of the value chain; value chain that they can reasonably control;

Or. fr

Amendment 81 József Szájer, Enikő Győri

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Stresses that human rights abuses 3. Stresses that human rights and breaches of social and environmental violations and breaches of environmental standards can be the result of a company’s standards can be the result of a company’s own activities or of those of its business own activities or of those of its business relationships; underlines therefore that due relationships; underlines therefore that due diligence should encompass the entire diligence should encompass direct value chain; suppliers in the first tier of the supply chain outside the European Union;

Or. en

Amendment 82 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Michael Gahler, Sven Simon, Daniel Caspary, Christophe Hansen, Markus Pieper, Markus Ferber, Jorge Buxadé Villalba, Hildegard Bentele, Daniel Buda, Christian Sagartz

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Stresses that human rights abuses 3. Stresses that human rights abuses and breaches of social and environmental and breaches of environmental standards

AM\1215352EN.docx 37/97 PE658.901v01-00 EN standards can be the result of a company’s can be the result of a company’s own own activities or of those of its business activities or of those of its business relationships; underlines therefore that due relationships; underlines therefore that due diligence should encompass the entire diligence should encompass direct value chain; suppliers in the first tier of the supply chain outside the European Union.

Or. en

Amendment 83 Heidi Hautala

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Stresses that human rights abuses 3. Stresses that human rights abuses, and breaches of social and environmental environmental harm and breaches of standards can be the result of a company’s social, environmental and governance own activities or of those of its business standards can be the result of a company’s relationships; underlines therefore that due own activities or of those of its business diligence should encompass the entire relationships; underlines therefore that due value chain; diligence should encompass the entire value chain;

Or. en

Amendment 84 Liesje Schreinemacher, Adrián Vázquez Lázara

Motion for a resolution Paragraph 3

Motion for a resolution Amendment

3. Stresses that human rights abuses 3. Stresses that human rights abuses and breaches of social and environmental and breaches of social and environmental standards can be the result of a company’s standards can be the result of a company’s own activities or of those of its business own activities or of those of its business relationships; underlines therefore that due relationships; underlines therefore that due diligence should encompass the entire diligence should encompass direct value chain; suppliers in their value chain;

Or. en

PE658.901v01-00 38/97 AM\1215352EN.docx EN Amendment 85 Liesje Schreinemacher, Adrián Vázquez Lázara, Karen Melchior

Motion for a resolution Paragraph 3 a (new)

Motion for a resolution Amendment

3 a. Stresses that undertakings exercise control over the activities of suppliers with whom they have a direct, contractual relationship; considers that in specific sectors or circumstances, undertakings may even have a degree of control over suppliers with who they have an indirect relationship; urges the Commission to conduct an assessment whether in particular sectors or circumstances undertakings indeed are able to exercise control over the activities of these indirect suppliers in their supply chain, which could justify an increased responsibility for tier-2 or tier-3 suppliers;

Or. en

Amendment 86 Heidi Hautala

Motion for a resolution Paragraph 3 a (new)

Motion for a resolution Amendment

3 a. 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

AM\1215352EN.docx 39/97 PE658.901v01-00 EN Amendment 87 Jorge Buxadé Villalba

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Considers that the scope of any 4. Considers that the scope of any future mandatory EU due diligence future voluntary EU due diligence framework should be broad and cover all framework should be simple and clear and undertakings governed by the law of a should cover the undertakings governed by Member State or established in the territory the law of a Member State or established in of the Union, including those providing the territory of the Union and all those financial products and services, regardless who trade or sell their services and/or of their size or sector of activity and of products in Europe, even if they are based whether they are publicly owned or in third countries; stresses that it is controlled undertakings; crucial to ensure that voluntary due diligence also includes companies that trade primarily online as well as those providing financial products and services, regardless of their size or sector of activity and of whether they are publicly owned or controlled undertakings of European countries or third countries, including national and EU public administrations;

Or. es

Amendment 88 Manon Aubry, Emmanuel Maurel

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Considers that the scope of any 4. Considers that the scope of any future mandatory EU due diligence future mandatory EU due diligence framework should be broad and cover all framework should be broad and cover all undertakings governed by the law of a undertakings governed by the law of a Member State or established in the territory Member State or established in the territory of the Union, including those providing of the Union, including those providing financial products and services, regardless financial products and services, regardless of their size or sector of activity and of of their size or sector of activity and of whether they are publicly owned or whether they are publicly owned or controlled undertakings; controlled undertakings; considers that the

PE658.901v01-00 40/97 AM\1215352EN.docx EN framework should also cover companies which are established outside the EU when they operate in the internal market selling goods or providing services;

Or. en

Amendment 89 Liesje Schreinemacher, Adrián Vázquez Lázara

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Considers that the scope of any 4.A future mandatory EU due future mandatory EU due diligence diligence framework should cover all large framework should be broad and cover all undertakings governed by the law of a undertakings governed by the law of a Member State or established in the territory Member State or established in the territory of the Union. of the Union, including those providing financial products and services, regardless of their size or sector of activity and of whether they are publicly owned or controlled undertakings;

Or. en

Amendment 90 Lara Wolters

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

AM\1215352EN.docx 41/97 PE658.901v01-00 EN controlled undertakings; controlled undertakings; recalls that the framework should also include companies which are established outside the EU but are active on the internal market;

Or. en

Amendment 91 József Szájer, Enikő Győri

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Considers that the scope of any 4. Considers that the future EU due future mandatory EU due diligence diligence framework should cover framework should be broad and cover all undertakings governed by the law of a undertakings governed by the law of a Member State or established in the territory Member State or established in the territory of the Union with more than 5000 of the Union, including those providing employees; financial products and services, regardless of their size or sector of activity and of whether they are publicly owned or controlled undertakings;

Or. en

Amendment 92 Axel Voss, Angelika Niebler, Javier Zarzalejos, Marion Walsmann, Andreas Schwab, Michael Gahler, Sven Simon, Daniel Caspary, Christophe Hansen, Markus Pieper, Markus Ferber, Hildegard Bentele

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

PE658.901v01-00 42/97 AM\1215352EN.docx EN regardless of their size or sector of activity and of whether they are publicly owned or controlled undertakings;

Or. en

Amendment 93 Daniel Buda

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Considers that the scope of any 4. Considers that the scope of any future mandatory EU due diligence future joint EU due diligence framework framework should be broad and cover all should focus on reducing risk at the first undertakings governed by the law of a level of the supply chains outside the EU Member State or established in the and cover all undertakings with more than territory of the Union, including those 5 000 employees, with the exception of providing financial products and services, those providing financial products and regardless of their size or sector of activity services; and of whether they are publicly owned or controlled undertakings;

Or. ro

Amendment 94 Bettina Vollath

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Considers that the scope of any 4. Considers that the scope of any future mandatory EU due diligence future mandatory EU due diligence framework should be broad and cover all framework should be broad and cover all undertakings governed by the law of a undertakings governed by the law of a Member State or established in the Member State, established in the territory territory of the Union, including those of the Union, or offering goods and providing financial products and services, services in the internal market, including regardless of their size or sector of activity those providing financial products and and of whether they are publicly owned or services, regardless of their size or sector controlled undertakings; of activity and of whether they are publicly

AM\1215352EN.docx 43/97 PE658.901v01-00 EN owned or controlled undertakings;

Or. de

Amendment 95 Emmanuel Maurel, Manon Aubry

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Considers that the scope of any 4. Considers that the scope of any future mandatory EU due diligence future mandatory EU due diligence framework should be broad and cover all framework should be broad and cover all undertakings governed by the law of a undertakings governed by the law of a Member State or established in the Member State, established in the territory territory of the Union, including those of the Union or seeking to join the single providing financial products and services, market, including those providing financial regardless of their size or sector of activity products and services, regardless of their and of whether they are publicly owned or size or sector of activity and of whether controlled undertakings; they are publicly owned or controlled undertakings;

Or. fr

Amendment 96 Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud

Motion for a resolution Paragraph 4

Motion for a resolution Amendment

4. Considers that the scope of any 4. Considers that the scope of any future mandatory EU due diligence future mandatory EU due diligence framework should be broad and cover all framework should be broad and cover all undertakings governed by the law of a undertakings with more than 350 Member State or established in the territory employees that are governed by the law of of the Union, including those providing a Member State or established in the financial products and services, regardless territory of the Union, including those of their size or sector of activity and of providing financial products and services, whether they are publicly owned or regardless of their sector of activity and of controlled undertakings; whether they are publicly owned or controlled undertakings;

PE658.901v01-00 44/97 AM\1215352EN.docx EN Or. fr

Amendment 97 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Michael Gahler, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Daniel Buda

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Considers that small, medium- deleted sized and micro-enterprises may need less extensive and formalised due diligence processes, and that a proportional approach could take into account, amongst other elements, the sector of activity, the size of the undertaking, the context of its operations, its business model, its position in value chains and the nature of its products and services;

Or. en

Amendment 98 József Szájer, Enikő Győri

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Considers that small, medium- 5. Underlines due diligence processes sized and micro-enterprises may need less would cause unnecessary burden for extensive and formalised due diligence small, medium-sized and micro-enterprises processes, and that a proportional therefore they should be exempted from approach could take into account, the scope of the future due diligence amongst other elements, the sector of legislation; activity, the size of the undertaking, the context of its operations, its business model, its position in value chains and the nature of its products and services;

Or. en

AM\1215352EN.docx 45/97 PE658.901v01-00 EN Amendment 99 Manon Aubry

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Considers that small, medium-sized 5. Considers that small, medium-sized and micro-enterprises may need less and micro-enterprises may need less extensive and formalised due diligence extensive and formalised due diligence processes, and that a proportional approach processes, and that a proportional approach could take into account, amongst other could take into account, amongst other elements, the sector of activity, the size of elements, the sector of activity, the size of the undertaking, the context of its the undertaking, the severity and operations, its business model, its position likelihood of human rights, governance in value chains and the nature of its and environmental risks inherent to its products and services; operations and to the context of its operations, its business model, its position in value chains and the nature of its products and services;

Or. en

Amendment 100 Pascal Durand, Stéphane Séjourné, Adrián Vázquez Lázara

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Considers that small, medium- 5. Considers that a proportional sized and micro-enterprises may need less approach could take into account, amongst extensive and formalised due diligence other elements, the sector of activity, the processes, and that a proportional size of the undertaking, the context of its approach could take into account, amongst operations, its business model, its position other elements, the sector of activity, the in value chains and the nature of its size of the undertaking, the context of its products and services; operations, its business model, its position in value chains and the nature of its products and services;

Or. en

PE658.901v01-00 46/97 AM\1215352EN.docx EN Amendment 101 Jorge Buxadé Villalba

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Considers that small, medium-sized 5. Considers that small, medium-sized and micro-enterprises may need less and micro-enterprises and the self- extensive and formalised due diligence employed should never be subject to the processes, and that a proportional due diligence processes; notes that in the approach could take into account, current situation most of these businesses amongst other elements, the sector of are in a critical situation and that their activity, the size of the undertaking, the economic recovery could take a long time; context of its operations, its business is concerned that a costly due diligence model, its position in value chains and the procedure could result in them having to nature of its products and services; close prematurely;

Or. es

Amendment 102 Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud

Motion for a resolution Paragraph 5

Motion for a resolution Amendment

5. Considers that small, medium-sized 5. Considers that small and medium- and micro-enterprises may need less sized enterprises may need less extensive extensive and formalised due diligence and formalised due diligence processes, processes, and that a proportional approach and that a proportional approach could take could take into account, amongst other into account, amongst other elements, the elements, the sector of activity, the size of sector of activity, the size of the the undertaking, the context of its undertaking, the context of its operations, operations, its business model, its position its business model, its position in value in value chains and the nature of its chains and the nature of its products and products and services; services;

Or. fr

Amendment 103

AM\1215352EN.docx 47/97 PE658.901v01-00 EN Jorge Buxadé Villalba

Motion for a resolution Paragraph 5 a (new)

Motion for a resolution Amendment

5a. Considers that it is essential to ensure that the due diligence processes are not put in place until there is stable, constant and real economic recovery and, at the very least, until the economic indicators return to the levels seen before the pandemic caused by the Wuhan virus, especially in terms of jobs, gross domestic product and domestic consumption in each of the Member States;

Or. es

Amendment 104 Liesje Schreinemacher, Adrián Vázquez Lázara

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Underlines that due diligence 6. Underlines that due diligence strategies should be aligned with the strategies should be aligned with the Sustainable Development Goals and EU Sustainable Development Goals and EU policy objectives in the field of human policy objectives in the field of human rights and the environment, including the rights and the environment, including the European Green Deal, and EU European Green Deal, and EU international policy; international policy; asks the Commission to consolidate existing EU and international mandatory legal instruments and voluntary due diligence frameworks to develop a single set of due diligence guidelines, including clear metrics to measure progress, in the areas of human rights, the environment and good governance;

Or. en

PE658.901v01-00 48/97 AM\1215352EN.docx EN Amendment 105 Tiemo Wölken, Lara Wolters

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Underlines that due diligence 6. Underlines that due diligence strategies should be aligned with the strategies should be aligned with the Sustainable Development Goals and EU Sustainable Development Goals and EU policy objectives in the field of human policy objectives in the field of human rights and the environment, including the rights and the environment, including the European Green Deal, and EU European Green Deal, and EU international policy; international policy, especially the Paris Agreement on Climate Change and its goals to hold the increase in the global average temperature to well below 2°C above pre-industrial levels and pursue efforts to limit the temperature increase to 1, 5°C above pre-industrial levels;

Or. en

Amendment 106 Emmanuel Maurel, Manon Aubry

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Underlines that due diligence 6. Underlines that due diligence strategies should be aligned with the strategies should be aligned with the Sustainable Development Goals and EU Sustainable Development Goals and EU policy objectives in the field of human policy objectives in the field of human rights and the environment, including the rights and the environment, including the European Green Deal, and EU European Green Deal, and EU international policy; international policy; considers that respect for the Union’s fundamental values should be automatically incorporated in the rules governing trade;

Or. fr

AM\1215352EN.docx 49/97 PE658.901v01-00 EN Amendment 107 Heidi Hautala

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

Or. en

Amendment 108 Jorge Buxadé Villalba

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

6. Underlines that due diligence 6. Underlines that due diligence strategies should be aligned with the strategies should not be guided by partisan Sustainable Development Goals and EU agendas or, in particular, ideological policy objectives in the field of human agendas given that the EU’s credibility as rights and the environment, including the a legislator is at stake, as is the future of European Green Deal, and EU thousands of companies and SMEs; international policy;

Or. es

Amendment 109 Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud

Motion for a resolution Paragraph 6

PE658.901v01-00 50/97 AM\1215352EN.docx EN Motion for a resolution Amendment

Or. fr

Amendment 110 Pascal Durand, Stéphane Séjourné

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

Or. en

Amendment 111 Manon Aubry

Motion for a resolution Paragraph 6

Motion for a resolution Amendment

AM\1215352EN.docx 51/97 PE658.901v01-00 EN Or. en

Amendment 112 Tiemo Wölken, Lara Wolters

Motion for a resolution Paragraph 6 a (new)

Motion for a resolution Amendment

6 a. Highlights that the obligations of the Paris Agreement imply for all sectors of the EU economy to become greenhouse gas neutral by 2050 at the latest and that companies therefore have to adjust their operations towards a path to individual carbon neutrality;

Or. en

Amendment 113 Manon Aubry

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Stresses that due diligence should 7. Stresses that due diligence should not be a ‘box-ticking exercise’ and that due not be a ‘box-ticking exercise’ and that due diligence strategies should be in line with diligence strategies should be in line with the dynamic nature of risks; considers that the dynamic nature of risks; considers that those strategies should cover every actual those strategies should cover every actual or potential adverse impact although the or potential adverse human rights, severity of the risk should be considered in environmental and governance impact the context of a prioritisation policy; although the severity and likelihood of the risk should be taken into consideration in order to adequately prioritise the exercise of due diligence; underlines that undertakings can be held liable for harm arising from human rights, environmental and governance adverse impacts regardless of the saliency of the risk that has materialised, unless the undertaking can prove that it acted with due diligence

PE658.901v01-00 52/97 AM\1215352EN.docx EN and had taken all reasonable measures to prevent such harm;

Or. en

Amendment 114 Axel Voss, Angelika Niebler, Javier Zarzalejos, Marion Walsmann, Ivan Štefanec, Andreas Schwab, Michael Gahler, Sven Simon, Daniel Caspary, Christophe Hansen, Markus Pieper, Markus Ferber, Jorge Buxadé Villalba, Hildegard Bentele, Enikő Győri, József Szájer

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Stresses that due diligence should 7. Stresses that due diligence should not be a ‘box-ticking exercise’ and that due not be a ‘box-ticking exercise’ and that due diligence strategies should be in line with diligence strategies should be in line with the dynamic nature of risks; considers that the dynamic nature of risks; considers that those strategies should cover every actual those strategies should cover actual or or potential adverse impact although the potential adverse impacts although the severity of the risk should be considered in severity of the risk must be considered in the context of a prioritisation policy; the context of a prioritisation policy; requires that, before any initiative is proposed, a robust impact assessment is carried out focusing on the administrative burden on businesses, the value added by EU companies, the employment by EU companies and the engagement of EU companies in international markets.

Or. en

Amendment 115 Liesje Schreinemacher

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Stresses that due diligence should 7. Stresses that due diligence not be a ‘box-ticking exercise’ and that obligations should be carefully designed to due diligence strategies should be in line prevent them from becoming a ‘box-

AM\1215352EN.docx 53/97 PE658.901v01-00 EN with the dynamic nature of risks; ticking exercise’; believes that to limit the considers that those strategies should administrative burden for companies it is cover every actual or potential adverse important to align with existing tools and impact although the severity of the risk frameworks as much as possible; should be considered in the context of a emphasizes the need to conduct an impact prioritisation policy; assessment which balances the economic added value and the administrative burden for undertakings, and investigates the impact on the European and global level playing field;

Or. en

Amendment 116 Daniel Buda

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Stresses that due diligence should 7. Stresses that due diligence should not be a ‘box-ticking exercise’ and that due not be a ‘box-ticking exercise’ and that due diligence strategies should be in line with diligence strategies should be in line with the dynamic nature of risks; considers that the dynamic nature of risks and comply those strategies should cover every actual with the principle of proportionality; or potential adverse impact although the considers that those strategies should cover severity of the risk should be considered in every actual or potential adverse impact the context of a prioritisation policy; although the severity of the risk should be considered in the context of a prioritisation policy;

Or. ro

Amendment 117 Heidi Hautala

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

PE658.901v01-00 54/97 AM\1215352EN.docx EN the dynamic nature of risks; considers that the dynamic nature of risks and be an those strategies should cover every actual ongoing and dynamic process that is or potential adverse impact although the reviewed on a regular basis; considers that severity of the risk should be considered in those strategies should cover every actual the context of a prioritisation policy; or potential adverse impact although the severity and likelyhood of the risk should be prioritised;

Or. en

Amendment 118 Jorge Buxadé Villalba

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Stresses that due diligence should 7. Stresses that due diligence should not be a ‘box-ticking exercise’ and that be a verification process that is easy, due diligence strategies should be in line straightforward, cheap and simple for with the dynamic nature of risks; companies, although it should be in line considers that those strategies should with the changing economic situation; cover every actual or potential adverse welcomes the fact that that process covers impact although the severity of the risk every possible actual or potential adverse should be considered in the context of a impact although the severity of the risk prioritisation policy; should always be considered in the context of a prioritisation and proportionality policy;

Or. es

Amendment 119 Karen Melchior

Motion for a resolution Paragraph 7 a (new)

Motion for a resolution Amendment

7 a. Believes that to limit the administrative burden for companies it is important to align with existing tools and frameworks as much as possible; emphasizes the need to conduct an impact

AM\1215352EN.docx 55/97 PE658.901v01-00 EN assessment which balances the economic added value and the administrative burden for undertakings, and investigates the impact on the European and global level playing field;

Or. en

Amendment 120 Manon Aubry, Emmanuel Maurel

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Highlights that sound due diligence 8. Highlights that sound due diligence requires that all stakeholders be involved requires that all potentially affected and consulted effectively and stakeholders, including workers and local meaningfully; communities, be involved and consulted effectively and meaningfully; stresses that an EU due diligence framework should ensure the full involvement of trade unions and workers’ representatives at the national, European and global levels in the whole due diligence process;

Or. en

Amendment 121 Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Highlights that sound due diligence 8. Highlights that sound due diligence requires that all stakeholders be involved requires the cooperation of the Member and consulted effectively and States and requires that all stakeholders be meaningfully; involved and consulted effectively and meaningfully;

Or. fr

PE658.901v01-00 56/97 AM\1215352EN.docx EN Amendment 122 József Szájer, Enikő Győri

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Highlights that sound due diligence 8. Highlights that sound due diligence requires that all stakeholders be involved requires that relevant stakeholders be and consulted effectively and involved and consulted effectively and meaningfully; meaningfully;

Or. en

Amendment 123 Liesje Schreinemacher, Adrián Vázquez Lázara, Karen Melchior

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Highlights that sound due diligence 8. Highlights that sound due diligence requires that all stakeholders be involved requires that stakeholders are involved and and consulted effectively and consulted effectively and meaningfully; meaningfully;

Or. en

Amendment 124 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Michael Gahler, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Christian Sagartz

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Highlights that sound due diligence 8. Highlights that sound due diligence requires that all stakeholders be involved requires that stakeholders be involved and and consulted effectively and consulted effectively and meaningfully;

AM\1215352EN.docx 57/97 PE658.901v01-00 EN meaningfully;

Or. en

Amendment 125 Manon Aubry

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that coordination at sectoral 9. Notes that coordination at sectoral level could enhance the consistency and level could enhance the consistency and effectiveness of due diligence efforts; effectiveness of due diligence efforts, allow for the sharing of best practices and contribute to leveling the playing field

Or. en

Amendment 126 Jorge Buxadé Villalba

Motion for a resolution Paragraph 9 a (new)

Motion for a resolution Amendment

9a. Stresses the importance of remembering to consult company representatives as they can offer objective and proportional insight into the risks versus the benefits of due diligence processes;

Or. es

Amendment 127 Axel Voss, Angelika Niebler, Javier Zarzalejos, Marion Walsmann, Ivan Štefanec, Andreas Schwab, Michael Gahler, Sven Simon, Daniel Caspary, Hildegard Bentele, Daniel Buda, Christian Sagartz

Motion for a resolution

PE658.901v01-00 58/97 AM\1215352EN.docx EN Paragraph 10

Motion for a resolution Amendment

10. Considers that, to enforce due 10. Considers that, to enforce due diligence, Member States should designate diligence, Member States should designate national authorities to share best practices national authorities to share best practices as well as to supervise and impose as well as to supervise and impose sanctions, including criminal sanctions in sanctions, taking into account the severity severe cases; and repeated nature of the infringements; considers that the Commission shall set up a European Due Diligence Network to ensure, together with the national competent authorities, the coordination and convergence of regulatory and supervisory practices, and monitor the performance of national competent authorities;

Or. en

Amendment 128 Emmanuel Maurel, Manon Aubry

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Considers that, to enforce due 10. Considers that, to enforce due diligence, Member States should designate diligence, Member States should designate national authorities to share best practices national authorities to share best practices as well as to supervise and impose as well as to supervise and impose sanctions, including criminal sanctions in sanctions, including criminal sanctions in severe cases; severe cases; emphasises that customs duties could be used as a means to oblige foreign companies to guarantee full application of this framework;

Or. fr

Amendment 129 Manon Aubry

Motion for a resolution

AM\1215352EN.docx 59/97 PE658.901v01-00 EN Paragraph 10

Motion for a resolution Amendment

10. Considers that, to enforce due 10. Considers that, to enforce due diligence, Member States should designate diligence requirements, Member States national authorities to share best practices should set up or designate independent as well as to supervise and impose national authorities to monitor companies’ sanctions, including criminal sanctions in due diligence exercises, investigate and severe cases; enforce sanctions for alleged breaches of due diligence obligations;

Or. en

Amendment 130 Jorge Buxadé Villalba

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Considers that, to enforce due 10. Considers that, to enforce due diligence, Member States should designate diligence, Member States could designate national authorities to share best practices national representatives to share best as well as to supervise and impose practices, strategies and advice and to sanctions, including criminal sanctions in provide the tools to allow companies who severe cases; want to do so to fulfil their objective;

Or. es

Amendment 131 Bettina Vollath

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

PE658.901v01-00 60/97 AM\1215352EN.docx EN Or. de

Amendment 132 Liesje Schreinemacher, Adrián Vázquez Lázara, Karen Melchior

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

Or. en

Amendment 133 József Szájer, Enikő Győri

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

Or. en

Amendment 134 Manon Aubry

Motion for a resolution Paragraph 10 a (new)

Motion for a resolution Amendment

AM\1215352EN.docx 61/97 PE658.901v01-00 EN 10 a. Considers that those administrations should also provide guidance to companies, especially SMEs, with regards to the exercise of due diligence, disseminate best practices, centralise all due diligence reports and information, publish all due diligence reports and all information necessary for potential victims to seek remedy;

Or. en

Amendment 135 József Szájer, Enikő Győri

Motion for a resolution Paragraph 10 a (new)

Motion for a resolution Amendment

10 a. Considers that the Commission shall set up a European Due Diligence Network to ensure, together with the national competent authorities, the coordination and convergence of regulatory and supervisory practices, sharing information and follow the activity of national competent authorities;

Or. en

Amendment 136 Manon Aubry

Motion for a resolution Paragraph 10 b (new)

Motion for a resolution Amendment

10 b. Underlines that such independent national authorities must be provided with sufficient resources and powers to realize their mission;

Or. en

PE658.901v01-00 62/97 AM\1215352EN.docx EN Amendment 137 Manon Aubry

Motion for a resolution Paragraph 10 c (new)

Motion for a resolution Amendment

10 c. Considers that, to hold undertakings responsible for human rights and environmental adverse impacts and to provide access to justice for victims, Member States should designate the adequate civil and criminal judicial authorities;

Or. en

Amendment 138 Manon Aubry, Emmanuel Maurel

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Considers that company-level 11. Recalls that States have the grievance mechanisms can provide primary duty to protect human rights and effective early-stage recourse, provided the environment; considers that company- they are legitimate, accessible, predictable, level grievance mechanisms can provide equitable, transparent and human rights- effective early-stage recourse, provided compatible; they are legitimate, accessible, predictable, equitable, transparent and human rights- compatible; considers that such private mechanisms must be certified by public authorities and properly articulated with judicial mechanisms in order to guarantee the highest protection of fundamental rights including the right to a fair trial; stresses that such mechanisms should never undermine the right of a victim to file a complaint before competent authorities and to seek justice before a public court;

AM\1215352EN.docx 63/97 PE658.901v01-00 EN Or. en

Amendment 139 Lara Wolters

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Considers that company-level 11. Considers that company-level grievance mechanisms can provide grievance mechanisms can provide effective early-stage recourse, provided effective early-stage recourse, provided they are legitimate, accessible, predictable, they are legitimate, accessible, predictable, equitable, transparent and human rights- equitable, transparent, human rights- compatible; compatible and protect against retaliation; highlights that state-based non-judicial grievance mechanisms such as National Contact Points for Responsible Business Conduct can also play a role in ensuring access to remedy;

Or. en

Amendment 140 Heidi Hautala

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Considers that company-level 11. Considers that operational-level grievance mechanisms can provide grievance mechanisms can provide effective early-stage recourse, provided effective early-stage recourse, provided they are legitimate, accessible, predictable, they are legitimate, accessible, predictable, equitable, transparent and human rights- equitable, transparent and human rights- compatible; compatible, source of continuous learning and based on engagement and dialogues;

Or. en

Amendment 141

PE658.901v01-00 64/97 AM\1215352EN.docx EN Liesje Schreinemacher

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Considers that company-level 11. Considers that sectoral-level grievance mechanisms can provide grievance mechanisms can provide effective early-stage recourse, provided effective early-stage recourse, provided they are legitimate, accessible, predictable, they are legitimate, accessible, predictable, equitable, transparent and human rights- equitable, transparent and human rights- compatible; compatible;

Or. en

Amendment 142 Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

Or. fr

Amendment 143 Liesje Schreinemacher, Adrián Vázquez Lázara

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Further considers that in order to deleted enable victims to obtain remedy, undertakings should be held liable for the damage the undertakings under their

AM\1215352EN.docx 65/97 PE658.901v01-00 EN control have caused or contributed to where the latter have, in the course of their business relationships with the former, committed violations of internationally recognized human rights or have caused environmental harm;

Or. en

Amendment 144 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Michael Gahler, Sven Simon, Daniel Caspary, Enikő Győri, Daniel Buda, József Szájer, Christian Sagartz

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Further considers that in order to deleted enable victims to obtain remedy, undertakings should be held liable for the damage the undertakings under their control have caused or contributed to where the latter have, in the course of their business relationships with the former, committed violations of internationally recognized human rights or have caused environmental harm;

Or. en

Amendment 145 Jorge Buxadé Villalba

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Further considers that in order to 12. Further considers that in order to enable victims to obtain remedy, enable victims to be compensated, undertakings should be held liable for the undertakings could be held liable as long damage the undertakings under their as it can be demonstrated that they could control have caused or contributed to have identified and avoided effectively

PE658.901v01-00 66/97 AM\1215352EN.docx EN where the latter have, in the course of their and exclusively the damage the business relationships with the former, undertakings under their control have committed violations of internationally caused or contributed to where the latter recognized human rights or have caused have, in the course of their business environmental harm; relationships with the former, committed violations of internationally recognized human rights or have caused environmental harm, always taking care not to disregard the principle of the presumption of innocence or reverse the burden of proof;

Or. es

Amendment 146 Bettina Vollath

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Further considers that in order to 12. Further considers that undertakings enable victims to obtain remedy, should bear civil liability for damage undertakings should be held liable for the incurred in the course of their own damage the undertakings under their activities or through their business control have caused or contributed to relationships if due diligence could have where the latter have, in the course of their prevented that damage from occurring; business relationships with the former, committed violations of internationally recognized human rights or have caused environmental harm;

Or. de

Amendment 147 Pascal Durand, Stéphane Séjourné

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

AM\1215352EN.docx 67/97 PE658.901v01-00 EN damage the undertakings under their damage the undertakings under their control have caused or contributed to control, which can be economic, have where the latter have, in the course of their caused or contributed to where the latter business relationships with the former, have, in the course of their business committed violations of internationally relationships with the former, committed recognized human rights or have caused violations of internationally recognized environmental harm; human rights or have caused environmental harm;

Or. en

Amendment 148 Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Further considers that in order to 12. Further considers that in order to enable victims to obtain remedy, enable victims to obtain remedy, undertakings should be held liable for the undertakings should be held liable for the damage the undertakings under their damage the undertakings under their control have caused or contributed to control have caused, where they were where the latter have, in the course of their informed and did not take any action, and business relationships with the former, where the latter have, in the course of their committed violations of internationally business relationships with the former, recognized human rights or have caused committed violations of internationally environmental harm; recognized human rights or have caused environmental harm;

Or. fr

Amendment 149 Heidi Hautala

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

PE658.901v01-00 68/97 AM\1215352EN.docx EN control have caused or contributed to environmental and governance where the latter have, in the course of impacts the undertakings they control or their business relationships with the have the ability to control, or through a former, committed violations of business relationship, have caused or internationally recognized human rights contributed by acts or omissions; or have caused environmental harm;

Or. en

Amendment 150 Manon Aubry

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Further considers that in order to 12. Further considers that in order to enable victims to obtain remedy, enable victims to obtain remedy, undertakings should be held liable for the undertakings should be held jointly liable damage the undertakings under their for the damage the undertakings under control have caused or contributed to their control have caused or contributed to where the latter have, in the course of their where the latter have, in the course of their business relationships with the former, business relationships with the former, committed violations of internationally committed violations of human rights or recognized human rights or have caused have caused environmental harm; environmental harm;

Or. en

Amendment 151 Heidi Hautala

Motion for a resolution Paragraph 12 a (new)

Motion for a resolution Amendment

12 a. Considers that in order to enable and to facilitate the effective recourse, access to justice and remediation in case of harm arising out of environmental impact, the environment itself should be granted a legal status, which would enable representatives to initiate legal

AM\1215352EN.docx 69/97 PE658.901v01-00 EN actions in its name; considers that these legal actions could be brought by qualified entities that (a) have a legitimate interest in ensuring that relevant provisions of environmental law are complied with, and (b) are designated by the Member States or by the Commission for this purpose in advance or on an ad hoc basis for a particular representative action.

Or. en

Amendment 152 Manon Aubry, Emmanuel Maurel

Motion for a resolution Paragraph 12 a (new)

Motion for a resolution Amendment

12 a. Further considers that undertakings should be held liable for harm arising out of human rights, environmental and governance adverse impacts that actors of their value chain have caused or contributed to, unless the undertaking can prove that it acted with due diligence and took all reasonable measures to prevent such harm;

Or. en

Amendment 153 Pascal Durand, Stéphane Séjourné, Liesje Schreinemacher

Motion for a resolution Paragraph 12 a (new)

Motion for a resolution Amendment

12 a. Notes that the traceability of those undertakings can be difficult; calls on the Commission to evaluate and propose tools in order to help undertakings with the

PE658.901v01-00 70/97 AM\1215352EN.docx EN traceability of their value chains;

Or. en

Amendment 154 Pascal Durand, Stéphane Séjourné, Liesje Schreinemacher

Motion for a resolution Paragraph 12 b (new)

Motion for a resolution Amendment

12 b. Stresses that digital technologies could assist companies with their value chain due diligence and reduce costs; considers that the innovation objective of the European Union should be linked to promoting human rights and sustainable governance under the new due diligence requirements;

Or. en

Amendment 155 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Michael Gahler, Sven Simon, Daniel Caspary, Enikő Győri, József Szájer, Christian Sagartz

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that conducting due deleted diligence should not absolve undertakings from liability for the harm they have caused or have contributed to; further considers, however, that having a robust due diligence process in place may help undertakings to avoid causing harm;

Or. en

AM\1215352EN.docx 71/97 PE658.901v01-00 EN Amendment 156 Manon Aubry

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that conducting due 13. Considers that taking some due diligence should not absolve undertakings diligence measures, however elaborate, from liability for the harm they have should not automatically absolve caused or have contributed to; further undertakings from liability for the harm considers, however, that having a robust they have caused or have contributed to; due diligence process in place may help further considers, however, that having a undertakings to avoid causing harm; robust and adequate due diligence process in place may help undertakings to prevent the harm from occurring;

Or. en

Amendment 157 Jorge Buxadé Villalba

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that conducting due 13. Considers that conducting due diligence should not absolve undertakings diligence should not absolve undertakings from liability for the harm they have from liability for the harm they have caused or have contributed to; further caused or have contributed to, as long as considers, however, that having a robust that harm could have been identified and due diligence process in place may help avoided through sustainable action that undertakings to avoid causing harm; was economically different to that taken; further considers that having a robust and effective due diligence process in place may help undertakings to avoid causing harm;

Or. es

Amendment 158 Liesje Schreinemacher

PE658.901v01-00 72/97 AM\1215352EN.docx EN Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Considers that conducting due 13. Considers that conducting due diligence should not absolve undertakings diligence should not absolve undertakings from liability for the harm they have from liability for the damage they have caused or have contributed to; further caused or have contributed to; further considers, however, that having a robust considers, however, that having a robust due diligence process in place may help due diligence process in place may help undertakings to avoid causing harm; undertakings to avoid causing harm;

Or. en

Amendment 159 Manon Aubry

Motion for a resolution Paragraph 13 a (new)

Motion for a resolution Amendment

13 a. Considers that the EU framework shall not impact other subcontracting and supply chain liability frameworks established at national, European and international level, including joint and several liability in subcontracting chains;

Or. en

Amendment 160 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Michael Gahler, Sven Simon, Daniel Caspary, Markus Pieper, Markus Ferber, Jorge Buxadé Villalba, Enikő Győri, Daniel Buda, József Szájer, Christian Sagartz

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Considers that, in line with the UN deleted ‘Protect, Respect and Remedy' Framework considerations on the rights

AM\1215352EN.docx 73/97 PE658.901v01-00 EN of victims to a remedy, the jurisdiction of EU courts should be extended to business- related civil claims brought against EU undertakings on account of harm caused within their value chain on account of human rights violations; further considers necessary the introduction into EU law of a forum necessitatis to give access to a court to victims who risk being denied justice;

Or. en

Amendment 161 Liesje Schreinemacher, Adrián Vázquez Lázara

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Considers that, in line with the UN deleted ‘Protect, Respect and Remedy' Framework considerations on the rights of victims to a remedy, the jurisdiction of EU courts should be extended to business- related civil claims brought against EU undertakings on account of harm caused within their value chain on account of human rights violations; further considers necessary the introduction into EU law of a forum necessitatis to give access to a court to victims who risk being denied justice;

Or. en

Amendment 162 Jorge Buxadé Villalba

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

PE658.901v01-00 74/97 AM\1215352EN.docx EN 14. Considers that, in line with the UN 14. Considers that the courts of the ‘Protect, Respect and Remedy' Member States could in exceptional cases Framework considerations on the rights hear liability claims against European of victims to a remedy, the jurisdiction of undertakings for events that have taken EU courts should be extended to business- place abroad as long as two conditions are related civil claims brought against EU met: firstly, that the injured party can undertakings on account of harm caused prove beyond any doubt that they have not within their value chain on account of had access to justice and, secondly, that human rights violations; further there is a sufficient link to the European considers necessary the introduction into country in question; EU law of a forum necessitatis to give access to a court to victims who risk being denied justice;

Or. es

Amendment 163 Bettina Vollath

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Considers that, in line with the UN 14. Considers that, in line with the UN ‘Protect, Respect and Remedy’ Framework ‘Protect, Respect and Remedy’ Framework considerations on the rights of victims to a considerations on the rights of victims to a remedy, the jurisdiction of EU courts remedy and the UN Guiding Principles on should be extended to business-related civil Business and Human Rights, the claims brought against EU undertakings on jurisdiction of EU courts should be account of harm caused within their value extended to business-related civil claims chain on account of human rights brought against EU undertakings on violations; further considers necessary the account of harm caused within their value introduction into EU law of a forum chain on account of human rights necessitatis to give access to a court to violations or environmental harm; further victims who risk being denied justice; considers necessary the introduction into EU law of a forum necessitatis to give access to a court to victims who risk being denied justice;

Or. de

Amendment 164 Manon Aubry

AM\1215352EN.docx 75/97 PE658.901v01-00 EN Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Considers that, in line with the UN 14. Considers that, in line with the UN ‘Protect, Respect and Remedy' Framework ‘Protect, Respect and Remedy' Framework considerations on the rights of victims to a considerations on the rights of victims to a remedy, the jurisdiction of EU courts remedy, the jurisdiction of EU courts should be extended to business-related should be extended to civil claims brought civil claims brought against EU against EU undertakings on account of undertakings on account of harm caused harm caused within their value chain within their value chain on account of amounting to human rights violations; human rights violations; further considers further considers necessary the necessary the introduction into EU law of a introduction into EU law of a forum forum necessitatis to give access to a court necessitatis to give access to a court to to victims who risk being denied justice; victims who risk being denied justice;

Or. en

Amendment 165 Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Considers that, in line with the UN 14. Considers that, in line with the UN ‘Protect, Respect and Remedy’ Framework ‘Protect, Respect and Remedy’ Framework considerations on the rights of victims to a considerations on the rights of victims to a remedy, the jurisdiction of EU courts remedy, the jurisdiction of the courts of the should be extended to business-related civil EU Member States should be extended to claims brought against EU undertakings on business-related civil claims brought account of harm caused within their value against EU undertakings on account of chain on account of human rights harm caused within their value chain on violations; further considers necessary the account of human rights violations; further introduction into EU law of a forum calls for consideration to be given to the necessitatis to give access to a court to introduction into EU law of a forum victims who risk being denied justice; necessitatis to give access to a court to victims who risk being denied justice;

Or. fr

Amendment 166

PE658.901v01-00 76/97 AM\1215352EN.docx EN Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that victims of business- deleted related adverse impacts are often not sufficiently protected by the law of the country where the harm has been caused; considers, in this regard, that victims of human rights abuses committed by EU undertakings should be allowed to choose the law of a legal system with high human rights standards, which could be that of the place where the defendant undertaking is domiciled;

Or. fr

Amendment 167 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Michael Gahler, Sven Simon, Daniel Caspary, Enikő Győri, Daniel Buda, József Szájer

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

Or. en

Amendment 168

AM\1215352EN.docx 77/97 PE658.901v01-00 EN Pascal Durand, Stéphane Séjourné

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that victims of business- 15. Stresses that victims of business- related adverse impacts are often not related adverse impacts are often not sufficiently protected by the law of the sufficiently protected by the law of the country where the harm has been caused; country where the harm has been caused; considers, in this regard, that victims of considers, in this regard, that victims or human rights abuses committed by EU stakeholders impacted by human rights, undertakings should be allowed to choose environmental or governance-related the law of a legal system with high human harms committed by undertakings rights standards, which could be that of the breaching EU legislations should be place where the defendant undertaking is allowed to choose the law of a legal system domiciled; with high human rights standards, which would either be that of the place where the damage occurred (lex loci damni), that of the place in which the event giving rise to the damage occurred (lex loci delicti commissi) or that of the place where the defendant undertaking is domiciled or, lacking a domicile in the Member State, where it operates.

Or. en

Amendment 169 Liesje Schreinemacher, Adrián Vázquez Lázara

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that victims of business- 15. Stresses that victims of business- related adverse impacts are often not related adverse impacts may not be sufficiently protected by the law of the sufficiently protected by the law of the country where the harm has been caused; country where the harm has been caused; considers, in this regard, that victims of considers, in this regard, that the human rights abuses committed by EU adjustment of international private law undertakings should be allowed to choose might provide relief, but that this must the law of a legal system with high human always forego a thorough legal analysis rights standards, which could be that of and impact assessment; considers that the place where the defendant undertaking such adjustment could allow the

PE658.901v01-00 78/97 AM\1215352EN.docx EN is domiciled; competent forum to apply the law of the Member State where the defendant undertaking has its registered seat;

Or. en

Amendment 170 Jorge Buxadé Villalba

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

Or. es

Amendment 171 Lara Wolters

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

AM\1215352EN.docx 79/97 PE658.901v01-00 EN place where the defendant undertaking is which could be that of the place where the domiciled; defendant undertaking is domiciled;

Or. en

Amendment 172 Manon Aubry, Emmanuel Maurel

Motion for a resolution Paragraph 15 a (new)

Motion for a resolution Amendment

15 a. Considers that guaranteeing equality of arms in litigation between the victims and the undertakings, most of which are multinational corporations, requires an adequate allocation of the burden of proof; stresses in particular that undertakings should be required to prove that they have not breached their due diligence obligation; further stresses that, in order to exempt themselves from the liability of repairing the harm, undertakings should prove that the occurrence of harm had no causal link with their failure to exercise due diligence;

Or. en

Amendment 173 Bettina Vollath

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15a. Stresses the need for due diligence analyses to consider gender, and in particular to ensure that women’s rights are protected all along the value chain and that women receive adequate support when exercising those rights;

PE658.901v01-00 80/97 AM\1215352EN.docx EN Or. de

Amendment 174 Manon Aubry, Emmanuel Maurel

Motion for a resolution Paragraph 15 b (new)

Motion for a resolution Amendment

15 b. Considers that the additional barriers in the access to justice of victims should be lifted by adopting adequate rules regarding statutes of limitation, which should last at least five years, allowing for parallel proceedings against an undertaking and its business relationships, and that judicial claims against an undertaking shouldn’t be precluded on the basis of a ruling on the liability of a business relationship for the same harm;

Or. en

Amendment 175 Bettina Vollath

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15b. Points out that, like women, indigenous populations are particularly hard hit by environmental damage and human rights violations; considers that specific measures are therefore required in this regard to ensure special protection for indigenous populations and their environments;

Or. de

AM\1215352EN.docx 81/97 PE658.901v01-00 EN Amendment 176 Manon Aubry, Emmanuel Maurel

Motion for a resolution Paragraph 15 c (new)

Motion for a resolution Amendment

15 c. Calls on the European Commission to propose a negotiating mandate for the European Union to constructively engage in the negotiation of a UN international legally binding instrument to regulate, in international human rights law, the activities of transnational corporations and other business enterprises;

Or. en

Amendment 177 Manon Aubry

Motion for a resolution Paragraph 15 d (new)

Motion for a resolution Amendment

15 d. Calls on the Commission to come forward with distinct proposals to review the non-financial reporting directive, to introduce legislation on mandatory corporate due diligence, and to introduce legislation on directors duties and sustainable corporate governance;

Or. en

Amendment 178 Jorge Buxadé Villalba

Motion for a resolution Paragraph 16

PE658.901v01-00 82/97 AM\1215352EN.docx EN Motion for a resolution Amendment

16. Requests that the Commission 16. Requests that the Commission submit without undue delay a legislative submit a proposal on voluntary due proposal on mandatory supply chain due diligence; diligence, following the recommendations set out in the Annex hereto; considers that, without prejudice to detailed aspects of the future legislative proposal, Articles 50, 83(2) and 114 TFEU should be chosen as legal bases for the proposal;

Or. es

Amendment 179 Daniel Buda

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Requests that the Commission 16. Requests that the Commission submit without undue delay a legislative submit without undue delay a legislative proposal on mandatory supply chain due proposal on due diligence, following the diligence, following the recommendations recommendations set out in the Annex set out in the Annex hereto; considers that, hereto; considers that, without prejudice to without prejudice to detailed aspects of the detailed aspects of the future legislative future legislative proposal, Articles 50, proposal, Articles 50, 83(2) and 114 TFEU 83(2) and 114 TFEU should be chosen as should be chosen as legal bases for the legal bases for the proposal; proposal;

Or. ro

Amendment 180 Manon Aubry, Heidi Hautala, Maria Arena, Anna Cavazzini, Raphaël Glucksmann, Helmut Scholz, Aurore Lalucq, Marie Toussaint, Saskia Bricmont

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Requests that the Commission 16. Requests that the Commission submit without undue delay a legislative submit without undue delay a legislative

AM\1215352EN.docx 83/97 PE658.901v01-00 EN proposal on mandatory supply chain due proposal on mandatory supply chain due diligence, following the recommendations diligence, following the recommendations set out in the Annex hereto; considers that, set out in the Annex hereto; considers that, without prejudice to detailed aspects of the without prejudice to detailed aspects of the future legislative proposal, Articles 50, future legislative proposal, Articles 50, 83(2) and 114 TFEU should be chosen as 83(2), 114, 153(1)(e) and 191 TFEU legal bases for the proposal; should be chosen as legal bases for the proposal;

Or. en

Amendment 181 Jorge Buxadé Villalba

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Considers that the requested 17. Considers that the requested proposal does not have financial proposal does not have financial implications for the Union budget; implications for the Union budget, although it could hurt the Member States and/or the companies involved;

Or. es

Amendment 182 Jorge Buxadé Villalba

Motion for a resolution Paragraph 17 a (new)

Motion for a resolution Amendment

17a. Calls on the Commission to refrain from adopting the legislation until it carries out a risk assessment and studies on the economic impact, the financial impact and the possible impact on the ability of European companies to compete with third-country companies not affected by the legislation;

Or. es

PE658.901v01-00 84/97 AM\1215352EN.docx EN Amendment 183 Manon Aubry, Raphaël Glucksmann, Sirpa Pietikäinen, Helmut Scholz, Aurore Lalucq, Marie Toussaint, Saskia Bricmont, Maria Arena, Heidi Hautala, Anna Cavazzini

Motion for a resolution Annex I – part 1 – paragraph 3

Motion for a resolution Amendment

Having regard to the Treaty on the Having regard to the Treaty on the Functioning of the European Union, and in Functioning of the European Union, and in particular Articles 50, 83(2) and 114 particular Articles 50, 83(2), 114, 153(1)(e) thereof, and 191 thereof,

Or. en

Amendment 184 Manon Aubry

Motion for a resolution Annex I – part 1 – paragraph 9 – introductory part

Motion for a resolution Amendment

Whereas: Whereas: Since the 1970s, there have been several high level attempts at international level to regulate the transnational activities of companies, with the aim to properly allocate the legal responsibilities for adverse human rights, governance and environmental impacts occurring down complex value chains.

Or. en

Amendment 185 Jorge Buxadé Villalba

Motion for a resolution Annex I – part 1 – paragraph 9 – point 1

AM\1215352EN.docx 85/97 PE658.901v01-00 EN Motion for a resolution Amendment

1. The debate on the responsibilities 1. The debate on the responsibilities of business in relation to human rights of business in relation to fundamental became prominent in the 1990s, when new rights became prominent in the 1990s, offshoring practices in clothing and when new offshoring practices in clothing footwear production drew attention to the and footwear production drew attention to poor labour conditions that many workers the poor labour conditions that many in global value chains faced. At the same workers, including children, faced. time, many oil, gas, and mining companies pushed into increasingly remote areas, often displacing indigenous communities without adequate consultation or compensation.

Or. es

Amendment 186 Manon Aubry

Motion for a resolution Annex I – part 1 – paragraph 9 – point 1

Motion for a resolution Amendment

1. The debate on the responsibilities 1. The awareness of the of business in relation to human rights responsibilities of business with regards to became prominent in the 1990s, when new the adverse impact of their value chains offshoring practices in clothing and on human rights became prominent in the footwear production drew attention to the 1990s, when new offshoring practices in poor labour conditions that many workers clothing and footwear production drew in global value chains faced. At the same attention to the poor labour conditions that time, many oil, gas, and mining companies many workers in global value chains faced. pushed into increasingly remote areas, At the same time, many oil, gas, and often displacing indigenous communities mining companies pushed into increasingly without adequate consultation or remote areas, often displacing indigenous compensation. communities without adequate consultation or compensation.

Or. en

Amendment 187 Pascal Durand, Stéphane Séjourné

Motion for a resolution

PE658.901v01-00 86/97 AM\1215352EN.docx EN Annex I – part 1 – paragraph 9 – point 1

Motion for a resolution Amendment

1. The debate on the responsibilities 1. The debate on the responsibilities of business in relation to human rights of business in relation to human rights became prominent in the 1990s, when new became prominent in the 1990s, when new offshoring practices in clothing and offshoring practices in clothing and footwear production drew attention to the footwear production drew attention to the poor labour conditions that many workers poor labour conditions that many workers in global value chains faced. At the same in global value chains faced. At the same time, many oil, gas, and mining companies time, many oil, gas, mining and food pushed into increasingly remote areas, industry companies pushed into often displacing indigenous communities increasingly remote areas, often displacing without adequate consultation or indigenous communities without adequate compensation. consultation or compensation.

Or. en

Amendment 188 József Szájer, Enikő Győri

Motion for a resolution Annex I – part 1 – paragraph 9 – point 2

Motion for a resolution Amendment

2. Within a context of mounting 2. Within a context of mounting evidence of human rights violations and evidence of human rights violations and environmental degradation, concern grew environmental degradation, concern grew about ensuring businesses respected human about ensuring businesses respected human rights, in particular when operating in rights, in particular when operating in countries with weak legal systems and countries outside of the EU, with weak enforcement, and holding them legal systems and enforcement. In this accountable for causing or contributing to light, the UN Human Rights Council in harm. In this light, the UN Human Rights 2008 unanimously welcomed the “Protect, Council in 2008 unanimously welcomed Respect and Remedy” Framework. This the “Protect, Respect and Remedy” framework rests on three pillars: the state Framework. This framework rests on three duty to protect against human rights abuses pillars: the state duty to protect against by third parties, including businesses, human rights abuses by third parties, through appropriate policies, regulation, including businesses, through appropriate and adjudication; the corporate policies, regulation, and adjudication; the responsibility to respect human rights, corporate responsibility to respect human which means acting with due diligence to rights, which means acting with due avoid infringing on the rights of others and diligence to avoid infringing on the rights to address adverse impacts that occur. of others and to address adverse impacts

AM\1215352EN.docx 87/97 PE658.901v01-00 EN that occur, and greater access by victims to effective remedy, both judicial and non- judicial.

Or. en

Amendment 189 Manon Aubry

Motion for a resolution Annex I – part 1 – paragraph 9 – point 2

Motion for a resolution Amendment

2. Within a context of mounting 2. Within a context of mounting evidence of human rights violations and evidence of human rights violations and environmental degradation, concern grew environmental degradation, concern grew about ensuring businesses respected human about ensuring businesses respected human rights, in particular when operating in rights and guaranteeing access to justice countries with weak legal systems and for victims, in particular when the value enforcement, and holding them chains of some businesses spread in accountable for causing or contributing to countries with weak legal systems and harm. In this light, the UN Human Rights enforcement, and holding them Council in 2008 unanimously welcomed accountable for causing or contributing to the “Protect, Respect and Remedy” harm. In this light, the UN Human Rights Framework. This framework rests on three Council in 2008 unanimously welcomed pillars: the state duty to protect against the “Protect, Respect and Remedy” human rights abuses by third parties, Framework. This framework rests on three including businesses, through appropriate pillars: the state duty to protect against policies, regulation, and adjudication; the human rights abuses by third parties, corporate responsibility to respect human including businesses, through appropriate rights, which means acting with due policies, regulation, and adjudication; the diligence to avoid infringing on the rights corporate responsibility to respect human of others and to address adverse impacts rights, which means acting with due that occur, and greater access by victims to diligence to avoid infringing on the rights effective remedy, both judicial and non- of others and to address adverse impacts judicial. that occur, and greater access by victims to effective remedy, both judicial and non- judicial.

Or. en

Amendment 190 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Christian Sagartz

PE658.901v01-00 88/97 AM\1215352EN.docx EN Motion for a resolution Annex I – part 1 – paragraph 9 – point 2

Motion for a resolution Amendment

2. Within a context of mounting 2. Within a context of mounting evidence of human rights violations and evidence of human rights violations and environmental degradation, concern grew environmental degradation, concern grew about ensuring businesses respected human about ensuring businesses respected human rights, in particular when operating in rights, in particular when operating in countries with weak legal systems and countries with weak legal systems and enforcement, and holding them enforcement, and holding them accountable for causing or contributing to accountable for causing or contributing to harm. In this light, the UN Human Rights harm. In this light, the UN Human Rights Council in 2008 unanimously welcomed Council in 2008 unanimously welcomed the “Protect, Respect and Remedy” the “Protect, Respect and Remedy” Framework. This framework rests on three Framework. This framework rests on three pillars: the state duty to protect against pillars: the state duty to protect against human rights abuses by third parties, human rights abuses by third parties, including businesses, through appropriate including businesses, through appropriate policies, regulation, and adjudication; the policies, regulation, and adjudication; the corporate responsibility to respect human corporate responsibility to respect human rights, which means acting with due rights, which means acting with due diligence to avoid infringing on the rights diligence to avoid infringing on the rights of others and to address adverse impacts of others and to address adverse impacts that occur, and greater access by victims to that occur. effective remedy, both judicial and non- judicial.

Or. en

Amendment 191 Caterina Chinnici, Franco Roberti, Lara Wolters

Motion for a resolution Annex I – part 1 – paragraph 9 – point 3

Motion for a resolution Amendment

AM\1215352EN.docx 89/97 PE658.901v01-00 EN responsibility to respect human rights into responsibility to respect human rights into practice. Subsequently, other international practice. Subsequently, other international organisations developed due diligence organisations developed due diligence standards based on the UNGPs. The 2011 standards based on the UNGPs. The 2011 OECD Guidelines for Multinational OECD Guidelines for Multinational Enterprises refer extensively to due Enterprises refer extensively to due diligence and the OECD has developed diligence and the OECD has developed guidance to help enterprises carry out due guidance to help enterprises carry out due diligence in specific sectors and supply diligence in specific sectors and supply chains. In 2018, the OECD adopted general chains. In 2018, the OECD adopted general Due Diligence Guidance for Responsible Due Diligence Guidance for Responsible Business Conduct. Similarly, the Business Conduct. Similarly, the International Labour Organisation (ILO) International Labour Organisation (ILO) adopted in 2017 the ILO Tripartite adopted in 2017 the ILO Tripartite Declaration of Principles Concerning Declaration of Principles Concerning Multinational Enterprises and Social Multinational Enterprises and Social Policy, which encourages enterprises to put Policy, which encourages enterprises to put in place due diligence mechanisms to in place due diligence mechanisms to identify, prevent, mitigate and account for identify, prevent, mitigate and account for the manner in which they address their the manner in which they address their business’s actual and potential adverse business’s actual and potential adverse impacts as regards internationally impacts as regards internationally recognized human rights. recognized human rights. The 2012 United Nations Global Compact, Save the Children and UNICEF Children’s Rights and Business Principles identify key children’s rights considerations relating to adverse business impact and UNICEF has developed a series of guidance documents supporting business due diligence and children. The 2013 UN Committee on the Rights of the Child General Comment No. 16 identifies a comprehensive range of State obligations regarding the impact of the business sector on children’s rights, including States requiring businesses to undertake child-rights due diligence.

Or. en

Amendment 192 Manon Aubry

Motion for a resolution Annex I – part 1 – paragraph 9 – point 3

PE658.901v01-00 90/97 AM\1215352EN.docx EN Motion for a resolution Amendment

3. This framework was followed by 3. This framework was followed by the UN Human Rights Council’s the UN Human Rights Council’s endorsement in 2011 of the “Guiding endorsement in 2011 of the “Guiding Principles on Business and Human Rights” Principles on Business and Human Rights” (UNGPs). The UNGPs introduced the first (UNGPs). The UNGPs introduced the first global standard for “due diligence” and global standard for “due diligence” and enabled companies to put their enabled companies to put their responsibility to respect human rights into responsibility to respect human rights into practice. Subsequently, other international practice. Subsequently, other international organisations developed due diligence organisations developed due diligence standards based on the UNGPs. The 2011 standards based on the UNGPs. The 2011 OECD Guidelines for Multinational OECD Guidelines for Multinational Enterprises refer extensively to due Enterprises refer extensively to due diligence and the OECD has developed diligence and the OECD has developed guidance to help enterprises carry out due guidance to help enterprises carry out due diligence in specific sectors and supply diligence in specific sectors and supply chains. In 2018, the OECD adopted general chains. In 2016, the Committee of Due Diligence Guidance for Responsible Ministers adopted a recommendation to Business Conduct. Similarly, the Member states on human rights and International Labour Organisation (ILO) business calling for Member States of the adopted in 2017 the ILO Tripartite Council of Europe to adopt legislative and Declaration of Principles Concerning other measures to ensure that human Multinational Enterprises and Social rights violations in an undertaking’s Policy, which encourages enterprises to put value chain give rise to civil, in place due diligence mechanisms to administrative and criminal liability identify, prevent, mitigate and account for before European courts. In 2018, the the manner in which they address their OECD adopted general Due Diligence business’s actual and potential adverse Guidance for Responsible Business impacts as regards internationally Conduct. Similarly, the International recognized human rights. Labour Organisation (ILO) adopted in 2017 the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy, which encourages enterprises to put in place due diligence mechanisms to identify, prevent, mitigate and account for the manner in which they address their business’s actual and potential adverse impacts as regards internationally recognized human rights.

Or. en

Amendment 193 Jorge Buxadé Villalba

AM\1215352EN.docx 91/97 PE658.901v01-00 EN Motion for a resolution Annex I – part 1 – paragraph 9 – point 4

Motion for a resolution Amendment

4. Businesses thus currently have at 4. Businesses thus currently have at their disposal an important number of their disposal an important number of international due diligence instruments that international due diligence instruments that can help them fulfil their responsibility to can help them fulfil their responsibility to respect human rights. While it is difficult respect human rights. Respect for human to overstate the importance of these rights continues to play a marginal role in instruments for businesses that take their undertakings’ policies and strategies. This duty to respect human rights seriously, is exacerbated by many undertakings’ their voluntary nature hampers their excessive focus on short-term profit effectiveness and their effect has indeed maximisation. proved limited, with a restricted number of businesses voluntarily implementing human rights due diligence in relation to their activities and those of their business relationships. Respect for human rights continues to play a marginal role in undertakings’ policies and strategies. This is exacerbated by many undertakings’ excessive focus on short-term profit maximisation.

Or. es

Amendment 194 Axel Voss, Angelika Niebler, Javier Zarzalejos, Ivan Štefanec, Andreas Schwab, Sven Simon, Daniel Caspary, Christian Sagartz

Motion for a resolution Annex I – part 1 – paragraph 9 – point 4

Motion for a resolution Amendment

PE658.901v01-00 92/97 AM\1215352EN.docx EN proved limited, with a restricted number of voluntarily implementing human rights due businesses voluntarily implementing diligence in relation to their activities and human rights due diligence in relation to those of their business relationships. their activities and those of their business relationships. Respect for human rights continues to play a marginal role in undertakings’ policies and strategies. This is exacerbated by many undertakings’ excessive focus on short-term profit maximisation.

Or. en

Amendment 195 József Szájer, Enikő Győri

Motion for a resolution Annex I – part 1 – paragraph 9 – point 4

Motion for a resolution Amendment

4. Businesses thus currently have at 4. Businesses thus currently have at their disposal an important number of their disposal an important number of international due diligence instruments that international due diligence instruments that can help them fulfil their responsibility to can help them fulfil their responsibility to respect human rights. While it is difficult respect human rights. While it is difficult to overstate the importance of these to overstate the importance of these instruments for businesses that take their instruments for businesses that take their duty to respect human rights seriously, duty to respect seriously, their their voluntary nature hampers their effectiveness should be enhanced and effectiveness and their effect has indeed other soft law measures should be proved limited, with a restricted number developed in order to encourage of businesses voluntarily implementing businesses to voluntarily implement human human rights due diligence in relation to rights due diligence in relation to their their activities and those of their business activities and those of their business relationships. Respect for human rights relationships. continues to play a marginal role in undertakings’ policies and strategies. This is exacerbated by many undertakings’ excessive focus on short-term profit maximisation.

Or. en

Amendment 196

AM\1215352EN.docx 93/97 PE658.901v01-00 EN Liesje Schreinemacher, Adrián Vázquez Lázara

Motion for a resolution Annex I – part 1 – paragraph 9 – point 4

Motion for a resolution Amendment

4. Businesses thus currently have at 4. Businesses thus currently have at their disposal an important number of their disposal an important number of international due diligence instruments that international due diligence instruments that can help them fulfil their responsibility to can help them fulfil their responsibility to respect human rights. While it is difficult respect human rights. While it is difficult to overstate the importance of these to overstate the importance of these instruments for businesses that take their instruments for businesses that take their duty to respect human rights seriously, duty to respect human rights seriously, their voluntary nature hampers their their voluntary nature can hamper their effectiveness and their effect has indeed effectiveness and their effect has been proved limited, with a restricted number of varying, with a restricted number of businesses voluntarily implementing businesses voluntarily implementing human rights due diligence in relation to human rights due diligence in relation to their activities and those of their business their activities and those of their business relationships. Respect for human rights relationships. continues to play a marginal role in undertakings’ policies and strategies. This is exacerbated by many undertakings’ excessive focus on short-term profit maximisation.

Or. en

Amendment 197 Manon Aubry

Motion for a resolution Annex I – part 1 – paragraph 9 – point 4

Motion for a resolution Amendment

PE658.901v01-00 94/97 AM\1215352EN.docx EN effectiveness and their effect has indeed effectiveness and their effect has indeed proved limited, with a restricted number of proved limited, with a restricted number of businesses voluntarily implementing businesses voluntarily implementing human rights due diligence in relation to human rights due diligence in relation to their activities and those of their business their activities and those of their business relationships. Respect for human rights relationships. Respect for human rights continues to play a marginal role in continues to play a marginal role in undertakings’ policies and strategies. This undertakings’ policies and strategies. This is exacerbated by many undertakings’ is exacerbated by many undertakings’ excessive focus on short-term profit excessive focus on short-term profit maximisation. maximisation, including shareholders’ pressure to maximise share value.

Or. en

Amendment 198 Manon Aubry, Emmanuel Maurel

Motion for a resolution Annex I – part 1 – paragraph 9 – point 4 a (new)

Motion for a resolution Amendment

4 a. Existing international due diligence instruments have failed to provide victims of human rights and environmental adverse impacts with access to justice and remedies because of their non judicial and voluntary nature. The primary duty to protect human rights and provide access to justice lies with States, and the lack of public judicial mechanisms to hold companies liable for damages occurring in their value chains should not and cannot adequately be compensated by the development of private operational grievance mechanisms. Whereas such mechanisms are useful in providing emergency relief and fast compensation for small damages, they should be closely regulated by public authorities and shall not undermine the right of victims to access justice and the right to a fair trial before public courts.

Or. en

AM\1215352EN.docx 95/97 PE658.901v01-00 EN Amendment 199 Jorge Buxadé Villalba

Motion for a resolution Annex I – part 1 – paragraph 9 – point 5

Motion for a resolution Amendment

5. In light of the limitations of 5. The Union has adopted mandatory voluntary due diligence, the Union has due diligence frameworks in very specific adopted mandatory due diligence areas with the aim of combating sectors frameworks in specific areas with the aim that harm the interests of the Union or its of combating the financing of terrorism, Member States, such as the financing of and deforestation. In 2010, the Union terrorism or deforestation. In 2010, the adopted the Timber Regulation3, which Union adopted the Timber Regulation3, subjects operators that place timber and which subjects operators that place timber timber products on the internal market to and timber products on the internal market due diligence requirements and requires to due diligence requirements and requires traders in the supply chain to provide basic traders in the supply chain to provide basic information on their suppliers and buyers information on their suppliers and buyers to improve the traceability of timber and to improve the traceability of timber and timber products. The Conflict Minerals timber products. The Conflict Minerals Regulation4 establishes a Union system for Regulation4 establishes a Union system for supply chain due diligence in order to supply chain due diligence in order to curtail opportunities for armed groups and curtail opportunities for armed groups, security forces to trade in tin, tantalum and terrorist groups and/or security forces to tungsten, their ores, and gold. trade in tin, tantalum and tungsten, their ores, and gold. ______3 Regulation (EU) No 995/2010 of the 3 Regulation (EU) No 995/2010 of the European Parliament and of the Council of European Parliament and of the Council of 20 October 2010 laying down the 20 October 2010 laying down the obligations of operators who place timber obligations of operators who place timber and timber products on the market (OJ L and timber products on the market (OJ L 295, 12.11.2010, p. 23). 295, 12.11.2010, p. 23). 4 Regulation (EU) 2017/821 of the 4 Regulation (EU) 2017/821 of the European Parliament and of the Council of European Parliament and of the Council of 17 May 2017 laying down supply chain 17 May 2017 laying down supply chain due diligence obligations for Union due diligence obligations for Union importers of tin, tantalum and tungsten, importers of tin, tantalum and tungsten, their ores, and gold originating from their ores, and gold originating from conflict-affected and high-risk areas, (OJ L conflict-affected and high-risk areas, (OJ L 130, 19.5.2017, p. 1). 130, 19.5.2017, p. 1).

Or. es

PE658.901v01-00 96/97 AM\1215352EN.docx EN Amendment 200 Jorge Buxadé Villalba

Motion for a resolution Annex I – part 1 – paragraph 9 – point 6

Motion for a resolution Amendment

6. A more general approach was taken 6. A more general approach was taken by the Non-Financial Reporting Directive5, by the Non-Financial Reporting Directive5, which imposes on some large undertakings which imposes on some large undertakings the obligation to report on the policies they the obligation to report on the policies they pursue in relation to environmental, social pursue in relation to environmental, social and employee matters, respect for human and employee matters, respect for human rights, anti-corruption and bribery matters, rights, anti-corruption and bribery matters, including due diligence. However, the including due diligence. scope of that directive is limited and the obligation is based on a comply-or- explain principle. ______5 Directive 2014/95/EU of the European 5 Directive 2014/95/EU of the European Parliament and of the Council of 22 Parliament and of the Council of 22 October 2014 amending October 2014 amending Directive 2013/34/EU as regards disclosure Directive 2013/34/EU as regards disclosure of non-financial and diversity information of non-financial and diversity information by certain large undertakings and groups by certain large undertakings and groups (OJ L 330, 15.11.2014, p. 1). (OJ L 330, 15.11.2014, p. 1).

Or. es

AM\1215352EN.docx 97/97 PE658.901v01-00 EN