Changes from plenary report to adopted text

RemovedTo this end, the following elements could be added or strengthened:

Removed- ensuring that companies carry out due diligence efforts throughout their entire value chains, based on the risk of adverse impacts determined by their sector of activity and the context of their operations;

Removed- requiring companies to tackle risks and adverse impacts on good governance, given the proven and internationally recognised interrelationship between good governance and the enjoyment of Human Rights;

Removed- requiring companies to meaningfully engage with stakeholders with the aim of informing and improving their corporate decisions and due diligence practices, as well as to ensure protection and safety of all stakeholders from retaliation and reprisal for their participation;

Removed- requiring companies to provide for effective remediation of harm caused by or connected to their operations and value chains;

Removed- ensuring liability of companies and guaranteeing access to justice and legal remedies for victims of harm linked to violations of due diligence obligations.

RemovedAMENDMENTS

RemovedThe Committee on Foreign Affairs calls on the Committee on Legal Affairs, as the committee responsible, to take into account the following amendments:

RemovedRecital 1: (1) The Union is founded on the respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights as enshrined in the EU Treaties and the EU Charter of Fundamental Rights. Those core values that have inspired the Union’s own creation, as well as the universality and indivisibility of human rights, and respect for the principles of the United Nations Charter and international law, should guide the Union’s action on the international scene. Such action includes fostering the sustainable economic, social and environmental development of developing countries.

RemovedRecital 5: (5) Existing international standards on responsible business conduct specify that companies have a responsibility to respect and should protect human rights and set out how they should address the protection of the environment across their operations and value chains. The United Nations Guiding Principles on Business and Human Rights79 recognise the responsibility of companies to exercise human rights due diligence by identifying, preventing and mitigating the adverse impacts of their operations on human rights and by accounting for how they address those impacts. Those Guiding Principles state that businesses should avoid infringing human rights and should address adverse human rights impacts that they have caused, contributed to or are linked with in their own operations, subsidiaries and through their direct and indirect business relationships. Those Guiding Principles state that businesses should have in place processes to enable the remediation of any adverse human right impacts they cause or to which they contribute. Those Guiding Principles further recognise, as part of their duty to protect against business-related human rights abuses, that States should take appropriate steps to ensure, through judicial, administrative and legislative means, that those affected have access to an effective remedy.

RemovedRecital 6: (6) The concept of human rights due diligence was specified and further developed in the OECD Guidelines for Multinational Enterprises80 which extended the application of due diligence to environmental and governance topics. The OECD Guidance on Responsible Business Conduct and sectoral guidance81 are internationally recognised frameworks setting out practical due diligence steps to help companies identify, prevent, mitigate and account for how they address actual and potential impacts in their operations, value chains and other business relationships. The OECD Guidelines also set out the requirement for companies to engage with relevant stakeholders in order to provide meaningful opportunities for their views to be taken into account in relation to planning and decision making for projects or other activities that may significantly impact local communities. The concept of due diligence is also embedded in the recommendations of the International Labour Organisation (ILO) Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy.82

RemovedRecital 12: (12) This Directive is in coherence with the EU Action Plan on Human Rights and Democracy 2020-202499 . This Action Plan defines as a priority to strengthen the Union’s engagement to actively promote the global implementation of the United Nations Guiding Principles on Business and Human Rights and other relevant international guidelines such as the OECD Guidelines for Multinational Enterprises, including by advancing relevant due diligence standards. The Action Plan also emphasises the importance of the fight against corruption along the lines of the UN Convention against Corruption, recognising that corruption facilitates, perpetuates and institutionalises human rights violations and hinders the observance and implementation of human rights. / 99 Joint Communication to the European Parliament and the Council on the EU Action Plan on Human Rights and Democracy 2020-2024 (JOIN(2020)5 final).

RemovedRecital 14: (14) This Directive aims to ensure that companies active in the internal market respect human rights and contribute to sustainable development and the sustainability transition of economies and societies through the identification, prevention and mitigation of potential and actual adverse impacts on human rights, the environment and good governance and through bringing to an end, providing for effective legal remediation and ensuring access to justice for victims of actual adverse impacts on human rights, the environment and good governance connected with companies’ own operations, subsidiaries and value chains.

RemovedRecital 15: (15) Companies should take appropriate steps to set up and carry out due diligence measures, with respect to their own operations, their subsidiaries, as well as their business relationships throughout their value chains in accordance with the provisions of this Directive. This Directive should not require companies to guarantee, in all circumstances, that adverse impacts will never occur or that they will be stopped. For example with respect to business relationships where the adverse impact results from State intervention, the company might not be in a position to arrive at such results. In such a situation, the company should foresee following its assessment to terminate the business relationship with respect of the activities concerned. Therefore, the main obligations in this Directive should be ‘obligations of means’. The company should take the appropriate measures which can reasonably be expected to result in prevention or minimisation of the adverse impact under the circumstances of the specific case. Account should be taken of the specificities of the company’s value chain, sector or geographical area in which its value chain partners operate, the company’s power to influence its direct and indirect business relationships, and whether the company could increase its power of influence.

RemovedRecital 15 a (new): (15a) Companies should adapt the due diligence measures to the context, environment and political and social circumstances of their own operations, their subsidiaries, as well as their business relationships throughout their value chains. In conflict-affected and high-risk areas, companies face an increased risk of being involved in serious human rights abuses In these areas, Member States and companies should respect their obligations under International Humanitarian Law (IHL) when applicable, and should undertake heightened due diligence following the guidance on heightened human rights due diligence for business in conflict-affected contexts developed by the UNDP and other relevant international bodies. This includes complementing standard due diligence with a conflict analysis, based on stakeholders engagement, aimed at understanding the root causes, triggers and parties driving the conflict and the impact of the company’s business activities on the conflict.

RemovedRecital 16: (16) The due diligence process set out in this Directive should cover the six steps defined by the OECD Due Diligence Guidance for Responsible Business Conduct, which include due diligence measures for companies to identify and address adverse impacts on human rights, the environment and good governance. This encompasses the following steps: (1) integrating due diligence into policies and management systems, (2) identifying and assessing adverse impacts on human rights, the environment and good governance, (3) preventing, ceasing or minimising actual and potential adverse impacts on human rights, the environment and good governance, (4) assessing the effectiveness of measures, (5) communicating, (6) providing remediation. The OECD Due Diligence Guidance for Responsible Business Conduct also includes detailed recommendations to ensure meaningful stakeholder involvement and access to justice, including guidance to remove barriers to engagement with vulnerable stakeholder groups.

RemovedRecital 16 a (new): (16a) For each of the six steps and throughout the entire due diligence process, companies should carry out meaningful stakeholders engagement. As set out in the OECD Guidelines for Multinational Enterprises, effective stakeholder engagement involves interactive processes, is characterised by two-way communication and depends on the good faith of the participants on both sides. For the purpose of this Directive, stakeholders engagement processes should guarantee the safety and protection of the physical and legal integrity of stakeholders. Companies should address risks of retaliation and reprisal faced by stakeholders due to their participation. Companies should pay special attention to overlapping vulnerabilities and intersecting factors in stakeholder engagement. Vulnerable stakeholders groups suffer from differentiated and often disproportionate adverse impacts and often face discrimination and additional barriers to participation and access to justice. Companies should provide meaningful information to stakeholders about actual and potential adverse impacts on human rights, the environment and good governance of particular operations, projects and investments, in a timely and accessible manner, taking into account specifics of the stakeholder’s group. Companies must respect the rights of indigenous peoples, as laid out in the United Nations Declaration on the Rights of Indigenous Peoples, including as regards their free, prior and informed consent and their right to self…

RemovedRecital 17: (17) Adverse impacts on human rights, the environment and good governance, occur in companies’ own operations, subsidiaries, products, services, and in their value chains, in particular at the level of raw material sourcing, manufacturing, or at the level of product or waste disposal. In order for the due diligence to have a meaningful impact, it should cover adverse impacts on human rights, the environment and good governance generated throughout the life-cycle of production and use and disposal of product or provision of services, at the level of own operations, subsidiaries and in the value chains of companies within the scope.

RemovedRecital 20: (20) In order to allow companies to properly identify the adverse impacts in their value chain and to make it possible for them to exercise appropriate leverage, the due diligence obligations in this Directive should cover business relationships.

RemovedRecital 21: (21) Under this Directive, EU companies with more than 250 employees on average or a worldwide net turnover exceeding EUR 40 million and/or a balance sheet of more than EUR 20 million in the last financial year for which annual financial statements have been prepared should be required to comply with due diligence. As regards companies which do not fulfil those criteria, but are publicly listed on the stock exchange or had more than 50 employees on average, and had a net worldwide turnover of more than EUR 8 million and/or a balance sheet of more than EUR 4 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of its net turnover was generated in one or more high-impact sectors, due diligence should apply 2 years after the end of the transposition period of this directive, in order to provide for a longer adaptation period. Temporary agency workers, including those posted under Article 1(3), point (c), of Directive 96/71/EC, as amended by Directive 2018/957/EU of the European Parliament and of the Council103 , should be included in the calculation of the number of employees in the user company. Posted workers under Article 1(3), points (a) and (b), of Directive 96/71/EC, as amended by Directive 2018/957/EU, should only be included in the calculation of the number of employees of the sending company.

RemovedRecital 22: (22) In order to reflect the priority areas of international action aimed at tackling human rights, environmental and good governance issues, the selection of high-impact sectors for the purposes of this Directive should be based on the collection of independent data on and documentation of human rights violations, good governance issues and environmental damages and could in particular be informed by existing and future sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, wearing apparel, leather and related products (including footwear and articles of fur), and the wholesale trade and retail sale of clothing, footwear and leather goods in specialised stores; agriculture, water supply, forestry, fisheries (including aquaculture), botanical and zoological gardens and nature reserves activities, the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; mining and quarrying, the extraction and refining, transport and handling of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products, and the wholesale trade of mineral resources, basic and intermedia…

RemovedRecital 25: (25) In order to achieve a meaningful contribution to the sustainability transition, due diligence under this Directive should be carried out with respect to adverse human rights impact on persons resulting from any action or omission which ends or reduces the ability of an individual or a group to enjoy the rights and be protected by prohibitions as enshrined in the international instruments and conventions as listed in the Annex to this Directive. In order to ensure a comprehensive coverage of human rights, a negative impact on the enjoyment of a right not specifically listed in that Annex which directly impairs a legal interest protected in those conventions should also form part of the adverse human rights impact covered by this Directive. That Annex should be reviewed on a regular basis and be consistent with the Union’s objectives on human rights. The Commission should be empowered to adopt delegated acts to amend the list in Annex. Due diligence should further encompass adverse environmental impacts resulting from the violation of one of the prohibitions and obligations pursuant to the international environmental conventions listed in the Annex to this Directive.

RemovedRecital 27: (27) In order to conduct appropriate human rights, environmental and good governance due diligence with respect to their operations, their subsidiaries, and their value chains, companies covered by this Directive should integrate due diligence into corporate policies, identify, prevent and mitigate as well as bring to an end, and provide for remediation of potential and actual adverse impacts on human rights, the environment and good governance, establish and maintain a complaints mechanism monitor the effectiveness of the taken measures in accordance with the requirements that are set up in this Directive and communicate publicly on their due diligence. In order to ensure clarity for companies, in particular the steps of preventing and mitigating potential adverse impacts and of bringing to an end, or when this is not possible, minimising and providing for remediation of actual adverse impacts should be clearly distinguished in this Directive.

RemovedRecital 28: (28) In order to ensure that due diligence forms part of companies’ corporate policies, and in line with the relevant international framework, companies should integrate due diligence into all their corporate policies and have in place a due diligence policy. The due diligence policy should contain a description of the company’s approach, including in the long term, to due diligence, a code of conduct describing the rules and principles to be followed by the company’s employees and subsidiaries; a description of the processes put in place to implement due diligence, including the measures taken to verify compliance with the code of conduct and to extend its application to business relationships. The code of conduct should apply in all relevant corporate functions and operations, including procurement and purchasing decisions. Companies should also assess and update their due diligence policy whenever there are reasonable grounds to believe that new risks of adverse impacts may arise, and at least annually.

RemovedRecital 30: (30) Under the due diligence obligations set out by this Directive, a company should identify and assess actual or potential adverse impacts on human rights, the environment and good governance. In order to allow for a comprehensive identification of adverse impacts, such identification should be based on meaningful stakeholders engagement quantitative and qualitative indicators, a mapping of the company’s value chains, including relevant information, such as names, locations, types of products and services supplied, and concerning subsidiaries, suppliers and business partners. For instance, as regards adverse environmental impacts, the company should obtain information about baseline conditions at higher risk sites or facilities in value chains. Identification of adverse impacts should include assessing the human rights, and environmental context in a dynamic way and in regular intervals: prior to a new activity or relationship, prior to major decisions or changes in the operation; in response to or anticipation of changes in the operating environment; and periodically, at least every 12 months, throughout the life of an activity or relationship. Free, prior and informed consent of indigenous peoples should be a pre-requisite for any activity that affects their lands, territories and natural resources. When identifying adverse impacts, companies should also identify and assess the impact of a business relationship’s business model and strategies, including trading, procureme…

RemovedRecital 32: (32) In line with international standards, prevention and mitigation as well as bringing to an end and remediation of adverse impacts should take into account the interests of those adversely impacted. In order to enable continuous engagement with the value chain business partner instead of termination of business relations (disengagement) and possibly exacerbating adverse impacts, this Directive should ensure that companies engage with affected stakeholders and assess potential adverse impacts of temporal suspension or termination of contracts, in order to avoid greater harm. Disengagement should be foreseen when the potential adverse impact is linked to a systemic and state organised oppression and consequently cannot be prevented by the actions of the company and when the company assesses that terminating the business relationship would not create greater adverse impact than the one it intends to prevent or mitigate.

RemovedRecital 34: (34) So as to comply with the prevention and mitigation obligation under this Directive, companies should be required to take the following actions: companies should develop and implement a prevention action plan. The prevention action plan should be developed through meaningful stakeholders engagement on an ongoing basis and be accurately tailored to the context of companies operations and value chain. It should identify and assess if the company’s business model and strategies are adapted with the due diligence requirements and include a prioritisation strategy based on the severity and likelihood of the potential adverse impact in the event that the company is not in a position to prevent or mitigate all potential adverse impacts at the same time. Companies should seek to obtain contractual assurances from a direct partner with whom they have business relationship that it will ensure compliance with the code of conduct or the prevention action plan, including by seeking corresponding contractual assurances from its partners to the extent that their activities are part of the companies’ value chain. The contractual assurances should be accompanied by appropriate measures to verify compliance. To ensure comprehensive prevention of actual and potential adverse impacts, companies should also make investments which aim to prevent adverse impacts, provide targeted and proportionate support for partners, suppliers, including SMEs such as financing, for example, through direct fin…

RemovedRecital 36: (36) For cases where potential adverse impacts could not be addressed by the described prevention or mitigation measures, companies should have the obligation to refrain from entering into new or extending existing relations with the partner in question and to either temporarily suspend commercial relationships with the partner in question, while pursuing prevention and mitigation efforts, if there is reasonable expectation that these efforts are to succeed in the short-term; or to terminate the business relationship with respect to the activities concerned if the potential adverse impact is linked to a systemic and state organised oppression and consequently cannot be prevented by the actions of the company and when the company assesses that it would not create greater adverse impact than the one it intends to prevent or mitigate. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to temporarily suspend or terminate the business relationship in contracts governed by their laws. It is possible that prevention of adverse impacts at the level of indirect business relationships requires collaboration with another company, for example a company which has a direct contractual relationship with the supplier. In some instances, such collaboration could be the only realistic way of preventing adverse impacts, in particular, where the indirect business relationship is not ready to enter into a contract with the company…

RemovedRecital 38: (38) Under the due diligence obligations set out by this Directive, if a company identifies actual adverse impacts on human rights, the environment or good governance, it should take appropriate measures to bring those to an end. It can be expected that a company is able to bring to an end actual adverse impacts in their own operations and in subsidiaries. However, it should be clarified that where adverse impacts cannot be brought to an end, companies should mitigate the impacts and provide for or co-operate in the remediation of the impact directly to the affected persons or communities. Mitigation of adverse impacts should require an outcome that is the closest possible to bringing the adverse impact to an end. Remediation should aim to restore the affected persons to the situation they would be in, had the adverse impact not occurred (if possible) and be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. To provide companies with legal clarity and certainty, this Directive should define which actions companies should be required to take for bringing actual human rights, environmental and good governance adverse impacts to an end and remediation. Remedial actions should be determined on the basis of meaningful engagement with affected stakeholders and may include restitution or rehabilitation, apologies, financial or non-financial compensation, assessing whether vulnerable stakeholders b…

RemovedRecital 39: (39) So as to comply with the obligation of bringing to an end and minimising the extent of actual adverse impacts under this Directive, companies should be required to take the following actions. They should neutralise the adverse impact or minimise its extent, with an action proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact. Companies should develop and implement a corrective action plan with reasonable and clearly defined timelines for action and qualitative and quantitative indicators for measuring improvement. The corrective action plan should be developed through meaningful stakeholders engagement on an ongoing basis, with proper follow-through on the implementation of agreed commitments and be accurately tailored to the context of companies operations and value chain. It should also identify and assess if the company’s business model and strategies are adapted to the due diligence requirements. Companies should also seek to obtain contractual assurances from a direct business partner with whom they have a business relationship that they will ensure compliance with the company’s code of conduct and, as necessary, a prevention action plan, including by seeking corresponding contractual assurances from its partners, to the extent that their activities are part of the company’s value chain. The contractual assurances should be accompanied by the appropriate measures to verify compliance.…

RemovedRecital 41: (41) For cases where actual adverse impacts could not be brought to an end or adequately mitigated by the described measures, companies should have the obligation to refrain from entering into new or extending existing relations with the partner in question and, to either temporarily suspend commercial relationships with the partner in question, while pursuing efforts to bring to an end or mitigate the adverse impact, or terminate the business relationship with respect to the activities concerned, if the adverse impact is linked to a systemic and state organised oppression and consequently cannot be ceased or mitigated by the actions of the company and when the company assesses that it would not create a greater adverse impact than the one it intends to cease or mitigate. In order to allow companies to fulfil that obligation, Member States should provide for the availability of an option to temporarily suspend or terminate the business relationship in contracts governed by their laws.

RemovedRecital 42: (42) Companies should provide the possibility for persons and organisations to submit early warnings and complaints directly to them in case of legitimate concerns regarding actual or potential adverse impacts on human rights, the environment and good governance, with regard to their own operations, the operations of their subsidiaries, and the value chain operations carried out by entities with whom the company has a business relationship. Any stakeholders should be entitled to submit such complaints including trade unions and other workers’ representatives representing individuals working in the value chain concerned, local communities, indigenous people and civil society organisations, human rights and environmental rights defenders, direct witnesses and victims of corruption crimes perpetuated by the company or other legal or natural persons who have as a statutory purpose the defence of human rights, the environment and good governance. Companies should establish a procedure for dealing with and responding in a timely manner to those complaints and inform the complainants and relevant stakeholders, including workers, trade unions and other workers’ representatives about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies and effective access to justice. In accordance with international standards, companies should undertake appropriate follow-up action concerning the complaint, d…

RemovedRecital 46: (46) In order to provide support and practical tools to companies on how they should fulfil their due diligence obligations or to Member State authorities on how to effectively enforce these obligations, and in order to ensure effective and uniform implementation across Member States, the Commission, using relevant international guidelines and standards as a reference, and in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where relevant the Executive Agency for Small and Medium-sized Enterprises, as well as where appropriate with international bodies having expertise in due diligence, should issue guidelines, including on the following matters: specific high-risk sectors; resource and information sharing among companies and legal entities impacts in compliance with competition law; specific process and resources for SMEs to support the application of due diligence; mapping of companies’ value chains, specific adverse impacts, including adverse impacts on good governance; facilitation of access to justice for victims; prevention and mitigation of retaliation risks faced by stakeholders; heightened due diligence in conflict-affected and high-risk areas; responsible disengagement; assessment and dynamic listing of contexts of systemic and state-imposed oppression; methodology and criteria for administrative sanctions; integrity and fitness of industry schemes and multi-stakeholder initiativ…

RemovedRecital 47: (47) Although most SMEs are not included in the scope of this Directive, they could be impacted by its provisions as contractors or subcontractors to the companies which are in the scope. SMEs that are not in the scope but decide to voluntarily comply with due diligence obligations in line with this Directive should be incentivised to do so and rewarded for doing so. To this end, Member States are, for instance, encouraged to set up labelling systems to identify complying SMEs. In order to mitigate financial or administrative burden on SMEs, many of which are already struggling in the context of the global economic and sanitary crisis and to support them, Member States should set up and operate, either individually or jointly, dedicated websites, portals or platforms. Such support should also be made accessible, and where necessary adapted and extended to upstream economic operators in third countries. Member States should also financially support SMEs, through dedicated funding, provide technical assistance to help them comply with due diligence requirements and help them build capacity. Companies whose business partner is an SME, are also encouraged to support them to comply with due diligence measures, in case such requirements would jeopardize the viability of the SME and use fair, reasonable, non-discriminatory and proportionate requirements vis-a-vis the SMEs.

RemovedRecital 55: (55) In order to ensure consistent application and enforcement of national provisions adopted pursuant to this Directive, national supervisory authorities should cooperate and coordinate their action. For that purpose a European Network of Supervisory Authorities should be set up by the Commission and the supervisory authorities should assist each other in performing their tasks and provide mutual assistance. In order to safeguard the level playing field and mitigate risks of forum-shopping arising from decentralised enforcement, the Commission should support Member States with guidelines on application and enforcement, and monitor adherence to these guidelines through the European Semester for policy coordination, and address potential shortcomings in country-specific recommendations.

RemovedRecital 70: (70) The Commission should assess and report on a regular basis whether new sectors should be added to the list of high-impact sectors covered by this Directive, including in accordance with guidance from the Organisation for Economic Cooperation and Development or in light of clear evidence on labour exploitation, human rights violations or newly emerging good governance and environmental threats and whether the list of relevant international conventions and instruments referred to in this Directive should be amended, in particular in the light of international developments. The Commission should be empowered to adopt delegated acts to complement the list of high-impact sectors.

RemovedArticle 2 – paragraph 1 – introductory part: 1. This Directive shall apply to all companies which are formed in accordance with the legislation of a Member State and which fulfil one of the following conditions:

RemovedArticle 2 – paragraph 1 – point b – introductory part: (b) the company did not reach the thresholds under point (a) but is publicly listed on the stock exchange or had more than 50 employees on average and had a net worldwide turnover of more than EUR 8 million and/or a balance sheet of more than EUR 4 million in the last financial year for which annual financial statements have been prepared, provided that at least 50% of its net turnover was generated in one or more of the following high-impact sectors:

RemovedArticle 2 – paragraph 1 – point b – point i: (i) the manufacture of textiles, wearing apparel, leather and related products (including footwear and articles of fur), and the wholesale trade and retail sale of clothing, footwear and leather goods in specialised stores;

RemovedArticle 2 – paragraph 1 – point b – point ii: (ii) agriculture, water supply, forestry, fisheries (including aquaculture), botanical and zoological gardens and nature reserves activities, the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages;

RemovedArticle 2 – paragraph 1 – point b – point iii: (iii) mining and quarrying, the extraction and refining, transport and handling of mineral resources regardless from where they are extracted (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals, and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products);

RemovedArticle 2 – paragraph 1 – point b – point iii a (new): (iiia) manufacture of computer, electronic and optical products, manufacture of electrical equipment and manufacture of machinery and equipment;

RemovedArticle 2 – paragraph 1 – point b – point iii b (new): (iiib) construction, including the construction of buildings, civil engineering and specialised construction activities;

RemovedArticle 2 – paragraph 1 – point b – point iii c (new): (iiic) financial and insurance activities and real estate activities;

RemovedArticle 2 – paragraph 1 – point b – point iii d (new): (iiid) electricity, gas, steam and air conditioning supply, including production, transmission, distribution and trade of these products;

RemovedArticle 2 – paragraph 1 – point b – point iii e (new): (iiie) legal and accounting activities, including auditing activities;

RemovedArticle 2 – paragraph 1 – point b – point iii f (new): (iiif) accommodation and food service activities and cleaning activities;

RemovedArticle 2 – paragraph 1 – point b – point iii g (new): (iiig) security and investigation activities, including security systems service activities;

RemovedArticle 2 – paragraph 1 – point b – point iii h (new): (iiih) employment activities;

RemovedArticle 2 – paragraph 1 – point b – point iii i (new): (iii i) remediation activities and other waste management services, waste collection, treatment and disposal activities; materials recovery;

RemovedArticle 2 – paragraph 1 – point b – point iii j (new): (iii j) human health and social work activities, including residential care activities;

RemovedArticle 2 – paragraph 1 – point b – point iii k (new): (iii k) information service activities, including data processing, hosting and related activities; web portals.

RemovedArticle 3 – paragraph 1 – point c: (c) ‘adverse human rights impact’ means any potential or actual negative impact on persons resulting from any action or omission, which ends or reduces an individual or a group’s enjoyment of the rights or protection by prohibitions enshrined in the international conventions and instruments, notably those listed in the Annex, Part I, Section 1 and enshrined in the Annex, Part I, Section 2, including the subsequent case law. That Annex shall be reviewed on a regular basis and be consistent with the Union’s objectives on human rights. The Commission is empowered to adopt delegated acts to amend the lists in Annex I, Part 1, Sections 1 and 2;

RemovedArticle 3 – paragraph 1 – point c a (new): (c a) ‘adverse impact on good governance’ means any potential or actual adverse impact throughout companies’ entire value chains on the good governance of a country, region or territory, as set in international good governance and anti-corruption instruments listed in Annex I, Part 1, Section 3. That Annex shall be reviewed on a regular basis and be consistent with the Union’s objectives on good governance. The Commission is empowered to adopt delegated acts to amend the list in Annex I, Part 1, Section 3;

RemovedArticle 3 – paragraph 1 – point c b (new): (c b) ‘conflict-affected and high-risk areas’ means geographic areas in a state of armed conflict, inter-state or civil wars or fragile post-conflict, areas under occupation and/or annexation, areas witnessing weak or non-existent governance and/or security, such as failed states, areas that experience widespread violence and/or severe violations of international humanitarian and/or human rights law, as well as areas where these violations are systemic and/or state-imposed;

RemovedArticle 3 – paragraph 1 – point n: (n) ‘stakeholders’ means: / (i) the company’s workers and employees (including under informal arrangements) and their representatives, the workers and employees of its subsidiaries and their representatives, trade unions, local communities, indigenous people, human rights and environmental rights defenders, civil society organisations direct witnesses and victims of corruption crimes perpetrated by the company and other individuals, groups, communities or entities whose rights or interests are or could be affected by human rights, environmental, good governance adverse impacts linked to the products, services and operations of that company, its subsidiaries and its business relationships through the entire value chain; / (ii) organisations representing the individuals, groups, communities or entities included in (i) or whose statutory purpose is the defence of human rights, good governance, the environment or climate;

RemovedArticle 3 – paragraph 1 – point n a (new): (na) ‘vulnerable stakeholders’ means individuals and right-holders groups that find themselves in marginalised situations and situations of vulnerability, due to specific contexts or intersecting factors, including, among others, their sex, gender, age, race, ethnicity, class, education, indigenous identity, migration status, disability, as well as social and economic status; which are the causes of differentiated and often disproportionate adverse impacts, and creates discrimination and an additional barrier to participation and access to justice;

RemovedArticle 3 – paragraph 1 – point n b (new): (nb) ‘human rights defenders’ means individuals, groups and organs of society that promote, protect or strive for the realisation of universally recognised human rights and fundamental freedoms; human rights defenders seek the promotion and protection of civil and political rights as well as the promotion, protection and realisation of economic, social and cultural rights;

RemovedArticle 3 – paragraph 1 – point n c (new): (nc) ‘environmental rights defenders’ means individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote rights relating to the environment and climate, including biodiversity, water, air, land, soil, flora and fauna;

RemovedArticle 3 – paragraph 1 – point n d (new): (nd) ‘meaningful stakeholders engagement’ means an interactive, responsive, ongoing process of engagement with stakeholders, characterised by two-way communication, conducted in good faith and guaranteeing proper implementation of agreed commitments and which involves the timely provision of all relevant information needed by stakeholders; adequate processes to remove barriers to participation for vulnerable stakeholders (such as language, culture, gender and power imbalances, divisions within the community), as well as adequate protection to ensure safety of stakeholders and prevent retaliation and reprisals;

RemovedArticle 4 a (new): Article 4a / Heightened due diligence in conflict-affected and high-risk areas / Member States shall ensure that companies operating in conflict-affected areas and high-risk areas as defined in Article 3(cb) respect their obligations under international humanitarian law and conduct heightened, conflict-sensitive due diligence on all their operations and business relations through integrating into their due diligence, a conflict analysis, based on meaningful and conflict-sensitive stakeholders’ engagement, of the root causes, triggers and parties driving the conflict, and of the impact of the company’s activities on the conflict.

RemovedArticle 5 a (new): Article 5a / Stakeholders engagement / 1. Member States shall ensure that companies effectively and meaningfully engage stakeholders, in fulfilling their obligations pursuant to Articles 4 to 11. / 2. At each phase of and throughout the entire due diligence process, companies shall be required to ensure: / (a) meaningful stakeholder engagement in an interactive, responsive, ongoing process, characterised by two-way communication, conducted in good faith, adapted to and removing barriers faced by vulnerable stakeholders; / (b) timely and comprehensive provision of all relevant information needed by stakeholders to make informed judgments, in an accessible and transparent manner, including meaningful information about operations, projects and investments and their actual and potential adverse impacts, in accordance with Article 11; / (c) adequate protection of stakeholders from the risk of retaliation, in accordance with Article 23; / (d) a gender and culturally responsive approach; / (e) proper follow-through on implementation of agreed commitments. / 3. The engagement of workers and workers’ representatives shall be without prejudice to Directives 2002/14/EC and 2009/38/EC of the European Parliament and of the Council and Council Directive 2001/86/EC.

RemovedArticle 6 – title: Identifying and assessing actual and potential adverse impacts

RemovedArticle 6 – paragraph 1: 1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse impacts on human rights, the environment and good governance arising from their own operations or those of their subsidiaries and entities on the value chains with which companies have a business relationships, in accordance with paragraph 2, 3 and 4.

RemovedArticle 6 – paragraph 4: 4. Member States shall ensure that, for the purposes of identifying and assessing the adverse impacts referred to in paragraph 1, companies take action and decisions on the basis of: / (a) a mapping of the company’s value chain and disclosure of relevant information including names, locations, types of operations, products and services supplied, as well as other relevant information concerning subsidiaries, branches and business relationships; / (b) qualitative and quantitative indicators, including disaggregated data; / (c) independent reports and information gathered through the complaints mechanism provided for in Article 9; / (d) meaningful engagement with potentially affected stakeholders, in accordance with Article 3(nd); / (e) the context of their operations, meaning that companies operating in conflict-affected areas and high-risk areas conduct heightened, conflict-sensitive due diligence, through integrating, a conflict analysis, of the root causes, triggers and parties driving the conflict, and of the impact of the company’s activities on the conflict;

RemovedArticle 6 – paragraph 4 a (new): 4a. Member States shall ensure that appropriate resources are made available to companies for the purposes of identifying the adverse impacts referred to in paragraph 1 and may work with the Commission to prepare appropriate resources. Supervisory authorities as defined in Article 17 shall have the power to carry out promotional and educational activities in this regard, including directed at smaller companies not subject to the obligations under this Directive.

RemovedArticle 7 – paragraph 1: 1. Member States shall ensure that companies take appropriate measures to prevent, or where prevention is not possible or not immediately possible, adequately mitigate potential adverse impacts on human rights, the environment and good governance that have been, or should have been, identified pursuant to Article 6.

RemovedArticle 7 – paragraph 2 – introductory part: 2. Companies shall be required to take appropriate measures, including but not limited to the following actions:

RemovedArticle 7 – paragraph 2 – point a: (a) develop and implement a prevention action plan, with reasonable and clearly defined timelines for appropriate measures and qualitative and quantitative indicators for measuring improvement. The prevention action plan shall be developed through meaningful stakeholders engagement on an ongoing basis and be accurately tailored to the context of companies operations and value chain. It shall identify and assess if the company’s business model and strategies are adapted to the due diligence requirements; include a prioritisation strategy based on the severity and likelihood of the potential adverse impact in the event that the company is not in a position to prevent or mitigate all potential adverse impacts at the same time; require engagement with affected stakeholders and assessment of potential adverse impacts of temporal suspension or termination of contracts, in order to avoid greater harm, foresee the termination of contracts when the potential adverse impact is linked to a systemic and state organised oppression and consequently cannot be prevented by the actions of the company and when the company assesses that it would not create greater adverse impact than the one intended to prevent or mitigate.

RemovedArticle 8 – paragraph 3 – introductory part: 3. Companies shall be required to take appropriate measures, including but not limited to the following actions:

RemovedArticle 8 – paragraph 3 – point a: (a) cease and mitigate the adverse impact, where it identifies that it has caused or contributed to that impact throughout its value chain; provide for or cooperate with full remediation of the damages directly to the affected persons or communities. Remedial actions shall: / (i) aim to restore the affected persons to the situation they would be in, had the adverse impact not occurred, if possible, and be proportionate to the significance and scale of the adverse impact and to the contribution of the company’s conduct to the adverse impact; / (ii) be fairly shared between the company and the partner causing or contributing to the damage; / (iii) be determined on the basis of meaningful engagement with affected stakeholders and may include restitution or rehabilitation, apologies, financial or non-financial compensation, assessing whether vulnerable stakeholders benefit equitably in compensation payments or other forms of restitution and taking measures to prevent future adverse impacts; / (iv) not prevent affected stakeholders from engaging the civil liability of companies and shall be duly considered by courts in civil proceedings.

RemovedArticle 8 – paragraph 3 – point b: (b) develop and implement a corrective action plan and measures with reasonable and clearly defined timelines for action, tools and qualitative and quantitative indicators for measuring improvement. The corrective action plan shall be developed through meaningful stakeholders engagement on an ongoing basis, with proper follow-through on the implementation of agreed commitments and be accurately tailored to the context of companies operations and value chain. It shall identify and assess if the company’s business model and strategies are adapted to the due diligence requirements; require engagement with affected stakeholders and assessment of the adverse impact of temporal suspension or termination of contracts, in order to avoid greater harm and foresee termination of contracts when the adverse impact is linked to a systemic and state organised oppression and consequently cannot be ceased or mitigated by the actions of the company and when the company assesses that it would not create a greater adverse impact than the one intended to cease or mitigate.

RemovedArticle 9 – title: Complaints mechanism

RemovedArticle 9 – paragraph 2: 2. Member States shall ensure that complaints may be submitted by all persons, groups, communities, entities and civil society organisations covered by Article 3 points (n), (na), (nb) and (nc), as well as the natural and legal persons representing them. In case the complainant is a child, a legal guardian may bring a complaint on behalf of the child. / (deleted) / (deleted) / (deleted)

RemovedArticle 9 – paragraph 4 – introductory part: 4. Member States shall ensure that companies are providing complainants and their representatives with:

RemovedArticle 9 – paragraph 4 – point -a (new): (-a) information on how to access such complaints mechanisms and a publicly available description of the procedures;

RemovedArticle 9 – paragraph 4 – point -a a (new): (-aa) legitimate, accessible, predictable, safe, equitable, transparent, rights-compatible and adaptable complaints mechanisms that allows stakeholders, including in particular actual and potentially affected rights-holders, to have a meaningful participation in the establishment and evaluation of such independent complaints mechanisms;

RemovedArticle 9 – paragraph 4 – point -a b (new): (-ab) guarantees of non-retaliation, confidentiality and anonymity for stakeholders;

RemovedArticle 9 – paragraph 4 – point -a c (new): (-ac) timely and exhaustive information, including clear time indications regarding the steps and actions taken in the context of a specific complaint, the result of the procedure and its detailed reasoning;

RemovedArticle 9 – paragraph 4 – point a: (a) appropriate, timely and effective follow-up action on the complaint from the company with which they have filed a complaint pursuant to paragraph 1,

RemovedArticle 9 – paragraph 4 – point b: (b) the opportunity to meet with the company’s representatives at an appropriate level to discuss potential or actual adverse impacts that are the subject matter of the complaint;

RemovedArticle 9 – paragraph 4 – point b a (new): (ba) full remediation, as referred to in and within the meaning of Article 8(3) point (b), through the complaints mechanism and guarantees that harms that are the subject of the complaint will not be repeated. The remedy shall be proportionate to the significance and scale of the adverse impact;

RemovedArticle 9 – paragraph 4 – point b b (new): (bb) unhindered access to the substantiated concerns procedure as described in Article 19, to public judicial mechanisms described in Article 22 and to any other judicial or non-judicial mechanism, regardless of their recourse to a complaints mechanism and whether or not they have used or exhausted the avenues of non-judicial mechanisms.

RemovedArticle 13: 1. In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, where relevant the Executive Agency for Small and Medium-sized Enterprises, as well as where appropriate with international bodies having expertise in due diligence, shall issue guidelines on the specific obligations under Articles 5 to 11, as well as on the following aspects : / (a) specific high-risk sectors of economic activity leading to significant adverse impacts on human rights, the environment and good governance, including sectors referred to in Article 2(1)(b); / (b) resource and information sharing among companies and other legal entities for the purposes of preventing, mitigating and remediating adverse impacts in compliance with competition law; / (c) specific processes and resources and information sharing for SMEs to support the application of due diligence in their operations; / (d) mapping of companies’ value chains and efficient processes to monitor partners’ behaviours throughout the entire value chain; / (e) specific adverse impacts, including adverse impacts on good governance; / (f) responsible and sustainable trading, purchasing and pricing policies and practices; / (g) facilitation of access to justice for victims, including regarding collective redress, representati…

RemovedAnnex I – Part I – Section 1 – title: 1. Rights and prohibitions included in international human rights agreements

RemovedAnnex I – Part I – Section 1 – introductory part (new): Such rights and prohibitions include, among others:

RemovedAnnex I – Part I – Section 1 – point 1: 1. the people's right to dispose of a land's natural resources and to not be deprived of means of subsistence in accordance with Article 1 of the International Covenant on Civil and Political Rights;

RemovedAnnex I – Part I – Section 1 – point 2: 2. the right to life and security in accordance with Article 3 of the Universal Declaration on Human rights;

RemovedAnnex I – Part I – Section 1 – point 3: 3. the prohibition of torture, cruel, inhuman or degrading treatment in accordance with Article 5 of the Universal Declaration of Human Rights;

RemovedAnnex I – Part I – Section 1 – point 4: 4. the right to liberty and security in accordance with Article 9 of the Universal Declaration of Human Rights;

RemovedAnnex I – Part I – Section 1 – point 5: 5. the prohibition of arbitrary or unlawful interference with a person's privacy, family, home or correspondence and attacks on their reputation, in accordance with Article 17 of the Universal Declaration of Human Rights;

RemovedAnnex I – Part I – Section 1 – point 6: 6. the prohibition of interference with the freedom of thought, conscience and religion in accordance with Article 18 of the Universal Declaration of Human Rights;

RemovedAnnex I – Part I – Section 1 – point 7: 7. the right to enjoy just and favourable conditions of work including a remuneration that provides for a decent living, safe and healthy working conditions and reasonable limitation of working hours. This includes both the right to a fair wage for employees and the right to living income for self-employed workers and smallholders in accordance with Article 7 of the International Covenant on Economic, Social and Cultural Rights;

RemovedAnnex I – Part I – Section 1 – point 7 a (new): 7a. the right to an adequate standard of living for oneself and her/his family, including adequate food, clothing and housing, and the right to continuous improvement of living conditions in accordance with Article 11(1) of the International Covenant on Economic, Social and Cultural Rights and Article 25(1) of the Universal Declaration of Human Rights;

RemovedAnnex I – Part I – Section 1 – point 8: 8. the prohibition to restrict workers’ access to adequate housing, if the workforce is housed in accommodation provided by the company, and to restrict workers’ access to adequate food, clothing, and water and sanitation in the work place in accordance with Article 11 of the International Covenant on Economic, Social and Cultural Rights;

RemovedAnnex I – Part I – Section 1 – point 9: 9. the right of the child to have his or her best interests given primary consideration in all decisions and actions that affect children in accordance with Article 3 of the Convention of the Rights of the Child; the right of the child to develop to his or her full potential in accordance with Article 6 of the Convention of the Rights of the Child; the right of the child to the highest attainable standard of health in accordance with Article 24 of the Convention on the Rights of the Child; the right to social security and an adequate standard of living in accordance with Article 26 and 27 of the Convention on the Rights of the Child; the right to education in accordance with Article 28 of the Convention on the Rights of the Child; the right of the child to be protected from all forms of sexual exploitation and sexual abuse and to be protected from being abducted, sold or moved illegally to a different place in or outside their country for the purpose of exploitation, in accordance with Articles 34 and 35 of the Convention of the Rights of the Child;

RemovedAnnex I – Part I – Section 1 – point 10: 10. the prohibition of the employment of a child under the age at which compulsory schooling is completed and, in any case, is not less than 15 years, except where the law of the place of employment so provides in accordance with Article 2 (4) and Articles 4 to 8 of the International Labour Organization Minimum Age Convention, 1973 (No. 138);

RemovedAnnex I – Part I – Section 1 – point 11 – introductory part: 11. the prohibition of child labour pursuant to Article 32 of the Convention on the Rights of the Child, including the worst forms of child labour for children (persons below the age of 18 years) in accordance with Article 3 of the of the International Labour Organization Worst Forms of Child Labour Convention, 1999 (No. 182). This includes:

RemovedAnnex I – Part I – Section 1 – point 12: 12. the prohibition of forced labour; this includes all work or service that is exacted from any person under the menace of any penalty and for which the said person has not offered himself or herself voluntarily, for example as a result of debt bondage or trafficking in human beings; excluded from forced labour are any work or services that comply with Article 2 (2) of International Labour Organization Forced Labour Convention, 1930 (No. 29) or with Article 8 (3) (b) and (c) of the International Covenant on Civil and Political Rights;

RemovedAnnex I – Part I – Section 1 – point 13: 13. the prohibition of all forms of slavery, practices akin to slavery, serfdom or other forms of domination or oppression in the workplace, such as extreme economic or sexual exploitation and humiliation in accordance with Article 4 of the Universal Declaration of Human Rights and Art. 8 of the International Covenant on Civil and Political Rights;

RemovedAnnex I – Part I – Section 1 – point 14: 14. the prohibition of human trafficking in accordance with Article 3 of the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime;

RemovedAnnex I – Part I – Section 1 – point 15 – introductory part: 15. the right to freedom of association, assembly, the rights to organise and collective bargaining in accordance with Article 20 of the Universal Declaration of Human Rights, Articles 21 and 22 of the International Covenant on Civil and Political Rights Article 8 of the International Covenant on Economic, Social and Cultural Rights, the International Labour Organization Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) and the International Labour Organization Right to Organise and Collective Bargaining Convention, 1949 (No. 98), including the following rights:

RemovedAnnex I – Part I – Section 1 – point 16: 16. the prohibition of unequal treatment in employment, unless this is justified by the requirements of the employment in accordance with Article 2 and Article 3 of the International Labour Organisation Equal Remuneration Convention, 1951 (No. 100), Article 1 and Article 2 of the International Labour Organisation Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and Article 7 of the International Covenant on Economic, Social and Cultural Rights; unequal treatment includes, in particular, the payment of unequal remuneration for work of equal value;

RemovedAnnex I – Part I – Section 1 – point 17: 17. the prohibition of withholding an adequate living wage in accordance with Article 7 of the International Covenant on Economic, Social and Cultural Rights;

RemovedAnnex I – Part I – Section 1 – point 18 – introductory part: 18. the prohibition of causing any quantative and qualitative environmental degradation, such as harmful soil change, water or air pollution, harmful emissions or excessive water consumption or other impact on natural resources, that

RemovedAnnex I – Part I – Section 1 – point 18 – point e: (e) affects ecological integrity, such as deforestation, and the intrinsic value of ecosystems as well as the interrelations between them;

RemovedAnnex I – Part I – Section 1 – point 18 – last subparagraph: in accordance with Article 3 of the Universal Declaration of Human Rights, Article 5 of the International Covenant on Civil and Political Rights and Article 12 of the International Covenant on Economic, Social and Cultural Rights and the right to a clean, healthy and sustainable environment;

RemovedAnnex I – Part I – Section 1 – point 19: 19. the prohibition to unlawfully evict or take land, forests and waters when acquiring, developing or otherwise use land, forests and waters, including by deforestation, the use of which secures the livelihood of a person in accordance with Article 11 of the International Covenant on Economic, Social and Cultural Rights;

RemovedAnnex I – Part I – Section 1 – point 20: 20. the indigenous peoples’ right to the lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired in accordance with Article 25, 26 (1) and (2), 27, and 29 (2) of the United Nations Declaration on the Rights of Indigenous Peoples;

RemovedAnnex I – Part I – Section 1 – point 20 a (new): 20a. the indigenous peoples’ right to self-determination in accordance with Article 3 of the United Nations Declaration on the Rights of Indigenous Peoples and their right to give, modify, withhold or withdraw their free, prior, and informed consent to interventions, decisions and activities that may affect their lands, territories, resources and rights, in accordance with Article 10, 11(2), 19, 28, 29(2) and 32(2) of the United Nations Declaration on the Rights of Indigenous Peoples and Article 6 and 16(2) of the International Labour Organization’s Indigeneous and Tribal Peoples Convention, 1989 (No. 169);

RemovedAnnex I – Part I – point 21: 21. a prohibition or right not covered by points 1 to 20 above but included in the human rights agreements listed in Section 2 of this Part.

RemovedAnnex I – Part I – Section 2 – title: 2. Human rights and fundamental freedoms conventions and instruments

RemovedAnnex I – Part I – Section 2– introductory part (new): Such conventions and instruments include, among others:

RemovedAnnex I – Part I – Section 2– indent 6 a (new): — The International Convention for the Protection of All Persons from Enforced Disappearance;

RemovedAnnex I – Part I – Section 2– indent 7 a (new): — The United Nations Declaration on the Elimination of Violence against Women;

RemovedAnnex I – Part I – Section 2– indent 10: — The United Nations Declaration on the Rights of Indigenous Peoples, the United Nations Development Group’s Guidelines on Indigenous Peoples’ Issues (2009) and UN-REDD Programme Guidelines on Free, Prior and Informed Consent (2013);

RemovedAnnex I – Part I – Section 2– indent 10 a (new): — The United Nations Declaration on Human Rights Defenders;

RemovedAnnex I – Part I – Section 2– indent 10 b (new): — The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;

RemovedAnnex I – Part I – Section 2– indent 11: — The United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities;

RemovedAnnex I – Part I – Section 2– indent 11 a (new): — The United Nations Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief;

RemovedAnnex I – Part I – Section 2 – indent 11 b (new): — The United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas;

RemovedAnnex I – Part I – Section 2 – indent 12 a (new): — The United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air supplementing the United Nations Convention against Transnational Organized Crime;

RemovedAnnex I – Part I – Section 2 – indent 14 a (new): — The International Labour Organization’s Indigenous and Tribal Peoples Convention, 1989 (No. 169);

RemovedAnnex I – Part I – Section 2 – indent 14 b (new): — The International Labour Organization’s Domestic Workers Convention, 2011 (No. 189);

RemovedAnnex I – Part I – Section 2 – indent 14 c (new): — The International Labour Organization’s Violence and Harassment Convention, 2019 (No. 190);

RemovedAnnex I – Part I – Section 2 – indent 20 a: — Occupational Safety and Health Convention, 1981 (No. 155)

RemovedAnnex I – Part I – Section 2 – indent 23 a (new): — The International humanitarian law instruments including: / - the four Geneva Conventions of 1949: / - Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field; / - Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea; / - Convention (III) relative to the Treatment of Prisoners of War; / - Convention (IV) relative to the Protection of Civilian Persons in Time of War; / - Additional protocols to the Geneva Conventions;

RemovedAnnex I – Part I –Section 2 – indent 23 b (new): — The Rome Statute of the International Criminal Court;

RemovedAnnex I – Part I – Section 2 – indent 23 c (new): — United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law;

RemovedAnnex I – Part I – Section 2 – indent 23 d (new): — UN General Assembly Resolution 76/300 on the human right to a clean, healthy and sustainable environment;

RemovedAnnex I – Part I – Section 2 – indent 23 e (new): — UN General Assembly Resolutions 64/292, 68/157 and 45/8 on the human right to safe drinking water and sanitation;

RemovedAnnex I – Part I– Section 2 – indent 23 f (new): — UN Guiding Principles on Business and Human Rights (UNGPs);

RemovedAnnex I – Part I – Section 2 – indent 23 g (new): — OECD Due Diligence Guidance for Responsible Business Conduct;

RemovedAnnex I – Part I – Section 2 – indent 23 h (new): — The European Convention on Human Rights;

RemovedAnnex I – Part I – Section 2 – indent 23 i (new): — The Charter of Fundamental Rights of the European Union;

RemovedAnnex I – Part I – Section 2 – indent 23 j (new): — The European Social Charter;

RemovedAnnex I – Part I – Section 2 – indent 23 k (new): — The European Convention on the Legal Status of Migrant Workers;

RemovedAnnex I – Part I – Section 2 – indent 23 l (new): — The Council of Europe Convention on preventing and combating violence against women and domestic violence.

RemovedAnnex I – Part I – Section 3 (new): 3. Good governance and anti-corruption instruments / Such instruments include, among others: / - United Nations Convention against Corruption, 2003; / - United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985; / - United Nations Basic Principles on the Independence of the Judiciary, 1985; / - Council of Europe Civil law Convention on Corruption, 1999; / - OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, 1997; / - Convention drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union on the Fight Against Corruption Involving Officials of the European Communities or Officials of Member States of the European Union, 1997; / - Principle Ten on Anti-Corruption of the UN Global Compact; / - United Nations Code of Conduct for Law Enforcement Officials, 1979.