Making human rights due diligence a legal requirement for companies including systems to identify, assess, mitigate or manage human rights risks and impacts to improve that process over time and to disclose the risks and impacts, the steps taken and the results.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
Although the Company agrees that an EU legal framework is needed, it seems to advocate for a different approach than the one proposed.
The Company agrees that an EU legal framework is needed (question 2). It explains that: 'Many companies have already established a corporate social responsibility committee. The legal framework defining its role must include clearly defined and reasonable due diligence requirements. The committee should ensure that CSR issues (duty of vigilance) are taken into account and provide recommendations, but under no circumstances should it substitute the company's management'. In relation to the definition of due diligence duty (question 14), it states that 'we recommend that the European regulation in this area adopts the French model'. *Translated text, original in French
Requiring Human rights due diligence of all companies, regardless of sector and size, while still reflecting their individual circumstances.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The Company considers that both micro and SMEs should be excluded, with some exceptions
In response to question 16, the Company considers that SMEs (including micro-enterprises) should be excluded with some exceptions (most risky sectors or other).
Implementing an enforcement mechanism where companies fail to carry out due diligence as described.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The Company consideres that there should be sanctions (fines) in case of failing to implement due diligence measures, but does not establish who is the enforcer.
The Company didn't pick any of the pre-defined options for question 19a in relation to enforcement mechanism and explains that: 'Companies should only be required to demonstrate that they have implemented the necessary due diligence measures, and should only be sanctioned—by a fine—if they have failed to do so'. There's no reference to national/European authorities, complaints mechanisms, or regulators doing the enforcing.Translated text, original in French
Including in the duties of directors and company law obligations to avoid human rights impacts or “harms”.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The Company strongly disagrees that a directors' duties should include establishing procedures to ensure that possible risks and impacts on stakeholders are identified, prevented, and addressed, or that they should be responsible for managing risks in relation to stakeholders and their interests.
The Company strongly disagrees with questions 7a and 6 regarding directors being required by law to establish procedures to ensure that possible risks and impacts on stakeholders are identified, prevented, and addressed, and to be responsible for managing risks in relation to stakeholders and their interests. It explains the following: 'The role of board members is to ensure that CSR matters are taken into account in the company’s strategy, and to verify the implementation of the objectives set by the company’s management, as well as the effective establishment of related procedures. It is not their role to draft internal procedures, which require a thorough understanding of the company employees' skills—something board members do not possess.'Translated text, original in French
Require companies to provide grievance mechanisms for all stakeholders including those in the value chain.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The Company does not respond to the question regarding grievance mechanisms being part of due diligence, but disagrees with the requirement (for directors) to establish consultation channels for engaging with stakeholders, though it is unclear whether their objection concerns the channels themselves or their assignment to directors.
The Company does not respond to the question regarding grievance mechanisms being part of due diligence (question 20c) and strongly disagrees with question 20a regarding requiring directors to establish consultation channels for engaging with stakeholders. It is not clear, however, the reason for that disagreement, as it only states the following:* 'Some French companies have established a 'stakeholder committee' whose role should be advisory and which should receive information at the initiative of the company'.
Enabling judicial enforcement with liability and compensation in case of harm caused by not fulfilling the due diligence obligations.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The Company doesn't consider this a suitable option as an enforcement mechanism.
Question 19a gives multiple options for companies to pick enforcement mechanisms, and this one is not among those picked by the Company.
Require companies to implement a due diligence process covering their value chain to identify, prevent, mitigate and remediate human rights impacts and improve that practice over time.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The Company does not clarify it's position regarding due diligence duty definition, as it says that: 'we recommend that the European regulation in this area adopt the French model'. In relation to the content approach it advocates for a minimum process and definitions approach. It does not refer to remedy.Translated text, original in French
In response to question 14, on whether the Company agrees with due diligence duty definition contained in the consultation, it does not directly respond, referring itself to the French Law No. 2017-399 of 27 March 2017, arguing that European regulation in this area should adopt the French model. It does not refer to any form of remedy.
Require that companies identify their stakeholders and their interests.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The Company strongly disagrees to the question regarding corporate directors being required to identify the Company's stakeholders and their interests. It is unclear whether the disagreement concerns the the identification itself or the fact that the obligation would fall on directors.
The Company strongly disagrees to the question regarding corporate directors being required to identify the Company's stakeholders and their interests (question 6). It is unclear whether the disagreement concerns the the identification itself or the fact that the obligation would fall on directors, as it doesn't elaborate.
Require directors to establish and apply mechanisms or, where they already exist for employees for example, use existing information and consultation channels for engaging with stakeholders.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The Company strongly disagrees with directors being required to establish channels for engaging with stakeholders in due diligence duty.
The Company strongly disagrees with directors being required to establish channels for engaging with stakeholders in due diligence duty (question 20a). It adds that: 'Some French companies have established a 'stakeholder committee' whose role should be advisory and which should receive information at the initiative of the company'.Translated text, original in French
Require that corporate directors should manage the human rights risks for the company in relation to stakeholders and their interest including on the long run.
Direct Consultation with Governments
Comments from the entity submitted through official regulatory and legislative consultation processes, or via meetings and other direct engagements with policymakers. Includes evidence obtained by InfluenceMap through Freedom of Information requests.
The Company strongly disagrees to the question regarding corporate directors being required to manage the Company's risks in relation to stakeholders an their interests.
The Company strongly disagrees to the question regarding corporate directors being required to manage the Company's risks in relation to stakeholders an their interests (question 6).
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