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.
The company agrees that DD legislation is needed, in the form of regulation, and considers it a necessary condition for a license to operate in the EU.
The Company agrees that an EU legal framework for companies and supply chain's DD is needed, affirming that: 'carrying out a human rights due diligence assessment should become condition for a license to operate in the EU market' and it calls for a "Regulation" rather than a "Directive." It states that, 'legal regulation must not result in any disproportionate bureaucratic effort or unattainable legal and financial (liability) risks for companies', and that, 'it is important that an appropriate state monitoring enforcing mechanism is put in place, that ensures that companies comply with their duty of care requirements without additional bureaucratic effort.' Regarding the definition of DDD, the company considers that: 'needs to be adjusted as it is too vague in some places and does not clearly differentiate between certain topics.'
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 is in favour of due diligence for all companies and it being a condition for a, "license to operate," in the EU.
The Company is in favour of a: "Minimum process and definitions approach ... which should be applicable across all sectors. It also indicates that 'minimum standards should be defined for individual industries. Sector-specific guidelines should be developed by and with relevant sectors.' It also considers that: "SMEs should have lighter reporting requirements; Capacity building support, including funding" and also picks other support options provided in the consultation. It finally adds that: 'For a comprehensive and systemic impact, the participation of all actors (including SMEs and non-EU companies that sell goods in the EU is required). ... Conducting a human rights due diligence impact assessment must become a condition for the "license to operate" on the EU market.'
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.
In favour of one of the predefined options. No further explanation is provided.
In relation to the enforcement mechanism, the Company advocates for: "supervision by competent national authorities (option 2) with a mechanism of EU cooperation/coordination to ensure consistency throughout the EU."
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 disagrees, 'to some extent,' with a legal requirement for directors to establish procedures to ensure that possible risks and adverse impacts on stakeholders are identified, prevented and addressed.
The Company disagrees, ‘to some extent,’ with question 7 regarding the directors’ duty to have procedures to ensure risks are identified, prevented and addressed, arguing that: 'an effort and not a success-based approach must be the premise'. The response does not refer to directors’ involvement. The Company agrees, ‘to some extent,’ with question 6 on directors’ requirement to manage the risks in relation to stakeholders, although it does not refer to directors’ duties either, pointing out in its explanation that requirements placed on companies, ‘must be proportionate and reasonable.’
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 is in favour of complaint mechanisms being part of due diligence.
Although the Company disagrees, "to some extent," as per whether the EU should require directors to establish mechanisms and consultation channels for engaging with stakeholders to fulfill its DDD, it considers that "complaint mechanism as part of due diligence," should be promoted at the EU level. The Company does not specify which stakeholders should be included, but earlier in the consultation they considered all stakeholders presented by the consultation as relevant.
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 didn't pick this as an option when directly asked about it.
Question 19a allows for multiple choice, one of them being: "judicial enforcement with liability and compensation in case of harm caused by not fulfilling the due diligence obligations." The Company didn't pick this as a possible option.
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 is in favour of definitions and processes provided by the consultation, but doesn't refer to upstream activities.
The Company agrees with the definition of DDD provided in the consultation, advocating for adjusting some definitions that are considered to be 'too vague.' It is also in favour, as per response to question 15, in a "minimum process and definitions approach." It is not clear, however, if they are in favour of applying this criteria upstream, as it is not asked by the consultation questionnaire, and the company does not refer to it either.
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 is in favour of a requirement for stakeholder identification, but caveat this for obligations they consider reasonable.
The Company considers all stakeholders present as relevant and the likely consequences of any decision in the long-term. In relation to the question on whether directors should be required by law to identify, "the Company's stakeholders and their interests," the company agrees, "to some extent," clarifying that, 'the requirements placed on companies must be proportionate and reasonable. The workload must be proportionate to the relevance and influence of the company. Particularly, the size of the company must be taken into account.'
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.
This is directly asked by the consultation and the company disagrees to some extent.
The Company's response to question 20a is, "I disagree to some extent" without further clarification on the reason behind the disagreement.
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 consultation directly asks about this and the company agrees to some extent, arguing that requirements must be proportionate and reasonable.
The consultation directly asks about this and the company agrees to some extent, arguing that: 'the requirements must be proportionate and reasonable. The workload must be proportionate to the relevance and influence of the company. Particularly, the size of the company must be taken into account.'
| Legislation | Phase of Active Company Engagement | Position |
|---|
| Industry Association | Performance band |
|---|---|
| Amfori | B- |
