NL – Environment, 2nd NAP
Pillar 1
| ACTION POINTS PILLAR 1 | Aim | Responsible party | Timeline |
| Central Government procurement | |||
| Measure impact of SPP at all government levels. | SPP impact monitor | National Institute for Public Health and the Environment (RIVM), commissioned by I&W, on behalf of other SPP ministries | Biennial monitor |
p. 7.
| ACTION POINTS PILLAR 1 | Aim | Responsible party | Timeline |
| Protect human rights defenders | |||
| Draft a plan of action to initiate a dialogue between embassies, the Dutch business community and human rights defenders to better identify environmental, social and security risks (early warning) and to take early action on them (early action). | Work with human rights defenders to integrate protection programmes and the prevention of environmental, social and security risks into embassies’ Multiannual Country Strategies (MACS). | BZ | From 2022 |
p. 8.
Foreign trade and investment
| ACTION POINTS PILLAR 1 | Aim | Responsible party | Timeline |
| Foreign trade and investment | |||
| Strive to ensure that negotiations maintain the generous character of a new Generalised Scheme of Preferences (GSP) and strengthen the GSP provisions with a social, labour and climate focus. | Integrate appropriate international business and human rights frameworks into the GSP agreement. | BZ | Up to end of 2023 |
| Strive for ambitious commitments and robust compliance with agreements on trade and human rights, working conditions and the environment during negotiations on new and existing EU trade agreements. | Integrate relevant international business and human rights frameworks into the EU’s trade policy strategy | BZ | Begin 2022 to end of negotiations |
p. 11.
Pillar I
Central government procurement and private-sector instruments
Government procurement
“The government’s central procurement strategy includes the International Social Conditions (ISCs). These have applied to all EU contract award procedures since 2017 and aim to establish more sustainable international supply chains by preventing or responding to risks related to working conditions, human rights and the environment. The ISCs are one of the contractual conditions obliging contractors to apply due diligence.” p. 31.
Including ‘business and human rights’ in the Netherlands’ foreign policy
Protecting human rights defenders
“Through the Power of Voices (PoV) partnerships the Netherlands also supports human rights defenders who highlight business-related violations of labour and environment rights or who identify investments which have a negative impact on people and their environment. Local governments and civil society organisations, including representatives of indigenous people, work together as strategic partners to strengthen the rights, including land rights, of indigenous populations and enhance respect for their environment. The Netherlands aims to improve access to its protection and capacity-building programmes for human rights defenders working on violations resulting from business practices.” p. 39.
Foreign trade and investment
“The Netherlands endeavours in the EU and beyond to provide economic support to developing countries, for example through favourable trade rules. The Generalised Scheme of Preferences (GSP), for example, enables least developed countries to import goods into the EU without paying import duty. The European Commission has submitted a new proposal to replace the current GSP, which expires at the end of 2023. The Commission proposal would make some changes aimed at improving the social, labour and climate dimensions of the Scheme. The government is on the whole supportive of the European Commission’s proposals and will continue its efforts during ongoing negotiations to preserve the generous nature of the instrument. By linking the ratification and effective implementation of international agreements to tariff preferences, the GSP promotes the right to development and respect for human rights in developing countries.” p. 50.
Pillar II
Due diligence at EU level
“… The government therefore welcomed the publication on 23 February 2022 of the European Commission’s proposed Corporate Sustainable Due Diligence Directive (CSDDD). This proposal is the first step towards European legislation. It aims to encourage businesses to contribute to respect human rights and the environment in their own operations and throughout their value chains…” p. 55.
Pillar III
Improving access to judicial mechanisms
Criminal law
“Criminal law includes penal provisions for the violations of specific RBC norms such as corruption, soil pollution, human trafficking and money laundering, as well as specific penalties for infringements of environmental legislation. In all cases the company’s duty of care is relevant to determining whether criminal liability has been incurred. In the Netherlands the initiative in launching criminal proceedings lies with the Public Prosecution Service. However, the NBA concluded that there are few criminal proceedings against Dutch businesses in cross-border cases.68 The Public Prosecution Service did recently start criminal proceedings under the EU’s Timber Regulation after a Dutch company evaded enforcement under administrative law.” p. 73.