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Sustainability Standards for Suppliers
to the Fraunhofer-Gesellschaft Munich
Last updated: June 2024
- General information 2. Adherence to laws and regulations
1.1 T hese Sustainability Standards for suppliers (NHS) set 2.1 T he Supplier, who is working with the FhG in the context out the requirements that Fraunhofer-Gesellschaft (FhG) of the contractual relationship, must adhere to the suppliers (synonyms = providers, contractors, business national laws and regulations. Should the national laws partners, service providers, etc.) must observe in their and regulations of the relevant countries conflict with business transactions with the FhG (from the initial phase each other, primary legislation takes precedence over sec- through to execution of an order) and in their business ondary legislation. In the event of conflicting legislation at dealings with their own employees, suppliers and other the same level, adherence to one piece of legislation and interested parties. the resulting infringement of another piece of legisla- tion will not constitute breach of contract. By carefully 1.2 The requirements set out in these NHS apply to enter- selecting their direct and indirect providers and monitor- prises, legal persons under public law and special-fund ing them within reason, the Supplier undertakes to work institutions under public law (section 310 (1) German toward ensuring that these providers do not commit any Civil Code (Bürgerliches Gesetzbuch, BGB)), and to other legal violations in connection with the contractual rela- business partners that are involved in providing goods tionship with the FhG either. and services for FhG. 2.2 I n particular, the Supplier undertakes to adhere to the 1.3 T he Supplier shall ensure that the human rights-related, following laws and regulations: environment-related and other (minimum) requirements and obligations stipulated in the NHS are adequately (1) The Supplier shall ensure that suitable corruption addressed along their entire supply chain. As part of prevention measures are implemented along with this, they must impose suitable contractual provisions measures to prevent facilitation payments abroad and so that their own providers are obligated to observe the inducements for interested parties. NHS or equivalent sustainability standards and pass the requirements on through the supply chain. The Supplier (2) T he Supplier also undertakes to adhere to the mini- shall make the NHS or equivalent sustainability standards mum core labor standards of the ILO (www.ilo.org). available to the provider no later than upon conclusion of the contract. (3) T he Supplier undertakes to adhere to the German Minimum Wage Act (Mindestlohngesetz, MiLoG).
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Last updated: June 2024 Sustainability Standards for suppliers
- Human and labor rights (7) T he prohibition of unequal treatment in employment, for example on the grounds of national and ethnic 3.1 T he Supplier undertakes to protect and uphold human origin, social origin, health status, disability, sexual rights as enshrined in the United Nations Global Com- orientation, age, gender, political opinion, religion pact, the International Charter of Human Rights, the or belief, unless this is justified by the requirements International Labour Organization’s Declaration on Funda- of the employment. Unequal treatment includes, in mental Principles and Rights at Work of June 18, 1998, particular, the payment of unequal remuneration for the UN Guiding Principles on Business and Human Rights work of equal value. of June 16, 2011, and the German Supply Chain Act of January 1, 2023 (Lieferkettensorgfaltspflichtengesetz, (8) T he prohibition of withholding an adequate living LkSG), as well as the conventions referred to in the annex wage; the adequate living wage amounts to at least to the LkSG. the minimum wage as laid down by the applicable law and, apart from that, is determined in accordance 3.2 T he Supplier undertakes to observe the human rights- with the law in force at the place of employment. related requirements referred to below and to actively minimize the risk of one of the following prohibitions (9) T he prohibition of causing any harmful soil change, being breached by ensuring actions are taken and water pollution, air pollution, harmful noise emission refrained from all along their supply chain: or excessive water consumption.
(1) T he prohibition of the employment of a child under (10) T he prohibition of unlawful eviction and the prohi- the age at which compulsory schooling ends accord- bition of unlawful taking of land, forests and waters ing to the law of the place of employment, provided in the acquisition, development or other use of land, that the age of employment is not less than 15 years. forests and waters, the use of which secures the liveli- hood of a person. (2) T he prohibition of the worst forms of child labor for children under 18 years of age (e.g., all forms of (11) T he prohibition of the hiring or use of private or slavery or practices similar to slavery, the sale and public security forces for the protection of the enter- trafficking of children, debt bondage and serfdom, prise’s project if, due to a lack of instruction or con- as well as forced or compulsory labor, procuring or trol on the part of the enterprise, the use of security offering a child for prostitution, work that is harmful forces results in damage to life or limb, for example. to health). (12) T he prohibition of an act or omission in breach of (3) T he prohibition of the employment of persons in a duty to act that is directly capable of impairing forced labor; this includes any work or service that is a protected legal position in a particularly serious required of a person under threat of punishment and manner and the unlawfulness of which is obvious for which they have not made themselves available upon reasonable assessment of all the circumstances voluntarily, for example as a result of debt bondage in question. or trafficking in human beings. 3.3 The Supplier undertakes to adequately address the (4) T he prohibition of all forms of slavery, practices human rights-related requirements along their supply similar to slavery, serfdom or other forms of domina- chain as follows: tion or oppression in the workplace, such as extreme economic or sexual exploitation and humiliation (1) The Supplier shall establish effective processes and systematic and appropriate due diligence measures for (5) T he prohibition of disregarding the occupational safety actively protecting human rights with the aim of identi- and health obligations applicable under the law of fying, preventing, minimizing and ending both potential the place of employment if this gives rise to the risk of and actual negative impacts on human rights within their accidents at work or work-related health hazards. supply chain.
(6) T he prohibition of disregarding the freedom of asso- ciation (such as the formation, joining, membership of a trade union)
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(2) The Supplier shall train their employees to under- (5) The prohibition of the handling, collection, storage stand that the observance of human rights is compulsory. and disposal of waste in a manner that is not environmen- Moreover, the Supplier shall create clear regulations and tally sound. parameters to systematically ensure the assumption of social responsibility and the protection of human rights. (6) The prohibition of exports of hazardous waste within the meaning of Article 1 (1) and other wastes within (3) Should an increased risk be identified in relation to the meaning of Article 1 (2) of the Basel Convention on the Supplier, the Supplier undertakes to take part in the the Control of Transboundary Movements of Hazardous prevention program stipulated by the FhG to minimize or Wastes and their Disposal. prevent these risks. (7) The prohibition of the export of hazardous waste (4) Should the Supplier be found guilty of a breach, from countries listed in Annex VII to the Basel Convention the Supplier undertakes to take part in the program of to countries not listed in Annex VII. corrective measures devised jointly by the FhG and the Supplier to get the latter to set their own affairs in order (8) The prohibition of the import of hazardous wastes (see Section 6). and other wastes from a non-party to the Basel Conven- tion (Article 4 (5) of the Basel Convention).
- Environmental and climate protection 4.3 T he Supplier undertakes to adequately address the envi- ronment-related requirements along their supply chain as 4.1 T he Supplier undertakes to protect and uphold funda- follows: mental environmental standards and to minimize any environment-related risk — as defined in the LkSG of (1) The Supplier shall establish effective processes and January 1, 2023 — posed by the Supplier themselves or systematic and appropriate due diligence measures for by their supply chain. actively protecting the environment with the aim of iden- tifying, preventing, minimizing and ending both potential 4.2 T he Supplier undertakes to observe the prohibitions and actual negative impacts on the environment within and mandatory steps referred to below and to actively their supply chain. minimize the risk of one of the following prohibitions and mandatory steps being breached by ensuring actions are (2) The Supplier shall train their employees to under- taken and refrained from all along their supply chain: stand that the observance of environmental standards is compulsory. Moreover, the Supplier shall create clear (1) The prohibition of the manufacture of mercury-added regulations and parameters to systematically ensure the products. protection of the environment.
(2) The prohibition of the use of mercury and mercury (3) Should an increased risk be identified in relation to compounds in manufacturing processes within the mean- the Supplier, the Supplier undertakes to take part in the ing of Article 5 (2) and Annex B Part I of the Minamata prevention program stipulated by the FhG to minimize or Convention from the phase-out date specified in the prevent these risks. Convention for the respective products and processes. (4) Should the Supplier be found guilty of a breach, (3) The prohibition of the treatment of mercury waste the Supplier undertakes to take part in the program of contrary to the provisions of Article 11 (3) of the Minamata corrective measures devised jointly by the FhG and the Convention. Supplier to get the latter to set its own affairs in order (see Section 6). (4) The prohibition of the production and use of chem- icals pursuant to Article 3 (1) (a) and Annex A of the Stockholm Convention on Persistent Organic Pollutants of May 23, 2001.
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- Transparency and checks 6. Corrective measures by the responsible party
5.1 T he Supplier must be able to provide information about 6.1 S hould the Supplier be found to be in breach, the Suppli- the processes, systems, regulations and measures that er undertakes to take part in the program of corrective have been established within their enterprise in relation measures devised jointly by FhG and the Supplier to get to human rights due diligence and ecological due dili- the latter to set their own affairs in order. gence and must provide this information at the request of the FhG. (1) The Supplier undertakes to jointly draw up and imple- ment a plan for rectifying the deficiency. 5.2 T he FhG is entitled to inspect, audit or have audited by a third party commissioned by FhG the processes estab- (2) The Supplier accepts a temporary suspension of the lished by the Supplier for human rights and environmen- business relationship while efforts are made to minimize tal due diligence, including the due diligence measures the risk. taken by the Supplier in connection with human rights and environmental standards, as well as the timely imple- 6.2 T he Supplier accepts that a business relationship will be mentation of a prevention program or corrective action terminated if plan during normal operating and business hours in an appropriate risk-based manner. (1) the violation of a protected legal position or an environment-related obligation is assessed as very serious, 5.3 T he Supplier undertakes to report any failure to comply with these NHS to the FhG. The FhG whistleblowing (2) the implementation of the measures developed in system should be used to submit the report. the concept does not remedy the situation after the time specified in the concept has elapsed, 5.4 T he Supplier shall ensure that their employees have unfettered access to the FhG whistleblowing system. (3) the FhG has no other less severe means at its disposal In particular, the Supplier shall refrain from any action and there seems to be little prospect of the FhG increas- that blocks or hinders access to the FhG whistleblowing ing its ability to exert influence. system or that disadvantages or penalizes their employees due to their use of the FhG whistleblowing system.
5.5 T he Supplier should inform their business partners, suppliers and other stakeholders in relevant business relationships about the possibility of reporting suspected breaches (anonymously and confidentially) by using the FhG whistleblowing system.
For more information:
Fraunhofer Whistleblowing System (BKMS® System)
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