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European Union and its member states have approved a framework to prevent that companies providing low prices based on dumping, child labour, pollution and exploitation will not be better positioned in the EU market. They adopted the Corporate Sustainable Due Diligence Directive (CSDDD), which will provide guidance to companies on how to prevent significant negative impacts in their operations and value chains.
The text of the Directive must be transposed into the legislation of the Member States, and therefore into Czech law, within the next two years. The first companies will be required to follow it from mid-2027.
As Frank Bold, we have long highlighted the lack of solutions to the problematic behaviour of some companies in the European market and have been expertly involved in ensuring that the legislative solution is of the highest quality and most effective. During the four years of negotiations we initiated multistakeholder statements that brought together associations, business, NGO and union voices, like in a December 2023 statement.
The CSDDD will require companies to address the impacts on climate through climate transition plans. The purpose of the transition plan is to ensure that the company’s business model and strategy are compatible with the sustainable economy transition and the objectives of limiting global warming to 1.5 degrees.
We have also highlighted in a briefing the need for clear standards on responsible business conduct in times of armed conflict, such as the Russian war in Ukraine. It is important that the private sector does not take rushed reactions, but is prepared and ensures that companies do not contribute to armed conflict, or otherwise exacerbate crises.
The Directive will start to apply to very large EU companies with more than 5000 employees and a net worldwide turnover of more than EUR 1,5 billion in 2027 and by 2029 all companies with more than 1000 employees and a net worldwide turnover of more than EUR 450 million in the last financial year are in scope. That is approximately 5500 companies across the EU in 2027, thereof about 1500 in Germany and about 34 in the Czech Republic.
The CSDDD also applies to non-EU companies with a significant turnover in the EU.
Small and medium enterprises (SMEs) do not fall within the scope of the directive, but they may be indirectly affected as contractors or subcontractors. To reduce the financial and administrative burden on SMEs, the CSDDD requires Member States and the Commission to provide information and financial support to build SMEs’ capacity. Companies whose business partners are SMEs are also encouraged and, in some cases, required to help them comply with due diligence measures, with training and financial investments.
Frank Bold has also addressed how sustainability due diligence can be implemented, what are examples of good and bad practice and existing tools that can help business. Read our e-book with FAQ assembling figures, examples and helpful guidance.
Lastly, we have launched Frankly Speaking - a new podcast discussing developments in the field of ESG, business and human rights, and corporate reporting. A new episode is published every second Wednesday and available on Spotify and Apple Podcasts.
Due diligence is a precondition for the sustainable activities as defined by the EU Taxonomy and green financing under the Sustainable Finance Disclosure Regulation, including green bonds. Particular ESG due diligence requirements will be regulated by the forthcoming Sustainable Corporate Governance Directive. To help companies better understand its scope and to clarify its requirements, Frank Bold is hosting a webinar. It will feature international experts from companies such as Ericsson and outdoor clothing manufacturer Vaude. We invite you to join us on 26 January at 10 am CET.
In mid-December, the European Commission acknowledged a large part of the arguments put forward by the Czechia in an effort to prevent the expansion and continuation of illegal mining at the Turów mine in Poland, that endangers the sources of drinking water for thousands of people in the Liberec region and, according to new studies, has serious impacts on groundwater in Germany as well. Frank Bold's lawyers, who defend the interests of Czech citizens, have long been involved in the case.
The Frank Bold Society and the Neighbourhood Association Uhelná called on the Czech government today to be more consistent in its negotiations with Poland over mining at the Turów brown coal mine. According to both organisations, the government did not have enough information or time to prepare an agreement that would truly protect Czech interests. Moreover, the government has acted in a non-transparent manner by failing to inform the public in advance of the terms of the agreement being prepared, which should lead to the withdrawal of the action against Poland at the EU Court of Justice. The organisations have therefore drawn up a document with seven basic demands on which the Czech side should insist.
