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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.
This spring, the European Commission's ETIP SNET platform released a study on the impact of energy communities on the grid. The analysis was followed up in August by the major pan-European CIGRE conference, where study authors discussed their findings with energy experts, including scientists and grid operators. They concluded that well-structured energy communities could benefit the grid if supported by the regulatory framework and other market participants.
The study on the sustainability disclosures of 100 influential companies from high-impact sectors provides an early reflection on the general readiness for businesses in the EU to meet the expectations of the upcoming EU sustainability rules and standards. Our report contributes to identifying the main challenges, as well as to highlight emerging good practices.
Thanks to legal support from the Frank Bold expert group, the Czech Neighborhood Association Uhelná, which has been opposing the adverse effects of mining at the Polish Turów mine, has achieved a significant milestone: at their initiative, the Czech Environmental Inspectorate (CEI) launched an investigation to assess whether mining activities at Turów are causing long-term water loss on the Czech side of the border. This is one of the first cases in which the Czech office has applied the Act on the Prevention of Ecological Damage. The Inspectorate has also included the Polish mining company PGE in the proceedings.
