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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.
Join us for our upcoming webinar where we present the findings from our analysis of sustainability disclosures by 100 large EU companies in high-impact sectors.
ClientEarth and Frank Bold bring you their ultimate legal CS3D analysis. It unpacks every single environmental element of the directive and can be used by national governments to unlock its potential in the next two years.
Together with other environmental organizations, we succeeded in revoking a derogation from the emission levels associated with the best available techniques for the Počerady Power Plant, the largest producer of greenhouse gases in the Czech Republic. The illegal derogation allowed the plant to emit unprecedented amounts of toxic mercury. Now it is the turn of the Ministry of the Environment to push for an end to the ongoing illegal situation.
