Several German ministries led by the Socialist and Green parties have sent a letter to the EU Commission with the objective of rolling back European legislation on corporate sustainability reporting. This legal framework will be applicable to 27 EU Member States as of January 1st, 2025, but German parties, immersed in electoral and political infighting, are using this legislation to promise quick, but dysfunctional solutions.
Companies across the EU (and globally) are already preparing and investing to comply with the EU CSRD and the sustainability standards. Certain countries like Denmark, Sweden and Spain had already expanded the previous legislation to incorporate more companies to report on sustainability data. The attempts coming from Germany are undermining other Member States’s efforts that are focusing their attention on supporting companies instead of confusing them and creating major legal uncertainty.
Regarding the content of their letter, German ministries prepared a set of proposals without engaging with relevant internal and external experts, proposing a sort of ‘magic potion’ that completely misses the point (or directly and intentionally misleads) how the CSRD and EU standards have been built.
The EU standards are by nature a business tool for companies to identify and address their sustainability risks and impacts from a strategic perspective. They address a market failure to deliver convergence and consolidation between different frameworks and standards.Moreover, the conflation of proposals from German ministries would break the information system between companies that has been established in European legislation, based on international standards.Sustainability reporting is the basis of a sustainable finance system whose purpose is to direct capital towards transition and innovation. With this framework, companies are guided to focus on what is really relevant for them, ensuring comparability and curbing greenwashing.
The CSRD system is key to ensure a level playing field, requiring transparency from non-EU companies and supporting EU manufacturing against unfair competition that does not respect fundamental human rights and environmental standards.
This reaction has been prepared by Frank Bold and is supported by WWF EU.
A new legal briefing by Frank Bold unpacks the new restrictions on information requests to business suppliers following the Omnibus 1 revisions to the CSRD and CSDDD, and explains the practical implications for companies.
Due diligence under the Corporate Sustainability Due Diligence Directive (CSDDD) is designed to direct finite corporate resources towards the issues that matter most for people and the environment. At the heart of that effort is prioritisation, defined in Article 9 of the Directive. Having spoken about this topic at the RBA conference this week, I want to share some reflections on what good prioritisation looks like in practice and what pitfalls to avoid.
The Parliament proposal shows that many of the concerns raised through Frank Bold’s research and engagement with policymakers are now entering the legislative mainstream. But the negotiations ahead will determine whether the final framework is capable of addressing the structural weaknesses that continue to undermine trust in the sustainable investment market.
