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As part of its strategy to implement the European Green Deal and the Action Plan on Financing Sustainable Growth, the European Commission presented its proposal for a Corporate Sustainability Due Diligence Directive (CSDDD).
This paper specifically addresses the parts of the proposal that relate to corporate governance and directors’ obligations, as well as to the responsibilities of the financial sector. It intends to complement the analyses of non governmental and expert organisations on the due diligence aspects.
1. Directors’ obligations as part of due diligence
2. Directors’ obligations with regard to climate change
3. Alignment of incentives to sustainability objectives
4. Responsibilities of the financial sector
In the explanatory memorandum of the draft CSDDD, the EU Commission recalls that one of the five specific objectives of the directive is “(1) improving corporate governance practices to better integrate risk management and mitigation processes of human rights and environmental risks and impacts, including those stemming from value chains, into corporate strategies”. However, the proposal initially referred to as 'Sustainable Corporate Governance' has been presented with only a few elements to foster integration of sustainability and long-term thinking in corporate governance rules. It is important that corporate governance keeps pace with sustainable finance and the demands of stakeholders and investors, which themselves have supported the call on clarifying directors’ obligations.
Briefing supported by:
After three months of rushed decision-making, the European Commission presented its Omnibus Simplification Package and proposed major rollbacks to the EU’s corporate sustainability legislation, threatening to undermine Europe's leadership in sustainable business practices and ESG reporting.
With the latest leaks, it is becoming clearer and clearer that President Ursula von der Leyen and Commissioner Valdis Dombrovskis are willing to sacrifice the very foundations of the EU’s ESG legislation all whilst bypassing the due legislative process.
The expert group Frank Bold, along with Greenpeace and Friends of the Earth, has submitted a complaint to the European Commission regarding the actions of Czech authorities in setting emission limits for the Počerady coal power plant. In August 2024, a court revoked the plant's extensive emission limits derogation, and authorities were required to immediately reflect this decision in its operating permit. However, this has not yet happened. As a result, the power plant is currently violating the legal limit for mercury emissions. The complainants are calling on the Commission to investigate whether the Czech Republic’s approach to Počerady is in breach of the EU Industrial Emissions Directive (IED).
