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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 one year of rushed and frenzied political decision-making on the Omnibus 1 package, the EU has come to a decision.
The revised EU Sustainability Reporting Standards have been significantly reduced down to just one-third of the original disclosures.
Under intense pressure to cut reporting obligations and prioritise deregulation over transparency and safeguards against greenwashing, Europe's leadership in setting sustainability standards is at risk. While the new standards provide a functional framework, their application relies on companies approaching implementation in good faith.
For the first time, the European People's Party (EPP) in the European Parliament is relying on the support of the anti-European, right-wing groups to pass a legislative text - its position on the Omnibus 1 simplification package. This represents a clean break with the cordon sanitaire that previously kept such alliances off-limits.
