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The Russian war in Ukraine has, in addition to the COVID-19 global pandemic, once again highlighted the need for corporate human rights and environmental due diligence (HREDD) regulation, such as the proposed EU Corporate Sustainability Due Diligence Directive (CSDDD).
After the start of the Russian invasion, many European companies struggled with the challenges of conducting business in the region responsibly. Issues arose in relation to the provision of essential services to affected people; engagment with employees on safety, protective measures, salaries and relocations; alongside highly-publicised questions over whether, when and how to responsibly exit the Russian and Belarussian markets. (As of early June 2022, almost 1000 companies have announced their withdrawal from Russia).
The type of business relationships European companies maintained in Russia prior to the war (the provision of technology services to the Russian military, for example); how companies reacted immediately after the invasion; and how they continue to react is significant and, in many cases, has been costly to affected persons as well as companies themselves.
The scale and divergent nature of these reactions show the urgent need for crosssectoral HREDD obligations in order to ensure common standards of responsible business conduct and private sector preparedness in the face of future crises.
At the end February, we exposed how the European Commission’s recently announced Omnibus proposals intend to modify corporate sustainability due diligence, reporting and taxonomy and how it will influence the effectiveness of these key legal frameworks.
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.
