Английская Википедия:Corporate Sustainability Due Diligence Directive
The Corporate Sustainability Due Diligence Directive (CSDDD/CS3D Directive – together with the CSRD, the Directives) is a proposed Directive in European Union law to require require due diligence for companies to prevent adverse human rights and environmental impacts in the company’s own operations and across their value chains.[1]
History
The CSDDD/CS3D directive was first published by the European Commission on February 23, 2022. On December 1, 2022 the European Council adopted its own approach to the written proposal. On June 1, 2023, the European Parliament adopted the CSDDD as a draft that would be negotiated for the rest of the year. The Directive is expected to be officially adopted in 2024 and then be incorporated into domestic laws within two years by all of the European Union member states.[2]
Contents
Summary
The current proposals for CSDDD establishes a framework of due diligence for companies to identify actual or potential risks and harm to human rights and the environment as well as establishing processes and standards to diminish these risks. The Directive will apply to a company’s “chain of activities", as well as operations across the company’s subsidiaries both insides and outside of Europe. The purpose of the Directive is to improve the regulatory framework on human rights and sustainability due diligence, which will aid in the EU’s transition to a climate-neutral and green economy. Additionally, CSDDD will establish consistency across different Directives in the European Union.[3]
Companies involved
- Large EU limited liability companies:
- Group 1: +/- 9,400 companies - 500+ employees and net EUR 150 million+ turnover worldwide.
- Group 2: +/- 3,400 companies in high-impact sectors. - 250+ employees and net EUR 40+ million turnover worldwide, and operating in defined high impact sectors, e.g. textiles, agriculture, extraction of minerals. For this group, the rules start to apply two years later than for group 1.
- Non–EU companies: +/- 2,600 companies in Group 1 and +/- 1,400 in Group 2
- Third country companies active in the EU with turnover threshold aligned with Group 1 and 2, generated in the EU.
- Small and medium-sized enterprise (SMEs)
- Micro-enterprises and SMEs are not concerned by the proposed rules. However, the proposal provides supporting measures for SMEs, which could be indirectly affected.[4]
Enforcement
The rules of directors' duties are enforced through existing Member States' laws. The rules on corporate sustainability due diligence will be enforced through administrative supervision. European Union Member States will designate an authority to supervise and enforce the Directive, including fines and compliance orders. The European Union will set up a European Network of Supervisory Authorities that will bring together representatives of the Member States to ensure a coordinated approach. Member States will ensure that victims get compensation for damages resulting from the failure to comply. [5]Шаблон:Expand section
References
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