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EC Adopts Proposal For Directive On Corporate Sustainability Due Diligence

By Lynn L. Bergeson & Carla N. Hutton on March 8, 2022
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The EC announced on February 23, 2022, that it adopted a proposal for a Directive on corporate sustainability due diligence. According to the EC, the proposal is intended to foster sustainable and responsible corporate behavior throughout global value chains. Companies would be required to identify and, where necessary, prevent, end, or mitigate adverse impacts of their activities on human rights, such as child labor and exploitation of workers, and on the environment, for example, pollution and biodiversity loss. The new due diligence rules would apply to the following companies and sectors:

  • EU companies:
  • Group 1: All EU limited liability companies of substantial size and economic power (with 500+ employees and more than €150 million EUR in net turnover worldwide); and
  • Group 2: Other limited liability companies operating in defined high-impact sectors that do not meet both Group 1 thresholds, but have more than 250 employees and a net turnover of more than €40 million EUR worldwide. For these companies, rules would start to apply two years later than for group 1.
  • Non-EU companies active in the EU with turnover threshold aligned with Group 1 and 2, generated in the EU.

The EC notes that small and medium enterprises (SME) would not be directly in the scope of the proposal.

This proposal would apply to the company’s own operations, their subsidiaries, and their value chains (direct and indirect established business relationships). According to the EC, to comply with the corporate due diligence duty, companies would need to:

  • Integrate due diligence into policies;
  • Identify actual or potential adverse human rights and environmental impacts;
  • Prevent or mitigate potential impacts;
  • Bring to an end or minimize actual impacts;
  • Establish and maintain a complaint procedure;
  • Monitor the effectiveness of the due diligence policy and measures; and 
  • Publicly communicate on due diligence.

The proposal would require group 1 companies to have a plan to ensure that their business strategy is compatible with limiting global warming to 1.5 °C, in line with the Paris Agreement. The proposal would also introduce directors’ duties to set up and oversee the implementation of due diligence and to integrate it into the corporate strategy. When fulfilling their duty to act in the best interest of the company, directors would have to consider the human rights, climate change, and environmental consequences of their decisions.

The EC will present the proposal to the EP and the Council for approval. Once adopted, EU member states will have two years to transpose the Directive into national law and communicate the relevant texts to the EC.

Photo of Lynn L. Bergeson Lynn L. Bergeson

President of The Acta Group (Acta®), Ms. Bergeson counsels clients on issues pertaining to chemical hazard, exposure and risk assessment, and risk communication. She has earned an international reputation in the legal and regulatory aspects of conventional and nanoscale chemical regulatory…

President of The Acta Group (Acta®), Ms. Bergeson counsels clients on issues pertaining to chemical hazard, exposure and risk assessment, and risk communication. She has earned an international reputation in the legal and regulatory aspects of conventional and nanoscale chemical regulatory programs under the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the European Union’s Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and on issues pertinent to nanotechnology and other emerging transformative technologies. Specialties include chemical product approval and regulation under TSCA, FIFRA, and REACH, as well as nanoscale substances and nanomaterials law, policy, and regulation.

Today, Ms. Bergeson works with corporations and a wide range of trade associations on evolving regulatory and policy matters pertinent to products of conventional, biotechnology, biobased chemicals, nanotechnologies, and other emerging technologies particularly with respect to TSCA, FIFRA, Food Quality Protection Act (FQPA), REACH and REACH-like programs, and Occupational Safety and Health Administration (OSHA) matters.

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Photo of Carla N. Hutton Carla N. Hutton

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C’s clients, as…

Since 1996, Carla Hutton has monitored, researched, and written about regulatory and legislative issues that may potentially affect Bergeson & Campbell, P.C. (B&C®) clients. She is responsible for creating a number of monthly and quarterly regulatory updates for B&C’s clients, as well as other documents, such as chemical-specific global assessments of regulatory developments and trends. She authors memoranda for B&C clients on regulatory and legislative developments, providing information that is focused, timely and applicable to client initiatives. These tasks have proven invaluable to many clients, keeping them aware and abreast of developing issues so that they can respond in kind and prepare for the future of their business.

Ms. Hutton brings a wealth of experience and judgment to her work in federal, state, and international chemical regulatory and legislative issues, including green chemistry, nanotechnology, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), Proposition 65, and the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) program.

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  • Posted in:
    Corporate Governance and Compliance, Environmental and Climate
  • Blog:
    REACHblog™
  • Organization:
    The Acta Group

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