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Environment, Land & Resources

Insights and commentary on environmental issues and developments impacting business across the world

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OECD Updates Corporate Due Diligence Guidelines

Posted on June 27, 2023
Posted in Environmental, Social, and Governance, European Environmental and Public Law

The Guidelines build on current social, environmental, and technological issues facing businesses following the last update in 2011.

By Paul A. Davies, Michael D. Green, and James Bee

The Organisation for Economic Co-operation and Development (OECD) released updated Guidelines for Responsible Business Conduct on 8 June 2023 (the OECD Guidelines).

Background to the OECD Guidelines

The OECD Guidelines, introduced in 1976, set out voluntary principles and standards to ensure multinational companies embed due diligence practices, to enhance sustainable development and address adverse social and environmental impacts. Currently, 51 countries adhere to the OECD Guidelines, including the majority of EU Member States.

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European Parliament Agrees Position on Corporate Sustainability Due Diligence Directive

Posted on June 15, 2023
Posted in Environmental, Social, and Governance, European Environmental and Public Law

Trialogue negotiations have begun following the parliament’s vote.

By Paul A. Davies, Michael D. Green, and James Bee

On 1 June 2023, the European Parliament voted to adopt its initial negotiating position on the EU’s proposed Corporate Sustainability Due Diligence Directive (CSDDD).

If adopted, the CSDDD would apply to large EU and non-EU businesses with significant net turnover in the EU. It would impose requirements to identify, prevent, end, or mitigate the negative impact of activities on human rights and the environment. CSDDD is still in the trialogue stage, whereby the three core branches of the EU negotiate the final content of legislation. Hence, the specific details of the CSDDD continue to evolve as they are negotiated by the EU’s political institutions. Further, as a directive that would need to be transposed into the domestic law of each EU Member State and given the key role for national regulators under the proposals, the CSDDD’s exact scope and impact will depend on the results of the negotiations and its implementation in each of the EU’s jurisdictions.

European Council Adopts Negotiating Position on Corporate Sustainability Due Diligence Directive

Posted on December 2, 2022
Posted in Environmental Regulation, Environmental, Social, and Governance, European Environmental and Public Law

The Council’s position includes a number of differences from the European Commission’s original proposal, including in relation to the requirement to diligence the broader value chain.

By Paul A. Davies, Michael D. Green, and James Bee

On 30 November 2022, the European Council (the Council) — which comprises the views of the EU Member State governments — adopted its negotiating position on the EU’s proposed Corporate Sustainability Due Diligence Directive (CSDDD). The CSDDD would require large companies operating in the EU to undertake due diligence on their own activities and that of their suppliers, and to identify, mitigate, or avoid any actual or potential adverse impacts of their business operations. The CSDDD would also set out any penalties (including possible civil liability) in relation to the breach of such obligations.

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