CSDDD: Deferred vote on the European Directive on due diligence
On 9 February 2024, the final vote of the Council of the European Union was to take place for theProposal for a law on the duty of company due diligenceCorporate Social Due Diligence Directive (CSDDD). This directive aims to impose on European companies the monitoring of their negative impact on human rights and the environment throughout their value chain. Despite an agreement already reached in mid-December between the Council of the EU and the European Parliament on this directive, which was voted by Parliament in June 2023 and initially presented by the European Commission in June 2023, the European Parliament adopted a directive on the protection of the environment and the environment.February 2022(cf.Duty of European vigilance: Parliament votes in favour of directive), this final validation was postponed due to the reservations of several Member States, including Germany. Berlin's abstention was expected and it would not have been surprising if several member countries followed the same path as Italy, Sweden, Finland, Estonia, Hungary or Poland.
Indeed, there is criticism of the Directive, particularly from business representatives, because of concerns about an increase in administrative burdens.
Although Germany supported the idea of this legislation, it expressed concern about its impact on SMEs and called for security measures to alleviate their legal liability. It must be said that the directive, which initially concerned large enterprises, extended to SMEs in certain sectors (textiles, mining, agriculture, forestry and fisheries).
The postponement of the CSDSD vote raises questions about the future of EU corporate accountability legislation. As the European elections approach, legislative work will be suspended as early as April, which could complicate the rapid adoption of this directive.
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