European Directive on Due Diligence: a milestone in the protection of human and environmental rights. A historic advance in the obligations of companies and in the protection of human and environmental rights. The Platform for Responsible Companies (PER) calls for transposing the directive without delay and improving key aspects to ensure its effectiveness.
Today the Directive on business due diligence on sustainability (CSDDD for its acronym in English) has passed its last formal process and has been approved by the competitiveness council of the Council of the European Union.
The directive represents a significant advance for human rights since it forces companies to take concrete measures that identify, prevent and mitigate human rights violations or environmental damage. It will also hold them accountable for any harm they have caused to people and the environment in their business operations.
The Directive approved today will apply to companies established in the EU with more than 1,000 employees and more than 450 million euros of annual net turnover. It will also apply to companies not established in the EU and that have a turnover of more than 450 million euros in the EU.
“We ask the Spanish Government to now proceed with the transposition of the directive into national legislation without delay. We see it as essential to strengthen areas of the directive that can still be improved to ensure its maximum effectiveness since the directive is going to be decisive for companies to respect human rights and the environment in their activities,” Amaya Acero, coordinator of the Platform for Responsible Companies (PER).
This regulation is key in the face of serious cases documented by Spanish civil society, such as the participation of the Basque company CAF in the tram expansion project in Jerusalem that links Israeli settlements in the Occupied Palestinian Territory and which has been declared illegal by the Human Rights Council. of the United Nations for violating international law and relevant UN resolutions; or the Repsol oil spill in Peru, which affected not only the ecosystem but the livelihoods of more than 10,000 fishing families on the coasts of Peru.
A historic advance in the protection of human and environmental rights
The Platform for Responsible Companies (PER) and its 20 member organisations, representing 530 entities, welcomes the adoption of the directive, recognizing that it represents a historic step in establishing binding requirements for companies operating in the EU to assess human rights and environmental risks related to its operations and part of its value chain, to end corporate impunity. This legislation also represents a significant advance in protecting victims of corporate abuses, making justice more accessible, affordable and efficient, and strengthening the judicial foundations for redress when harm occurs. The directive also requires companies to address the environmental impacts of their operations through climate transition plans, establishing climate objectives and implementation measures.
However, the Platform for Responsible Companies (PER) regrets that the norm does not meet the most ambitious expectations according to international human rights standards. For example, the scope of application has been diluted, which limits the number of companies required to comply with it. Furthermore, the obligations established by the standard affect the chain of activities, but not the global value chain, which excludes, among others, the use and sale of products. Another worrying issue is the partial exemption of the financial and arms sectors.
Today’s vote concludes the formal legislative file and the directive will come into force after its publication in the Official Journal of the European Union. From that moment on, Member States will have two years to incorporate the directive into their national legislation.
“Victims of corporate abuse have been waiting for justice for too long. The Spanish Government, which has been committed to the adoption of the directive, should continue to set an example and be among the first to transpose it without waiting for the deadline to expire,” adds Amaya Acero.
Among the aspects that must be improved in the transposition, the Platform for Responsible Companies (PER) considers it essential to expand the scope of application, eliminate exemptions from the financial and arms sectors and include the gender perspective, currently absent in the directive. Likewise, it is crucial to ensure that aspects such as civil liability, access to justice measures or transition plans are adequately incorporated into the Spanish legal system so that the directive meets its objectives.
From the PER, we urge the Spanish Government to correct these limitations during the transposition to guarantee a robust and effective implementation of the directive, which truly protects human rights and the environment, and puts an end to corporate impunity anywhere. of the planet.
The Platform for Responsible Companies (PER) will remain vigilant and proactive in promoting effective and fair implementation of this regulation.
The Platform for Responsible Companies (PER) is an alliance of 20 organizations and platforms that represent more than 530 social entities and a social base of 3 million members: Alboan, Alliance for Solidarity-ActionAid, Anesvad, Amnesty International, Asociación Pro Derechos Humanos España, Asufin, Coordinator of Organizations for Development, State Fair Trade Coordinator, Economists without Borders, Educo, Enlázate por la Justicia, Entreculturas, Fundación Paz y Solidaridad, Fundadeps, Greenpeace, Mundubat, CSR Observatory, Oxfam Intermón, Setem-Clean Clothes and USO. These entities work together to ensure that there is legislation on due diligence in matters of human rights and sustainability..