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Article
27 Jan 2025
Author:
The Belgian Federal Institute for Human Rights, The Consultative Commission for Human Rights of Luxembourg, The Danish Institute for Human Rights, The Finnish Human Rights Centre, The French National Consultative Commission for Human Rights, The German Institute for Human Rights, The Greek National Commission for Human Rights, The Norwegian Institute for Human Rights, The Office of the Ombudswoman of Croatia
and The Ombudsman of the Republic of Latvia,
Author:
// L'Institut fédéral belge des droits humains; La Commission consultative des droits de l'Homme du Luxembourg; L'Institut danois des droits de l'Homme; Le Centre finlandais des droits de l'Homme; La Commission nationale consultative des droits de l'Homme (France)
L'Institut allemand des droits de l'Homme; La Commission nationale grecque des droits de l'Homme; L'Institut norvégien des droits de l'Homme; Le bureau de l’Ombudswoman de Croatie; Le Ombudsman de la République de Lettonie
European NHRIs raise concerns in relation to the European Commission's Omnibus proposal
"European NHRIs raise concerns in relation to the EU’s Omnibus proposal," 27 January 2025
Recently, EU President Ursula von der Leyen announced that the European Commission would develop an Omnibus proposal revisiting certain aspects of recent regulations that were aimed at encouraging responsible business conduct. In an open letter, ten NHRIs raised concerns that the proposal could jeopardize the momentum around corporate sustainability in the EU...
In an open letter to the European Commission, the Danish Institute for Human Rights, together with nine sister organizations from across Europe, recognizes the need to enhance policy coherence, consistency, and clarity in sustainability-related legal requirements for companies. However, they stress that the announcement of the Omnibus proposal has created uncertainty for a broad range of stakeholders:
“We are concerned that this process could jeopardize the broader contents of these laws, the momentum around corporate sustainability and sustainable finance in the EU, and unintentionally disadvantage companies that have already invested significantly in anticipation of legal requirements,” the letter states...
“The EU’s policy and regulatory actions to address pressing sustainability issues are a long-awaited response to the legitimate expectations of rightsholders and other stakeholders for enhanced respect for human rights and the environment in business activities. These actions reflect the results of public consultations with all stakeholders.”
These laws are already an agreed political compromise that has passed through the legal process in the EU. Most EU Member States have already transposed the requirements of the CSRD into their national laws, and processes for the transposition of the CSDDD are ongoing. Meanwhile, companies subject to the CSRD have already invested considerable resources into meeting the new reporting requirements.
“We call for the integrity of the instruments to be respected and for the European Commission to focus its efforts on facilitating effective implementation. Priority should now be given to developing guidance and other accompanying measures and guidelines by the European Commission,” the signatories write, calling for NHRIs to be actively consulted in this process.
Part of the following timelines
EU: Development & implementation of the Corporate Sustainability Reporting Directive (CSRD)
CSOs argue that the EU must reject calls for corporate-driven deregulation and uphold sustainability laws to protect people, the planet, and small businesses from exploitation.
150+ civil society stakeholders have requested in a joint letter that the European Commission does not create further confusion and uncertainty through re-opening agreed legislative texts. The letter also criticises the way in which the Omnibus process has proceeded.
Finnish CSOs and companies urge the European Commission to avoid renegotiating agreed sustainability due diligence rules, emphasising the need for certainty, timely transposition, and clear guidance.
240 European researchers, mainly economists, have issued an open letter warning of the dangers of the ‘Omnibus’ initiative being prepared by the European Commission.
Frank Bold's analysis examines the positions on the Omnibus proposal, specifically the CSRD and CSDDD, from certain ministries and authorities in Germany and France.
Investors with a combined €6.6 trillion in assets under management have urged the European Commission to “preserve the integrity and ambition” of the EU’s sustainable finance framework.
In their commentary, Heidi Hautala and the Resource Centre's Director Phil Bloomer argue that Europe must resist deregulation pressures and maintain strong ESG standards to uphold public trust, protect rights, and ensure legal certainty for businesses.
Signatories request President von der Leyen and Commissioner Dombrovskis to "respect the principles of democratic decision-making enshrined in the Treaty on European Union, which are so important to the credibility, mandate and public trust in the EU institutions."
Alexander Burr, ESG policy lead at Legal and General Investment Management, told Bloomberg that rolling back the rules “could risk our ability to understand ESG or sustainability-related risks.” The statement has also been covered by other outlets including Forbes and FT SustainableViews.
The European Commission is convening a roundtable with major corporations, particularly from the financial and energy sectors, and civil society groups to discuss revisions to the upcoming Omnibus proposal.
The European Commission announced plans to streamline business regulations to boost innovation. CSOs have criticised this Competitiveness Compass, arguing that it steers Europe in the wrong direction.
Ten European National Human Rights Institutions (NHRIs) expressed concerns in an open letter that the EU’s Omnibus proposal could undermine progress on corporate sustainability and create uncertainty for companies.
Transition plans should be “a single, comprehensive strategic planning process that covers all regulatory requirements stemming from applicable legislation” such as the corporate sustainability reporting directive and corporate sustainability due diligence directive (CSDDD), EBA's new guidelines state.
CSOs criticise France’s push for an indefinite delay of EU legislation, including CSRD and CSDDD, warning it could undermine social and environmental justice despite the country’s prior support for the legislation.
In light of the European Commission's announcement of an 'Omnibus Simplification Package’ , a group of business and human rights experts from legal practice, consulting, academia and the business world have expressed their grave concerns regarding the approch in a letter to the Commission.
In light of the discussions around an ‘Omnibus’ law, companies like Nestlé, Mars, Mondelez, Ferrero, Hershey and Tony’s Chocolonely, as well as other chocolate sector actors, urge the European Commission to not modify any elements of the CSDDD, nor to reopen it for renegotiation by the co-legislators, but to focus on guidance and support for its implementation.
The letter from 11 companies and industry associations, including Nestlé, Ferrero, MARS, Primark and Unilever, says: "Investment and competitiveness are founded on policy certainty and legal predictability. The announcement that the European Commission will bring forward an “omnibus” initiative that could include revisiting existing legislation risks undermining both of these."
170 civil society groups, human rights and environmental defenders, trade unions and climate activists have published a joint statement "saying no" to the 'Omnibus' proposal announced by EU Commission President von der Leyen to amend three key legislative pillars of the European Green Deal: the CSDDD, the CSRD and Taxonomy Regulation
The due diligence approach allows human rights and environmental risks to be assessed in a contextualized manner. Behind what is criticized as a “bureaucratic” approach, there is therefore far-reaching trust in companies, the authors argue.
Some of France’s largest companies, including Amundi SA and Electricite de France SA, have signed a letter to European policymakers urging them to ensure the bloc sticks with its current timetable for implementing ESG reporting rules.
90+ organisations urge EU leaders to protect the sustainability reporting framework, promoting smart implementation and providing the legal certainty companies need to thrive.
The 2024 Danish Institute for Human Rights benchmark assesses the human rights policies and due diligence practices of 30 major Danish companies, measuring their alignment with global standards and contributing to discussions on responsible business conduct and the impact of upcoming EU regulations.
In their new report, frank bold shows key findings from an assessment of 100 companies’ reports in preparation for the implementation of the EU Sustainability Reporting Standards, good practice examples and recommendations to businesses, auditors and policymakers.
UNICEF’s new guidance briefs assist companies reporting under the European Sustainability Reporting Standards (ESRS) by offering insights on how to integrate children’s rights into assessments, disclosures, and reporting requirements, especially in areas such as child labor, community impacts, and protections for children as consumers.
Standardised sustainability disclosures under the CSRD are crucial for the EU's economic resilience and global leadership in sustainability, write Julia Otten and Susanna Arus of Frank Bold in Sustainable Views. Policymakers should maintain a strategic vision, focusing on long-term resilience rather than short-term expediency.
The European Commission has initiated infringement procedures against 17 EU member states for failing to meet the July 6, 2024 deadline to fully implement the Corporate Sustainability Reporting Directive (CSRD) into national law.
The agreement among EU co-legislators needs to be formally voted by the Council and EU Parliament, but is expected to be in place before the EU elections this year.
However, MEPs ensured that the Commission will strive to publish sector-specific sustainability reporting standards in eight areas as soon as they are ready before the deadline.
It of critical importance to address challenges and uncertainties currently faced by companies, as well as to ensure meaningful sustainability disclosures, the statement says.
A majority of 359 Members of the Parliament voted against a motion to reject the ESRS and its replacement with an emptied and diluted piece of legislation.
Germany is seeking to exempt thousands of Mittelstand companies from EU green reporting rules, in a move officials say risks “gutting” the bloc’s efforts to hold companies accountable for their impact on the environment.
Frank Bold calls on the Commission not to disregard the political agreement reached in 2022 on the Corporate Sustainability Reporting Directive (CSRD).
These Standards provide more detail on the Corporate Sustainability Reporting Directive adopted last year, while also updating them to align with new international climate reporting standards issued in June.
Eurosif welcomes the standards covering all Environmental, Social and Governance topics. Concerns remain over making all disclosures subject to materiality assessment.
The endorsed statement was developed jointly by the European Fund and Asset Management Association (EFAMA), the European Sustainable Investment Forum (Eurosif), the Institutional Investors Group on Climate Change (IIGCC), the PRI and the United Nations Environment Programme Finance Initiative (UNEP FI).
On 9 June, the European Commission published for public consultation a draft Delegated Act on the first set of European Sustainability Reporting Standards.
Publication by the Danish Institute for Human Rights: "How do the pieces fit in the puzzle? Making sense of EU regulatory initiatives related to business and human rights"
The European Commission will now consult EU bodies and Member States on the draft standards,
before adopting the final standards as delegated acts in June 2023, followed by a scrutiny period by the European Parliament and Council.
Sustainability reporting experts and NGOs welcome the adoption of the EU sustainability reporting standards (ESRS) by EFRAG submitted this week to the European Commission. Whilst the ambition of the ESRS remains limited in several areas, they represent a major improvement for companies as well as for users of sustainability information and address the biggest problems in quality and reliability of corporate reporting.
MEPs voted today (November 10) to confirm the agreement reached earlier this summer to strengthen companies’ obligations to disclose information on their sustainability risks and impacts, and adopt mandatory EU standards covering ESG matters
The letter, signed by 37 organisations, calls on the European Commission to uphold the legal mandate agreed in the CSRD to develop and adopt an ambitious framework to improve and standardise corporate disclosure on sustainability matters
On Tuesday 21 June, the trilogue negotiations between the European Commission, Parliament and Council concluded with an agreement for the EU Corporate Sustainability Reporting Directive (CSRD).
The EU Corporate Sustainability Reporting Directive proposal will move to the final stage of the legislative process and enter trilogue negotiations between the EU Commission, European Parliament and the Council.
NGOs together with investors and asset managers call members of the European Parliament to broaden the scope of the Corporate Sustainability Reporting Directive (CSRD) to ensure that all listed SMEs, as well as non-listed SMEs operating in high-risk sectors, are adequately incorporated in the legal framework.
The 12 signatories of this statement - who represent key users of corporate sustainability information - call on EU policymakers to promptly agree on the EU Corporate Sustainability Reporting Directive reform and support accompanying EU standards
Frank Bold's report calls on EU to strengthen Corporate Sustainability Reporting Directive to effectively address barriers to supervision and enforcement of disclosure obligations introduced by EU NFRD
Business & Human Rights Resource Centre has signed an open letter alongside Wikirate, OAR and Clean Clothes Campaign, urging EU members of Parliament and the EU Commission to adopt and incorporate open data principles into the proposed Corporate Sustainability Reporting Directive
The authors argue that respect for human rights is not just an ESG factor, but a global standard of expected conduct for all companies, including institutional investors.
The proposal presents several major improvements which are essential to help companies focus and report on meaningful information and channel finance to activities and projects needed to meet the objectives of the European Green Deal. However, it falls short on several important points, which significantly limit its desired impact.
The recommendations can successfully guide the EU standard-setting process, and significantly advance the quality of corporate sustainability transparency, says the Alliance for Corporate Transparency.
The reports set out recommendations to the European Commission for the elaboration of possible EU sustainability reporting standards and for possible changes to EFRAG's governance and funding if it were to become the EU sustainability reporting standard setter.
To contribute to a meaningful EU process for the standardisation of reporting requirements in favour of comparable, concise and relevant disclosure, the members of the Alliance for Corporate Transparency have combined their expertise and aligned on key priorities for reform of the EU NFR Directive and development of possible future standards.
CSOs argue that the EU must reject calls for corporate-driven deregulation and uphold sustainability laws to protect people, the planet, and small businesses from exploitation.
150+ civil society stakeholders have requested in a joint letter that the European Commission does not create further confusion and uncertainty through re-opening agreed legislative texts. The letter also criticises the way in which the Omnibus process has proceeded.
Frank Bold's analysis examines the positions on the Omnibus proposal, specifically the CSRD and CSDDD, from certain ministries and authorities in Germany and France.
Finnish CSOs and companies urge the European Commission to avoid renegotiating agreed sustainability due diligence rules, emphasising the need for certainty, timely transposition, and clear guidance.
240 European researchers, mainly economists, have issued an open letter warning of the dangers of the ‘Omnibus’ initiative being prepared by the European Commission.
Investors with a combined €6.6 trillion in assets under management have urged the European Commission to “preserve the integrity and ambition” of the EU’s sustainable finance framework.
Signatories request President von der Leyen and Commissioner Dombrovskis to "respect the principles of democratic decision-making enshrined in the Treaty on European Union, which are so important to the credibility, mandate and public trust in the EU institutions."
In their commentary, Heidi Hautala and the Resource Centre's Director Phil Bloomer argue that Europe must resist deregulation pressures and maintain strong ESG standards to uphold public trust, protect rights, and ensure legal certainty for businesses.
Alexander Burr, ESG policy lead at Legal and General Investment Management, told Bloomberg that rolling back the rules “could risk our ability to understand ESG or sustainability-related risks.” The statement has also been covered by other outlets including Forbes and FT SustainableViews.
The European Commission is convening a roundtable with major corporations, particularly from the financial and energy sectors, and civil society groups to discuss revisions to the upcoming Omnibus proposal.
The European Commission announced plans to streamline business regulations to boost innovation. CSOs have criticised this Competitiveness Compass, arguing that it steers Europe in the wrong direction.
Ten European National Human Rights Institutions (NHRIs) expressed concerns in an open letter that the EU’s Omnibus proposal could undermine progress on corporate sustainability and create uncertainty for companies.
Transition plans should be “a single, comprehensive strategic planning process that covers all regulatory requirements stemming from applicable legislation” such as the corporate sustainability reporting directive and corporate sustainability due diligence directive (CSDDD), EBA's new guidelines state.
CSOs criticise France’s push for an indefinite delay of EU legislation, including CSRD and CSDDD, warning it could undermine social and environmental justice despite the country’s prior support for the legislation.
In light of the European Commission's announcement of an 'Omnibus Simplification Package’ , a group of business and human rights experts from legal practice, consulting, academia and the business world have expressed their grave concerns regarding the approch in a letter to the Commission.
In light of the discussions around an ‘Omnibus’ law, companies like Nestlé, Mars, Mondelez, Ferrero, Hershey and Tony’s Chocolonely, as well as other chocolate sector actors, urge the European Commission to not modify any elements of the CSDDD, nor to reopen it for renegotiation by the co-legislators, but to focus on guidance and support for its implementation.
The letter from 11 companies and industry associations, including Nestlé, Ferrero, MARS, Primark and Unilever, says: "Investment and competitiveness are founded on policy certainty and legal predictability. The announcement that the European Commission will bring forward an “omnibus” initiative that could include revisiting existing legislation risks undermining both of these."
170 civil society groups, human rights and environmental defenders, trade unions and climate activists have published a joint statement "saying no" to the 'Omnibus' proposal announced by EU Commission President von der Leyen to amend three key legislative pillars of the European Green Deal: the CSDDD, the CSRD and Taxonomy Regulation
The due diligence approach allows human rights and environmental risks to be assessed in a contextualized manner. Behind what is criticized as a “bureaucratic” approach, there is therefore far-reaching trust in companies, the authors argue.
Some of France’s largest companies, including Amundi SA and Electricite de France SA, have signed a letter to European policymakers urging them to ensure the bloc sticks with its current timetable for implementing ESG reporting rules.
The paper explores how the Corporate Sustainability Due Diligence Directive could promote responsible business practices in Sub-Saharan Africa, with examples of the impact on three commodities– cotton, cocoa, and copper supply chains– and provides an action plan for African policymakers.
The 2024 Danish Institute for Human Rights benchmark assesses the human rights policies and due diligence practices of 30 major Danish companies, measuring their alignment with global standards and contributing to discussions on responsible business conduct and the impact of upcoming EU regulations.
A new report by the EIRIS Foundation, applying its Social LobbyMap methodology, examines and highlights the role of private sector influence in the exclusion of financial sector downstream value chain activities from the scope of the EU Corporate Sustainability Due Diligence Directive (CSDDD).
The ECCJ, in collaboration with 8 other CSOs, published a Transposition Guide for the Corporate Sustainability Due Diligence Directive (CSDDD). This essential guide provides key insights and recommendations for the upcoming transposition phase of this EU directive.
The ActionAid report highlights the need for a gender-responsive approach to the CSDDD, emphasizing the importance of addressing gender inequality, women’s rights, and protections for marginalized groups disproportionately affected by corporate abuses.
The report outlines recommendations for governments and companies to enhance corporate human rights performance through robust regulatory frameworks and collaborative efforts.
The study by the British Institute of International and Comparative Law provides reflections on changes in corporate practice resulting from the implementation of HREDD laws, namely the French DVL and German LkSG, and a comparative analysis of these legal models.
Trade unions are pushing for stronger human rights protections in the base metals sector, emphasising the role of HRDD frameworks and the CSDDD in improving worker conditions and holding companies accountable.
Anti-Slavery International's analysis of the EU CSDDD aims to empower civil society organisations to advocate for its effective implementation, address remaining gaps, and promote fair treatment of workers by businesses.
In its report, UNICEF provides its recommendations to the EU Institutions, EU Member States, and businesses on how to effectively implement the CSDDD for children’s rights.
The guide provides an in-depth analysis of the CS3D Directive, offering recommendations for its transposition into national laws to ensure strong environmental protection while encouraging alignment with international standards and supporting lawmakers, public authorities, and companies in understanding and implementing its provisions.
The particular format of the sector dialogues has had some positive results, but on balance the overall result for civil society is rather patchy – this is the conclusion NGOs participating in those sector dialogues present in a new background paper. Attempts by companies to depict their activities in sector dialogues as stakeholder engagement must be viewed in a critical light against the background of the CSDDD and the German Supply Chain Act.
The guide provides practical guidance on how to engage with policymakers through the transposition of the Corporate Sustainability Due Diligence Directive to advocate for alignment with the UN Guiding Principles on Business and Human Rights and other international business and human rights standards.
Non-exhaustive examples showing how questions of effectiveness, current supply network/value chain complexity, and feasibility for companies have been addressed by the Corporate Sustainability Due Diligence Directive (CSDDD).
The new blog by BSR says that financial institutions should proactively align with the CSDDD by assessing management gaps, enhancing collaboration, mapping value chains, identifying stakeholders, and developing a roadmap based on international due diligence standards.
Swedwatch views the CSDDD as a positive, long-awaited step towards corporate accountability but urges the Swedish government to strengthen the law during transposition, particularly by addressing gaps in company scope, downstream due diligence, and enforcement.
More than 100 large companies, SMEs and networks including Maersk, Aldi Süd Holding, Cisco, Nokia, H&M Group, Scania and Ritter Sport have united to endorse the Corporate Sustainability Due Diligence Directive (CSDDD) again at the stage of final formal confirmation.
