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24 Jan 2022

Lara Wolters, Heidi Hautala, Manon Aubry & Pascal Durand, European Parliament Working Group on Responsible Business Conduct

MEPs receive partial disclosure from EU Regulatory Scrutiny Board in response to request following delay to Sustainable Corporate Governance initiative

"MEPs Wolters, Hautala, Aubry and Durand: “The Regulatory Scrutiny Board still has questions to answer on due diligence delay", 21 Jan 2022

MEPs have received a partial disclosure from the Regulatory Scrutiny Board, in reply to an Access to Documents request, which was made following three successive delays to the Commission proposal on Sustainable Corporate Governance, including two negative opinions of the RSB.

The request, made on the 15th December 2021, asked for all correspondence and (e)meetings with stakeholders and members of the RSB, related to the proposal, as well as the RSB opinion and the Commission Impact Assessment.

The disclosed documents reveal that the Board was subject to persistent and seemingly coordinated lobbying, making spurious claims that elements of the Commission’s Impact Assessment went against principles of proportionality.

Regretfully, the Board declined to disclose their opinion on the Impact Assessment, leaving us in the dark about the exact reasons they gave a negative opinion, and how these correlate with the lobbying campaign. It is also unclear as to whether all relevant documents and correspondence have been disclosed, with the Commission citing privacy concerns regarding a partial disclosure.  

MEPs Wolters, Hautala, Aubry and Durand are now carefully examining the disclosed documents, in order to ascertain whether a confirmatory application or other clarifications are needed. For instance, the RSB’s own public transparency register appears to declare a meeting on the Sustainable Corporate Governance proposal, yet no details of meetings were included in this disclosure...