The original draft of the CSDDD has been heavily watered down. What are the key differences between this new EU directive and the German Supply Chain Act?
Fundamentally, the threshold for companies affected by the EU directive has now been raised considerably – from 500 to 1,000 employees, with a five-year phase-in period. Its provisions will only apply to companies with over 5,000 employees after three years and extend to companies with 3,000 and 1,000 employees after four and five years respectively. This means that more companies in Germany will be affected by the German Supply Chain Act in the coming years than by the EU legislation. As in the draft version of the EU directive, the issue of liability remains a significant difference from the German legislation. Under German law, companies cannot be held liable for breaches of their due diligence obligations – whereas under the current version of the EU directive, they can.
What exactly do companies need to do to comply with new EU directives on supply chains?
Companies are now required to conduct a comprehensive analysis in order to identify all the negative impacts of their activities on the environment and human rights throughout the entire value chain. Aspects such as child labor, environmental pollution, slavery and biodiversity loss play a decisive role in this analysis. After identifying these impacts, companies must take practical steps to prevent or minimize them. The focus is on assessing potential influences followed by targeted measures to prevent, mitigate and discontinue the identified impacts. The requirements set out in the EU CSDDD exceed those in the German Supply Chain Act, in particular in relation to environmental protection.
Will companies be held liable immediately if infringements are identified in their supply chains?
Legal liability for infringements in supply chains does not apply right away. As a general rule, companies are initially required to assess the severity and likelihood of a potential risk – starting by analyzing producer countries – to identify potential problems.
If an infringement occurs, the focus is not on immediately terminating supplier relationships but rather on developing solutions, such as training programs, joint actions or intensified cooperation. They can provide assurances, for example, that tie order volumes to the implementation of specific measures. The aim is to positively shape cooperation between companies.
What is the deadline for companies to meet the new requirements?
The legislation doesn’t set out specific deadlines for implementing measures and instead requires them to make reasonable efforts. Companies must actively strive to cooperate with their suppliers and put effective measures in place. These efforts must be substantive and documented. In extreme cases, if companies and their suppliers fail to collaborate, they may be encouraged or required to terminate the business relationship.