On Wednesday 28 February, the Belgian Presidency of the EU Council failed to secure a qualified majority for the provisional agreement on the ‘CSDDD’ Directive, which imposes due diligence obligations on companies. For the second time, it proposed that the text be put to the vote in the Committee of Permanent Representatives of the Member States to the EU (‘Coreper’). “Despite the efforts of the Presidency, the necessary support was not found”, said the Belgian Presidency.
Several member countries indicated that they intended to abstain in the vote at the meeting. According to a European diplomat, they cited legal uncertainty, the administrative burden and the fear of being at a disadvantage on the world stage as obstacles to their approval.
Possible solutions were then suggested to amend the text so that it could be approved. The question of which companies are covered by the directive was raised by several Member States, including France, according to several sources.
“Today’s rejection is purely ideological and demonstrates the Member States’ desire to play political games before the elections”, criticised the European Parliament’s rapporteur for the text, Lara Wolters (S&D, Dutch), describing the behaviour of the 27 Member States as “irresponsible”.
As for further work, the Belgian Presidency is indicating that it intends to hold discussions with the EU27 to try to “address their concerns”, while consulting the European Parliament.
According to a European diplomat, some MEPs are also interested in discussing the text of the provisional agreement.
For Lara Wolters, on the other hand, it is first and foremost up to the Council to clarify its position.
Many organisations reacted to the Council’s rejection of the text and regretted the signal it sent. (Original version in French by Léa Marchal)