The European Parliament’s position on the simplification of the CSRD and CSDDD directives on sustainability and corporate due diligence (‘omnibus I’) could well be that of the right and the far right. The political groups known as ‘von der Leyen majority’ groups – EPP, S&D, Renew Europe, Greens/EFA – have still not agreed on a joint package of amendments. The negotiators from these groups have until Wednesday 8 October to find a compromise that can be put to the vote in the Committee on Legal Affairs (JURI) on Monday 13 October.
One point of divergence persists between these four groups: civil liability in the directive on corporate due diligence.
For S&D, Renew Europe and the Greens/EFA, civil liability must be included in the directive so that, at the very least, victims of abuse can have effective recourse to national courts to seek redress. But the EPP wants to remove the references to access to justice altogether. If the groups do not change their position on this issue, civil liability could be the element that brings down the ‘von der Leyen majority’.
These groups are prepared to compromise on the other major issues in the text, namely the scope and the inclusion of mandatory climate transition plans in the CSDDD.
Regarding the scope of application, agreement could be reached on the same thresholds as those adopted by the EU Council in June (see EUROPE 13665/25). The Greens/EFA, Renew Europe and S&D are still hoping to persuade the EPP to lower the turnover threshold for the CSDDD from €1.5 billion to €750 million.
Lastly, according to several sources, the EPP could accept the introduction of a mandatory, rather than voluntary, transition plan for companies subject to the CSDDD.
However, the EPP is reportedly less and less inclined to discuss the issue of civil liability, so the group could withdraw from the central platform and vote for massive deregulation alongside the far-right groups. (Original version in French by Léa Marchal)