‘omnibus’ - political groups forming ‘von der Leyen’ majority in European Parliament have one week to find a compromise on ‘CSDDD’ Directive

Negotiations are continuing in the European Parliament on the ‘omnibus 1’ package, which simplifies the European Directives governing corporate sustainability (‘CSRD’) and due diligence (‘CSDDD’), ahead of a vote at the plenary session on 13 November. The political groups making up the ‘von der Leyen’ majority - EPP, S&D, Renew Europe, Greens/EFA - will be back around the table in the next few days to try one last time to obtain a joint text.

However, the EPP is adamant on the issue of corporate liability, two sources have informed us. This is the subject that poses the most problems for the centre-left groups.

At a press conference on Wednesday 22 October, the rapporteur on the legislative text, Jörgen Warborn (EPP, Swedish), felt that his group had already taken a step towards the other centrist groups, and passed the buck to the S&D. The Social Democrats had initially accepted the compromise proposed by Jörgen Warborn, but several of the group’s MEPs ultimately voted against it in plenary (see EUROPE 13736/9).

For its part, the Greens/EFA Group wants to try to convince the rapporteur and has submitted alternative proposals to the pure civil liability enshrined in the ‘CSDDD’ Directive. It proposes, for example, to keep responsibility at European level, but to defer its effect for two years.

A second option removes harmonised civil liability at European level, as called for by groups on the right of the political spectrum, but requires Member States with a due diligence regime to give precedence to their law over that of a third country in the event of an international dispute.

Finally, the Greens/EFA leave the door open to an even more flexible option: an EU Member State’s legal framework for due diligence would no longer prevail in an international dispute, but would have to be considered crucial. 

If a solution involving the ‘von der Leyen’ majority is to be found on this point, it should be before the middle of next week, in order to finalise the compromise amendments in time for the vote. (Original version in French by Léa Marchal)