Making human rights due diligence a legal requirement for companies including systems to identify, assess, mitigate or manage human rights risks and impacts to improve that process over time and to disclose the risks and impacts, the steps taken and the results.
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The entity calls for shifting from a 'patronizing, compliance-heavy model' to an 'incentive-driven' approach.
The entity states that, ‘All together, we support EU’s ambitious sustainability goals. But the current regulatory approach often prioritizes compliance over competitiveness. From a patronizing, compliance-heavy model we are eager to collaborate to shift this model into an incentive driven approach that enables businesses to lead on sustainability by acting responsibly, and creating value. The … Omnibus Simplification Package present an opportunity to align present and future sustainability policies and regulations with business realities. To maximize impact, we call on EU institutions to … Streamline regulations and improve coherence to reduce complexity and free up resources for innovation. Ensure global alignment to prevent competitive disadvantages for European companies’. In relation to transforming regulation it states that ‘Current EU sustainability regulations burden businesses with excessive complexity’. The solution proposed, ‘Shift to an Incentive-Based Model the EU must recognize that sustainability drives competitiveness’. Propositions include fiscal incentives for early adopters of sustainability practices and simplified regulatory frameworks.
Enabling judicial enforcement with liability and compensation in case of harm caused by not fulfilling the due diligence obligations.
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The entity calls for not removing EU-wide civil liability.
It makes the following recommendation: 'Ensure consistent application across the EU (e.g. the removal of EU-wide civil liability could distort competition within the internal market)'.
Require companies to implement a due diligence process covering their value chain to identify, prevent, mitigate and remediate human rights impacts and improve that practice over time.
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The entity calls for adopting a step-by-step, risk-based approach, starting with tier 1 and gradually expanding.
The statement makes the following recommendations: ‘Provide a clear definition of Tier 1 reflecting sector-specific business models; Adopt a step-by-step, risk-based approach—starting with Tier 1 and gradually expanding— to offer more practical and enforceable solutions … Clarify the scope and exceptions that apply to different business models’. It does not refer to remedy, downstream chain nor improvement over time.
| Legislation | Phase of Active Company Engagement | Position |
|---|
| Trade Association | Performance band |
|---|---|
| MVO Nederland | A- |
| CSR Europe | C+ |
| Responsible Business Alliance (RBA) | C+ |
| CLEPA | E+ |
| Japan Business Council in Europe | E- |
| Confederation of Danish Industry | F |
| Fédération Bancaire Française | F |