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New due-diligence rules for Caribbean companies - Trinidad and Tobago Newsday

Caribbean company executives now have more guidelines to achieve responsible business practices, with the adoption of the Corporate Sustainability Due Diligence Directive (CSDDD) by the European Union (EU) Council last week.

This directive signifies a landmark shift in corporate responsibility and sustainability. This decision underscored the EU's commitment to sustainable and responsible business practices across its member states and beyond.

It signifies the culmination of negotiations and the start of a new era when businesses operating in the EU market, including those from the Caribbean, must embed human-rights and environmental considerations into their operational and decision-making processes.

This matters significantly, as it sets a definitive timeline for the transposition and application of the directive, affecting companies directly and indirectly associated with the EU market.

CSDDD controversies, discussions

The introduction of the CSDDD ignited a multifaceted debate, touching on its scope, implications and operational feasibility.

Critics argue that while the directive introduces necessary frameworks for sustainability and human rights, its eventual, diluted form – a compromise resulting from intense negotiations – falls short of the transformative change needed to address global challenges. Originally intended to cover a broader range of companies, the directive’s reach was reduced to encompass firms with more than 1,000 employees and €450 million turnover.

This revision has sparked concern among environmentalists and human rights advocates, who argue that such adjustments significantly narrow the directive's impact, leaving a vast number of smaller companies, which collectively have substantial environmental and social footprints, without stringent oversight.

Furthermore, the phased implementation timeline, extending up to five years for certain companies, is seen by some stakeholders as a delay in addressing urgent sustainability and ethical issues.

Critics argue that given the pressing nature of global challenges like climate change and human-rights abuses, more immediate action is needed. They contend that the gradual approach might provide companies ample time to adjust, but it also prolongs the period during which unsustainable and unethical practices may continue unabated.

On the other hand, there's a chorus from certain segments of the business community arguing that the CSDDD imposes excessive regulatory burdens, particularly on SMEs, potentially stifling innovation and competitiveness.

Moreover, the international dimension of the CSDDD’s applicability has sparked a global discourse on extraterritoriality and sovereignty, with some countries outside the EU expressing concerns over the directive's global reach and its implications for international trade and co-operation.

This underscores the complexities and nuances involved in regulating corporate behaviour across diverse legal and cultural landscapes, further fuelling the debate on the directive’s scope and effe

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