Corporate Accountability

Lithium mining poses numerous environmental and human rights risks. As part of the Sector Dialogue Automotive Industry, Germanwatch therefore collaborated with stakeholders from industry and politics in the development of “cross-country recommendations for responsible lithium mining and recommended actions” in the “Lithium Project Group”. The paper identifies four risk areas and makes recommendations on how they can be addressed by the companies in the supply chain that mine and purchase lithium. Germanwatch supports the recommendations. However, we do see some key gaps in achieving a globally sustainable and equitable economy within planetary boundaries.

Design plays a crucial role in determining the circularity of a product, including factors such as repairability, recyclability, or the potential for refurbishment and remanufacturing. The Ecodesign for Sustainable Product Regulation (ESPR) establishes a new framework for setting ecodesign requirements for products and is therefore crucial to enable a circular economy. At present, the EU Commission, the Council and the European Parliament are negotiating the ESPR in the so-called trilogue. In this policy brief, we highlight five key issues that need to be considered to make the final version of the Regulation as effective as possible and to promote more durable and circular products.

Fatal accidents, environmental disasters, and serious human rights abuses have occurred repeatedly in the global value chains of many companies. It is therefore imperative to ensure that those affected have the means to seek redress, thereby mitigating the risks associated with human rights violations and environmental degradation. One potential avenue for remedy is through non-state-based operational grievance mechanisms, which can exist either at the corporate level or as independent entities. This policy brief examines the role of operational grievance mechanisms in the ongoing negotiations of the EU Corporate Sustainability Due Diligence Directive (CSDDD).

In our new policy brief, we analyse along with Climate & Company and Rechtsanwälte Günther why sustainability due diligence obligations for financial institutions are key to achieving the EU's climate goals. As an example for this tool, we draw on due diligence obligations for financial institutions to avoid financing projects that cause deforestation. In addition, the policy brief presents specific recommendations for regulating financial actors through the EU Corporate Sustainability Due Diligence Directive (CSDDD).

The legal report points to existing corporate CO2 reduction obligations that are currently not sufficiently taken into account by many companies. It concludes that the increasing density of corporate reporting obligations in the area of so-called ESG risks (Environment, Social, Governance) already results in implicit climate-related duties of conduct for companies, which require preventive and science-based decision-making, including at management level. The report was commissioned by the Dorothea-Laura-Janina Sick Environmental Foundation, Germanwatch, and Protect the Planet, and is based on an analysis of legal developments in the areas of corporate law, directors’ duties, sustainability due diligence duties, as well as tort law.

The Digital Product Passport (DPP) is comparable to a comprehensive digital index card or a “digital CV” that the EU seeks to introduce for a wide range of products. It is intended to provide information needed, for example, for more efficient repair and recycling of products. We believe that the DPP has a significant potential to pave the way towards a more circular economy as it can address the information deficit along a circular value chain that often impeded circularity.

The debate on downstream due diligence has never been more topical: The EU currently discusses the Corporate Sustainability Due Diligence Directive. However, both the Council and various parliamentary groups want to limit the scope of the value chain to which environmental and human rights due diligence obligations should apply. Among other things, the downstream value chain would then be (largely) exempted from corporate due diligence obligations. In this short policy brief, published along with Initiative Lieferkettengesetz, SOMO, SwedWatch, and the Heinrich-Böll-Stiftung we demonstrate why downstream due diligence is necessary and how it can be implemented. We also provide key recommendations for the Corporate Sustainability Due Diligence Directive.

European mining equipment manufacturers are cooperating with and supplying mining projects that are known for human rights abuses and environmental destruction. The lack of legislation requiring companies to address severe human rights and environmental risks in their downstream value chain makes this possible. This study highlights the need for downstream due diligence obligations in the mining equipment sector.

This case study of the Andina copper mine in Chile shows how European mining equipment manufacturers maintain close business relationships with the mine, despite the mining activities damaging the surrounding glaciers, massively increasing the water scarcity in the region and local protests against the expansion of the mine. We provide an example of how downstream due diligence obligations of European companies could have been exercised in this case. This is particularly relevant in this sector, where the business relationships between mining equipment manufacturers and their customers involve significant human rights and environmental risks.

In our new briefing, Germanwatch and the sustainable finance think tank Climate & Company analyse the expected reporting and due diligence obligations in the financial sector across a number of key EU regulatory measures on sustainability. In particular, the briefing focuses on potential obligations resulting from the respective regulatory measures that may help to identify and minimise the risk of deforestation.