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© Initiative Supply Chain Act

Assessment of the Supply Chain Act initiative on the agreement on the EU Supply Chain Act of 15. December 2023

It is a milestone in protecting people and the environment in global supply chains: In a 16-hour marathon meeting yesterday, the EU Commission, Council and Parliament agreed on the EU Supply Chain Act. But what exactly will change with it? We took a closer look at the compromise.

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At the beginning of the week, Robert Habeck, Federal Minister of Economics, announced that he would suspend the reporting obligation for companies. In doing so, he wants to relieve the burden on companies, which are then only to report on compliance with their due diligence obligations in accordance with European directives. Many business-oriented media and trade associations welcome this step, which Habeck says should be implemented as soon as possible. However, it is ignored that this exposes an essential pillar of the German Supply Chain Act for the observance of human rights and the protection of the environment.

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Motto of the campaign: For a supply chain law because it puts an end to profits without conscience

© Initiative Supply Chain Act

During these weeks, the details of the EU Supply Chain Act will be negotiated. At the same time, the catastrophic impact of the global climate crisis on people and the environment is unmistakable: This is mainly due to the textile industry, which is one of the largest greenhouse gas producers. The use of chemicals puts people and natural resources at risk. There is no question: Climate action cannot wait – and the EU Supply Chain Act can contribute to this.

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Logo Justice is everyone's business

© Justice is Everybody’s Business

Together with the Supply Chain Act initiative, numerous organisations and civil society, we have been working for a long time to protect human rights, the climate and the environment in supply chains. On 1 June, MEPs in the European Parliament will be able to vote on their position on the EU Supply Chain Act. Together we want to make it clear to them once again: It is important to vote for the European Supply Chain Act now!

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In the run-up to International Women's Day, more than 140 organisations, including FEMNET, are addressing the EU Commission, members of parliament and the EU Council in an open letter. They call for gender equality to be taken into account in the Directives on Corporate Sustainability Due Diligence (CSDDD) published by the EU Commission. In view of the upcoming trilogue negotiations between the EU Commission, Parliament and Council on an EU supply chain law, it is crucial to make the directives effective and gender-responsive.

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Although the German government has advocated an effective EU supply chain law in the coalition agreement, German MEPs - in particular the European People's Party (EPP) - are actively trying to make the future EU law ineffective. Together with an alliance of 130 development, environmental, human rights and trade unions, FEMNET advocates an effective EU supply chain law and addresses the MEP, Axel Voss, with an open letter.

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Bonn. On 1 January 2023, the Supply Chain Due Diligence Act (LkSG) entered into force in Germany. From the point of view of NGOs, it is a good start, but we are not yet at the finish line. At EU level, the Commission’s proposal for an EU due diligence law has been in place since February 2022 and at the beginning of December 2022, EU Member States agreed on their provisional position in the Council. The Committee on Legal Affairs is currently preparing the position of the European Parliament. Time and again, the question arises as to whether multi-stakeholder initiatives (MSIs) and certifications should play a role as proof of compliance with companies' human rights and environmental due diligence obligations, and if so, which ones? For some, membership in an MSI or submission of a certification should already be proof that the company complies with its due diligence obligations. Others hope that by joining MSI or using recognized certifications, companies can no longer be held liable for slight negligence.

All these discussed roles for MSI and certifications consider the NGOs signing here to be dangerous loopholes to the detriment of people and the environment, which must be prevented. This short paper puts together the main arguments against these loopholes (safe harbour).

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The report of the ARD magazine Monitor clearly shows how behind the scenes economic and political actors are influencing and trying to dilute the proposal for an EU supply chain law. A loophole for businesses. Because if they join certain industry initiatives, such as the Textile Alliance, or use state-approved certifications of due diligence, they should only be liable for damages that they have committed intentionally or grossly negligently.

"Such a dilution of the EU draft would render the law toothless and must under no circumstances exist", says Gisela Burckhardt, CEO of FEMNET. The Supply Chain Act initiative, in which FEMNET is a member together with 130 NGOs, comments on the report of the ARD policy magazine and the Federal Government's attempt to influence the EU Supply Chain Act.

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As the supporting organisation of the Supply Chain Act initiative, FEMNET joins the call Justice is Everybody’s Business to. The campaign is supported by numerous civil society and trade union organisations from across Europe and beyond. It is committed to using laws to hold companies to account that violate workers' rights and destroy the livelihoods of communities.

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With more than 220 civil society networks, individual organisations and trade unions from all over the world, we are addressing the European Parliament and the EU Member States today with a joint statement. Whether from India, Brazil, USA, China or Bangladesh, all drawing organizations have one thing in common: They are calling for a strong EU supply chain law. Only a strong EU supply chain law can effectively improve the conditions for people, the environment and the climate along global value chains!

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