GAIL Europe Regional Board Event

As part of London Climate Action Week, this webinar was for legal professionals dedicated to advancing supply chain and procurement sustainability. The GAIL Europe Board explored the latest tools and strategies for enhancing sustainability with a focus on implementing the Corporate Sustainability Due Diligence Directive (CSDDD). The expert panel covered model clauses, extraterritoriality applications, and other essential legal tools to effectively support supply chain sustainability initiatives.

Featuring;

Roberto Randazzo (Moderator) from Legance
Stéphane Brabant from Trinity International
Angelica Bonfanti from Università degli Studi di Milano
Achille Calio Marincola from Legance
Martijn Scheltema from Pels Rijcken and
Vinicius Diniz Vizzotto from ASML Foundation.

Watch to:
– Discover the latest strategies for supply chain sustainability
– Gain insights on implementing the CSDDD
– Learn about essential legal tools and their applications
– Engage with industry leaders and network with peers

Digest – GAIL Europe Event – Implementing CSDDD: Legal Tools for Sustainable Supply Chains

Overview

This webinar explored the complexities and implications of the new European ESG regulatory framework, focusing on the Corporate Sustainability Reporting Directive (CSRD) and the Corporate Sustainability Due Diligence Directive (CSDDD). These regulations set new standards for corporate responsibility, emphasising sustainability and human rights due diligence.

Key Insights

1. Introduction and Context

   – The CSRD and CSDDD represent a revolutionary shift in ESG regulations.

   – The French Duty of Vigilance law influenced the development of these EU directives.

2. Public and Private Enforcement

   – Public enforcement by supervisory authorities is crucial for the directives’ effectiveness.

   – Private enforcement, particularly civil liability, poses challenges due to jurisdictional issues.

3. Extraterrestrial Reach

   – Non-EU companies must appoint EU representatives for compliance.

   – Jurisdictional complexities may affect the enforcement of civil liability for non-EU companies.

4. Implementation Challenges

   – Companies face significant challenges in implementing these directives, particularly in assessing and addressing human rights and environmental issues in their supply chains.

   – Effective public supervision should focus on practical, impact-oriented measures rather than purely administrative tasks.

5. Disclosure Obligations

   – Companies must disclose violations found in their supply chains, balancing reputational risk and legal compliance.

   – There are legal implications related to continuing relationships with suppliers violating human rights, including potential criminal liabilities in some jurisdictions.

6. Role of Supervisory Authorities

   – In Italy, the CONSOB is expected to be the supervisory authority.

   – Authorities must develop expertise in human rights and environmental issues to effectively oversee compliance.

7. Global Implications

   – The EU directives are influencing global ESG standards, with similar laws emerging in other jurisdictions.

   – Companies with global operations need to prepare for increased scrutiny and regulation across all markets.

Conclusion

The new European ESG regulatory framework demands active engagement from businesses in sustainability and human rights practices. While challenging, it presents opportunities for companies to lead in ethical and sustainable business practices. The role of supervisory authorities and the global impact of these regulations were highlighted as critical factors in their successful implementation.

Final Thoughts

– Ongoing engagement and adaptation are essential for businesses to navigate these regulatory changes.

– Collaboration between public authorities, businesses, and other stakeholders is vital for effective implementation and enforcement.

We look forward to continuing these discussions and providing further insights in future GAIL webinars.

Thank you to all the speakers and participants for their valuable contributions.

Roberto Randazzo (Moderator)

Partner, Legance – Avvocati Associati

 

Roberto Randazzo is responsible for the ESG and Impact industry at Legance. With a background in commercial and corporate law, he has developed transversal expertise in sustainability, ESG criteria, impact finance, and social innovation, assisting investment funds, benefit corporations, B-Corps, and companies interested in generating positive and measurable impacts. For more than twenty years Roberto has also been involved in non-profit organisations, strategic philanthropy and social entrepreneurship, dealing with projects both nationally and internationally, with focus on emerging markets, and in particular those in Sub-Saharan Africa. He has always combined professional and academic activities, and is currently an Adjunct Professor at Tiresia – Politecnico di Milano and a member of the Extended faculty of MIP – Politecnico di Milano.

 

 

 

Roberto acted as president of esela – The legal network for social impact now transitioned to the Global Alliance of Impact Lawyers (GAIL), is Emeritus Director of GAIL and board member of GAIL Europe. Roberto is also Officer of the Business Human Rights Committee of the International Bar Association, Advisor of OECD, member of the Social Impact Agenda, the Italian NAB of the GSG. Roberto has been Honorary Consul of the Republic of Uganda in Milan and Northern Italy since 2012.

 

Prof. Angelica Bonfanti

Professoressa Associata, University of Milan

Angelica Bonfanti (Ph.D.) is Associate Professor in International Law at the Law Faculty of the University of Milan, where she teaches the courses International Law, EU Law on Business and Human Rights and Cultural Diversity and Human Rights Law (Jean Monnet Module).

She is co-director of the Business and Human Summer School, a member of the Human Rights Commission of the Milan Bar Council, a member of the European Working Group on Model Clauses for Business and Human Rights, and a component of the Scientific Committee of the Legal School of the Mantua Bar Council.

She coordinates the Jean Monnet Module, co-funded by the European Union, Cultural Diversity and Human Rights Law (CultHUm, 2022-2025), and the research unit of the University of Milan in the research projects Arms, Peace and Sustainability (ArPeSu – PRIN 2022 PNRR) and Global value chains, human rights and the law. The Italian, European and international path towards accountability (PRIN 2022).

Her research activity chiefly focuses on business and human rights, cultural diversity, public and private international law, cyber law, and international trade and investment law. She has been the Head of Studies of the Master program in Sustainable Development in the Law Faculty of the University of Milan (2015/2021) and a member of the Coordinating Committee of the Interest Group on International Business and Human Rights of the European Society of International Law (2018/2021).

Angelica is the author of the book Imprese multinazionali, diritti umani e ambiente. Profili di diritto internazionale pubblico e privato (Giuffrè, 2012) and of many articles published in peer-reviewed legal journals and collected volumes, as well as the editor of the volume Business and Human Rights in Europe: International Law Challenges (Routledge 2019) and co-editor of the book Natural resources grabbing. An international law perspective (Brill, 2015).

Her profile can be browsed at: https://www.unimi.it/en/ugov/person/angelica-bonfanti

Stephane Brabant

Senior Partner, Trinity International AARPI (Trinity Paris)

Achille Caliò Marincola

Senior Counsel, Legance

Martijn Scheltema

Partner, Pels Rijcken

Vinicius Diniz Vizzotto

Senior ESG counsel, ASML