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The Corporate Sustainability Due Diligence Directive (“CS3D”) was provisionally agreed at a political level in December 2023, and confirmed by COREPER in a revised version in March 2024. Once formally approved, this new law will have significant impacts on many EU companies and non-EU companies active in the EU, as well as on their value chains throughout the world. In this first installment of our new “CS3D Explainer Series”, we answer the following four key questions: “Which companies are covered?,” “What will be their new obligations?,” “Why should they comply?” and “When will this start to apply?”

On 24 March 2024, Law No. 31992, Law for the Promotion of Green Hydrogen (“Law”) came into force.
The Law promotes the use of green hydrogen, produced with low greenhouse gas emission technologies, as a fuel and energy vector. It declares these activities to be of national interest. Regulations for the Law’s application will be published within 180 days from its entry into force.

A dismissal will be automatically unfair if the sole or principal reason for dismissal is that the employee took or sought to take parental leave. In Hilton Foods Solutions v. Wright, the EAT has decided that this protection does not require the employee to have made a formal request. Communications about taking parental leave might reach a stage that could be described as having sought to take the leave. This will be a question of fact for employment tribunals.

On 15 March 2024 a new compromise proposal of the Corporate Sustainability Due Diligence Directive (CSDDD) was agreed upon by the EU Member States. The CSDDD sets out human rights and environmental due diligence obligations for companies within and also outside of the EU. Some key regulations have been eased in order to reach an agreement and pave the way for passing the law. As a next step the European Parliament has to adopt the Directive before the Member States will have to transpose the Directive into national law.

The Parker Review Committee has published its latest report on ethnic minority representation at board level and within senior management at FTSE350 companies, and the 50 largest private companies in the UK. Ethnic minority directors currently represent 19% of FTSE 100 directors, 13.5% of FTSE 250 directors and 11% of relevant private company directors.

On 8 December 2023, the Federal Ministry for Economic Affairs and Climate Action (BMWK) presented its energy storage strategy. The strategy paper provides an overview of the measures and challenges involved in establishing energy storage systems. The energy storage strategy aims to promote the expansion and integration of energy storage systems and thus support the energy transition.

The Department of Climate Change and Environment under the Ministry of Natural Resources and Environment is pushing ahead with the second draft of the Climate Change Bill (“Bill”), which is currently undergoing the process of public hearing until mid-April 2024. It is expected that the Bill will be considered by the cabinet for approval in principle in June 2024.
The Bill lays out Thailand’s action plan for climate actions and, importantly, imposes obligations and penalties for the private sector for the purposes of advancing climate mitigation and adaptation efforts. Some of the key elements of the Bill are summarized in this article.

On 5 February 2024, Federal Chancellor Olaf Scholz, Economy Minister Robert Habeck and Finance Minister Christian Lindner agreed on the key elements of a new power plant strategy (Kraftwerksstrategie). While the political agreement must still be followed by a specific legislative proposal, details of the power plant strategy became available through a press release from Germany’s Federal Ministry for Economic Affairs and Climate Action (BMWK).