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The European Commission’s forthcoming guidance on the Corporate Sustainability Due Diligence Directive (CS3D) should:

• allow companies to voluntarily prioritise chains of activities with a meaningful connection, which should be further defined in the guidance, to the EU or based on a global risk-based approach in cases where companies have global integrated supply chains;

• recognise that companies may face conflicting or overlapping legal requirements between EU and third-country legislation, particularly in relation to information gathering, audits, data transfers, supplier disengagement and cooperation with authorities;

• clarify how companies should document and manage circumstances in which third-country law restricts or prevents a due diligence measure;

• recognise interactions with competent local authorities, regulatory inspections, permits, licences and other official approvals as potentially relevant sources of due diligence information; and

• protect companies from liability where they have followed a reasonable, documented and good-faith process, including where another stakeholder might have prioritised risks or selected due diligence measures differently.

• If these measures are included in the guidance, they would help the CS3D deliver meaningful and effective due diligence, rather than an exhaustive mapping of every global business relationship. Flexibility, proportionality and legal certainty can help companies progressively develop credible global systems while directing resources towards the most significant risks and the areas where they have the greatest ability to achieve positive outcomes.

Learn more in our contribution and paper.

The Carbon Border Adjustment Mechanism (CBAM) will test whether the EU can address carbon leakage while keeping investment in Europe. As implementation of the CBAM advances, companies face costs and reporting duties under rules that are still taking shape. Preventing carbon leakage matters. However, the CBAM should work in practice before scope extension is considered. Moving too soon could place burdens on companies and disrupt value chains, with consequences for investment and trade. The focus should be on avoiding measures that introduce further uncertainty and extending proposed safeguards in the Temporary Decarbonisation Fund beyond 2027. Learn how to shape the CBAM so it prevents carbon leakage while maintaining competitiveness. 

Europe’s clean industrial transition will depend on policies that can unlock investment, strengthen energy systems and support sustainable transport. From Tuesday, 16 to Wednesday, 17 June, AmCham EU travelled to the European Parliament in Strasbourg, France for a series of meetings on EU transport, energy and climate policy developments. The delegation engaged with Members of the European Parliament and political group advisers to share business perspectives on Europe’s clean industrial transition. Discussions focused on the Industrial Accelerator Act, the revision of the EU Emissions Trading System, the Carbon Border Adjustment Mechanism, the Grids Package and energy security. Members highlighted the need for predictable, technology-neutral rules that support investment, strengthen Europe’s industrial base and preserve openness to trusted partners.