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Proposals remove obligation to enact emissions reduction
plans
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Companies say simpler rules needed to compete with US,
China
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Legal academics say plan may mean more companies are sued
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EU plan must be negotiated by EU countries and lawmakers
By Kate Abnett
BRUSSELS, May 9 (Reuters) - The European Union's plans
to cut back sustainability reporting rules could expose European
companies to more climate change-related lawsuits, 31 legal
scholars said in a letter published on Friday.
The European Commission in February proposed loosening
corporate sustainability rules for businesses in Europe,
responding to criticism that EU red tape hinders competitiveness
with rivals in China and the United States.
Among the changes, the EU would delete a requirement in its
due diligence law for large companies to put into effect a
"transition plan" to ensure they comply with the EU's targets to
cut greenhouse gas emissions. Companies would still need to have
such a plan, but would not be legally obliged to put it into
practice.
"Mere paperwork, instead of good faith action, would suffice
in meeting the obligation," the legal scholars said in the
letter.
"The absence of a binding regulatory framework will
correspond directly with increased liability risks for private
actors," they said, referring to potential court cases from
plaintiffs citing risks to the environment and public health.
The letter's 31 signatories included Thom Wetzer, Associate
Professor of Law and Finance at the University of Oxford,
Christina Eckes, Director of the University of Amsterdam's
Centre for European Law and Governance, and Wolf-Georg Ringe,
Director of the Institute of Law and Economics at the University
of Hamburg.
The academics cited said court cases highlighted the
climate-related legal risks businesses already face, citing
pending cases against companies including TotalEnergies and Eni,
from plaintiffs demanding the firms align their corporate
actions with climate goals.
A European Commission spokesperson declined to immediately
comment on the letter.
The Commission has previously said its proposals would make
life easier for businesses while keeping the EU on track for its
targets to cut CO2 emissions. The plan must be negotiated by the
European Parliament and member states - a process that can take
more than a year.
European businesses have long said strict regulations
hampered their ability to compete globally, with U.S. President
Donald Trump's aggressive deregulation drive increasing calls
for Brussels to act. Campaigners have criticised the EU plans to
soften sustainability rules as gutting corporate accountability.