Environmental Due Diligence in Global Value Chains: a study to inform interpretation of key terms within a cross-sectoral EU directive

Commissioned by Amnesty International, the European Coalition for Corporate Justice (ECCJ), Fern, Forest Peoples Programme, Friends of the Earth Europe and Global Witness, this study seeks to inform development of a proposed mandatory cross sectoral due diligence duty in global value chains under European Union (EU) law.

The study considers how terms central to an environmental due diligence duty could be defined, providing a series of definitions to generate focused debate and discussion amongst stakeholders, legislators, and policymakers.

It informs understanding of the material scope of such a duty in two primary ways:

Through defining ‘adverse environmental impacts’ (including harmful climate change impacts, deforestation impacts and forest and ecosystem degradation) for the purposes of the law’s due diligence (i.e. risk identification and management) obligations, and the types of remediation obligations that should apply to environmental impacts.

Through defining ‘environmental damage’ and ‘environmental crime’ for the purposes of establishing a liability regime.