Sustainable business improvement requires a balanced and coordinated approach from the government. Is the Polish administration ready for this?

Together with 35 business and non-governmental organisations, we signed a call for the Polish government to coordinate actions in the area of sustainable development, including the creation of an integrated support and supervision strategy in this area. What does this mean in practice?

In a letter addressed on 28 August to the Prime Minister, Donald Tusk, as signatories, we emphasise the urgent request to take action to guarantee a coordinated and internally coherent transposition of the increasing number of EU regulations on sustainable improvement into the Polish legal order and the appointment or designation of an entity capable of ensuring effective implementation of the fresh rules in practice. A recently created or isolated entity, with its expertise gathered in 1 place, would be tasked with supporting and supervising companies in the field of sustainable development.

ENTREPRENEUR IN THE warrant OF LEGAL RULES

In fresh years, a number of essential regulations have been introduced at EU level in the area of sustainable development. The provisions of at least five* regulations and directives, including 2 key ones, of the Sustainable improvement Reporting Directive (CSRD) and of the Sustainable improvement due diligence Directive (CSDD), will already apply or shortly apply. Although they are needed, the amount and item of the regulations can give a headache to those dealing with sustainable improvement companies.

The existence of parallel and partially overlapping legal regimes poses a real challenge for businesses. It would be even more hard to dispel supervision of these responsibilities between different authorities. This poses a hazard of parallel proceedings in the same case, divergent interpretations of legal obligations and global standards, as well as a deficiency of common voice in different forums. Furthermore, fragmentation of competences will be economically inefficient and can slow down the process of acquiring cognition among those working in the administration, limiting the anticipation of support for businesses.

PROPOSED SOLUTION

Signatories of the letter propose the creation or designation of 1 institution liable for supporting Polish companies in their responsibilities in the field of sustainable development. In the opinion of the signed entities, it is besides worth that the institution should be supervised by large reporting
In view of the limited competence of the NFCs, it is not applicable to the interests of the participants in the stock exchange.

The remit of the requested institution should besides include coordination of sustainable improvement activities at central government level, cooperation with ministries and another public administrations and EU bodies active in the improvement or explanation of legislation, akin bodies from associate States and NGOs and transnational organisations active in the field of sustainable development.
In order to play its function effectively, this institution would be supported by a consultative body, which would include representatives/representatives of business, trade unions, NGOs active in the field of sustainable improvement and the academic world. The tasks of the proposed advisory body include: advising, consulting and providing competence support for sustainable development.

BENEFITS FOR ALL

Among the benefits of specified a solution, signatories of the letter mention, among others: minimising legal risk, optimising efforts through an integrated strategy of support and supervision, easier carrying out information and educational activities and, as a result, improving the competitiveness of Polish companies.

"The creation of new, more up-to-date government does not always lead to a simpler, more friendly legislative system. At least not right away." "This is why it is so crucial to usage available cooperation mechanisms and best practices at national level, so that the implementation of the legal obligation, its compliance or its supervision do not become a liability for both administrations and stakeholders. The PIHRB has long been active in activities aimed at effective compliance with human rights and environmental protection by business. We realize well the challenges facing the planet present and, at the same time, we are aware of the needs, opportunities and limitations of each side by participating in discussions of representatives of all 3 sectors and by supporting different actors in the applicable implementation of due diligence in the area of human rights. We are so of the opinion that the solution proposed by us will not only improve the process of transposing fresh EU regulations into the Polish legal order, but will importantly optimize the implementation of fresh requirements by companies, including by providing effective and comprehensive support and guidance by the public administration."

– says Beata Farakik, president of PIHRB.

Organisations are calling for a circular table, comprising representatives/representatives of stakeholders, to be organised as shortly as possible to discuss the details of the proposal in writing and to launch a broad consultation on the best solution in terms of support and supervision of companies in the area of sustainable development.

The appeal was prepared by a squad of the Polish Institute of Human Rights and Business.