When can CSDDD teams prioritise adverse impacts instead of addressing everything at once?
Article 9 applies after Article 8 identification and assessment. If it is not feasible to prevent, mitigate, bring to an end, or minimise all identified adverse impacts at the same time and to their full extent, the company must prioritise the impacts so it can fulfil the prevention and mitigation duties in Articles 10 and 11.
The priority order must be based on the severity and likelihood of the adverse impacts. After the most severe and most likely impacts have been addressed within a reasonable time, the company must move on to less severe and less likely impacts.
- Start from identified actual and potential adverse human rights and environmental impacts, not from supplier spend, contract value, media exposure, or convenience.
- Use prioritisation to sequence action when capacity, access, or timing prevents simultaneous full response.
- Record when each lower-priority impact will be revisited so prioritisation does not become permanent deferral.
Article 9 states when prioritisation is used and requires the order to be based on severity and likelihood.
The EUR-Lex summary describes the directive's requirement to identify impacts and prioritise addressing them based on severity and likelihood.