(b)

paragraph 3 is amended as follows: after the first subparagraph, the following subparagraphs are inserted: ‘For the purposes of the third, fourth and fifth subparagraphs the following definitions apply: Reporting undertakings may rely on a self-declaration from undertakings in their value chain to determine whether they are protected undertakings. Reporting undertakings shall not be required to take steps to verify the information contained in such a self-declaration. However, they shall not rely on the self-declaration where they know, or can reasonably be expected to know, that the declaration is manifestly incorrect. Protected undertakings shall have the right to decline to provide information exceeding the information specified in the voluntary standards in response to a request made for the purpose of sustainability reporting as required by this Directive. Furthermore: Nothing in the fourth subparagraph: For the first three years of being subject to sustainability reporting requirements in accordance with paragraph 1, and in the event that not all the necessary information regarding its value chain is available, the undertaking shall explain the efforts made to obtain the necessary information about its value chain, the reasons why not all of the necessary information could be obtained, and its plans to obtain the necessary information in the future. After that three-year transition period, the undertaking shall meet the reporting requirements for value chain information by using information directly obtained from undertakings in its value chain or estimates for that information, as appropriate.’; “reporting undertaking” means an undertaking required to report pursuant to paragraph 1 of this Article; “protected undertaking” means an undertaking which: does not exceed, on its balance sheet date, an average number of 1 000 employees during the preceding financial year; and is in the value chain of a reporting undertaking; “voluntary standards” means the standards for voluntary use as referred to in Article 29ca. when establishing contractual and other arrangements for the purpose of meeting the sustainability reporting requirements of this Directive, reporting undertakings shall not require protected undertakings to provide information exceeding the information specified in the voluntary standards; any contractual provision contrary to point (a) shall not be binding, without however affecting the binding nature of the remaining provisions of the contract; where a reporting undertaking requests information, directly or indirectly, from protected undertakings for the purpose of sustainability reporting as required by this Directive, and some or all of that information exceeds the information specified in the voluntary standards, that reporting undertaking shall ensure that protected undertakings are informed of the following: which information exceeds the information specified in the voluntary standards; and protected undertakings’ statutory right to decline to provide the information; reporting undertakings that report the necessary value chain information without reporting from protected undertakings any information that exceeds the information specified in the voluntary standards are deemed to have complied with the obligation to report value chain information set out in the first subparagraph. affects information requests for purposes other than the purpose of sustainability reporting as required by this Directive, including requests for the purpose of complying with Union requirements on undertakings to conduct a due diligence process; or imposes or implies any obligation on any undertaking in the value chain to provide sustainability information. the second subparagraph is deleted; the fourth subparagraph is replaced by the following: ‘When reporting the information referred to in paragraphs 1 and 2, undertakings may omit the following information: (*2) Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1, ELI: http://data.europa.eu/eli/dir/2016/943/oj)." (*3) Regulation (EU) 2023/2418 of the European Parliament and of the Council of 18 October 2023 on establishing an instrument for the reinforcement of the European defence industry through common procurement (EDIRPA) (OJ L, 2023/2418, 26.10.2023, ELI: http://data.europa.eu/eli/reg/2023/2418/oj).’;" in exceptional cases, information the disclosure of which would be seriously prejudicial to the commercial position of the undertaking, provided that the following conditions are met: such omission does not prevent a fair and balanced understanding of the undertaking’s development, performance and position, or of its principal risks or principal impacts; the undertaking has determined that it is impossible to disclose the information in a manner that would enable it to meet the objectives of the disclosure requirement without seriously prejudicing its commercial position, for example on an aggregated basis; the undertaking discloses the fact that it has used the exemption laid down in this subparagraph; and the undertaking reassesses at each reporting date whether the information may still be omitted; information corresponding to intellectual capital, intellectual property, know-how, technological information, or the results of innovation, which would qualify as a trade secret as defined in Article 2, point (1), of Directive (EU) 2016/943 of the European Parliament and of the Council (*2), provided that the following conditions are met: the undertaking discloses the fact that it has used the exemption laid down in this subparagraph; and the undertaking reassesses at each reporting date whether the information may still be omitted; classified information defined in Article 2, point (7), of Regulation (EU) 2023/2418 of the European Parliament and of the Council (*3), provided that the following conditions are met: the undertaking discloses the fact that it has used the exemption laid down in this subparagraph; and the undertaking reassesses at each reporting date whether the information may still be omitted; other information that is to be protected from unauthorised access or disclosure because of obligations laid down in other Union legal acts or national law, or in order to safeguard the privacy or security of a natural person or the security of a legal person, provided that the following conditions are met: the undertaking discloses the fact that it has used the exemption laid down in this subparagraph; and the undertaking reassesses at each reporting date whether the information may still be omitted.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-08 · Text as adopted (Official Journal); later amendments are not incorporated in this text.