ACM: 'Companies can work together to meet sustainable goals'

ACM: 'Companies can work together to achieve sustainable goals'

Companies can work together to achieve sustainable goals. That is the essence of the new policy rule "ACM Supervision of Sustainability Agreements" of the Authority Consumer & Market (ACM). The ACM wants competition rules not to unnecessarily hinder agreements that contribute to a more sustainable society. The policy rule is in line with amended European rules and replaces an earlier draft guidance document of the ACM on sustainability agreements between companies.

This article previously appeared at: www.duurzaam-ondernemen.nl. Image: stock photo.

Martijn Snoep, ACM board chairman: "We see that many companies are adapting their operations to meet sustainable goals. We applaud that. Companies can also work together to achieve these goals without violating competition rules. The European Commission has indicated the same in new guidelines. Because many collaborations can affect trade in the EU, we are now following the line of the European Commission and have drawn up the new policy rule on that basis. The new rules indicate what leeway companies have, but also set clear conditions to avoid 'greenwashing' and to ensure that society as a whole benefits from the cooperation."

The policy rule follows the approach to sustainability agreements described by the European Commission in its Guidelines on Horizontal Agreements. The policy rule also states that the ACM will not intervene in two additional situations if all conditions are met. This gives companies more opportunities to make agreements. In summary, these are the following situations:

1. Companies making agreements on compliance with a binding national or European sustainability rule that is not (or cannot be) fully implemented or enforced - for example, in the area of waste recycling; and
2. Companies agreeing to efficiently achieve environmental goals, such as reduction of CO2 emissions, if consumers receive a noticeable and objective share of the benefits.

Businesses in these two cases need not fear a fine if the conditions are met.

Companies with questions about sustainability agreements can ask the ACM. The policy rule describes how to contact the ACM, how the ACM makes informal assessments and what companies must provide to do so. It also (further) describes the circumstances under which the ACM will not impose a fine.

What is a policy rule?

The ACM has the authority to establish policy rules under the General Administrative Law Act. In a policy rule, the ACM indicates how it will exercise a particular power. In a policy rule, for example, the ACM can explain how it handles its power to impose or not impose a fine in a particular situation. In the policy rule Supervision ACM on sustainability agreements, the ACM explains which choices it makes specifically for sustainability agreements. This makes it predictable for market parties how the ACM will act in that situation. A guideline is a different kind of document, namely in it the ACM explains how it interprets a statutory provision.

ACM and sustainability

The ACM makes markets work for people and businesses, now and in the future. Sustainable products and consumption are an important part on the way to a sustainable society. The ACM wants to create the right conditions to promote sustainability. The ACM removes obstacles and gives space where it can. This applies not only to making sustainability agreements between companies. The ACM also takes action against companies if they put misleading sustainability claims on their products.