Who does this affect: The CSRD will apply to over 50,000 companies in Europe, including large public and private companies, listed companies issuing securities on a European regulated market, and at least 10,000 non-EU companies, including around 3,000 U.S. companies, with significant operations in Europe. This directive will have a broad global impact due to its value chain requirements.
Why has it been introduced: As a part of the “European Green Deal,” the CSRD was designed to meet the informational needs of investors on sustainability, as well as civil society, consumers, and other stakeholders.
What does it require:
When would it come into effect: Beginning in financial year 2024 and phased-in throughout financial year 2028. Reasonable assurance will be expected by 2028.
Where is reporting required: In Annual Reports (additional details to be determined through Member State transposition processes)
Who does this affect: This proposal is still under consideration by the European Parliament and the Council of the European Union. If it is adopted, it will apply to all businesses that offer products or services to consumers in the European Union.
Why has it been introduced: The European Commission proposed this policy directive to help consumers make more informed choices when purchasing products and services that claim to be sustainable. The Commission is responding to concerns about the lack of reliable information about the sustainability of products and services and “greenwashing” in the marketplace resulting from misleading labeling. Generic environmental claims would not be allowed without “recognised excellent environmental performance.” Notably, the proposal includes a ban on lower-carbon or carbon-neutral claims that are not supported by “clear, objective and verifiable commitments and targets.” Those claims would also need to be subject to independent monitoring. This proposed directive is another step designed to advance the EU Green Deal and accelerate the green transition by empowering consumers to make more sustainable choices.
What does it require: Business must provide information about the environmental impact of the products or services they offer. This will include the environmental impact throughout the lifecycle, the energy consumption and GHG emissions, water usage, use of hazardous materials, recyclability or compostability associated with the product or service.
When was this policy proposed: This policy was proposed in March 2022. The EU Parliament and Council of the European Union will need to consider the proposal and reach agreement on a final proposal for adoption. As proposed, businesses would need to comply with the policy within two years of its effective date.
Where is reporting required: The proposal stresses the importance that this information is provided to consumers clearly before they make a purchase. While the details are not yet final, the proposal does outline that the information should be provided online, in-store, and in product catalogs.
Who does this affect: All financial advisers (FA) and financial market participants (FMP) based in the EU. Investment managers and advisers outside the EU must also comply if they market or appear to market products to EU clients.
Why has it been introduced: To improve transparency around ESG-related claims, promote sustainable investment, and discourage greenwashing in the financial sector. SFDR also aims to classify funds and products into three labels: Article 6, 8, and 9 Funds.
What does it require: Requirements fall into three broad categories for entity-level and product-level disclosures:
When did this regulation come into effect: The SFDR has had a phased implementation process with Level 1 requirements coming into effect in March 2021 and Level 2 in January 2023. June 2023 is the deadline for reporting performance for the first reference period through the Principal Adverse Impact (PAI) statement and other Level 2 SFDR disclosure requirements.
Where is reporting required: Disclosure requirements are to be published and maintained on the entities’ websites, in periodic reports, and in pre-contractual disclosures.
Original text: EU Regulation on sustainability-related disclosures in the financial sector
Additional Resources: