On 19 November 2024, the Council of the European Union (“Council”) adopted a new regulation on environmental, social and governance (ESG) rating activities.1 The new regulation, which was presented by the European Commission on 13 June 2023, aims to make ESG rating activities in the EU more consistent, transparent and comparable.2 This will
EMEA
Dutch Court of Appeal rules on Shell CO2 Emissions
Other contributor: Jan Buschfeld
On 12 November 2024, a Dutch appeals court ruled that Shell does not have to reduce its CO2 emissions by 45% by 2030 compared to 2019 levels, as previously ordered by the Hague District Court on 26 May 2021. Shell now has the right to adjust its own emissions reductions targets…
European Commission to propose revision of corporate sustainability legislation
In a significant development for EU corporate sustainability legislation, European Commission President Ursula von der Leyen has announced plans to merge three cornerstone sustainability frameworks – the Corporate Sustainability Due Diligence Directive (CSDDD), the Corporate Sustainability Reporting Directive (CSRD), and the Taxonomy Regulation – through so-called omnibus legislation.
While the Commission maintains this consolidation aims…
UK National Audit Office Publishes Overview of New Government’s approach to Environment and Climate Change
On 15 October, the UK’s independent public spending watchdog (the National Audit Office or NAO) published its overview of the Government’s approach to the three areas of environmental improvement, net zero and climate change adaptation.
The report provides a high-level critique of Government programmes to date on these three interrelated areas emphasising the scale of…
The European Commission postpones application of the EU Deforestation Regulation and other developments
On 2 October 2024, the European Commission (“Commission”) made public its proposal to postpone application of the EU Deforestation Regulation (“EUDR”), by way of an amendment to the EUDR that would postpone (a) its date of entry into application from 30 December 2024 to 30 December 2025 (and till 30 June…
Time To Tailor Up: Fashion businesses on warning with CMA’s new Compliance Guide for Green Claims
Following the UK Competition and Markets Authority’s (“CMA”) recent investigation regarding ‘Green Claims’ in the fashion industry (discussed here), the CMA has now published a Compliance Guide to help fashion businesses “stay on the right side of consumer law”. This is part of the CMA’s “essential” work to ensure consumers can make informed choices based on environmental claims that they can trust.
Continue Reading Time To Tailor Up: Fashion businesses on warning with CMA’s new Compliance Guide for Green Claims
Great British Energy Bill
On 3 September 2024, the UK Government published its factsheet on the Great British Energy Bill which received its Second Reading in the House of Commons on 5 September.
The purpose of the Bill is to establish a publicly-owned energy company designed to drive clean energy deployment and support the UK Government’s aim of decarbonising…
The European Commission publishes FAQs on the implementation of the EU corporate sustainability reporting rules
On 7 August 2024, the European Commission published a set of frequently asked questions on the implementation of the EU Corporate Sustainability Reporting Directive (Directive (EU) 2022/2464) (“CSRD“) and the interpretation of certain legal provisions in the Accounting Directive (Directive 2013/34/EU), the Transparency Directive (Directive 2004/109/EC) and the Sustainable Finance Disclosure Regulation (Regulation…
The ESMA sets out its long-term vision on the functioning of the Sustainable Finance Framework
On 24 July 2024, the European Securities and Markets Authority (“ESMA“) published an opinion on the sustainable finance regulatory framework (the “ESMA Opinion“), which outlines the ESMA’s long-term vision for the functioning of the EU’s sustainable finance framework (the “Framework“). The ESMA Opinion builds on the findings of the…
Be prepared: The technical standards on STS securitizations’ ESG disclosures enter into force on July 8, 2024
The Commission Delegated Regulation (EU) 2024/1700 supplementing Regulation (EU) 2017/2402 with regard to regulatory technical standards (“RTS”) was adopted on June 18, 2024. These RTS set out the content, methods and presentation of information in relation to the principal adverse impacts (“PAIs”) of the assets financed by the underlying exposures on sustainability factors for securitizations and the new rules will enter into force on 8 July 2024. ESG STS disclosure is a key feature of the EU’s objectives to promote sustainable finance and steer capital flows towards sustainable activities.Continue Reading Be prepared: The technical standards on STS securitizations’ ESG disclosures enter into force on July 8, 2024