This article follows-up on our previous Blog Post exploring the “jargon” of the EU Commission’s Chemicals Strategy for Sustainability (CSS), an ambitious political action plan for chemicals regulation in the EU that was released in October 2020.

Today, we are digging into another key concept of the CSS: the concept of “one substance, one assessment” (hereafter referred to as “OSOA“), which is essential for the Commission, and more generally for the European Union, to simplify and consolidate the chemicals legal framework.


Continue Reading Simplifying and Recasting the Assessment of Chemicals in the EU: A Challenge for the Administrative Puzzle

There is an undisputed trend of increased and strengthened human rights and environmental due diligence laws (for example, see our previous Blogs here and here).  A related trend is the rise of import controls to supplement such measures.  For example, the United States’ Customs and Border Protection agency have in recent times increasingly issued Withhold Release Orders to detain shipments of products suspected to be produced, in whole or in part, using forced labour (for example, see our Legal Updates here and here).

The European Commission is now assessing the adoption of action and enforcement instruments to tackle forced labour. Its consideration of such mechanisms coincides with the forthcoming legislative proposals from the European Commission on Sustainable Corporate Governance (SCG), a key element of which includes an obligation for corporations to undertake human rights and environmental due diligence (HREDD).

A coalition of NGOs, including Anti-Slavery International and the European Coalition for Corporate Justice, have released an NGO position paper raising some key considerations in the development of potential import control measures in tandem with a mandatory corporate HREDD obligation.


Continue Reading Business and Human Rights: NGOs Set Out Key Considerations for EU Import Controls to Tackle Forced Labour

Much has been going on over a hot summer of ESG (incidentally, July is reported to have been the world’s hottest month ever recorded). In this Blog Post, we help make sense of the busy season and highlight important developments across Europe and Asia, including:

  • The EU’s “Fit for 55” Package and Taxonomy
  • Carbon Disclosures in the UK
  • The Launch of the TNFD
  • Increasing ESG Litigation
  • Climate-related Regulation in Asia


Continue Reading The Summer of ESG: Developments from Europe and Asia

In a recent Blog Post on May 28, 2021, we discussed a landmark court ruling issued by the Hague District Court in May 2021[1], requiring Royal Dutch Shell (Shell) to reduce the CO₂ emissions of the Shell group by net 45% in 2030, compared to 2019 levels. In a statement on July 21, 2021, Shell confirmed that it will appeal against this decision. In the meantime – and pending any final determination – Shell remain bound by the earlier court ruling.

In this Blog Post, we highlight key aspects of the Hague District Court’s decision and Shell’s recent decision to appeal.


Continue Reading ESG Litigation: Shell to Appeal Court Ruling in Netherlands Climate Case

On 8 April 2021, we discussed in our blog post the UK government’s consultation on the draft climate risk regulations under the Pension Schemes Act 2021. The government has recently published a response to the draft regulations, the finalised regulations and the accompanying statutory guidance. The new regulations will apply to trustees of larger

The EU has presented its proposal for a Carbon Border Adjustment Mechanism (CBAM). The mechanism is closely aligned with the EU’s emissions trading scheme and the purpose of the CBAM is to be able to increase the EU’s internal carbon price without pushing production offshore. This risk of “carbon leakage” arises when energy-intensive

As part of national plans to cut carbon emissions, the UK Cabinet Office released a Procurement Policy Note on 5 June 2021 (“PPN 06/21“, or the “PPN“): this mandates the assessment of Carbon Reduction Plans by UK central government departments as part of the procurement of large public contracts.

Key aspects of the Public Procurement Notice

  • UK Procurement Policy Note 06/21 requires a bidder for large public contracts (exceeding £5 million per annum) to produce a Carbon Reduction Plan (CRP) setting out how it intends to achieve ‘net zero’ carbon emissions by the year 2050 (compared to 1990 levels).
  • This relates to regulated contracts for goods, services and/or works awarded by UK central government departments, their executive agencies and non-departmental public bodies.
  • This will apply to procurement processes commenced on or after 30 September 2021 – bidders should take steps now to prepare for compliance, which might require new data collection and reporting procedures.


Continue Reading ESG and UK Public Procurement: Carbon Reduction Requirements

Section 54 of the UK Modern Slavery Act 2015 (MSA 2015) requires large businesses to produce a statement each year setting out the steps they have taken to ensure that their business and supply chains are slavery free, or a statement that they have taken no steps to do this. Legislative reform of some kind has been some time in the offing, particularly since the Government’s response in September last year to the 2019 “Transparency in supply chains consultation” (see our previous Legal Update).

Continue Reading UK Modern Slavery – a Bill to prohibit the “falsification” of slavery and human trafficking statements

The Loan Market Association (LMA), the Loan Syndications and Trading Association (LSTA) and the European Leveraged Finance Association (ELFA) have published an ESG questionnaire which they hope will be an industry standard for investors undertaking ESG due diligence on prospective and incumbent asset managers.

The publishing associations hope that this will simplify the due diligence

The UK government has published a response to its January 2021 consultation on the new climate risk-related governance and reporting requirements that will apply to trustees of larger occupational pension schemes from 1 October 2021. The government has also published the finalised regulations and accompanying statutory guidance.

The requirements under the regulations are essentially unchanged from the consultation version – the changes that have been made are largely technical and are designed to clarify aspects of the requirements. Changes have also been made to the statutory guidance to provide further clarity and support for trustees.

Continue reading for our discussion on the governance and reporting requirements.


Continue Reading UK Climate change risk — new pension scheme trustee duties confirmed