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 (EU) 2019/2088).
Eye on ESG
Tracking the Transition to Sustainable Business and Finance
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 ESMA’s progress report on greenwashing,…
UK planning reforms to focus on social developments and net zero
A major overhaul of the UK’s planning (zoning) system was unveiled on 30 July. This is aimed at tackling the UK’s chronic housing shortage, as well as the challenge of net zero. The lack of affordable housing in the south-east of England, for example, means that average house prices there are ten times the average…
CLIMATE LITIGATION – THE GRANTHAM RESEARCH INSTITUTE ON CLIMATE CHANGE AND THE ENVIRONMENT PUBLISHES ITS 2024 GLOBAL TRENDS IN CLIMATE LITIGATION REPORT
According to the Grantham Institute’s 2024 Global Trends in Climate Change Litigation Policy Report (the “Report”) – which was published on 27 June 2024 – climate-related litigation against private sector actors continues to be on the rise. The Report highlights that over 230 climate-related lawsuits have been initiated against corporations and trade associations since 2015,…
THE UK FOREST RISK COMMODITY REGULATION (“UKFRC”) ONE TO WATCH IN THE COMING YEAR
Deforestation is now the second leading cause of climate change globally, after burning fossil fuels, and is responsible for around 11% of all greenhouse gas emissions. In the last 60 years more than half of tropical forests worldwide have been destroyed, reducing biodiversity and endangering rare species (see Fifth Special Report of Session – 2023-24: …
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…
German Federal Court of Justice on advertising with an ambiguous environmental term
The First Civil Senate of the German Federal Court of Justice, which is in charge of competition law, has ruled that advertising with an ambiguous environmental term (here: “climate neutral”) is generally only lawful if the specific meaning of the relevant term is explained in the advertising itself.
Judgment of June 27, 2024 – I…
Dissolution of the French National Assembly: what does it mean for the Proposed PFAS Law?
After the results of the European elections, where the presidential political party lost a significant number of seats at the European Parliament, the president of the French Republic Emmanuel Macron decided to dissolve the National Assembly. This dissolution was effected by the presidential “Decree of June 9, 2024 dissolving the National Assembly“, which was…
NATIONAL CONTACT POINTS: WHAT ARE THEY AND WHY SHOULD I CARE?
Multinational companies are facing increased pressure to ensure that they have adequate ESG-related policies in place and (more importantly) that they are implementing those policies in practice within both their business and associated supply chains via appropriate systems and controls. Companies that are found not to have implemented or adhered to those policies face increased…
JAPAN MULLS ISSB-BASED SUSTAINABILITY DISCLOSURE, MANDATORY AFTER 2027
Japan is considering whether to require all of its primary listed companies to publish an annual sustainability report which substantively conforms with the standards issued by the IFRS’ International Sustainability Standards Board (“ISSB”). The new mandatory disclosure rule would be applied in phases based on the size of market capitalization, with the biggest companies planned…