On 13 March 2023, the Dutch Minister of Finance (the Minister) published a letter on the progress of the climate commitment of the financial sector (the Letter). In 2019, banks, pension funds, insurers and asset managers committed to contribute to the implementation of the Paris Climate Agreement and the Dutch Climate Agreement. The starting point for this commitment was for financial institutions to publish action plans in 2022. In the Letter, the Minister reviews the action plans, assesses their quality and provides for next steps in the process of this commitment.

The Minister states that almost all financial institutions that signed this commitment have the ambition to bring their portfolio in line with the 1.5 degree scenario in 2030 and to eventually achieve a net-zero portfolio by 2050. Financial institutions apply a number of tools which contribute to meeting the targets in the Paris Climate Agreement, among which include engagement policies, divestment and exclusion and voting policies. Financial institutions are also implementing climate-related changes into their governance and operational policies, such as employee training and the involvement of directors in the implementation of the action plan. However, the Minister does note that most action plans tend to contain generic descriptions and therefore should be made more specific to provide sufficient insight into how measures will contribute in practice to achieving the CO2 reduction objectives.

The Minister explores how legislation can strengthen the contribution of financial institutions to the sustainability transition. The Minister highlights two focus points: (1) the proper management of sustainability-related financial risks; and (2) the prevention of greenwashing. In this regard, the Minister proposes three potential instruments that can be considered:

  1. An effort obligation to align financing and investments with the objectives of the Paris Climate Agreement– By shaping the obligation as an effort obligation instead of a result obligation, the Minister leaves room for financial institutions to determine their own manner of implementation.
  1. An obligation to draw up a climate plan – This plan should have clear rules regarding its content and should be combined with an obligation to implement the plan. Such a legal obligation requires financial institutions to be more specific about their actions and increase the credibility and feasibility of action plans.
  1. An extension of the legal requirements on engagement policies – Mandatory engagement requirements already apply to certain categories of asset managers and institutional investors. This specifically focusses on the strategies, which currently remain the most abstract.

The Minister observes that new legal instruments should have added value compared to the existing frameworks and upcoming (EU) regulations and that the level playing field with other EU Member States should be ensured. The Minister welcomes input from the sector, scientists, regulators and societal organisations.

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Photo of Nikolai de Koning Nikolai de Koning

Nikolai de Koning is a financial services lawyer (advocaat) based in Amsterdam. Nikolai is experienced in financial services and banking law, as well as in data privacy (protection). He is experienced in advising on regulatory and compliance aspects relevant to financial…

Nikolai de Koning is a financial services lawyer (advocaat) based in Amsterdam. Nikolai is experienced in financial services and banking law, as well as in data privacy (protection). He is experienced in advising on regulatory and compliance aspects relevant to financial institutions, such as insurance companies, investment firms, clearing institutions and central counterparties. Nikolai also advises on Dutch licence and notification requirements and he assists companies in their licence or notification processes with the Dutch financial regulators. He also specialises in privacy issues arising out of online products, data protection and e-commerce.

Photo of Julia van der Grint Julia van der Grint

Julia van der Grint is a financial services lawyer based in Amsterdam.

She advises clients on a wide range of regulatory and compliance aspects relevant to financial institutions, such as investment firms, trading platforms, payment institutions, insurers, fund managers and clearing and settlement…

Julia van der Grint is a financial services lawyer based in Amsterdam.

She advises clients on a wide range of regulatory and compliance aspects relevant to financial institutions, such as investment firms, trading platforms, payment institutions, insurers, fund managers and clearing and settlement institutions. Julia has developed particular knowledge of blockchain and cryptocurrencies, and advises crypto-asset services providers, crypto exchanges, payments providers and financial institutions on the regulatory issues related to the deployment of these technologies. She also advises on Dutch licence application and notification requirements and assists companies in their licence or notification processes with the Dutch Authority for Financial Markets and the Dutch Central Bank. Additionally, she assists companies in their contacts with these supervisory authorities and represents companies in enforcement procedures.

In addition, she has previously advised banks, other financial institutions and corporates in an array of transactions, both domestic and cross-border. This includes, among others, advising lenders and lender-groups in corporate restructurings and other insolvency related matters.

Prior to joining the team as an associate, Julia gained experience with the Amsterdam office as a student worker.