On 22 June 2020, there was published in the Official Journal of the EU (OJ) Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088. The Regulation enters into force following the twentieth day following … Continue Reading
On 8 June 2020, the European Commission published the long-awaited draft level 2 measures incorporating sustainability issues and considerations into the EU financial services regulatory framework, including the UCITS Directive, the Alternative Investment Fund Managers Directive (AIFMD), MiFID II, the Solvency II Directive, and the Insurance Distribution Directive (IDD). The draft delegated acts also aim … Continue Reading
On 20 May 2020, the European Central Bank (ECB) published a draft guide for consultation that explains how it expects banks to safely and prudently manage climate-related and environmental risks and disclose such risks transparently under the current prudential framework. Whilst the ECB’s immediate attention is on the COVID-19 pandemic, it remains committed to further … Continue Reading
On 30 April 2020, the Basel Committee on Banking Supervision (Basel Committee) published a stocktake report on its members’ existing regulatory and supervisory initiatives on climate-related financial risks. The stocktake report notes that: the majority of Basel Committee members consider it appropriate to address climate-related financial risks within their existing regulatory and supervisory framework; an … Continue Reading
On 23 April 2020, the European Supervisory Authorities (ESAs) published a consultation paper seeking input on their proposed regulatory technical standards (RTS) on environmental, social and governance (ESG) disclosure for financial market participants, advisers and products. The RTS have been developed pursuant to the EU Regulation on sustainability-related disclosures in the financial services sector (SFDR), … Continue Reading
On 14 April 2020, the International Organisation of Securities Commissions (IOSCO) published a report on sustainable finance and the role of securities regulators. The report provides an overview of current initiatives, both by regulators and the industry, and a detailed analysis of the most relevant ESG-related international initiatives and third-party frameworks and standards. It also … Continue Reading
On Wednesday, 8 April 2020, the European Commission published three draft delegated regulations setting out sustainability criteria for benchmarks provided in accordance with the Regulation (EU) 2016/1011 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds (BMR). These measures follow amendments to the BMR introduced … Continue Reading
On 08 April 2020 the European Commission published a consultation on its forthcoming Renewed Sustainable Finance Action Plan [link]. The updated Commission action plan comes as a follow-up to its initial 2018 Sustainable Finance Action Plan and is meant to broaden and deepen the EU sustainable finance regulatory framework. Building on from the legislative and … Continue Reading
On 8 April 2020, the European Commission announced that it was extending the deadline for comments on its consultation on renewed sustainable finance strategy. The deadline for responding to the consultation is now 15 July 2020.… Continue Reading
On 31 March 2020, the United Nations Environment Programme Finance Initiative (UNEP FI) announced that a community of signatories to the Principles for Responsible Banking and UNEP FI member banks had developed a portfolio impact analysis tool for banks (the Tool) together with a guidance document. The Tool guides banks through a holistic analysis of … Continue Reading
On 9 March 2020, the European Commission Technical Expert Group on Sustainable Finance (TEG) published its final report on the taxonomy. The final report and its Annex present the TEG’s final recommendations to the European Commission (Commission) relating to the overarching design of the taxonomy, the technical screening criteria for climate change mitigation objectives, climate change … Continue Reading
On 27 February 2020, the European Central Bank (ECB) published a speech by its President, Christine Lagarde, entitled Climate change and the financial sector. Ms Lagarde focuses her remarks on climate change-related risks for the financial sector. Broadly speaking, the main risks fall into three categories: risks stemming from disregard, from delay and from deficiency. … Continue Reading
As demand for environmental, social and governance (ESG) investments increases, we consider what is driving demand, and the implications for asset managers, including changes to their duties and disclosure obligations. This webinar focuses on developments in the EU, with a particular focus on the UK, the Netherlands and Germany. The webinar can be found on … Continue Reading
On 6 February 2020, the European Securities and Markets Authority (ESMA) announced its strategy on sustainable finance, setting out how the European Supervisory Authority will place sustainability at the core of its activities by embedding environmental, social and governance (ESG) factors at the forefront of its work. The key priorities for ESMA highlighted in the … Continue Reading
On 24 January 2020, the European Parliament published an updated version of the procedure file for the proposed Regulation on the establishment of a framework to facilitate sustainable investment (known as the ‘Taxonomy Regulation’). The procedure file states that, on 16 January 2020, there was approval in committee of the text of the Taxonomy Regulation, … Continue Reading
The German Federal Financial Supervisory Authority (BaFin) has issued a guidance notice on dealing with sustainability risks (ESG Guidance Notice). The binding German version was published on 20 December 2019 and later editorially modified on 13 January 2020. Further, BaFin has now also made available an English convenience translation. The German regulator had launched a consultation based on … Continue Reading
On 20 December 2019, the EU technical expert group on sustainable finance (TEG) published a handbook on climate benchmarks and benchmarks’ environmental, social and governance (ESG) disclosures (the Handbook). The Handbook has been produced in response to frequently asked questions that the TEG encountered when presenting the EU Climate Transition Benchmark, the EU Paris Aligned … Continue Reading
On 18 December 2019, the Council of the EU (Council) published an ‘I’ Item note (dated 17 December 2019) on the proposed Regulation on the establishment of a framework to facilitate sustainable investment. Following negotiations between the Council and the European Parliament (Parliament), political agreement between the institutions was achieved on 17 December 2019 – … Continue Reading
On 11 December 2019, the European Commission (Commission) presented The European Green Deal – a roadmap for making the EU’s economy sustainable by turning climate and environmental challenges into opportunities across all policy areas. To set into legislation the political ambition of Europe being the world’s first climate neutral continent by 2050, the Commission will … Continue Reading
On 9 December 2019, the European Commission announced that on 1 January 2020 Switzerland will become the first country to successfully link its greenhouse gas emissions trading system with the EU emissions trading system. This completes a process which has taken almost 10 years. On 17 December 2010, the Council authorised the Commission to open … Continue Reading
On 9 December 2019, there was published in the Official Journal of the European Union (OJ): Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability‐related disclosures in the financial services sector (the Disclosure Regulation); and Regulation (EU) 2019/2089 of the European Parliament and of the Council of … Continue Reading
On 6 December 2019, the European Banking Authority (EBA) published its action plan on sustainable finance outlining its proposed timeline for delivering mandates relating to environmental, social and governance (ESG) factors. The EBA’s remit and mandates on ESG factors and risks are set out in the following legislative acts: the amended Regulation establishing the EBA; … Continue Reading
The Council of the EU and the European Parliament have reached a provisional compromise agreement on the Commission proposal for a regulation on the establishment of a framework to facilitate sustainable investments (the Sustainable Finance Taxonomy Regulation). After a fifth round of political trilogue negotiations on 3 December 2019, a sixth round was required on … Continue Reading
On 21 November 2019, the European Central Bank (ECB) published a speech given by Andrea Enria, Chair of the Supervisory Board of the ECB, at the European Savings and Retail Banking Group Conference, “Creating sustainable financial structures by putting citizens first” focusing on banking reforms, the case for a proportionate approach to regulation and sustainable … Continue Reading
