Status on the EU sustainable finance framework
Published 19 October 2023
Category: Impact and ESG
In June 2023 the European Commission published and adopted a sustainable finance package with measures to expand and strengthen the EU sustainable finance framework. This update provides a closer overview of those measures which are now subject to scrutiny by the European Parliament and the Council.
Taxonomy Environmental Delegated Act
One of the measures adopted by the European Commission is the Taxonomy Environmental Delegated Act (“Environmental Delegated Act”). The Environmental Delegated Act together with Annex I-IV establishes technical screening criteria for economic activities substantially contributing to one of the remaining four environmental objectives in the Taxonomy Regulation:
- (i) sustainable use and protection of water and marine resources (see Annex I)
- (ii) transition to a circular economy (see Annex II)
- (iii) pollution prevention and control (see Annex III)
- (iv) protection and restoration of biodiversity and ecosystems (see Annex IV)
The Environmental Delegated Act includes sectors and economic activities deemed having the greatest potential to substantially contribute to the environmental objectives and for which the technical screening criteria could be developed without delay. However, for activities and sectors such as forestry, fishing, and agriculture further assessment of criteria is needed.
The adopted Environmental Delegated Act can be found here.
Amendments of Taxonomy Disclosures Delegated Act
Further, amendments to the Taxonomy Disclosures Delegated Act (“Disclosures Delegated Act”) regarding specific public disclosures have been set forward and adopted by the European Commission. The amendments cover both technical corrections as well as amendments to ensure consistency between its disclosure requirements and the Environmental Delegated Act.
The text amending the Disclosures Delegated Act can be found here and shall be seen in accordance with:
- amendments to Annex I, II, III, IV, V, VI, VIII and X of the Disclosures Delegated Act (see Annex V)
- revised Annex VI of the Disclosures Delegated Act (see Annex VI)
- revised Annex VIII of the Disclosures Delegated Act (see Annex VII)
Amendments of Taxonomy Climate Delegated Act
The European Commission has also adopted amendments to the existing Taxonomy Climate Delegated Act (“Climate Delegated Act”) and Annex I and II covering technical screening criteria for economic activities contributing to the first two environmental objectives in the Taxonomy Regulation:
The Climate Delegated Act is amended by establishing additional technical screening criteria for economic activities not included earlier. Those economic activities mainly cover transitional activities within the transport sector where zero-carbon solutions are still awaiting and manufacturing activities for key components for electrical equipment and low carbon transport making it possible to achieve greenhouse gas emissions savings in other activities. Further, few amendments have been made to improve some of the already existing technical screening criteria.
The adopted text amending the Climate Delegated Act can be accessed here.
Next steps: The Delegated Acts and amendments are now subject to a four-month scrutiny period by the European Parliament and the Council which may be extended with two months if requested. If the Delegated Acts and amendments are accepted, they are expected to apply from January 2024. We continue to monitor this process closely and prepare for the potential expansion of the technical screening criteria.
Also tagged ‘Regulatory Technical Standards’
Consultations on MiCA Technical Standards
As previously mentioned on Mazanti Pulse, new legislation regarding the crypto-asset sector is on its way in the European Union.
Crypto-assetsESMAMiCARegulatory Technical StandardsConsultations on the implementation of SFDR
On 14 September 2023, the European Commission initiated two consultations on the implementation of SFDR. The consultations focus on, among others, the regulation’s useability and role in combatting greenwashing.
Disclosure RequirementsRegulatory Technical StandardsSustainabilityConsultation on the ESAs review of SFDR
The European Supervisory Authorities (EBA, EIOPA and ESMA) have earlier this month published a consultation paper in which they propose amendments to the Commission Delegated Regulation.
Disclosure RequirementsESMARegulatory Technical StandardsSustainabilityESMA Submits Report on Sustainability Risks and Factors in the AIFMD and UCITS Directive
On 30 April 2019, the European Securities and Markets Authority (ESMA) published its final report on integrating sustainability risks and factors relating to environmental, social and good governance considerations in the AIFMD and UCITS Directive.
AIFMDESMAGovernanceRegulatory Technical StandardsRisk ManagementSustainabilityESMA Consults on Regulatory Technical Standards Under the ELTIF Regulation
On 28 March 2019, the European Securities and Markets Authority (ESMA) issued a Consultation Paper on draft Regulatory Technical Standards (RTS) under article 25 of the ELTIF Regulation.
ESMAKID / PRIIPSManagement RemunerationRegulatory Technical StandardsOther updates
Technical screening criteria for remaining environmental objectives now published
The Environmental Delegated Act introduces technical screening criteria for economic activities substantially contributing to one of the remaining four environmental objectives.
SustainabilityMiCA Guidelines on suitability assessments
On 20 October 2023, the European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) released a Consultation Paper outlining two sets of draft joint guidelines regarding suitability assessments concerning issuers of asset referenced tokens (ARTs) and crypto-asset service providers (CASPs).
Crypto-assetsESMAMiCAConsultations on MiCA Technical Standards
As previously mentioned on Mazanti Pulse, new legislation regarding the crypto-asset sector is on its way in the European Union.
Crypto-assetsESMAMiCARegulatory Technical StandardsSimplification and requirement reduction are key words in 2024 Commission Work Programme
On 17 October 2023, the EU Commission adopted their 2024 Commission Work Programme focusing mainly on strengthening EU’s competitiveness through reduction of burdens on businesses and rationalisation of reporting requirements.
GovernanceSustainabilityIntroduction of EU Taxonomy Stakeholder Request Mechanism
On 17 October 2023, the EU Commission and the advisory body, Platform on Sustainable Finance, introduced the EU Taxonomy Stakeholder Request Mechanism.
SustainabilityProposal for Danish implementation of CSRD out for consultation
On 13 October 2023, the legislative proposal for implementation of the Corporate Sustainability Reporting Directive (“CSRD”) and a number of appertaining executive orders went out for consultation.
Sustainability