The European Union has emerged as a frontrunner in implementing ambitious ESG regulations in recent times. These underscore the EU’s proactive stance on sustainability initiatives. While some ESG regulations are already in effect, a significant number are slated to become law between 2023 and 2026.
Top EU ESG regulations in 2023 include:
- Sustainable Finance Disclosure Regulation (SFDR) – Regulates investment management sustainability reporting in the EU
- Corporate Sustainability Reporting Directive (CSRD) – Regulates corporate sustainability reporting in the EU
- EU Taxonomy for Sustainable Activities – Introduces a common classification system for sustainable economic activities, projects, and investments
- German Supply Chain Due Diligence Law (LkSG) and Corporate Sustainability Due Diligence Directive (CSDDD) – Regulates corporate supply chain due diligence and reporting in Germany.
- The EU’s “Women on Boards” Directive mandates that large, listed EU companies must ensure that a minimum of 40% of their non-executive director roles are occupied by women by June 2026. Member States have the option to reduce this requirement to 33% if they extend the threshold to include both executive and non-executive positions.
The Enhancement and Standardization of Climate-Related Disclosures for Investors (SEC)
The United States is currently undergoing a transition from voluntary, market-driven ESG reporting to a regulatory-driven framework, spearheaded primarily by the SEC’s forthcoming Climate Disclosure Requirements, alongside various evolving state laws and standards. In March 2022, the US Securities and Exchange Commission (SEC) unveiled a proposal titled “The Enhancement and Standardization of Climate-Related Disclosures for Investors,” aimed at establishing mandatory climate disclosures for select reporting entities as a new legal ESG standard.
This is expected to mandate large filers to disclose significant details regarding their climate risks, risk management strategies, corporate ESG governance, and greenhouse gas emissions.
California’s new Climate Corporate Data Accountability Act (SB253)
By the end of 2024, corporations falling under California’s newly enacted Climate Corporate Data Accountability Act (SB253) and SB261 will be required to establish protocols for auditing their 2025 emissions in anticipation of reporting in 2026.
These regulations will affect companies with global revenues exceeding US$1 billion, compelling them to disclose scope 1, 2, and 3 emissions if they operate in California. As a significant number of large US-based businesses conduct operations within the state, the impact of these bills is substantial, encompassing more than 5,000 companies (SB 253) and over 1,000 (SB 261).
Watch this space for more updates…