Monthly Updates on Regulatory Landscape for Environment, Social, and Governance (ESG) Issues in Financial Services Sector
In the realm of sustainable finance, the past few weeks have been marked by significant developments across various continents. Here's a summary of some key updates:
- NSW Anti-Slavery Report on Electric Vehicles Procurement: The Office of NSW Anti-Slavery released the first of three reports examining risks in the procurement of electric vehicles and EV charging infrastructure by NSW government agencies. The reports aim to ensure ethical sourcing and environmental sustainability in the state's transition to electric mobility.
- Updates in Europe:
- The European Commission updated its Platform on Sustainable Finance, a key initiative aimed at aligning the financial system with the EU's long-term sustainability objectives.
- The European Securities and Markets Authority (ESMA) published Progress Reports on greenwashing in the financial sector, providing insights into the current state of misleading sustainability claims and strategies to combat them.
- ESMA also published a Call for Evidence on the integration of sustainability preferences in the suitability assessment and product governance arrangements, seeking input from stakeholders to improve sustainability-related disclosures.
- The European Banking Authority released a consultation paper on draft implementing technical standards amending Commission Implementing Regulation (EU) 2024/3172, focusing on enhancements to the EU's banking sector's sustainability reporting.
- The European Securities and Markets Authority published its second Consultation Paper on draft technical standards under the Regulation on European Green Bonds (EuGB Regulation), outlining proposed guidelines for issuers of green bonds.
- The European Commission adopted a recommendation for voluntary sustainability reporting for Small and Medium Enterprises (SMEs) in the EU, encouraging SMEs to disclose their sustainability performance.
- The European Securities and Markets Authority published its second Consultation Paper on draft technical standards under the Regulation on European Green Bonds (EuGB Regulation).
- International Developments:
- The Transition Plan Taskforce published the final version of its Disclosure Framework, providing a standardised approach for companies to disclose their transition plans towards a net-zero emissions future.
- The International Sustainability Standards Board (ISSB) published its inaugural standards, setting a global baseline for climate-related and general sustainability disclosures.
- The Network of Central Banks and Supervisors for Greening the Financial System published its short-term scenarios, offering insights into the potential impacts of various climate-related risks on the global financial system.
- Legal Decisions and Consultations:
- In the UK, the Financial Conduct Authority (FCA) launched consultations to introduce a new regulatory framework on diversity and inclusion in the financial sector.
- The FCA's multi-firm review of climate reporting in the UK highlighted progress in integrating climate change risks but noted challenges with data availability and reporting complexity.
- The FCA has proposed new guidance on the anti-greenwashing rule and published final rules and guidance on Sustainable Disclosure Requirements (SDR) and investment labels.
- ClientEarth attempted to judicially review a decision of the Financial Conduct Authority to approve the prospectus of a UK oil and gas company, Ithaca Energy plc, citing concerns about the company's climate change disclosures.
- The UK government will not pursue a UK Taxonomy and will focus on delivering commitments on transition plans and sustainability reporting standards.
- The Australian Competition and Consumer Commission authorized the Australian Sustainable Finance Institute to collaborate on sustainable finance initiatives in Australia.
- In a landmark case, the Federal Court ruled that the government does not owe a duty of care to Torres Strait Islanders regarding climate change, a decision that has sparked controversy and discussions about the government's responsibility towards climate action.
These developments underscore the growing importance of sustainable finance globally and the ongoing efforts to improve transparency, combat greenwashing, and drive sustainable practices across various sectors. As the world continues to grapple with climate change and environmental challenges, these initiatives are crucial in shaping a more sustainable and resilient future.