Directive (EU) 2022/2464 amending Regulation (EU) No 537/2014, Directive 2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU, as regards corporate sustainability reporting

Author (Corporate) ,
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Series Details L 322, Pages 15-80
Publication Date 16/12/2022
Content Type , ,

Summary:

Directive (EU) 2022/2464 - adopted by the co-legislators on 14 December 2022 - aimed at improving the flow of sustainability information in the corporate world. It is also known as the Corporate Sustainability Reporting Directive (CSRD). This is a text with EEA relevance.

Further information:

Directive 2014/95/EU - also known as Non-Financial Reporting Directive (NFRD) - requires certain large companies to disclose relevant non-financial information. It amended Directive 2013/34/EU - also known as the Accounting Directive.

In accordance with the NFRD, the European Commission published non-binding reporting guidelines for companies in 2017. Additional guidelines on reporting climate-related information were published in 2019. These guidelines were not seen to have improved sufficiently the quality of information companies disclose pursuant to the NFRD. The Commission committed to proposing a revision of the NFRD in its European Green Deal and its 2020 Work Programme. Such effort would also support the implementation of the 2018 Sustainable Finance Action Plan.

This Directive introduces amendments to the existing reporting requirements of the NFRD. The CSRD introduces more detailed reporting requirements and ensures that large companies and listed small and medium-sized enterprises (SMEs) are required to report on sustainability matters such as environmental rights, social rights, human rights and governance factors. The European Financial Reporting Advisory Group (EFRAG) is responsible for developing draft European standards, which are eventually adopted by the European Commission as a delegated act.

The initiative was tabled by the European Commission on 21 April 2021, as part of a package of measures on sustainable finance overviewed by the Communication on EU Taxonomy, Corporate Sustainability Reporting, Sustainability Preferences and Fiduciary DutiesThe Council of the European Union adopted its general approach on 24 February 2022. The plenary of the European Parliament endorsed a negotiating position in April 2022. An informal agreement between the co-legislators on a compromise text for this file was reached on 21 June 2022. This was formally endorsed by the Parliament on 10 November and by the Council on 28 November. The Act was signed by the co-legislators on 14 December 2022 and published in the Official Journal on 16 December 2022.

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  • https://ec.europa.eu/finance/docs/law/210421-proposal-corporate-sustainability-reporting_en.pdf
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Commentary and Analysis
EPRS: Briefing, July 2021: Improving corporate sustainability reporting - Initial Appraisal of a European Commission Impact Assessment https://www.europarl.europa.eu/thinktank/en/document/EPRS_BRI(2021)694219
Simmons&Simmons: Publications, 14/07/2022: Corporate Sustainability Reporting Directive: provisional agreement https://www.simmons-simmons.com/en/publications/ckq2dt9nx1jdk0957na53e2j3/corporate-sustainability-reporting-directive-provisional-agreement
Ernst&Young (EY): Assurance, 01/08/2022: How the EU’s new sustainability directive is becoming a game changer https://www.ey.com/en_gl/assurance/how-the-eu-s-new-sustainability-directive-is-becoming-a-game-changer
Harvard Law School Forum on Corporate Governance: Blog, 23/08/2022: EU Corporate Sustainability Reporting Directive—What Do Companies Need to Know https://corpgov.law.harvard.edu/2022/08/23/eu-corporate-sustainability-reporting-directive-what-do-companies-need-to-know/
Principles for Responsible Investment (UN PRI): Blog, 22/09/2022: CSRD and ESRS: how EU corporate sustainability reporting is evolving https://www.unpri.org/pri-blog/csrd-and-esrs-how-eu-corporate-sustainability-reporting-is-evolving/10539.article
EPRS: At a Glance, November 2022: Corporate sustainability reporting directive https://www.europarl.europa.eu/thinktank/en/document/EPRS_ATA(2022)738177
Accountancy Europe: Publications, 23/11/2022: FAQs: all you need to know about the Corporate Sustainability Reporting Directive https://www.accountancyeurope.eu/publications/faqs-on-corporate-sustainability-reporting-directive/
Pinsent Masons: Out-Law News, 29/11/2022: EU adopts new sustainability reporting requirements for companies in and outside the EU https://www.pinsentmasons.com/out-law/news/neue-eu-nachhaltigkeitsberichtspflichten-fuer-unternehmen-beschlossen
Harvard Law School Forum on Corporate Governance: Blog, 11/12/2022: EU Corporate Sustainability Reporting Directive – disclosure obligations for EU and non-EU companies https://corpgov.law.harvard.edu/2022/12/11/eu-corporate-sustainability-reporting-directive-disclosure-obligations-for-eu-and-non-eu-companies/

Official
EUR-LEX: COM(2021)189: Proposal for a Directive amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:189:FIN
EUR-LEX: SWD(2021)150: Staff Working Document accompanying the Proposal - Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:150:FIN
EUR-LEX: SWD(2021)151: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:151:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on Corporate Sustainability Reporting Directive (2021/0104(COD)) https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2021/0104(COD)
European Parliament: Legislative Train Schedule: Corporate Sustainability Reporting Directive (CSRD) https://www.europarl.europa.eu/legislative-train/theme-a-european-green-deal/file-review-of-the-non-financial-reporting-directive
European Commission: Sustainable Finance Package https://ec.europa.eu/info/publications/210421-sustainable-finance-communication_en
European Commission: DG Financial Stability, Financial Services and Capital Markets Union: Corporate sustainability reporting https://finance.ec.europa.eu/capital-markets-union-and-financial-markets/company-reporting-and-auditing/company-reporting/corporate-sustainability-reporting_en
European Commission: Press Release, 21/04/2021: Sustainable Finance and EU Taxonomy: Commission takes further steps to channel money towards sustainable activities https://ec.europa.eu/commission/presscorner/detail/en/ip_21_1804
European Commission: Questions and Answers: Corporate Sustainability Reporting Directive proposal (21 April 2021) https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_1806
European Commission: Remarks by Executive Vice-President Dombrovskis at the press conference on the Sustainable Finance Package (21 April 2021) https://ec.europa.eu/commission/presscorner/detail/en/speech_21_1862
European Commission: Remarks by Commissioner McGuinness at the press conference on the Sustainable Finance Package (21 April 2021) https://ec.europa.eu/commission/presscorner/detail/en/speech_21_1863
Council of the European Union: Press Release, 24/02/2022: Council adopts its position on the corporate sustainability reporting directive (CSRD) https://www.consilium.europa.eu/en/press/press-releases/2022/02/24/council-adopts-position-on-the-corporate-sustainability-reporting-directive-csrd/
European Parliament: Press Release, 15/03/2022: Companies to be more accountable for their social and environmental impact https://www.europarl.europa.eu/news/en/press-room/20220314IPR25409/
Council of the European Union: Press Release, 21/06/2022: New rules on corporate sustainability reporting: provisional political agreement between the Council and the European Parliament https://www.consilium.europa.eu/en/press/press-releases/2022/06/21/new-rules-on-sustainability-disclosure-provisional-agreement-between-council-and-european-parliament/
European Parliament: Press Release, 21/06/2022: New social and environmental reporting rules for large companies https://www.europarl.europa.eu/news/en/press-room/20220620IPR33413/
European Parliament: Press Release, 10/11/2022: Sustainable economy: Parliament adopts new reporting rules for multinationals https://www.europarl.europa.eu/news/en/press-room/20221107IPR49611/
Council of the European Union: Press Release, 28/11/2022: Council gives final green light to corporate sustainability reporting directive https://www.consilium.europa.eu/en/press/press-releases/2022/11/28/council-gives-final-green-light-to-corporate-sustainability-reporting-directive/
European Commission: Keynote speech by Commissioner McGuinness at the 2022 EFRAG Conference, 'Where is Corporate Reporting heading?' (7 December 2022) https://ec.europa.eu/commission/presscorner/detail/en/SPEECH_22_7566

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