Background to the adoption of the sustainable finance package
Par Yacine Benarab
Posté le: 24/09/2021 12:08
While the Commission has just published a "sustainable finance" package that includes MIFID and IDDD amendments on the integration of customer sustainability preferences, this new ESG step implies substantial practical impacts for banking institutions. On 24 May 2018, The European Commission adopted́ a package of new regulations on financing sustainable growth in Europe, which includes three key proposals: first a proposal for a regulation on establishing a framework to facilitate sustainable investments and aiming to gradually create a single classification system ("taxonomy"); secondly a draft regulation on disclosure of sustainable investments and sustainability risk and amending Directive (EU) No 2016/2341, aiming to introduce disclosure requirements on how institutional investors and asset managers take ESG issues into account in their risk management process; and thirdly a draft regulation. amending the Benchmarks Regulation, creating a new category of benchmarks including decarbonisation and carbon positive indices, which will provide better information to investors on their investments. In summary, the financed regulatory framework is based on a core set of regulations. The Disclosure Regulation (SFDR) aims to harmonise the classification of "sustainable" financial products (SRI funds, green bonds, etc.) and transparency on the degree of sustainability of products. The Taxonomy regulation aims to establish a reference framework for sustainable economic activities and their characteristics, common to all economic actors in Europe (States, issuers, investors, etc.). The Benchmark Regulation aims to harmonise the approach of low-carbon benchmarks that identify companies that are carbon neutral or on a credible transition path. Article 29 of the Climate and Energy Law aims at transparency on the inclusion of climate change and biodiversity risks in sustainability risk management policies. It should be noted that of these four key regulations, the first two (SFDR and Taxonomy) are considered to be the most impactful cross-cutting regulations for the control functions in the near future. Among the standard norms, the following have been established: EU - Ecolabel (harmonisation of the labelling of sustainable products for the general public in Europe - currently national labels); EU - Green Bonds (standardisation of practices on the green bond market on the basis of existing norms, i.e. Green Bonds Principles); EU - Reporting (CSDR, improvement of the quality of extra-financial information published by companies, current "Extra-Financial Performance Statements" published by companies with more than 500 employees). Finally, three key existing directive bases are being revised. The MiFID 2 and DDA directives are intended to integrate the proactive distribution of sustainable financial products by systematically incorporating client preferences on sustainability aspects into investment and insurance advice. The revised AIFM / UCITS Directive to cover the formal inclusion of sustainability risks (impacts on the value of investments) by collective investment undertakings in their organisation, processes and risk management. Finally, the Prudential Regulation (ECB Guide) should cover prudential expectations for the management and reporting of climate and environmental risks (policies and procedures, key risks and KPIs).