ESG Backlash Hits Europe, Fails. Standards Clash

ESG Backlash Hits Europe, Fails. Standards Clash

Has the ESG backlash hit Europe? After spearheading the climate and sustainability agenda for years, a proposal to block Europe's ESG reporting rules was narrowly defeated, and another proposal to delay its implementation is moving ahead.?

A cross-party group of 44 rightwing and liberal MEPs attempted to block the adoption of new sustainability reporting standards . The move was rejected with 359 votes for adopting the standards and 261 against. The vote means that the European Sustainability Reporting Standards (ESRS) has its final approval, and an estimated 50,000 companies will have to start gathering ESG data in 2024.

The motion to block the reporting standards was put forth by lawmakers mainly representing the EU Parliament’s largest party , the center-right European People's Party (EPP), which said the rule would put a "high administrative burden" on companies and go against the EU’s goal of reducing reporting obligations and cutting red tape.?

The Commission had already watered down the proposal initially drafted by the EU accounting advisory body EFRAG, but that did not stop the move to block the standards. (A separate draft EU law, the corporate sustainability due diligence directive (CSDDD), is also facing EPP opposition).

Also this week, the Commission proposed delaying key parts of the EU’s Corporate Sustainability Reporting Directive (CSRD). Industry sector-specific reports and non-EU company reporting will both be delayed two years.? The announcement was made as part of the EU’s 2024 Work Program .?

Mairead McGuinness , the European commissioner responsible for the ESRS (To clarify, the ESRS are the reporting standards companies will use to report to the CSRD), said, "I did listen carefully (to concern among businesses), and what we have at the moment are very proportionate standards .”

While conservative interests in many European countries are pushing back , the bulk of the European reporting scheme is moving ahead as planned.?

Standards?War?

ALEX KRAUS/GETTY

With the final approval of the EU standards, companies are in a difficult spot. The EU reporting standards are far more extensive than those proposed by the International Sustainability Standards Board (ISSB) because they are based on “double materiality” - the combination of issues that are economically important to the company and those that are important to stakeholders outside the company.? The tens of thousands of companies reporting under both standards face potential duplication and confusion.?

This point was made clear by ISSB chair Emmanuel Faber in a Le Monde Op-Ed (we covered last week ) originally titled “The war of standards will not happen.”? Despite that peaceful title, his quotes are getting a lot of attention - here is a version edited for length and highlighted for emphasis

“Europe has made an ambitious normative choice, by requiring that materiality extend beyond the economic domain: in addition to its financial backers, for the company it is a question of counting everything that matters to all its stakeholders... Having become the rallying cry of those who wholesale reject the ordinary materiality of financial markets, now deemed “simple”, it maintains a triple illusion and carries a dangerous blind spot. The first illusion is that "materiality" is equally applicable outside of an economic setting.?Seductive, but a trap. The materiality of market information is sanctioned by an immediate, clear and powerful decision: to buy or to sell. However, the non-economic aspect of a "double" materiality does not motivate any immediate, clear or strong sanction…. In short, there is no common denominator of concerns, and therefore no stable materiality. We are left with a myriad of piecemeal uses of information, the strength of which is miniscule compared to the power of the materiality that drives the flows of financial markets.???The second illusion is that double materiality would enable an exhaustive account of a company's impacts. This is unrealistic.??The third illusion is that double materiality forces the hand of companies. This is inaccurate: just as an accounting standard cannot get a company to increase its profit by 10%, a sustainability disclosure standard, even with double materiality, cannot get it to reduce its emissions by 10%. Double materiality is not the Holy Grail and must not obscure the need for political ambition in the transition.”

EU Prepares for COP 28

The EU scrapped its plan to reduce emissions by 57% (up from 55%) by 2030 after a veto by Hungary, Italy, and Poland .?

The disagreement came as the EU prepared its agenda for the upcoming global climate meeting (COP 28). The negotiators were criticized for backing off the pledge and other perceived weakening of the EU stance. ? Nonetheless, the bloc will be one of the most ambitious parties at COP 28, with goals to triple the production of renewable energy and halt the building of coal power plants.

However, some believe the difficulties are a foreshadowing of things to come at COP 28. Belize negotiator Carlos Fuller said, "I am not very hopeful ," - referring to a phase-out of fossil fuels supported by Belize.?

SEC Drops ESG as a Compliance Priority

Jonathan Ernst | Reuters

The US Securities and Exchange Commission (SEC) removed ESG from its list of compliance priorities for 2024. The list made no direct reference to ESG, which has been included since 2020.?

This ESG about-face from the SEC comes as Chair Gensler received an open letter from more than 20 California lawmakers asking that the regulator push for a California-style disclosure rule. Specifically, one that includes Scope 3 reporting, the letter reads, “Without consistent and reliable Scope 3 data, investors will be limited in evaluating the management’s performance with respect to those risks and opportunities .”

TCFD Final Report

Image by the American Public Power Association on Unsplash

As it prepares to integrate into the ISSB at the start of 2024, the Taskforce on Climate-related Financial Disclosures (TCFD) released its final progress report.?

The report showed how far climate disclosures have come since the TCFD’s 2015 launch, revealing that 97 of 100 of the world’s largest corporations are willing to report under the guidance of the TCFD. Companies reported an average of 5.3 of the Task Force's 11 recommended disclosures, up from an average of 3.2 in 2020 . However, there is still a long way to go, with only 4% of companies reporting in line with all 11 recommended disclosures.?

The TCFD has been a revolutionary tool for companies disclosing climate risks and opportunities. As it passes the baton to ISSB, hopefully, they can continue the great progress seen under the TCFD. Graeme Pitkethly , TCFD vice chair and CFO of Unilever said, “The TCFD has emerged as a beacon of clarity in an era of unprecedented environmental challenges .”

CDP and ISSB Align in 2024

Image by Micheal Discenza on Unsplash

CDP announced that 23,000 companies reported to their platform - a 24% jump from 2022 - and confirmed that they will align their questionnaire with the new ISSB climate disclosure standard (IFRS S2) starting in 2024.

Emmanuel Faber, Chair of the ISSB, said: “CDP’s work towards alignment with the IFRS S2 is incredibly welcome and timely, as it will further ease the reporting burden for thousands of companies, moving us one step closer to a common language for disclosures, while improving the consistency of climate-related information for investors and accelerating their access to this data .”

The CDP also announced it would integrate the new framework from the Taskforce on Nature-related Financial Disclosures (TNFD), the SEC’s climate disclosure requirements (when finalized), and the EU climate reporting standards.

The Amazon on the Brink

Bruno Kelly/Reuters

Source of a fifth of the world's freshwater and the world's largest river and rainforest - the Amazon -? is suffering an epic drought. Deforestation, lack of rain, and extreme heat all combine to bring a perfect storm of drying rivers and wildfires. Some rivers are at their lowest in over 100 years, while others are at record-breaking lows.

Hydro plants have had to be shut down, some river-dwelling communities have been stranded, and the famous endangered pink dolphins have been further threatened .??

This is a catastrophe of lasting consequences ,” said Luciana Vanni Gatti of Brazil’s National Institute of Space Research, who has been documenting changes in the Amazon. “The more forest loss we have, the less resilience it (the Amazon river) has.”

The views expressed on this website/weblog are mine alone and do not necessarily reflect the views of my employer.?

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Andrew Watson

Co-Founder, Rethinking Capital—Accounting for Reality

1 年

A super summary Tim Mohin. Thank you. It has to be surprising, and alarming, that as several inevitable crises come inexorably closer—in time and in proximity—we as a system seem totally unable to act decisively—and are even making things worse. Which should surely make us pause and ask—why?! What’s stopping us? And keep asking that question until we have a definitive answer. And though history may seem dull and accounting “unsexy”, we’re confident in the view that they’ve both got an important part to play—in the why and in the how to begin to find a light in the darkness to walk towards. Unlikely as it may seem, there’s a Renaissance round the corner—just out of sight. Seriously. Page 2 explains. https://climatehughes.org/normative-accounting-for-intangibles/ Jonny Mulligan also has a very interesting piece of the puzzle—we’ve learned.

Dr. Bipin Kumar Rai

Head of Environment & Climate Protection, Safety, Health, Security and Loss Prevention at Continental India (Tyres). All views personal

1 年

Thanks Tim Mohin for keeping us updated on and around sustainability topic. I don't believe sustainability reporting standards are meant for our planet...for our future...or in anyway drive transformation process to avoid irreversible damage to our future. These standards are only for investors, shareholders and rating agencies making feel good and giving cosmetic effect to the corporations. The real outcome to business is just data burden, confusion and making simple things more complex. If we really want to make a change the very first step is to learn to monitor the material and energy intensity across the value chain . This means we need to look on our businesses in terms of KG and JOULES and not in euro or dollar. Once we start practicing this everything will automatically start falling in right direction. The need is to make this transition simple and effective.

Sam King

SVP Corporate, GIST Impact

1 年

Thanks Tim Mohin, and I agree with Prerana Tirodkar, you bring a weekly dose of clarity to a very confusing space. Whilst you may guess where I sit on the DM debate, you're right we cannot lose focus on the actual investment and action required - never made more clear than the segment 'The Amazon on the Brink' - the human cost is heartbreaking and the nature and biodiversity loss equally terrifying. Kalil Cury Filho

Robert (Bob) Pojasek, Ph.D.

Harvard Lecturer Emeritus | Uncertainty Risk Management | Pollution Prevention | Process Improvement | ESG | Organizational Sustainability | Author

1 年

The about-face from the US SEC was predictable. The US SEC belongs to the International Organization of Securities Commissions (IOSCO) which supports the sustainability reporting and climate change priorities standardization efforts of the International Sustainability Standards Board (ISSB). Publicly traded companies in the United States and Europe have been resisting these efforts. This will continue until reason prevails!

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