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ESMA publishes explanatory notes on the definition of “sustainable investments”, “do no significant harm” and the use of estimates in European sustainable finance regulation

By Peter Pears, Oliver Williams, Musonda Kapotwe, Tim Baines, Patrick Scholl, Marcel Hörauf & Luisa-Sophie Dany on November 22, 2023
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The European Securities and Markets Authority (“ESMA“) has today published three useful explanatory notes covering key topics of the European sustainable finance framework, namely: a) the definition of “sustainable investments”; b) the application of do no significant harm (“DNSH“) principle; and c) the use of estimates.

The explanatory notes set out factual information regarding these concepts, with the aim of allowing stakeholders to navigate and better understand the EU’s sustainable finance legislative framework. These documents are described by ESMA as purely descriptive and not intended to replace relevant legal texts nor to provide guidance on the application of relevant provisions.

Nevertheless, they are a useful consolidated resource on these important and, at times, difficult topics and will be of particular value to those currently preparing for and applying these concepts in relation to the Taxonomy Regulation, Sustainable Finance Disclosure Regulation, Corporate Sustainability Reporting Directive and the Benchmark Regulation. For further information about these regulations, please read our earlier updates here, here, here and here.

The explanatory notes are available here:

  • Concepts of sustainable investments and environmentally sustainable activities in the EU Sustainable Finance framework: ESMA30-379-2279 Concepts of sustainable investments and environmentally sustainable activities in the EU Sustainable Finance framework (europa.eu)
  • ‘Do No Significant Harm’ definitions and criteria across the EU Sustainable Finance framework: ESMA30-379-2281 ‘Do No Significant Harm’ definitions and criteria across the EU Sustainable Finance framework (europa.eu)
  • Concept of estimates across the EU Sustainable Finance framework: ESMA30-1668416927-2548 Concept of estimates across the EU Sustainable Finance framework (europa.eu)
Photo of Peter Pears Peter Pears

Peter Pears is a partner in the Banking & Finance practice of the London office. He acts for issuers and underwriters on a range of domestic and international capital markets products including Eurobond, medium term note, commercial paper, regulatory capital, corporate hybrid and…

Peter Pears is a partner in the Banking & Finance practice of the London office. He acts for issuers and underwriters on a range of domestic and international capital markets products including Eurobond, medium term note, commercial paper, regulatory capital, corporate hybrid and liability management transactions. Peter’s clients include financial institutions, major corporations, sovereigns, municipalities and supranationals across Europe, the United States, Africa and Asia. Peter has considerable experience in sustainable debt and ESG principles and regularly advises on green, social and sustainable bonds, sustainability-linked bonds and ESG regulatory matters. In addition to his debt capital markets practice, Peter has experience advising on a variety of infrastructure finance transactions, including project bonds, private placements and whole business securitizations.

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Photo of Oliver Williams Oliver Williams

Oliver Williams is an associate in the Banking & Finance practice of the London office. He is also an active member of the firm’s Global ESG Group.

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Photo of Musonda Kapotwe Musonda Kapotwe

Musonda Kapotwe has extensive transactional experience advising on the impact of UK financial services regulation on banking, capital markets and derivative transactions.

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Photo of Tim Baines Tim Baines

Tim Baines is a partner in the London environmental and planning team of Mayer Brown. Tim has a particular interest and background in advising companies and financial institutions in the real estate, energy and sustainability sectors. He has considerable knowledge of UK planning…

Tim Baines is a partner in the London environmental and planning team of Mayer Brown. Tim has a particular interest and background in advising companies and financial institutions in the real estate, energy and sustainability sectors. He has considerable knowledge of UK planning and environmental regimes, renewables incentives regimes, and emissions and climate-related matters.

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Photo of Patrick Scholl Patrick Scholl

Patrick Scholl is a partner and head of Mayer Brown’s Banking & Finance practice in Frankfurt. Patrick leads the Mayer Brown capital markets and derivatives offering in Germany with an European focus. His team advises on debt capital markets issuances and disclosures, debt…

Patrick Scholl is a partner and head of Mayer Brown’s Banking & Finance practice in Frankfurt. Patrick leads the Mayer Brown capital markets and derivatives offering in Germany with an European focus. His team advises on debt capital markets issuances and disclosures, debt issuance programms, hybrid capital instruments as well as liability management transactions. The OTC derivatives practice focuses on advising and negotiating master agreements (including repos and stock lending), collateral solutions, netting questions and provides transaction support with regard to all underylings, including equity-linked, credit-linked, fund-linked or commodity-linked derivatives.

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  • Posted in:
    Environmental
  • Blog:
    Eye on ESG
  • Organization:
    Mayer Brown
  • Article: View Original Source

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