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The European Commission publishes FAQs on the implementation of the EU corporate sustainability reporting rules

By Oliver Williams, Peter Pears, Tim Baines, Patrick Scholl, Luisa-Sophie Dany, James Taylor & Sam Eastwood on August 15, 2024
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On 7 August 2024, the European Commission published a set of frequently asked questions on the implementation of the EU Corporate Sustainability Reporting Directive (Directive (EU) 2022/2464) (“CSRD“) and the interpretation of certain legal provisions in the Accounting Directive (Directive 2013/34/EU), the Transparency Directive (Directive 2004/109/EC) and the Sustainable Finance Disclosure Regulation (Regulation (EU) 2019/2088). The FAQs take into account input received from in-scope companies and cover issues such as scope, timing and exemptions. For example, the FAQs include a flowchart illustrating the process to determine whether an entity is in scope of the sustainability reporting requirements and from which financial year (see page 12 of the FAQs), as well as a table illustrating the different application dates for the different types of undertakings subject to sustainability reporting (see page 13 of the FAQs).

The FAQs also cover some aspects of the associated European Sustainability Reporting Standards (“ESRS“).

The EFRAG – the technical adviser to the European Commission that developed the ESRS – has separately published implementation guidance in relation to the ESRS, the most recent of which was published on 31 May 2024.

You can read the FAQs here: Frequently asked questions on the implementation of the EU corporate sustainability reporting rules – European Commission (europa.eu).

You can read the latest iteration of the EFRAG ESRS implementation guidance here: ESRS implementation guidance documents | EFRAG.

For more information on the CSRD and the ESRS, you can read our earlier updates here: The EU Corporate Sustainability Reporting Directive is upon us – what non-EU companies should know and do | Insights | Mayer Brown; and European Commission adopts the European Sustainability Reporting Standards | Insights | Mayer Brown.

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 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 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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Photo of James Taylor James Taylor

James Taylor is a partner in the Banking & Finance practice of the London office. James’ practice focuses on public and private offerings of debt and equity-linked securities, advising issuers and underwriters on the standalone issue and offering of retail and wholesale medium…

James Taylor is a partner in the Banking & Finance practice of the London office. James’ practice focuses on public and private offerings of debt and equity-linked securities, advising issuers and underwriters on the standalone issue and offering of retail and wholesale medium term notes, commercial paper, certificates of deposit, warrants, convertible and exchangeable bonds and covered bonds, as well as the establishment and update of platforms for the issuance of multiple types of securities, the structuring of liability management transactions and the provision of ongoing advice on securities laws, corporate governance and stock exchange requirements related to them.

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  • Posted in:
    Corporate Governance and Compliance
  • Blog:
    Eye on ESG
  • Organization:
    Mayer Brown
  • Article: View Original Source

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