Sustainability Assembled
Legal and Regulatory Market Updates Q1 2024
ESG Reports, Sector Developments and News
ESMA Report on Trends, Risks and Vulnerabilities
On 31 January 2024, ESMA published its Report on Trends, Risks and Vulnerabilities (Report) referring to the confluence of interrelated market risk drivers in 2H 2023: longer interest rates, geopolitical and peripheral risks, real-estate valuations, greenwashing and use of social media.
The Report highlights greenwashing and related malpractices as an amber risk driver which is undermining the credibility of green finance with the potential to undermine investor confidence. According to the Report, in 2023 ESG investing and growth of ESG-related instruments has been affected by a number of factors including greenwashing risks and growing public scrutiny of sustainability claims.
The Report also suggests that the broad definition of Article 8 SFDR funds may have led investors to opt for alternative investments and the use of ESG-related terms in fund names may be becoming an important distinguishing factor for investors to opt for alternative investments and the use of ESG-related terms in fund names may be becoming an important distinction.
A key development highlighted by the Report is the increase in public sustainability-related information being reported and disclosed by EU supervised entities including taxonomy aligned data.
Risks from misalignment of banks’ financing with the EU climate objectives - Assessment of the alignment of the European Banking Sector
"Among the 95 significant institutions within the scope of this analysis, a striking 90% are found to be misaligned, increasing their transition risk."
In January 2024, the European Central Bank (ECB) published a report “Risk from misalignment of banks’ financing with EU climate objectives” (Report) which examines transition risks and the effect of such risks on the credit portfolios of financial institutions.
Higher carbon prices, dependency on energy prices, asset stranding, environmental regulations and changing consumer preferences mean corporates in energy intensive or CO2-intensive sectors (particularly those who have not taken steps for decarbonising) could experience reduced competitiveness resulting in an increased increase risk of defaults. In the event of a delayed transition, government intervention may require rapid compliance resulting in a higher risk of default.
Assessing this risk is critical for financial institutions. Financial institutions and central banks are increasingly scrutinising ‘alignment assessments’ i.e. the difference between a corporation’s production projection and targets set under a decarbonisation pathway. Misalignment indicates that a corporate is transitioning slower than is required under the decarbonisation pathway.
The ECB invites banks to apply the assessments, approaches and methodologies used in the Report to further develop their own alignment assessment capabilities and meet disclosure requirements under the European Banking Authority’s Implementing Technical Standards on Pillar 3.
ECB steps up climate work with focus on green transition, climate and nature-related risks
The European Central Bank (ECB) has announced its intention to expand its work on climate change, with a focus on transition risk and impact, physical impact of climate change and adaptation and risks resulting from nature loss and degradation. The ECB will also continue to improve climate-related indicators, risk monitoring and disclosures, and will continue to do its part to help the EU achieve its climate-related ambitions. Its plan is to regularly review its actions in that context and ensure they are fit for purpose.
A review of the ECB’s planned work programme can be found in the Climate and Nature Plan 2024-2025 Annex: Our Roadmap.
Sustainability disclosure and labelling: FCA launches new webpage
FCA launched a new webpage, which details the sustainability disclosure and labelling regime for financial firms. The webpage provides key information for various types of firms involved in this market, including how FCA-authorised firms should understand the regime and comply with the anti-greenwashing rule.
Q&A: Communications on 2040 target to achieve 2050 climate neutrality and on industrial carbon management
The Commission has published a communication which begins the process of preparing 2040 targets to achieve climate neutrality and industrial carbon management and also launches a broad political debate and dialogue with stakeholders and citizens. The Commission has also published a detailed impact assessment on possible pathways to reach climate neutrality by 2050 which will inform this debate and any future legislative and policy choices.
Transition Plan Taskforces’s mandate extended
The Transition Plan Taskforce’s mandate has been extended by HM Treasury until at least 31 July 2024 and potentially for a further with a 3 months to end of October 2024, in order to support the Transition Finance Market Review.