EU maintains focus on corporate sustainability as it looks to simplify the rulebook | Brunswick Group

EU maintains focus on corporate sustainability as it looks to simplify the rulebook

On 26 February, the European Commission published its proposals on simplifying sustainability reporting requirements for companies, known as the omnibus package.

Omnibus puts the focus on simplification rather than deregulation

Five years ago, the EU launched its flagship European Green Deal, a wide-ranging and all-encompassing set of policy reforms aimed at transforming Europe into the first net-zero continent. Fast forward to 2025, and four legislative hallmarks of the Green Deal are being overhauled with the goal of simplifying and reducing reporting burdens, especially for small and medium sized companies.

Although the omnibus is looking to streamline the reporting landscape for companies, it is not necessarily a precursor to regulatory retreat on sustainability. Companies will be mistaken to correlate EU efforts to simplify the rulebook with the anti-ESG deregulation push taking place in some other markets, like the United States. The EU’s climate goals remain as ambitious as ever, with a new 2040 target to cut emissions by 90 percent expected by the spring, and policymakers in Brussels will still look to companies to play their part in meeting that target.

Speaking at the launch of the omnibus package, European Commission President Ursula von der Leyen made it clear that “simplification is vital to Europe’s competitiveness”. She was borrowing a leaf from Mario Draghi’s much-publicized report on the future of EU competitiveness, which touched on the need to reduce the legislative and regulatory burden for companies.

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"Simplification promised, simplification delivered. EU companies will benefit from streamlined rules…this will make life easier for our businesses while ensuring we stay firmly on course toward our decarbonization goals." 

Ursula von der Leyen European Commission President

Among the list of rules to be simplified are the Corporate Sustainability Reporting Directive (CSRD), the Corporate Sustainability Due Diligence Directive (CSDDD), the Carbon Border Adjustment Mechanism (CBAM) and the EU Taxonomy.

Summary of main changes being proposed

CSRD

  • 80% reduction in the number of companies needing to comply; now only mandatory for large companies with 1,000+ emplyoees
  • Two-year delay for companies who were expected to report next year
  • Expected reduction in the number of ESRS datapoints needed to disclose

 

CSDDD

  • Delayed implementation timeline, pushed back to 2028
  • Due diligence now required only on direct business partners
  • Transition plan requirement harmonized with CSRD

 

Taxonomy

  • Simplification of certain Do No Significant Harm criteria
  • Limited the number of reporting KPIs by approximately 70%
  • 'Operational Expenditure' must only be reported if it exceeds 25% of turnover

 

CBAM

  • 90% reduction in the number of companies in scope; now only limited to companies importing more than 50 tons per year
  • One-year delay in requirement to buy CBAM certificates for in-scope imports
  • Reporting obligations and declaration process simplified

Companies and investors demand policy certainty from the omnibus

Ahead of the omnibus proposals being announced, a number of the world’s largest companies cautioned the EU against reopening the regulations completely for wholesale change. They warned this would “undermine policy certainty”, a key prerequisite for economic growth. More than 200 financial sector institutions, including asset owners and asset managers with a combined €6.6 trillion assets under management, signed a joint statement calling on the European Commission to preserve the integrity and ambition of the EU’s sustainable finance framework.

Other segments of the business community were more open to see significant root-and-branch changes to the regulatory framework, including the European Round Table for Industry, an influential trade association representing 60 of Europe’s largest industrial and technology firms.

“Reversing Europe’s industrial decline requires a radical and rapid shift in mindset and policymaking…the simplification package has to deliver a step-change in the EU’s regulatory rulebook culture.”

European Round Table for Industry

Proposed delays provide companies more time, not a get-out clause

The additional time given to companies to start reporting should not be seen as a ‘pause’. To the contrary, the European Commission has made it clear that the intention is to give them more time to implement the measures, not to reverse on any progress they have made. Both EU and non-EU companies will need to stay on top of the developments proposed in the omnibus package to understand what final form they take and what is required to comply.

Large companies required to stay the course on sustainability

The omnibus reforms will drastically reduce the number of companies in scope of the respective regulations. For example, 80 percent of companies who were previously in scope of the CSRD, are now exempt from mandatory reporting. For the CBAM, the cut-off line has been drawn at a much higher threshold with 90 percent of companies now falling outside the remit.

However, although these percentage reductions seem high, a significant number of large multinational companies will still find themselves within the regulatory parameters and therefore must continue with their preparation to meet the reporting requirements. They very much remain in the eye of policymakers as the European Commission is keen to not throw the baby out with the bathwater.

It's understandable to see why there is a desire to maintain focus on corporate sustainability, as EU policies have been effective in moving the dial. Data collected from 2,000 companies on their regulatory disclosures by Bloomberg shows a significant increase in Taxonomy-alignment year-on-year, indicating that large EU firms are becoming more sustainable.  

 

Paris-aligned transition planning remains a focus

The EU still expects companies to continue their preparations to publish climate transition plans, if they have not done so already. The omnibus slightly tweaks the requirements by harmonizing the respective CSRD and CSDDD sections, thereby adding clarity on what a robust and credible plan should include:

  • Alignment with Paris Agreement goal of limiting global temperature rise to 1.5˚C;
  • An explanation of the decarbonization actions the company will take to meet targets;
  • Details of the investment and funding needed to support the transition plan goals;

 

All eyes on the coming months

The European Commission’s ambition is to “fast-track” the omnibus proposals through the European Parliament and the EU Council and have it agreed by year-end so that the newly proposed deadline for reporting can be adjusted before ‘old’ obligations kick in.

It will be important for companies to remain engaged and monitor developments over the coming months. Regardless of the outcome, it is clear that in its efforts to boost competitiveness, the EU will not abandon its focus on encouraging greater corporate sustainability and transparency.

 

 

1 80% of Companies to Stick with Climate Reporting Plans Even if Regulations Change: Workiva Survey

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