Introduction
Several significant regulatory developments are shaping the landscape of sustainable finance and ESG integration across global financial markets. From halting climate disclosure rules to bolstering anti-greenwashing measures and enhancing climate-related disclosures, regulatory bodies worldwide are taking proactive steps to address environmental and social considerations in financial decision-making.
ESMA Consults on Enhancing CRAs Rules for ESG Integration
ESMA, the European Securities and Markets Authority, is currently soliciting feedback on potential amendments to the rules governing Credit Rating Agencies (CRAs) to better integrate ESG (Environmental, Social, and Governance) risks.
This initiative stems from a formal request made by the European Commission in June 2023, prompting ESMA to seek technical advice on enhancing the framework governing credit rating methodologies. Now, ESMA is inviting stakeholders to provide input on its proposed adjustments through a consultation process.
The proposed amendments are designed to address several key objectives. Firstly, they aim to ensure that ESG factors are systematically documented within credit rating methodologies, reflecting their significance in evaluating creditworthiness. Secondly, there’s a push for greater transparency in the credit rating process, particularly concerning the inclusion of ESG considerations in credit ratings and rating outlooks. Finally, these changes seek to establish a more consistent application of credit rating methodologies to promote a robust and transparent process overall.
The consultation period will remain open until June 21, 2024, allowing stakeholders to contribute their insights and perspectives. Following this, ESMA will review the feedback received and formulate its recommendations. By December 2024, ESMA plans to submit its advice to the European Commission, informed by the feedback gathered during the consultation process.
Ultimately, these proposed amendments represent a significant step toward aligning credit rating practices with evolving ESG priorities, aiming to enhance market transparency, credibility, and resilience in the face of sustainability challenges.
SEC Halts Climate Disclosure Rules Pending Legal Review
The Securities and Exchange Commission (SEC) has put a hold on its climate disclosure regulations. These regulations, finalized in March 2024, are currently under legal review in the U.S. Court of Appeals for the Eighth Circuit.
According to the SEC’s decision, it has the authority to pause the implementation of its rules while they undergo judicial review, if it deems it necessary for justice. The SEC highlighted the complexity of the legal process due to the numerous petitions for review, stating that the stay will enable the court to concentrate on assessing the rules’ merits.
Additionally, the SEC emphasized that issuing the stay doesn’t indicate a departure from its belief that the final rules comply with relevant laws. It reaffirmed its longstanding mandate to mandate the disclosure of information crucial for investors when making investment and voting decisions.
Chinese Regulatory Bodies Unveil Measures to Boost Green Financial Support
Chinese regulatory bodies, including the People’s Bank of China (PBoC), the National Financial Regulatory Administration (NFRA), and the China Securities Regulatory Commission (CSRC), have released guiding opinions aimed at bolstering financial support for green and low-carbon development.
The opinions outline various measures, including:
- Developing standards for calculating carbon footprints in business operations and investment activities to enhance green financial services.
- Enhancing environmental information disclosure mechanisms for financial institutions (FIs) to improve transparency.
- Promoting the development of carbon markets through the introduction of diverse financial products linked to carbon emission allowances.
- Simplifying procedures for international investors to participate in these initiatives, covering account setup, trading, registration, and settlement processes.
These measures aim to pave the way for future regulations while supporting green and low-carbon initiatives.
FCA Bolsters Anti-Greenwashing Measures and Considers Portfolio Management Expansion
The Financial Conduct Authority (FCA) has affirmed its anti-greenwashing guidelines, effective May 31. This follows the finalization of the Sustainability Disclosure Requirements in November 2023, aiming to enhance trust and transparency in investment products. FCA-authorized firms must ensure sustainability assertions are accurate and clear, aligning with existing standards. The FCA emphasizes continuity with regulatory requirements and reminds firms of guidelines from the ASA and CMA. The anti-greenwashing rule starts on May 31, 2024, with investment label usage from July 31, 2024, and naming regulations from December 2, 2024. This underscores the importance of transparency and integrity in sustainability reporting.
Also, the FCA is considering expanding the Sustainability Disclosure Requirements (SDR) regime to include portfolio management services through a consultation process. This expansion follows the establishment of the initial SDR regime in November 2023, which focused on disclosure requirements and optional labeling for UK fund managers offering sustainability products.
The consultation proposes a similar labeling approach for portfolio managers, aiming to ensure consistency and fairness across the industry. Additionally, the FCA suggests limiting the scope to firms conducting portfolio management from establishments based in the UK.
Interested parties have until June 14, 2024, to provide feedback on these proposed changes.
SEHK Enhances Climate-Related Disclosures in Accordance with ISSB Standards
Hong Kong’s Stock Exchange, SEHK, has released its conclusions from a consultation on improving climate-related disclosures within its ESG framework, with plans to adopt the proposed enhancements. These new requirements draw from the International Financial Reporting Standards (IFRS) S2 Climate-related Disclosures, issued by the International Sustainability Standards Board (ISSB) in June 2023.
SEHK’s decision considers the Hong Kong Government’s vision for sustainability disclosure and the ISSB’s jurisdictional guide. As one of the first exchanges worldwide to enhance climate-related disclosure requirements based on IFRS S2, SEHK aims to align local sustainability reporting with ISSB standards. The phased implementation of these requirements, starting from January 1, 2025, is intended to ensure alignment with international best practices.
Additionally, SEHK has published Implementation Guidance to support issuers in complying with the new climate requirements. This guidance references principles from IFRS S1 General Requirements for Disclosure of Sustainability-related Financial Information, providing issuers with a framework for preparing disclosures.
Julia Leung, CEO of the Hong Kong Securities and Futures Commission (SFC), believes that this new regime will furnish investors with relevant, consistent, and comparable information, bolstering Hong Kong’s position as a leading international sustainable finance hub. The SFC remains committed to collaborating with stakeholders to facilitate clear pathways for sustainability reporting.
This information is based on the article analyzed and reported by ThePlatform’s analysts team: https://www.bloomberg.com/professional/insights/regulation/global-regulatory-brief-green-finance-may-edition-1/
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