The definition of the term sustainability matters in Directive 2013/34/EU as amended by this amending Directive should therefore cover environmental, social and human rights, and governance factors, and incorporate the definition of the term sustainability factors laid down in Regulation (EU) 2019/2088. Undertakings themselves stand to benefit from carrying out high-quality reporting on sustainability matters. There is significant evidence that many undertakings do not disclose material information on all major sustainability-related topics, including climate-related information such as all GHG emissions, and factors that affect biodiversity. Disclosure requirements should be specified in sufficient detail to ensure that undertakings report information on their resilience in relation to risks related to sustainability matters. This document is an excerpt from the EUR-Lex website, Directive (EU) 2022/2464 of the European Parliament and of the Council of 14December 2022 amending Regulation (EU) No537/2014, Directive 2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU, as regards corporate sustainability reporting (Text with EEA relevance), OJ L 322, 16.12.2022, p. 1580 A Member State may register a third-country audit entity for the purpose of the assurance of sustainability reporting only if: the majority of the members of the administrative or management body of the third-country audit entity meet requirements which are equivalent to those laid down in Articles 4 to 10; the third-country auditor carrying out the assurance on behalf of the third-country audit entity meets requirements which are equivalent to those laid down in Articles 4 to 10; the assurance of the annual or consolidated sustainability reporting referred to in paragraph 1 is carried out in accordance with the assurance standards referred to in Article26a, as well as the requirements laid down in Articles 22, 22b, 25 and25b, or with equivalent standards and requirements; 5a. The European Financial Reporting Advisory Group (EFRAG) is a non-profit association established under Belgian law that serves the public interest by providing advice to the Commission on the endorsement of international financial reporting standards. 6. Provided that the conditions set out in the second subparagraph of this paragraph are met, a parent undertaking which is a subsidiary undertaking shall be exempted from the obligations set out in paragraphs 1 to 5 of this Article (the exempted parent undertaking) if such parent undertaking and its subsidiary undertakings are included in the consolidated management report of another undertaking, drawn up in accordance with Article29 and this Article. Under Regulation (EU) No1095/2010 of the European Parliament and of the Council(24), ESMA also plays a role in promoting supervisory convergence in the enforcement of corporate reporting by issuers whose securities are admitted to trading on a regulated market in the Union and who will be required to report in accordance with those sustainability reporting standards. Related research from the Program on Corporate Governance includesThe Illusory Promise of Stakeholder Governance(discussed on the Forumhere) by Lucian A. Bebchuk and Roberto Tallarita;For Whom Corporate Leaders Bargain(discussed on the Forumhere) by Lucian A. Bebchuk, Kobi Kastiel, and Roberto Tallarita;Restoration: The Role Stakeholder Governance Must Play in Recreating a Fair and Sustainable American EconomyA Reply to Professor Rock(discussed on the Forumhere) by Leo E. Strine, Jr.; andStakeholder Capitalism in the Time of Covid(discussed on the Forumhere) by Lucian A. Bebchuk, Kobi Kastiel, and Roberto Tallarita. The Corporate Sustainability Reporting Directive (CSRD) is a new, important piece of European regulation requiring To avoid unnecessary regulatory fragmentation that could have negative consequences for undertakings operating globally, Union sustainability reporting standards should contribute to the process of convergence of sustainability reporting standards at global level, by supporting the work of the International Sustainability Standards Board (ISSB). In addition, it will require disclosure regarding the due diligence processes implemented by a company in relation to sustainability matters and the actual and potential adverse sustainability impacts of an in-scope companys operations and value chain. 3. Taking into account the results of that assessment and if therefore appropriate, those delegated acts shall specify the date from which the opinion referred to in point (aa) of the second subparagraph of Article34(1) is to be based on a reasonable assurance engagement that is based on those reasonable assurance standards. This set will specify the information that companies should to disclose with regard to reporting and EUs new Corporate Sustainability Reporting Directive uly 2021 implementation from the beginning of 2022 when the draft standards will be made available for public consultation. Other relevant Union law, including Directive 2010/75/EU of the European Parliament and of the Council(29), and other requirements laid down in Union law for undertakings as regards directors duties and due diligence should also be taken into account. In particular, public-interest entities should not be treated as large undertakings for the purposes of the application of the sustainability reporting requirements. In the third episode of the webcast series entitled, How the Corporate Sustainability Reporting Directive will transform your organization, which ran live on 05 April and is now available on-demand, panelists explored the impact of the Corporate Sustainability Reporting Directive (CSRD) and how it marks a step change in The exemption laid down in paragraph 9 shall also apply to public-interest entities subject to the requirements of this Article, with the exception of large undertakings which are public-interest entities defined in point (a) of point (1) of Article2 of this Directive. Such making available of that report should not pre-empt the outcome of the assurance opinion of which the third-party verification should remain independent. The CSRD introduces more detailed reporting requirements and ensures that large companies and listed SMEs are required The assurance report on sustainability reporting referred to in Article28a of Directive 2006/43/EC shall be disclosed in full to the public together with the annual financial report. (28)Commission Recommendation 2013/179/EU of 9April 2013 on the use of common methods to measure and communicate the life cycle environmental performance of products and organisations (OJL124, 4.5.2013, p.1). Member States may require subsidiary undertakings or branches referred to in the first and third subparagraphs to send them information about the net turnover generated in their territory and in the Union by the third-country undertakings. In this respect, all large undertakings should be subject to the same requirements to report sustainability information publicly. Directive 2006/43/EC requires Member States to ensure that each public-interest entity has an audit committee, and specifies its tasks with regard to the statutory audit. Member States may allow the functions assigned to the audit committee relating to sustainability reporting and relating to the assurance of sustainability reporting to be performed by the administrative or supervisory body as a whole or by a dedicated body established by the administrative or supervisory body.; in paragraph 6, points (a) to (e) are replaced by the following: inform the administrative or supervisory body of the audited entity of the outcome of the statutory audit and, where applicable, of the outcome of the assurance of sustainability reporting and explain how the statutory audit and the assurance of sustainability reporting contributed to the integrity of financial reporting and sustainability reporting respectively, and what the role of the audit committee was in that process; monitor the financial and, where applicable, sustainability reporting process, including the electronic reporting process as referred to in Article29d of Directive2013/34/EU and the process carried out by the undertaking to identify the information reported in accordance with the sustainability reporting standards adopted pursuant to Article29b of that Directive, and submit recommendations or proposals to ensure their integrity; monitor the effectiveness of the undertakings internal quality control and risk management systems and, where applicable, its internal audit, regarding the financial reporting and, where applicable, sustainability reporting of the undertaking, including its electronic reporting process as referred to in Article29d of Directive 2013/34/EU, without breaching its independence; monitor the statutory audit of the annual and consolidated financial statements and, where applicable, the assurance of the annual and consolidated sustainability reporting, in particular its performance, taking into account any findings and conclusions by the competent authority pursuant to Article26(6) of Regulation (EU) No537/2014; review and monitor the independence of the statutory auditors or the audit firms in accordance with Articles 22, 22a, 22b, 24a, 24b, 25b, 25c and25d of this Directive and with Article6 of Regulation (EU) No537/2014, and in particular the appropriateness of the provision of non-audit services to the audited entity in accordance with Article5 of that Regulation;; 1. Once the disclosure of elements, such as targets and the progress towards achieving them, is required, a separate requirement to disclose the outcomes of policies is no longer necessary. That period shall be extended by two months at the initiative of the European Parliament or the Council.. The report on the implementation of this amending Directive should be published by 30April 2029 and every three years thereafter, and should be accompanied, if appropriate, by legislative proposals. The audit firm shall provide the key audit partner(s) with sufficient resources and with personnel that have the necessary competence and capabilities to carry out his, her or its duties appropriately. Any such existing clauses shall be null and void. In November 2022, the European Financial Reporting Advisory Group (EFRAG) published the draft EU sustainability reporting standards that will be used by companies once adopted by the European Commission (expected in June 2023). Parent undertakings shall report the information referred to in paragraphs 1 to 3 of this Article in accordance with the sustainability reporting standards adopted pursuant to Article29b. Don't forget to give your feedback! The Corporate Sustainability Reporting Directive (CSRD) reached a provisional political agreement in June 2022, signaling it will take effect in January 2024 for all relevant companies. Article19a(1) and Article29a(1) of Directive 2013/34/EU require undertakings to disclose information about five reporting areas: business model; policies, including due diligence processes implemented; the outcome of those policies; risks and risk management; and key performance indicators relevant to the business. 2. 6. The information referred to in paragraph 1 shall contain: a brief description of the undertakings business model and strategy, including: the resilience of the undertakings business model and strategy in relation to risks related to sustainability matters; the opportunities for the undertaking related to sustainability matters; the plans of the undertaking, including implementing actions and related financial and investment plans, to ensure that its business model and strategy are compatible with the transition to a sustainable economy and with the limiting of global warming to 1,5 C in line with the Paris Agreement under the United Nations Framework Convention on Climate Change adopted on 12December 2015 (the Paris Agreement) and the objective of achieving climate neutrality by 2050 as established in Regulation (EU) 2021/1119 of the European Parliament and of the Council(*8), and, where relevant, the exposure of the undertaking to coal-, oil- and gas-related activities; how the undertakings business model and strategy take account of the interests of the undertakings stakeholders and of the impacts of the undertaking on sustainability matters; how the undertakings strategy has been implemented with regard to sustainability matters; a description of the time-bound targets related to sustainability matters set by the undertaking, including, where appropriate, absolute greenhouse gas emission reduction targets at least for 2030 and2050, a description of the progress the undertaking has made towards achieving those targets, and a statement of whether the undertakings targets related to environmental factors are based on conclusive scientific evidence; a description of the role of the administrative, management and supervisory bodies with regard to sustainability matters, and of their expertise and skills in relation to fulfilling that role or the access such bodies have to such expertise and skills; a description of the undertakings policies in relation to sustainability matters; information about the existence of incentive schemes linked to sustainability matters which are offered to members of the administrative, management and supervisory bodies; the due diligence process implemented by the undertaking with regard to sustainability matters, and, where applicable, in line with Union requirements on undertakings to conduct a due diligence process; the principal actual or potential adverse impacts connected with the undertakings own operations and with its value chain, including its products and services, its business relationships and its supply chain, actions taken to identify and monitor those impacts, and other adverse impacts which the undertaking is required to identify pursuant to other Union requirements on undertakings to conduct a due diligence process; any actions taken by the undertaking to prevent, mitigate, remediate or bring an end to actual or potential adverse impacts, and the result of such actions; a description of the principal risks to the undertaking related to sustainability matters, including a description of the undertakings principal dependencies on those matters, and how the undertaking manages those risks; indicators relevant to the disclosures referred to in points (a) to (g). For undertakings that operate in sectors particularly reliant on natural resources, sector-specific sustainability reporting standards would require the disclosure of nature-related impacts on and risks for biodiversity and ecosystems. Statutory auditors or audit firms that carry out the assurance of sustainability reporting should have a high level of technical and specialised expertise in the field of sustainability. in Article30, paragraph 1 is replaced by the following: 1. The Commission shall adopt by 30June 2024 a delegated act in accordance with Article49 supplementing this Directive to provide for sustainability reporting standards for third-country undertakings that specify the information that is to be included in the sustainability reports referred to in Article40a. Where an undertaking does not have a website, Member States may require it to make a written copy of its management report available upon request. A9-0059/2022. Those Articles do not, however, require undertakings to make references to other information in the management report or to add additional explanations to that information. the third and fourth subparagraphs are replaced by the following: The Commission shall, in accordance with the procedure referred to in Article27(2) of this Directive, take the necessary decisions on the equivalence of accounting standards under the conditions set out in Article30(3) of this Directive and on the equivalence of sustainability reporting standards as referred to in Article29b of Directive 2013/34/EU which are used by third-country issuers. The statutory auditor or the audit firm shall retain any other data and documents that are of importance in support of the assurance report on sustainability reporting referred to in Article28a and for monitoring compliance with this Directive and other applicable legal requirements as regards the assurance of sustainability reporting. (32)Regulation (EC) No1893/2006 of the European Parliament and of the Council of 20December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No3037/90 as well as certain EC Regulations on specific statistical domains (OJL393, 30.12.2006, p.1). The absence of an assurance requirement concerning sustainability reporting, in contrast to the requirement for the statutory auditor to carry out statutory audits based on a reasonable assurance engagement, would threaten the credibility of the sustainability information disclosed, thus failing to meet the needs of the intended users of that information. Do you want to help improving EUR-Lex ? For reasons of coherence, it is appropriate to use a similar classification to identify the environmental factors that should be addressed by sustainability reporting standards. The reporting requirements laid down in the delegated acts referred to in the first subparagraph shall not enter into force earlier than four months after their adoption by the Commission. 1. The Proposal extends the personal scope of application to all large companies and all companies listed on regulated markets, except listed micro In the event that the third-country undertaking does not provide the assurance opinion in accordance with the first subparagraph, the subsidiary undertaking or branch shall issue a statement indicating that the third-country undertaking did not make the necessary assurance opinion available. Small and medium-sized undertakings whose securities are not admitted to trading on a regulated market in the Union should also have the possibility of choosing to use such proportionate standards on a voluntary basis. 3. Where the sustainability report together with the assurance opinion and, where applicable, with the statement published in accordance with paragraph 1 of this Article, are not made accessible, free of charge, to the public on the website of the register referred to in Article16 of Directive (EU) 2017/1132, Member States shall ensure that the sustainability report together with the assurance opinion and, where applicable, with the statement published by the undertakings in accordance with paragraph 1 of this Article, are made accessible to the public in at least one of the official languages of the Union, free of charge, no later than 12 months after the balance sheet date of the financial year for which the report is drawn up, on the website of the subsidiary undertaking or the branch as referred to in Article40a(1) of this Directive.; the title of Chapter 11 is replaced by the following: 1.
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