The actions proposed by the Commission’s Action Plan and analysed in this chapter respond to five broad strategies that can be defined as ‘public incentives’, ‘standardisation’, ‘disclosure’, ‘corporate governance’ and ‘financial regulation’. The first strategy consists of fostering investments through financial and technical support for sustainable infrastructure and other projects. In perspective, the European Commission will establish a single investment fund providing support and technical assistance to crowd in private investment. The second strategy includes the establishment of an EU taxonomy of sustainable activities which should help shifting capital flows towards them. It also includes the setting of standards and labels for green financial products, which should enhance the trust in the market of these products and ease investors’ access to them. These two strategies will help establishing well-defined and deep markets in sustainable investments and will work as preconditions to the others. The third strategy covers both corporate disclosure and third party information and assessments. The Non-Financial Disclosure Directive is being reviewed and complemented by other measures, such as an impact assessment of IFRS on sustainability. Sustainability benchmarks have been developed in order to allow investors to track and measure performance and allocate assets accordingly. In addition, credit rating agencies and market research services should integrate sustainability into their assessments. The fourth strategy combines sustainable corporate governance with attenuating short-termism in capital markets, and assumes that boards should develop their own sustainability strategies and act in the company’s long-term interest. Both disclosure and corporate governance are traditional strategies in capital markets regulation and functioning, while their extension to sustainability is a reflection of the new interest of investors and corporate stakeholders for ESG issues in addition to financial performance. The fifth strategy implies at least three types of regulatory reform. First, the Markets in Financial Instruments Directive (MiFID II) and the Insurance Distribution Directive (IDD) should be amended in the sense that investment firms and insurance distributors should consider sustainability issues when offering financial advice. Second, fiduciary duties of asset managers and institutional investors should be clarified so as to include ESG factors in the investment processes. Third, ESG should be incorporated in prudential requirements of financial institutions so that they channel their investments towards a more sustainable economy, while reducing the risks deriving from unsustainable economic development. These five strategies represent a very ambitious design of the European Commission which will require multiple actions at all levels. These actions generally require regulation and/or supervision often at EU level, but private incentives and cultural developments towards an environmentally sustainable economic system will also be important in furthering the success of the Action Plan.
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Communication from Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal, COM/2019/640 final, December 11, 2019.
Communication from Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal, COM/2019/640 final, December 11, 2019, paragraph 2.2.1.
Communication from Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal, COM/2019/640 final, December 11, 2019, paragraph 2.2.1.
Proposal for a Regulation of the European Parliament and of the Council on the establishment of a framework to facilitate sustainable investment, COM(2018) 353 final (24 May 2018), p. 1 (Explanatory Memorandum).
Proposal for a Regulation of the European Parliament and of the Council on the establishment of a framework to facilitate sustainable investment, COM(2018) 353 final (24 May 2018), recital (2).
Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 4).
Proposal for a Regulation of the European Parliament and of the Council on the establishment of a framework to facilitate sustainable investment, COM(2018) 353 final (24 May 2018), recital (3).
More or less in parallel, the UNEP joined forces in 1995 with leading insurance and reinsurance companies, forming the UNEP Insurance Industry Initiative, working closely together with the UNEP Financial Institutions Initiative, and subsequently, in 2000, merging into the UNEP Finance Initiative.
Which have become part of the insurance industry criteria of the Dow Jones Sustainability Indices and FTSE4Good and (as of July 2015) representing 83 organisations, including insurers representing approximately 20% of the world premium volume and USD 14 trillion in assets under management.
The Sustainable Insurance Forum (SIF) is a leadership group of insurance supervisors and regulators working together to strengthen their understanding of and responses to sustainability issues facing the insurance sector. As of October 2020, the SIF has 30 jurisdictions as its members.
As of 15 December 2020, the NGFS consists of 83 members and 13 observers, with the US Federal Reserve being among the most recent joiners: https://www.ngfs.net/en/about-us/membership. International or regional financial institutions and international or regional standard setting, regulatory, supervisory and central bank bodies which have demonstrated a proven commitment in sustainable finance are eligible to be NGFS observers.
To this end, pursuant to article 8 of the Taxonomy Regulation, any undertaking which is subject to an obligation to publish non-financial information pursuant to Article 19a or Article 29a of Directive 2013/34/EU shall include in its non-financial statement or consolidated non-financial statement information on how and to what extent the undertaking’s activities are associated with economic activities that qualify as environmentally sustainable under Articles 3 and 9 of the Taxonomy Regulation.
G20 Green Finance Study Group, G20 Green Finance Synthesis Report, 2016; European Commission, Action Plan: Financing Sustainable Growth, COM(2018) 97 final (8 March 2018), pp. 4–5.
These are funds integrating environmental, social and governance factors in their investment decision-making process. European Commission, Action Plan: Financing Sustainable Growth, COM(2018) 97 final (8 March 2018), footnote 20 on p. 5.
European Commission, June 26, 2020, Study: the use of EU ecolabel criteria on UCITS equity funds, https://ec.europa.eu/info/publications/200626-study-eu-ecolabel-criteria-UCITS_en. The study examines the application of the proposed Ecolabel Criterion 1 to a sample of 100 ‘green’ UCITS equity funds domiciled in the EU to determine the eligibility of these funds for the Ecolabel.
In fact, on 20 April 2020, the ESAs launched a specific consultation on draft regulatory technical standards with regard to the content, methodologies and presentation of disclosures pursuant to Article 2a, Article 4(6) and (7), Article 8(3), Article 9(5), Article 10(2) and Article 11(4) of the SFDR.
As defined in article 2(11) of the SFDR. This includes financial market participants providing investment or insurance advice, as well as (e.g.) insurance intermediaries providing advice regarding insurance based investment products (IBIPs).
This means an environmental, social or governance event or condition that, if it occurs, could cause an actual or a potential material negative impact on the value of the investment (article 2(2) SFDR).
Communication from the Commission “A new, modern Multiannual Financial Framework for a European Union that delivers efficiently on its priorities post-2020”—The European Commission’s contribution to the Informal Leaders’ meeting on 23 February 2018.
Commission Delegated Regulation (EU) …/… of XXX, amending Delegated Regulation (EU) 2017/2359 with regard to environmental, social and governance preferences in the distribution of insurance-based investment products, Ref. Ares(2018)2681527—24/05/2018, and Commission Delegated Regulation (EU) …/… of XXX amending Regulation (EU) 2017/565 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive, Ref. Ares(2018)2681500—24/05/2018.
Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1011 on low-carbon benchmarks and positive carbon impact benchmarks, COM(2018) 355 final (24 May 2018).
This project has three components: (i) work to develop and publish a global statement on investors’ obligations and duties; (ii) publishing roadmaps on the policy changes required to achieve full ESG integration in investment practices across eight countries; (iii) extending research into investor’s obligations and duties to six Asian markets.
Proposal for a Regulation of the European Parliament and of the Council on disclosures relating to sustainable investments and sustainability risks and amending Directive (EU) 2016/2341, COM(2018) 354 final (24 May 2018).
Similarly, for insurers, EIOPA is of the opinion that within a risk-based framework like Solvency II any change to capital requirements must be based on a proven risk differential compared to the status quo. Assessment of the underlying risk is therefore also the starting point and guiding principle for the analysis and opinion on capital requirements related to sustainability: EIOPA Opinion on Sustainability within Solvency II EIOPA-BoS-19/241, September 30, 2019, paragraph 4.23. https://register.eiopa.europa.eu/Publications/Opinions/2019-09-30%20OpinionSustainabilityWithinSolvencyII.pdf.
In the period between 12 September 2018 and 3 October 2018, EIOPA has held an online survey for the Call for Advice from the European Commission on potential amendment to the delegated acts under the Insurance Distribution Directive (IDD) and the Solvency II Directive (SII) with regard to the integration of sustainability risks and sustainability factors. EIOPA indicates that, in view of the novelty of the topic, it would like to involve market participants and stakeholders at an early stage seeking their input to build up a suitable ‘evidence base’ for the thorough development of robust policy recommendations, which will be consulted on at a later stage. https://eiopa.europa.eu/Pages/Surveys/Online-survey-on-the-integration-of-sustainability-risks-and-sustainability-factors--in-the-delegated-acts.aspx.