Leading NGOs working on corporate sustainability and sustainable finance have published a briefing with key recommendations to help clarify directors’ responsibilities to oversee sustainability that fully fit with existing company law and corporate governance frameworks across Europe.
The briefing follows a public letter sent by NGOs to DG Justice Commissioner Didier Reynders and Executive Vice-President Frans Timmermans in support of the EU Commission plans on Sustainable Corporate Governance (SCG) and responding to recent criticism.
The SCG initiative, which was included in the Sustainable Finance Action Plan and the EU Green Deal, is set to provide solutions to two issues:
The NGOs are presenting detailed recommendations for the latter part of the initiative. The involvement of boards is paramount to ensure that companies are able to consider and take the necessary strategic decisions with regards to the management of sustainability risks and impacts, and integrate them in overall corporate strategies and business operations.
More specifically, our recommendations tackle the need for coherence and alignment within the corporate and financial market regulatory framework in Europe. In this regard, connecting the dots between companies’ sustainability reporting and upcoming due diligence obligations requires effective governance and oversight from the company’s senior management and the board. Our proposals are therefore divided into two categories to ensure an effective reform:
Filip Gregor, Head of Responsible Companies Section at Frank Bold, states: Board members already have wide discretion to take account of sustainability matters. However, as shown by the Alliance for Corporate Transparency research on 1000 large EU corporations’ non-financial (sustainability) reports, less than 15% of companies provide insights on the integration of sustainability in core business strategy, Board discussions, and performance incentives. The solution to this gap in practice is simple. To bring sustainability on the board's agenda, withing the existing directors' duties, the European Commission's sustainable corporate governance reform should specify board's procedural obligation to provide oversight of corporate sustainability risk management and due diligence obligations."
If you have any questions, please write to susanna.arus@frankbold.org
The Czech government presented five key priorities it wants to focus on during the Presidency of the Council of the European Union, beginning on 1 July. The priorities include post-war reconstruction of Ukraine, energy security, strengthening European defence and cybersecurity, as well as the resilience of the European economy and of democratic institutions. However, according to Frank Bold experts, there is a lack of emphasis on the green transition - which is crucial for both energy security and economic resilience.
An unprecedented decision was made at the Municipal Court in Prague in the historically first Czech climate litigation, for which Frank Bold Advokáti provided legal expertise.
European companies can now take a look at the draft sustainability reporting standards they will report against in the coming years. The drafts were developed by the EFRAG Project Task Force on EU Sustainability Reporting Standards, with the participation of two Frank Bold representatives - Head of the Responsible Companies Section Filip Gregor, and Joanne Houston, from Frank Bold's Brussels office. Both experts will continue contributing to the development of the EU standards as members of the newly established EFRAG Sustainability Pillar.
