The EU Sustainability Reporting Standards (ESRS) are now officially a Delegated Regulation, having been agreed by the President von der Leyen and the College of Commissioners. Barring an unexpected rejection by the co-legislators in the next two months (they can reject the standards, but cannot amend them), this is the final, fixed version of the ESRS.
The new ESRS will apply to all European companies within the CSRD scope from 2027. The first-wave companies can already use them from 2026. They will also form the basis for the version of the standards that will apply to third-country groups, i.e. those with parent companies outside of the EU, known as the ESRS-TC.
The EU Commission has largely respected the technical expert advice delivered by the EU standard-setter (EFRAG). However, facing intense lobby pressure, it weakened and modified several important disclosure requirements - including on GHG emissions and specific environmental and human rights disclosures.
Filip Gregor, Head of Responsible Companies at Frank Bold and member of EFRAG’s Sustainability Reporting Board states:
“On balance, the Commission has respected the technical advice and careful considerations by EFRAG, which delivered a genuinely significant outcome: a framework that is substantially simpler, more accessible to companies, and yet designed to produce meaningful reports rather than compliance exercises. Where the Commission chose to override the technical advice, it seems to have listened to those who wanted less transparency - from GHG emissions to microplastics to human rights. These changes will not reduce reporting burden, but they will create gaps in information available to investors and stakeholders. That said, even with these dilutions, the standards retain their core integrity, and companies applying them in good faith will be far better placed to provide relevant and genuinely useful sustainability information."
Companies reporting under the CSRD, and those that voluntarily choose to follow EU disclosure rules designed for large businesses, will be able to apply the revised ESRS from next year. The standards now enter a two-month scrutiny period, during which co-legislators (the European Parliament and the Council) may raise an objection or allow them to pass without opposition.
If you want to receive regular updates and more detailed analyses, register to our newsletter or follow our LinkedIn page.
On September 28, Frank Bold will hold the Creating Sustainable Companies Summit gathering leading thinkers, businesses, policymakers and civil society in Brussels to chart the way to the next generation of corporations and future of corporate governance.
The Brussels office of the public interest law firm Frank Bold is currently recruiting a Legal Research Intern to start immediately full-time, for a period of two months, with the possibility of a four-month extension.
Frank Bold has recently become a certified B Corporation for its activities as a law firm. This new status reflects the firm’s general policy of combining its business activities with socially valuable objectives.