The European Council has now agreed its negotiating mandate on SFDR 2.0. In several areas, it represents a significant regression from the Commission's proposal and the Parliament's subsequent draft report.
Whereas the Parliament's draft report acknowledged and closed the loopholes we flagged in our analysis of the Commission’s November proposal, the Council is reopening them.
Nonetheless, the Council position still holds the line in certain respects, such as maintaining the non-categorised product disclaimer, as well as the mandatory core Principle Adverse Impact (PAI) indicators, although now only requiring the three PAIs most relevant for the product. The details are left for Level 2 legislation to determine.
In addition, a systemic gap remains with entity-level SFDR disclosures being out of scope across the Commission, Parliament and Council positions. Combined with a possible CSRD/ESRS exemption for asset managers, large parts of the investment sector risk escaping meaningful sustainability reporting altogether.
The Parliament's ECON committee will vote on the Parliament's official position on 15 July, with a plenary vote expected in September. Trilogue negotiations are set to open in Q4 2026, with Level 1 agreement targeted by year-end — followed by Level 2 technical standards developed with ESMA.
In response to demands from investors and companies, the European Commission presented a proposal for a Corporate Sustainability Due Diligence Directive (CSDDD) in February 2022. The Directive is also a response to France, Germany and Norway adopting legislation on due diligence and attempts to harmonize and introduce one European standard of responsible business conduct.
After several months of delay, today, the European Commission presented its proposal for a Corporate Sustainability Due Diligence Directive in Brussels. The main objective of this new legislation is to integrate into European law international standards such as the UN Guiding Principles on Business and Human Rights - adopted globally over a decade ago - and standards developed and approved by the OECD.
What is the content of sustainability due diligence standards, how can companies effectively implement due diligence, and what challenges and benefits does it bring to businesses? These and other questions were answered by speakers at the webinar organised by Frank Bold.