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.
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.
Frank Bold Society and the Neighbourhood Association Uhelná have drawn up a document with seven basic requirements that the Czech side should insist on when negotiating with Poland. See the press release for background information.
In the face of recent opposition addressed to the EU Commission by some business associations and specific governments from Nordic Europe, NGOs have reiterated their support for the European Commission commitment to present an initiative on Sustainable Corporate Governance in 2021, following the roadmap set in the EU Green Deal and the Action Plan on Sustainable Finance.