EU taxonomy to provide clarity for four additional environmental objectives
“Good things take time”. Whether or not this saying (continues to) apply to the EU environmental taxonomy is, at the very least, controversial. Almost a year and half later than originally planned, on 5 April 2023, the European Commission published a draft detailing the technical screening criteria for the remaining four environmental objectives within the taxonomy regulation. Stakeholders such as businesses, financial institutions, associations, NGOs, public bodies and private citizens were able to comment on the draft as part of a four-week long consultation. The Association of German Banks took part in this consultation via their membership in the German Banking Industry Committee (GBIC) and the European Banking Federation (EBF).
What are the drafts of the European Commission about?
New technical screening criteria for the classification of economic activities
The EU taxonomy is a classification system which establishes a list of environmentally sustainable economic activities. The goal is to support sustainable investments by providing common criteria for use by investors, businesses and policymakers. The taxonomy for the first two climate goals “climate change mitigation” and “climate change adaptation” was published in July 2021. The technical screening criteria for the four remaining goals, that is “sustainable use and protection of water and marine resources,” “transition to a circular economy,” “pollution prevention and control” and “protection and restoration of biodiversity and ecosystems” have not yet been defined.
Now the European Commission is taking action. Suggestions put forward between March and November 2022 by the EU Platform on Sustainable Finance, an independent advisory body to the European Commission, serve as the basis for the drafts. According to a summary published by the German Wirtschaftsprüferkammer, or Chamber of Auditors, the environmental taxonomy now includes criteria for:
- 6 new economic activities for the protection of water and marine resources
- 21 new economic activities for the transition to a circular economy
- 6 new economic activities for pollution prevention and control
- 2 new economic activities for protecting biological diversity
In addition, the European Commission is adjusting the screening criteria for its climate objectives and adding new activities to the taxonomy:
- 18 revised and 7 new economic activities for climate change mitigation
- 15 revised and 6 new economic activities for climate change adaptation
The additional economic activities pertaining to climate are largely focused on several key components for low-carbon modes of transport and electrical devices as well as some transition activities in the transport industry. The fact that aviation and shipping have now been included in the taxonomy has triggered criticism from a variety of different groups. This is because according to the draft, investments in air and marine transport equipped with the latest propulsion technologies could, in the future, be classified as eco-friendly – even if they use fossil fuels.
In general, it should be clear that the technical screening criteria should be scientifically sound, appropriate and ambitious – especially when adding new economic sectors to the taxonomy. It’s the only way for the taxonomy to remain credible.
Adjustments to reporting requirements
In addition to the new and revised technical screening criteria, the European Commission has also suggest making changes to the delegated act regarding taxonomy disclosures. The goal is to ensure that disclosure requirements to be met by non-financial and financial businesses are adjusted accordingly, while simultaneously correcting some technical errors.
According to the draft, non-financial businesses will be required to disclose the taxonomy eligibility of their revenues, investments and operating expenses for the new environmental objectives as early as 2024, and to disclose taxonomy alignment as of 2025. Financial companies are also required to disclose taxonomy eligibility as of 2024 and report on taxonomy alignment starting in 2026.
Note: in Article 5 of the amendment to the delegated act (EU) 2021/2178, the European Commission earmarks 31 December 2024 as the final date for reporting on taxonomy eligibility for financial companies. We therefore suspect, given that the start date is listed as 2026 for taxonomy alignment reporting obligations and given the need to provide company data one year in advance, that this may be an error and have therefore addressed the issue in our GBIC comment).
The fact that the new reporting obligations must now be met within less than a year is incredibly ambitious, considering the complexity involved. As a general rule, businesses and banks with an obligation to disclose this information, including their data/software service providers, assume that the implementation period for doing so will be at least 12 months long. We therefore propose postponing all new reporting requirements for financial and non-financial companies for a year.
New online tools
During the consultation, the European Commission published the EU Taxonomy Navigator. The navigator is based on the existing EU Taxonomy Compass and offers a series of online tools designed to help users:
- improve their understanding of the EU taxonomy
- simplify implementation of the taxonomy
- support businesses with their obligation to disclose
In addition, the Commission plans to introduce a stakeholder request mechanism. The goal is to give stakeholders the opportunity to make suggestions, which could relate to new activities to be included in the EU taxonomy or potential changes to technical screening criteria for existing activities.
What comes next?
The European Commission’s four-week feedback period ended on 3 May 2023. After assessing a total of 508 submitted comments, the European Commission will decide whether to make any changes to the act and its annexes. It is expected that the Commission will pass the act as early as summer 2023.
The European Parliament and Council then have four months to consider the delegated act. This deadline can be extended by an additional two months if either the parliament or the council requests it. Neither the parliament nor the council has the right to change the delegated act, however they can veto it if they wish to. If neither body objects to the delegated act, it will be published in the European Union’s official journal and come into force on 1 January 2024.