Defining Issues | December 2022

Insight

US company impact of EU ESG reporting requirements

Corporate Sustainability Reporting Directive now formally adopted by the EU.

Julie Santoro

Julie Santoro

Partner, Dept. of Professional Practice, KPMG US

+1 212-954-1086

Bryce Ehrhardt

Bryce Ehrhardt

Managing Director, Dept. of Professional Practice, KPMG US

+1 614-241-4658

Now adopted by the EU: The Corporate Sustainability Reporting Directive (CSRD) amends and significantly expands the existing EU requirements for sustainability reporting – both in terms of the number of companies in scope and the nature of the sustainability reporting. It is estimated that the scope would extend from less than 12,000 to nearly 50,000 companies just in the EU. The European Commission originally proposed the CSRD in April 2021. On November 10, 2022, the EU Parliament adopted the CSRD with strong support. Most recently, on November 28, 2022, the CSRD was formally adopted by the European Council.

Looking ahead, the CSRD will be signed and published in the EU Official Journal and take effect 20 days later. Thereafter, member states will have 18 months to transpose the directive into their local law for it to become effective for financial years 2024, as planned.

Source and applicability

  • Companies with listed securities in the EU, some non-EU parents (including US companies) of EU subsidiaries, and non-EU subsidiaries of EU parents that meet the scoping requirements

CSRD development

  • April 21, 2021 – Initial EU Directive proposals issued
  • February 22, 2022 – Targeted revisions to the EU Directive proposals issued
  • June 21, 2022 – European legislative bodies reached provisional agreement on the CSRD
  • November 10, 2022 – EU Parliament adopted the CSRD proposal
  • November 28, 2022 – EU Council adopted the CSRD

Proposed effective dates

Company type
Effective date Year of initial application

Companies subject to the existing Non-Financial Reporting Directive (NFRD)                                                                                    

January 1, 2024

2025 (i.e. companies would have to issue their 2024 sustainability report in 2025)

Large companies not currently subject to the NFRD     

January 1, 2025

2026

Small and medium-sized listed companies

January 1, 2026 2027

 

Have an option to opt out of CSRD reporting until 2029 (i.e. effective date of 2028)

Small and non-complex credit institutions and captive insurance entities January 1, 2026 2027
Ultimate non-EU parent companies 2028 2029

 

Report contents

  • Fast facts, impacts and actions
  • Background
  • Scoping requirements
    • General scoping
    • Non-EU parent scoping
  • Reporting exemptions
    • The group exemption
    • The ultimate non-EU parent exemption
    • The equivalency exemption
  • Examples
    • EU activity is not substantial
    • EU activity is substantial
  • Application to public interest entities
  • Use of other sustainability reporting frameworks
  • Effective dates
  • Next steps
  • Resources

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