Disclaimer:

Transcription

1 1 of 7 3/25/2019, 9:25 AM Contribution ID: 8c4ac079-a d-af15-cac74ff2a427 Date: 20/03/ :17:37 Fields marked with * are mandatory. Disclaimer: Nothing in this document commits the European Commission or prejudices any decision by the Commission regarding the update of the the non-binding guidelines on non-financial reporting. The non-financial reporting Directive (2014/95/EU) ( requires large public interest entities with over 500 employees (listed companies, banks, and insurance companies) to disclose certain non-financial information. As required by the directive, the Commission has published non-binding guidelines ( to help companies disclose relevant non-financial information in a more consistent and more comparable manner. In March 2018 the Commission published the action plan on financing for sustainable growth ( with the aim of reorienting capital towards sustainable investment, managing financial risks that arise from climate change and other environmental and social problems, and fostering transparency and long-termism in financial and economic activity. As part of that action plan the Commission committed to updating the non-binding guidelines on nonfinancial reporting, specifically with regard to the reporting of climate-related information. In practice, it is expected that the update will consist of a new supplement to the existing guidelines. The Commission expects to publish the new supplement on the reporting of climate-related information in June In June 2018, the European Commission set up a technical expert group on sustainable finance (TEG) ( to assist in four key areas of the action plan through the development of

2 2 of 7 3/25/2019, 9:25 AM 1. a unified classification system for sustainable economic activities (taxonomy), 2. an EU green bond standard, 3. benchmarks for low-carbon investment strategies, 4. new guidelines on the reporting of climate-related information. In January 2019 the TEG published its report on climate-related disclosures ( /info/publications/ sustainable-finance-teg-report-climate-related-disclosures_en). The TEG invited feedback on its report by 1 February 2019, and approximately 70 organisations and individuals submitted comments. The TEG has published a summary of these comments ( /info/files/ sustainable-finance-teg-report-climate-related-disclosures-summary-of-responses_en). The Commission has taken into account the TEG report and the feedback received from stakeholders on that report and is now consulting stakeholders on the update of the non-binding guidelines before their planned adoption in June Stakeholders are invited to provide written comments by 20 March. The consultation document ( takes account of the TEG report and of stakeholder feedback on that report. This document has been drafted by the services of the European Commission to facilitate a targeted consultation with interested stakeholders on the possible content of the new supplement to the nonbinding guidelines. Comments on this document should be submitted by the end of Wednesday 20 March 2019, through this online facility created for this purpose. Comments submitted after that date, and comments not submitted through the online facility, will not necessarily be taken into consideration. Nothing in this document commits the European Commission or prejudices any decision by the Commission regarding the update of the the non-binding guidelines on non-financial reporting. More information: consultation document on the update of the non-binding guidelines on non-financial reporting ( on this consultation ( on the protection of personal data regime for this consultation ( non-financial-reporting-guidelines-specific-privacy-statement_en) * Are you replying as: a private individual an organisation or a company

3 a public authority or an international organisation * Name of your organisation: Association of the Luxembourg Fund Industry Contact address: The information you provide here is for administrative purposes only and will not be published info@alfi.lu * Is your organisation included in the Transparency Register? (If your organisation is not registered, we invite you to register here ( /transparencyregister/public/homepage.do?locale=en), although it is not compulsory to be registered to reply to this consultation. Why a transparency register? ( /staticpage/displaystaticpage.do?locale=en&reference=why_transparency_register)) Yes No * If so, please indicate your Register ID number: * Type of organisation: Academic institution Company, SME, micro-enterprise, sole trader Consultancy, law firm Consumer organisation Industry association Media Non-governmental organisation Think tank Trade union Other * Where are you based and/or where do you carry out your activity? Luxembourg * Field of activity or sector (if applicable): at least 1 choice(s) Accounting Auditing Banking Credit rating agencies Insurance Pension provision Investment management (e.g. hedge funds, private equity funds, venture capital funds, money market funds, securities) Market infrastructure operation (e.g. CCPs, CSDs, Stock exchanges) Social entrepreneurship Other Not applicable 3 of 7 3/25/2019, 9:25 AM

4 4 of 7 3/25/2019, 9:25 AM * Contributions received are intended for publication on the Commission s website. Do you agree to your contribution being published? (see specific privacy statement ( ) Yes, I agree to my response being published under the name I indicate (name of your organisation/company/public authority or your name if your reply as an individual) No, I do not want my response to be published 1. Do you have any comments on Chapter 2 How to use these guidelines ( /banking_and_finance/documents/2019-non-financial-reporting-guidelinesconsultation-document_en.pdf#chapter-2) We welcome the initiative to provide guidelines on climate-related disclosure s. We also welcome the proposal to align TCFD and NFRD. TCFD has indeed becom e an industry standard, it is therefore important to align to this standard. We support the opportunity to disclose for now on a voluntary basis, or a co mply or explain basis as we do appreciate that there are companies today that have little perceived material climate risks Companies should clearly explai n why disclosures are not necessary. In time the Commission should move towar ds making disclosure of this information mandatory, in order to improve consi stency and comparability of data. Regarding the proposed disclosures categories, we believe Type 1 and 2 catego ries should be clearly defined. We would welcome a more top level definition and an explanation on the objectives of defining two categories. If the objective is to segregate type one and two as stages in the maturity a long the sustainability path, where type one is only the initial phase, then we would favor this approach. 2. Do you have any comments on Chapter 3.1 Business Model ( /banking_and_finance/documents/2019-non-financial-reporting-guidelinesconsultation-document_en.pdf#chapter-3-1)

5 5 of 7 3/25/2019, 9:25 AM Not all businesses will have disclosures to make for type 2. We favor disclosure on the two aspects: both the impact of climate on compani es and the impact of companies on climate. However, while we agree with the i mportance of implementing scenarios analysis for climate risk, the technical know-how and the lack of standardized data is still challenging and should be considered as a type two disclosure. 3. Do you have any comments on Chapter 3.2 Policies and Due Diligence Processes ( /banking_and_finance/documents/2019-non-financial-reporting-guidelinesconsultation-document_en.pdf#chapter-3-2) We welcome the transparency of the due diligence process as investors in inve stee companies. It is particularly important that climate risk is being dealt at board and management level. However, in view of the nature of the disclosu res, we would suggest to insert in type one a mandatory declaration from inve stee companies to explain why target policy on climate are not in place. While we appreciate that the success of a climate policy or target is a valid element in determining accountability and should be mentioned within the clim ate policy, we believe no further specific disclosures are necessary within a published remuneration policy. We would thus change the below sentence as fol lows: Describe whether the company s remuneration policy takes account of climate r elated performance. 4. Do you have any comments on Chapter 3.3 Outcomes ( /info/sites/info/files/business_economy_euro/banking_and_finance/documents /2019-non-financial-reporting-guidelines-consultationdocument_en.pdf#chapter-3-3) No specific comments. 5. Do you have any comments on Chapter 3.4 Principal Risks and Their Management ( /banking_and_finance/documents/2019-non-financial-reporting-guidelines-

6 6 of 7 3/25/2019, 9:25 AM consultation-document_en.pdf#chapter-3-4) The financial performance of the company should be in Type 1 (i.e. item 5 of type 2 Categorise the risks of climate change on the financial performance should be moved to type 1 disclosures). The definition of risk terminology should also be in type 1 (Move Item 7 Pro vide definitions of risk terminology used to type 1 disclosures). 6. Do you have any comments on Chapter 3.5 KPIs ( /info/sites/info/files/business_economy_euro/banking_and_finance/documents /2019-non-financial-reporting-guidelines-consultationdocument_en.pdf#chapter-3-5) We agree with the proposals in this chapter but we would like to raise the po int that depending on the sector and materiality, scope 3 measures (as define d in table 5 P. 19) can be more or less relevant and measurable. 7. Do you have any comments on Annex I Proposed disclosures for Banks and Insurance companies ( /business_economy_euro/banking_and_finance/documents/2019-non-financialreporting-guidelines-consultation-document_en.pdf#annex-1) to the report? Given the systemic role of banking and insurance institutions and their risk towards climate transitioning and stranded assets we do favor the disclosure of climate related risks. 8. Do you have any comments on Annex II Mapping of NFRD requirements and TCFD recommended disclosures ( /business_economy_euro/banking_and_finance/documents/2019-non-financialreporting-guidelines-consultation-document_en.pdf#annex-2) to the report? Regarding the asset management activity disclosures, while the breakdown in a sset classes is an important part of understanding the financial risk of the asset under management, structured products and derivatives may be less relev ant to include in regards to climate change risk assessment.

7 7 of 7 3/25/2019, 9:25 AM 9. Do you have any additional comments on the report as a whole? We welcome the holistic manner in which NFRD deals with all climate risks as well as social and governance risks. We believe that the TCFD as a standalone risk mechanism is an appropriate and well accepted standard and should remain concentrated on negative financial materiality regarding climate risks withou t including (positive or negative) environmental & social materiality or gove rnance. We welcome the frequency of which the mention of climate related opportunitie s in the NFRD, which we believe will create new avenues of financing and inno vation. Useful links More on the Transparency register ( /homepage.do?locale=en) ( More on this consultation ( ( Specific privacy statement ( ( Consultation document ( ( Contact fisma-non-financial-reporting-guidelines@ec.europa.eu