European Commission amends CSRD

The Omnibus package is submitted to the European Parliament and the European Council for approval. This means that the proposal for amendments is still subject to review and negotiations. Once agreement has been reached by the co-legislators, the proposed amendments will enter into force.

The Corporate Sustainability Reporting Directive is a sustainability reporting directive that prescribes how companies should report on sustainability. The CSRD aims to increase the transparency of ESG performance of companies and to make information more reliable and better comparable.

 

As part of the Omnibus package, the following adjustments have been proposed:

  • Reduction of scope of companies required to report: all companies with up to 1000 employees and €50 million turnover are outside of scope of the CSRD. This means a reduction of an estimated 80% of companies in scope of CSRD
  • Protection of small-medium enterprises: smaller companies are protected from excessive information requests that they receive when included in the value chain of larger companies and from financial institutions, such as banks
  • Reduction of EU Taxonomy obligations: for companies with more than 1000 employees and a turnover below €450m, it will become voluntary to report Taxonomy
  • New voluntary standards: companies that are currently outside the scope of CSRD and EU Taxonomy, can choose to report according to the voluntary reporting standards of EFRAG, the so-called voluntary standards for SMEs (VSME). Companies in scope for CSRD cannot request more information from smaller, out-of-scope companies than prescribed in these voluntary standards
  • Revision of ESRS standards: the European Sustainability Reporting Standards (ESRSs) are being revised with the aim of substantially reducing the number of data points, clarifying provisions deemed unclear, improving consistency with other pieces of legislation and reducing the number of data points
  • Deletion of sector-specific standards: these were still under development and will not be required for reporting
  • Removed ‘reasonable assurance’ standard: the auditor can assess according to the principle of ‘limited assurance’ and does not have to provide a higher level of assurance
  • Postponement of reporting requirements: the Omnibus package proposes postponing the the reporting requirements for large companies that have not yet started implementing the CSRD and for listed SMEs (wave 2 and 3) for two years. This should give co-legislators time to agree to proposed changes of the Omnibus.
  • For companies with more than 1000 employees and more than €50 million in turnover ór €25 million on the balance sheet, the reporting standards will be simplified, for example by reducing the number of mandatory data points
  • For companies that remain in scope and have to report in 2026 or 2027 (waves 2 and 3), a two-year postponement of the reporting obligations is proposed
  • For companies that are smaller (less than 1000 employees) and do want to report on sustainability, a good and simplified framework is available with the voluntary reporting standards (VSME). This protects these companies from too much administrative burden by CSRD
  • The important foundation of ‘double materiality’ remains applicable and the double materiality analysis is also part of the voluntary reporting standards. For companies that fall out of scope by the changes of Omnibus and have already taken CSRD steps, the double materiality analysis therefore remains of value.

Although fewer companies are required to report under the CSRD, the CSRD legislation remains a powerful framework for companies to gain insight into and report on their ESG performance. We see the CSRD not only as a guideline for sustainability reporting – the CSRD’s framework provides tools for steering ESG performance. It also provides a clear language for sustainability, enabling ESG to be part of a future-proof strategy. In other words, CSRD offers companies the opportunity to gain insights and increase their impact.

 

For questions, please contact our colleagues Malou Bok (malou.bok@beenmc.com) and Niek Molenhuis (niek.molenhuis@beenmc.com).

 

 

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