Understanding the EU’s Corporate Sustainability Reporting Directive (CSRD): A Guide for Companies

Author: Destiny Aigbe

October 29, 2024

The Corporate Sustainability Reporting Directive (CSRD), established as Directive (EU) 2022/2464, represents a cornerstone of the EU’s vision to enhance corporate accountability and transparency in sustainability reporting. Set to apply to a broader range of companies than its predecessor (the Non-Financial Reporting Directive, or NFRD), the CSRD mandates clear, consistent, and comparable disclosures on environmental, social, and governance (ESG) metrics from 2025 onwards. Here’s an overview of what this directive entails and how it impacts EU-based and international companies.

What is the CSRD?

As part of the EU Green Deal, the CSRD enhances the quality and scope of sustainability information companies provide, increasing transparency for stakeholders and aligning corporate operations with the EU’s sustainable finance agenda. This directive aims to channel investments into sustainable businesses, focusing on companies’ impact on people, the environment, and overall sustainability efforts.

Who is Required to Report?

The CSRD applies to:

  • All large companies meeting at least two of these criteria: a €25 million balance sheet total, €50 million net turnover, and an average of 250 employees.
  • EU-listed companies on regulated markets, including small and medium-sized enterprises (SMEs), excluding micro-enterprises.
  • Non-EU companies with substantial EU business operations, specifically those with a net sales threshold over €150 million in the EU and at least one large EU subsidiary, an EU-listed entity, or an EU branch.

Key Reporting Obligations and Timeline

The directive mandates sustainability reporting on the financial year 2025 for large EU and non-EU listed companies with over 500 employees. For smaller companies and specific subsidiaries, the reporting timeline extends to 2026 and beyond, offering a phased approach to allow companies time to adjust to the new standards.

Reporting Standards Under CSRD

The CSRD requires companies to disclose comprehensive sustainability practices, using the European Sustainability Reporting Standards (ESRS). Reports should detail a company’s environmental impact, including carbon emissions, resource dependencies, and social and governance factors like equal opportunities, anti-corruption practices, and stakeholder engagement. Reporting must cover both quantitative and qualitative KPIs, ensuring a full value chain perspective.

Role of Auditors and Assurance

In a significant shift towards accountability, the CSRD mandates that sustainability disclosures undergo external audit and verification, heightening the credibility of the data reported. This shift positions auditors as key players in ensuring compliance with the directive’s transparency objectives.

Penalties and Compliance

Non-compliance with the CSRD could result in penalties, as set out by individual EU Member States’ national laws, underscoring the need for businesses to adhere to the directive. Companies are urged to develop robust ESG data management systems to minimize compliance risks.

Integration with Other EU Regulations

The CSRD aligns closely with the EU Taxonomy Regulation and the Sustainable Finance Disclosure Regulation (SFDR), creating a cohesive framework for ESG reporting across the EU. This integration supports the EU’s broader goal of steering investments towards sustainable businesses.

About the Author

Destiny Aigbe

Managing Partner

Aigbe Law PLLC | Dark Alpha Capital

A Corporate and Securities Law Firm

With a robust foundation in law and finance, Destiny Aigbe has carved a distinguished career, underpinned by his pivotal role in orchestrating and managing complex transactions that have propelled companies to significant growth and market prominence. As a seasoned attorney and strategic advisor, Destiny has been instrumental in facilitating over $75 million in capital raises, demonstrating a keen acumen for securing funding and fostering investor confidence.

Destiny's leadership in the execution of six successful public listings, through meticulously structured reverse mergers and registration statements, showcases his adeptness in navigating the intricacies of the public markets and his capacity to guide companies through transformative growth phases. His involvement in five mergers as an operator further illustrates his versatile skill set, extending beyond legal expertise to include hands-on management and operational strategy, though these ventures did not involve funding.

Destiny's professional journey is marked by a commitment to excellence and a diverse range of experiences, from representing a wide spectrum of clients including public and private companies, and investment firms, to holding significant roles within the US government. His tenure with the US Department of State and the National Institutes of Health highlights his adaptability and his contribution to the advancement of entrepreneurial ventures in sectors like biotechnology and nanotechnology through strategic funding initiatives.

An alumnus of Vanderbilt University Law School, Destiny focused on Finance and Mergers & Acquisitions, further honing his expertise with a certificate in Law and Business. His foundational education in Finance was obtained with honors from the University of Maryland's Robert H. Smith School of Business, which laid the groundwork for his subsequent achievements in investment banking and legal practice.

Residing in the Washington, D.C. area, Destiny Aigbe continues to leverage his extensive experience and insightful leadership to drive innovation, growth, and success for his clients and the ventures he is involved with.

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