ARTICLE
2 October 2023

CSRD: Proposal To Narrow Scope Of EU Corporate Sustainability Reporting Rules

WF
William Fry
Contributor
William Fry is a leading full-service Irish law firm with over 310 legal and tax professionals and 460 staff. The firm's client-focused service combines technical excellence with commercial awareness and a practical, constructive approach to business issues. The firm advices leading domestic and international corporations, financial institutions and government organisations. It regularly acts on complex, multi-jurisdictional transactions and commercial disputes.
Thousands of companies are expected to be brought out of scope of sustainability reporting rules under the Corporate Sustainability Reporting Directive (CSRD)...
European Union Corporate/Commercial Law
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Thousands of companies are expected to be brought out of scope of sustainability reporting rules under the Corporate Sustainability Reporting Directive (CSRD) and the Taxonomy Regulation following a proposal by the Commission to increase the monetary thresholds triggering such reporting rules.

Background

Under CSRD and the Taxonomy, large companies, large groups and EU-listed small and medium (other than micro) companies are subject to sustainability reporting along with non-EU companies with significant activities in the EU (see previous briefings here and here for further details). A company/group qualifies as large, medium or small if it meets 2 out of the 3 relevant size criteria set out under the Accounting Directive. The size criteria include both monetary and employee criteria with the monetary criteria set by reference to balance sheet total and net turnover.

Commission proposal

The Commission proposes revising the monetary criteria for all types of companies, which revisions will result in a reduced number of companies subject to sustainability reporting under CSRD and the Taxonomy. The current and proposed monetary criteria are set out in the table below. No change is proposed to the employee criteria which is to remain the same across all classifications.

    Balance Sheet Net Turnover
Micro companies Current 350,000 700,000
Proposed 450,000 900,000
Small (lower end) companies/ groups Current 4,000,000 8,000,000
Proposed 5,000,000 10,000,000
Small (higher end*) companies/groups Current 6,000,000 12,000,000
Proposed 7,500,000 15,000,000
Medium/large companies/ groups Current 20,000,000 40,000,000
Proposed 25,000,000 50,000,000

* Member States have the flexibility to define the thresholds for small companies/groups provided such thresholds do not exceed those set out for small (higher end) companies/groups.

Next Steps

The Commission expects to adopt proposals in Q4 2023 with a requirement for Member States to apply transposing measures for financial years beginning on or after 1 January 2024 i.e., the first CSRD application date.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
2 October 2023

CSRD: Proposal To Narrow Scope Of EU Corporate Sustainability Reporting Rules

European Union Corporate/Commercial Law
Contributor
William Fry is a leading full-service Irish law firm with over 310 legal and tax professionals and 460 staff. The firm's client-focused service combines technical excellence with commercial awareness and a practical, constructive approach to business issues. The firm advices leading domestic and international corporations, financial institutions and government organisations. It regularly acts on complex, multi-jurisdictional transactions and commercial disputes.
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