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6 min read

Sustainable Finance: top 4 regulatory news of the summer not to be missed!

The last three months have been marked by a strong mobilization of French regulators which resulted in the publication of numerous regulatory texts on sustainable finance and climate. WeeFin has summarized for you the 4 key measures of the regulators.
Written by
Sabrine AOUIDA
Published on
10/8/2020

1. The success of the exclusion strategy

In order to test the resilience of the French banking and insurance sector to climate risk, the ACPR launched its climate pilot exercise on July 16, 2020 . This exercise aims to measure the risks, both physical and transitional, to which the institutions are exposed by 2050 and also has a methodological dimension as it seeks to identify the difficulties encountered in conducting this type of exercise (absence or incompleteness of data, limitations or inadequacies of models, etc.).

This exercise is based on the work of the Network for Greening the Financial System (NGFS) and on an analytical framework developed with the teams of the Banque de France, the main features of which are presented in Allen et al (2020).

The ACPR has introduced three scenarios of transition to a low-carbon economy: a reference scenario ( orderly transition) and two adverse transition scenarios (variants 1 & 2) for the period from 2020 to 2050.

The two opposing variants reflect different assumptions about the timing and magnitude of the necessary public measures, as well as about the maturity and cost of technological developments forenergy production and use. Each scenario thus combines different assumptions related to: i) the trajectory of the carbon tax and ii) productivity levels.

The results show the materiality of the negative economic impact of disordered transitions to a low-carbon economy, which materializes as a decrease in GDP, an increase in inflation and unemployment, a rapid increase in the price of carbon, etc.

Banks and insurers will have the second half of 2020 to assess the impact of these assumptions and scenarios on their balance sheets and will provide these measures by filling in the reporting tables (templates) published in the annex.

The results are expected to be available by the end of 2020.

Link to document: https://acpr.banque-france.fr/sites/default/files/medias/documents/principales_hypotheses_pour_lexercice_pilote_climatique.pdf

2. Climate risk management: The ACPR's 4 best practices :

On May 25, 2020, the Autorité de Contrôle Prudentiel et de Résolution (ACPR) published a guide for French banks containing recommendations on governance and climate risk management.

This document is part of the ACPR's work on climate risks under provision V of the TECV law and follows surveys conducted among banking institutions.

In summary, 4 crucial points from the recommendations:

  • Institutional strategy should incorporate climate risks,
  • The internal organization of establishments is a determining factor in ensuring that these risks are effectively controlled
  • The mobilization of all the qualitative and, as far as possible, quantitative tools allows a good understanding of the climatic risks,
  • An external communication policy should be defined based on the principles and recommendations of the TCFD and the guidelines of the European Commission.

3. Sustainable finance and collective investment schemes: the AMF publishes an update of its investor information policy

As part of its activity to support financial players and in order to clarify its doctrine on the extra-financial strategy of investment funds, the AMF published on March 11, 2020 a position-recommendation detailing the extra-financial information that can be disclosed by French funds and foreign funds authorized for marketing in France. A first update of this doctrine was made on July 27, 2020. Here are, in summary, the three main new features:

  1. Broadening of the definition of the ESG approach with 3 degrees of communication (against 2 previously):
  • Central communication on the consideration of extra-financial criteria: this type of communication is reserved for significantly engaging ESG approaches.
  • Reduced communication on the consideration of extra-financial criteria: this type of communication is reserved for ESG approaches that are not significantly engaging.
  • Communication limited to the prospectus: this type of communication is reserved for approaches that do not meet the standards of central or reduced communications

The methods of communication on the taking into account of the extra-financial criteria are described in the table below:

  1. Introduction of a new extra-financial approach presumed to be significantly engaging and allowing asset management companies to communicate on it centrally. Below are the three approaches also recognized by the French SRI label:
  • Significant exclusion from the investable universe,
  • Significant improvement in the fund's extra-financial rating (weighted average of several criteria on ESG pillar indicators) compared to the investable universe,
  • [New]- Improvement of extra-financial indicators" in relation to the investable universe: this approach aims to significantly improve an indicator specifically identified in the fund's legal documentation (e.g. greenhouse gas emissions, gender equity, number or percentage of independent directors, etc.).

  1. Recommendations on controversy management and shareholder engagement policies where communication of the extra-financial approach is central.
  • SGPs must be particularly vigilant about the presence of issuers subject to controversy in their portfolios. To do so, they must adopt policies to prevent and verify controversy,
  • The SGP must indicate in their shareholder engagement policy:
  • Extra-financial commitment objectives by country,
  • Their escalation policy explaining the conditions under which SGP will reinforce its actions vis-à-vis issuers.
  • The SGP must indicate in this policy the possible link between the extra-financial objectives of the fund and the commitment made.

Finally, the timing of the doctrine has changed:

  • For new products: application of the immediate doctrine,
  • For the stock of products existing at the time of publication of the doctrine in March 2020: compliance by March 10, 2021
  • Products under foreign law and authorized for marketing in France created between March 12 and July 27, 2020: application of the doctrine from September 30, 2020.

It should be noted that the AMF has decided to simplify its product transfer procedure by considering changes in managers' product ranges to take into account extra-financial characteristics (without impacting the risk/return profile) as not being subject to approval and that, as such, specific information (letter to shareholders) will have to be provided to investors.

Link to document:https://doctrine.amf-france.org/Reglementation/Doctrine/Doctrine-list/Doctrine?docId=workspace%3A%2F%2FSpacesStore%2F138e8494-3731-476e-a7da-7bf79200c1a2

4. Real estate funds finally have their SRI label

The decree of July 8, published in the Journal Officiel of Thursday, July 23, 2020 crowns three years of work by the French Association of Real Estate Investment Companies (ASPIM), in partnership with the AMF and the Ministry of the Economy, Finance and Recovery.

The SRI label for real estate funds is finally ready and will apply to SCPIs, OPCIs and other non-listed real estate funds

According to ASPIM, real estate FIAs currently represent €230 billion in assets under management, 17,000 buildings in France and Europe, and 59 millionsquare meters of real estate.

The SRI label standard updated on July 23, 2020 and effective October 23 has six pillars for real estate funds:

  • Pillar 1: The objectives sought by the fund through the consideration of ESG criteria for issuers;
  • Pillar 2: Methodology for analyzing and rating issuers implemented by the portfolio management company ;
  • Pillar 3: Taking ESG criteria into account in the construction and life of the portfolio ;
  • Pillar 4: ESG engagement policy with key stakeholders;
  • Pillar 5: Enhanced Transparency;
  • Pillar 6: Highlighting ESG performance monitoring.

The label highlights the key ESG issues for the real estate sector by requiring the reporting of 4 mandatory indicators covering the three areas E, S and G which are broken down as follows

  • Environmental performance: the fund must report at least the two mandatory indicators proposed for "energy" and "greenhouse gas (GHG) emissions",
  • Social/societal performance: the fund must report at least one mandatory indicator among those proposed for the "mobility" and "health/comfort of occupants" themes,
  • Governance performance: the fund must report at least one mandatory indicator on the theme of "supply chain management".

In addition to these 4 mandatory indicators, the fund must also report 4 additional indicators of its choice covering the 3 areas E, S and G.

The real estate approach will be mostly "best in progress" unlike the financial label which prefers "best in class".

In addition, the SRI label has also introduced new requirements for general purpose funds. It now requires funds to provide evidence of the sustainable quality of their investments by showing that they are at all times better than their investment universe on at least two ESG indicators. Another new feature is that it now requires certified funds to translate their SRI strategy into their engagement with issuers, particularly in their voting policy at general meetings.

Link to document:https://www.tresor.economie.gouv.fr/Articles/aafc6489-7b7b-46fe-b97c-790afb2ffba0/files/44648b13-9cdf-4001-a7da-54a6591861fd

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