Article 22
Disclosure of environmental, social and governance risks (ESG risks)
1. Institutions shall disclose the information referred to in Article 449a of Regulation (EU) No 575/2013 as specified in Section 21 – ‘Disclosure of prudential disclosures on ESG risks’ in Annex I. That information shall cover all of the following:
(a) |
qualitative information on environmental, social and governance risks; |
(b) |
quantitative information on climate change transition risk; |
(c) |
quantitative information on climate change physical risks; |
(d) |
quantitative information on mitigating actions associated with economic activities that qualify as environmentally sustainable under Article 3 of Regulation (EU) 2020/852 towards those counterparties that are subject to Articles 19a or 29a of Directive 2013/34/EU, towards households, and towards local governments as referred to in Part 1, point 42(b), of Annex V to Commission Implementing Regulation (EU) 2021/451 (12); |
(e) |
quantitative information on other mitigating actions and exposures to climate-change-related risks that do not qualify as environmentally sustainable economic activities under Article 3 of Regulation (EU) 2020/852 but support counterparties in the transition or adaptation process for the objectives of climate change mitigation and climate change adaptation. |
2. Institutions may choose to disclose quantitative information on mitigating actions and exposures on climate-change-related risks associated with economic activities that qualify as environmentally sustainable under Article 3 of Regulation (EU) 2020/852, towards counterparties that are non-financial corporations, that are not subject to the disclosure obligations laid down in Articles 19a or 29a of Directive 2013/34/EU, and that are not subject to the disclosure obligations laid down in Commission Implementing Regulation (EU) 2021/2178 (13).
For the calculation of the percentage of the exposures to activities that comply with the requirements laid down in Article 3 of Regulation (EU) 2020/852 (taxonomy-aligned exposures) towards those counterparties, institutions:
(a) |
may, where available, use the information received from their counterparties on a voluntary and bilateral basis through the loan origination, and regular credit review and monitoring processes; |
(b) |
where the counterparty is not able or willing to provide the data concerned on a bilateral basis, may use internal estimates and proxies and explain in the narrative accompanying the template to what extent those internal estimates and proxies have been used, and which internal estimates and proxies have been applied; |
(c) |
where they are unable to collect on a bilateral basis the information concerned, or cannot use internal estimates and proxies, or cannot collect that information or use those estimates and proxies in a way that is not overly burdensome for them or their counterparties, may explain that inability in the narrative accompanying the template. |
For the purposes of point (a), institutions shall inform their counterparties that the provision of such information is voluntary.
(12) Commission Implementing Regulation (EU) 2021/451 of 17 December 2020 laying down implementing technical standards for the application of Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to supervisory reporting of institutions and repealing Implementing Regulation (EU) No 680/2014 (OJ L 97, 19.3.2021, p. 1, ELI: http://data.europa.eu/eli/reg_impl/2021/451/oj).
(13) Commission Delegated Regulation (EU) 2021/2178 of 6 July 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by specifying the content and presentation of information to be disclosed by undertakings subject to Articles 19a or 29a of Directive 2013/34/EU concerning environmentally sustainable economic activities, and specifying the methodology to comply with that disclosure obligation (OJ L 443, 10.12.2021, p. 9, ELI: http://data.europa.eu/eli/reg_del/2021/2178/oj).