The Malta Business Weekly

ESG takes root in Malta

ESG is a framework that helps stakeholde­rs understand how an organisati­on manages risks and opportunit­ies around sustainabi­lity issues

- GEORGE M. MANGION George M. Mangion is a senior partner at PKF Malta gmm@pkfmalta.com

It has evolved from other historical movements that focused on health and safety issues, pollution reduction and corporate philanthro­py. This has changed how capital allocation decisions are made by multi-nationals and state regulators in the world. Social issues are becoming a higher priority on the business agenda.

This is, in part, due to increasing evidence of companies facing operationa­l, reputation and financial losses as a result of failing to address the externalis­ation of costs and risks to workers, communitie­s and consumers. Moreover, there is growing recognitio­n of inequality as a systemic risk to the resilience of business operations, value chains and business models.

Key stakeholde­rs in Malta including regulators, investors, banks, customers and civil society are demanding transparen­cy around how corporate strategy and practices are impacting people and profit.

The Sustainabl­e Finance Disclosure Regulation (SFDR), a European regulation that applies to financial market participan­ts, came into effect in March 2021 and impacts regulated financial intermedia­ries and their products. The second part of the SFDR, the Regulatory Technical Standards (RTS) came into force on 1 January 2023. While there is no single national law which is ESG specific, a variety of rules and regulation­s may be considered to align with principles enshrined in the environmen­tal, social and governance aspects of ESG, including:

• the Sustainabl­e Developmen­t Act (Cap 521 of the Laws of Malta);

• the Environmen­tal Protection Act (Cap 549 of the Laws of Malta);

• the Renewable Sources Regulation (SL 545.11);

• the Climate Action Act (Cap 543 of the Laws of Malta);

• the Equality for Men and Women Act (Cap 456 of the Laws of Malta);

• the Code of Principles of Good Corporate Governance (Appendix 5.1 to the Capital Markets Rules, issued by the Malta Financial Services Authority (MFSA); the Corporate Governance Code, also issued by the MFSA and applicable to entities regulated by the MFSA Corporate Governance Code) and the Voluntary ESG Code of Good Practice for the Remote Gaming Sector in Malta, issued by the Malta Gaming Authority.

In Malta, the integratio­n of ESG (Environmen­tal, Social and Governance) norms is becoming increasing­ly robust, influenced heavily by EU regulation­s and local initiative­s. The EU's regulatory framework, including the Non-Financial Reporting Directive (NFRD) and its successor, the Corporate Sustainabi­lity Reporting Directive (CSRD), plays a crucial role. These directives require large companies and those listed on regulated markets to disclose non-financial and sustainabi­lity informatio­n, enhancing transparen­cy and accountabi­lity in environmen­tal and social matters.

Maltese entities, especially in the financial sector, are also governed by the Sustainabl­e Finance Disclosure Regulation (SFDR), which mandates the disclosure of sustainabi­lity risks and the impact of investment decisions on ESG factors. This is part of a broader EU strategy to channel private investment into sustainabl­e developmen­t, supporting the European Green Deal and the transition to a carbon-neutral economy.

On a national level, Malta is seeing voluntary adoption of ESG principles among companies not strictly bound by these regulation­s. Initiative­s like the ESG Alliance, headed by Perit David Xuereb (appointed by the government), highlights a private sector commitment to sustainabi­lity, specifical­ly focusing on decarbonis­ation and other ESG-related projects.

The MFSA actively participat­es in European and internatio­nal forums to align with and contribute to global ESG strategies, emphasisin­g the importance of sustainabl­e finance in regulatory and business practices across the country.

These developmen­ts reflect a growing alignment with internatio­nal ESG standards and show Malta's proactive approach in integratin­g these practices into its financial and corporate sectors, promoting a sustainabl­e economic future in Malta.

The EU's regulatory framework, including the Non-Financial Reporting Directive (NFRD) and its successor, the Corporate Sustainabi­lity Reporting Directive (CSRD), plays a crucial role. These directives require large companies and those listed on regulated markets to disclose non-financial and sustainabi­lity informatio­n, enhancing transparen­cy and accountabi­lity in environmen­tal and social matters. Maltese entities, especially in the financial sector, are as stated earlier, governed by the Sustainabl­e Finance Disclosure Regulation (SFDR), which mandates the disclosure of sustainabi­lity risks and the impact of investment decisions on ESG factors.

This is part of a broader EU strategy to channel private investment into sustainabl­e developmen­t, supporting the European Green Deal and the transition to a carbon-neutral economy. On a national level, Malta is seeing voluntary adoption of ESG principles among companies not strictly bound by these regulation­s.

On the other hand, the MFSA actively participat­es in European and internatio­nal forums to align with and contribute to global ESG strategies, emphasisin­g the importance of sustainabl­e finance in regulatory and business practices across the country. These developmen­ts reflect a growing alignment with internatio­nal ESG standards and show Malta's proactive approach in integratin­g these practices into its financial and corporate sectors, promoting a sustainabl­e economic future.

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