FAQ: S&P DJI’s Approach to the EU Low Carbon Benchmark Regulation Disclosure Requirements

The EU Low Carbon Benchmark Regulation requires administrators of benchmarks (other than interest rate and FX) to comply with new requirements to disclose environmental, social, and governance (ESG) factors in their methodology documents and benchmark statements.  The delegated regulations ((EU) 2020/1816 and (EU) 2020/1817) for ESG disclosure (“Delegated Regulations”) are effective as of Dec. 23, 2020.

1. What are the regulations, and what do they aim to achieve?  The EU Low Carbon Benchmark Regulation amends the EU Benchmark Regulation in two ways: first, it introduces two new benchmark classifications—EU Climate Transition Benchmarks (EU CTB) and EU Paris-Aligned Benchmarks (EU PAB)—and second, it requires administrators of ESG benchmarks to publish certain information.  Administrators of benchmarks that pursue ESG objectives must (i) publish an explanation of how key elements of the methodology reflect ESG factors; and (ii) explain in the benchmark statement how ESG factors are reflected for each benchmark or family of benchmarks.  The aims of the Delegated Regulations are to:
   • Create a common framework of requirements that promotes consistency, leading to greater comparability between benchmarks;
   • Clearly state if a benchmark pursues ESG objectives, helping investors to identify them; and
   • Generate greater transparency of a benchmark’s objectives to help investors understand them more easily.
2. When did the requirements come into effect?  For EU benchmark administrators, the Delegated Regulations are effective as of Dec. 23, 2020.  For third-country (i.e., non-EU) benchmark administrators, the Delegated Regulations are effective as of Jan. 1, 2024.
3. How does S&P DJI intend to meet the new EU ESG disclosure requirements?  S&P DJI has two benchmark administrators under the EU Benchmark Regulation (EU BMR):^[2] S&P DJI Netherlands B.V. (S&P DJI BV), an EU benchmark administrator based in Amsterdam and authorized by the Dutch Authority for Financial Markets; and S&P Dow Jones Indices LLC (S&P DJI), a corporation based in New York.  For the purposes of the EU BMR, S&P DJI is an administrator located in a third country.  Under the EU BMR, non-EU (third-country) benchmark administrators have an extended period of time to implement the requirements of the regulation.^[3]  On the other hand, EU benchmark administrators must implement the EU ESG disclosure requirements starting from Dec. 23, 2020.  In view of the different timelines for EU and third-country administrators, we are prioritizing the EU ESG disclosures for those benchmarks administered by S&P DJI BV.  For more information on S&P DJI’s implementation of the EU Benchmark Regulation, please refer to the Regulatory Information page of the S&P DJI website.

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