Advancing financial services and sustainability across France and the EU

From Monday, 20 November to Tuesday, 21 November, AmCham EU visited Paris and Strasbourg, France to discuss several financial services topics including the Capital Markets Union Implementation, the Banking Union, digital finance and payments. While in Paris, delegates met with representatives from the European Banking Authority, European Securities and Markets Authority, General Directorate of the French Treasury, the French Prudential Supervision and Resolution Authority and French Financial Markets Authority. On the second day of the trip, delegates met with the Rapporteurs and Shadow Rapporteurs on leading financial service files to discuss the current developments, as well as how to ensure effective cross-border regulation.  

News
23 Nov 2023
Financial services, Corporate sustainability
Advancing financial services and sustainability across France and the EU

From Monday, 20 November to Tuesday, 21 November, AmCham EU visited Paris and Strasbourg, France to discuss several financial services topics including the Capital Markets Union Implementation, the Banking Union, digital finance and payments. While in Paris, delegates met with representatives from the European Banking Authority, European Securities and Markets Authority, General Directorate of the French Treasury, the French Prudential Supervision and Resolution Authority and French Financial Markets Authority. On the second day of the trip, delegates met with the Rapporteurs and Shadow Rapporteurs on leading financial service files to discuss the current developments, as well as how to ensure effective cross-border regulation.  

On Monday, 20 November, delegates met with Emmanuel Rocher, Director, International Affairs, French Prudential Supervision and Resolution Authority; Roxana de Carvalho, Head of Governance and External Affairs, European Securities and Markets Authority;  Jérome Reboul, Managing Director, Regulatory Policy and International Affairs Directorate, French Financial Markets Authority and Christophe Bories, Head of the Economic Financing, Direction Directorate-General of the Treasury, French Government. On Tuesday, 21 November delegates met with Jonás Fernández (S&D, ES); Markus Ferber (EPP, DE); Eero Heinäluoma (S&D, FL); Georgios Kyrtsos (RE, EL); Luděk Niedermayer (EPP, CZ); Lídia Pereira (EPP, PT); Ondřej Kovařík (RE, CZ) and Isabel Benjumea (EPP, ES).

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However, it appears that EU policymakers did not yet sufficiently tackle how these rules apply to the global activities of companies and groups – for example, by limiting the scope of the CSDDD to only those products and services with a logical link to the EU. This is a missed opportunity with far-reaching consequences that keeps legal uncertainty in place for global firms and their supply chains.  This oversight on extraterritorial impact will make the CSDDD more difficult for policymakers to implement and monitor and risks creating confusing overlap with other jurisdictions’ rules. 

 

The EU must use the next steps in the policy-making process – including implementing measures, guidance and future reviews – to fix outstanding challenges in both the CSDDD and the CSRD. In particular, clearer rules on when and how EU legislation impacts global business activities would give companies the predictability they need to invest and support sustainability investments. 

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The European Parliament’s adoption of its negotiating position on the Omnibus I package marks a major milestone towards a simpler, more consistent and workable sustainability reporting and due diligence framework for companies operating across the Single Market. The final text, however, fails to reflect the concerns of third-country stakeholders and international businesses over extraterritorial effects.

The framework’s implementation risks creating legal uncertainty for global businesses and conflicts of law in different jurisdictions, thereby undermining the diversification of supply chains and chilling investment in the EU. Limiting the scope of the initiatives to an EU Nexus – in other words, making them apply only to those global supply chains directly linked to the EU market – will be critical to achieving sustainability and competitiveness goals.  

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