Thanks James for bringing GC23/3 to everyone's attention.
I am considering whether we should respond back to the FCA (by 26th January) on the Guidance provided in Annexe I. I am wondering whether our members, particularly those in this Sustainability Community have some interesting comments to make on it. If you are reading this and do have an observation about a gap, something your disagree with or a suggestion to improve the presentation in the guidance, can you let me know?
I also note there's a very good short piece on-line form A&O on this. The following section in particular I thought worth bringing to everyone's attention:
What should I do?
The guidance is not long, comprising just six and a half pages, and is set out in Annex I of the consultation.
Our recommendations:
- Read and consider the draft guidance.
- Consider which internal teams, divisions etc make ESG-related claims.
- Sense check the draft guidance against existing policies and procedures to consider if they would survive a challenge.
- Collect a sample of historically made claims, statements etc and sense check them against the FCA draft guidance.
In our view, this is a prudent approach, bearing in mind that the FCA's statements in the consultation and policy statement suggest it believes that industry standards are not where they should be in all respects.
It would be great to hear from any of who do the above as recommended by A&O and as a result find the Guidance either too loose or too strict or in need of adjustment in any way.
Best,
Andy
------------------------------
Andrew Burton, CFA
Professionalism Adviser
CFA UK
07415 952432
------------------------------
Original Message:
Sent: 13-12-2023 10:17
From: James Doyle
Subject: Greenwashing
Thanks Aya,
the FCA's recent SDR consultation for draft guidance on anti-greenwashing is helpful and pretty common sense when discuss sustainability claims in relation to investment products and services - it has a fairly broad application as noted below underpinned by following principles - see FCA website for further info: GC23/3: Guidance on the anti-greenwashing rule | FCA
Summary of changes:
2.2 The anti-greenwashing rule requires FCA-authorised firms to ensure that any
reference they make to the sustainability characteristics of their financial products
and services are consistent with the sustainability characteristics of the product or
service and are fair, clear and not misleading.
2.3 The rule applies to all communications about financial products or services which
refer to the environmental and/or social (ie, 'sustainability') characteristics of those
products or services. Sustainability-related references can be present in, but are not
limited to, statements, assertions, strategies, targets, policies, information, and
images.
2.4 A sustainability-related claim may be any claim which includes references relating to
the sustainability characteristics of a product or service. So, it could be a claim that a
mortgage or savings account is 'green' or that an investment or pension fund is
'sustainable' and aims to deliver positive outcomes for people or the planet. It could
also include, but is not limited to, claims relating to the environment, climate or
climate change, biodiversity and nature, social issues, or corporate social
responsibility.
------------------------------
James Doyle
Director, Green Finance, Investment Management
------------------------------