Article

09.11.2023

ESG becomes law: what you need to know

Experts from 16 cities around the world shared their insights at the Sustainable Future Forum. In Brussels, we heard from Virginie Frémat, Senior Partner at law firm CMS, who specialises in ESG and corporate responsibility.

Environmental, social and governance (ESG) factors have moved from being a niche concern to a strategic board-level priority across all sectors and jurisdictions in a short space of time.

ESG implementation and reporting are no longer things companies do to be socially responsible: they have a legal obligation to embrace them.

From financial institutions to energy companies to tech start-ups, from small and medium-sized enterprises (SMEs) to publicly listed companies, all businesses need to focus urgently on ESG.

While the impact of ESG regulation is indisputable, the business and investment environment is opening up new opportunities and will continue to do so in future. Existing and future ESG regulation is about making people and the planet an integral part of a company's long-term strategy. This development creates opportunities for companies to do better for people and the planet, while creating greater value for investors. 

A changing playing field

Not only are governments becoming more demanding on ESG issues, shareholders and civil society movements are also making their voices heard. Consider the Urgenda Foundation, which took the Dutch state to court: it demanded that the government do more to reduce greenhouse gas emissions, and was successful. Whether the Belgian climate case can force the government to take action on climate change is currently being decided in the Court of Appeal.

The push for companies to adopt more concrete, measurable and enforceable ESG initiatives is coming from three directions: 

  • Stakeholder activism
  • European directives
  • National legislation

Sustainable finance action plan

In March 2018, the European Commission launched its Action Plan on Sustainable Finance, which aims to:

  1. Direct capital flows towards sustainable investments for inclusive growth
  2. Manage financial risks related to climate change and social issues
  3. Promote transparency and long-term thinking in finance

Key features include a single EU classification system (taxonomy), investor responsibilities, low-carbon benchmarks and improved sustainability guidance, all aimed at promoting a more sustainable financial future.

Non-financial reporting directive

To support the transition to a more sustainable economy, the European Parliament adopted the Corporate Sustainability Reporting Directive (CSRD) in late 2022. This is an extension of the Non-Financial Reporting Directive (NFRD), both in terms of the number of companies that have to comply with the standards and the number of topics they need to report on.

The NFRD came into force on 5 January 2023 and will eventually apply to around 50,000 companies. In the same way that companies are now required to carry out financial reporting, they will also have to report on sustainability. The largest companies will be the first to report, with smaller companies following later. On 3 September 2017, the Belgian legal system incorporated these requirements, which are now part of the Belgian Code on Companies and Associations.

Taxonomy regulation

The EU Taxonomy Regulation introduces a classification system for environmentally sustainable economic activities. Article 8 of this regulation imposes disclosure requirements on companies subject to the NFRD. These include the obligation to disclose the extent of a company’s engagement in environmentally sustainable activities and certain key performance indicators.

Corporate Sustainability Reporting Directive

Companies subject to the CSRD must include non-financial information in their annual management reports, covering environmental, social, human rights, anti-corruption, bribery and diversity issues. The CSRD also requires a brief description of the company's business model, policies, performance, key risks and non-financial performance indicators.

Sustainability reporting will follow mandatory EU standards: the first set of standards was published on 30 June 2023 and a second set with additional and sector-specific information will be published by 30 June 2024. Reporting must take into account the principle of double materiality, covering both how a company’s business is impacted by sustainability issues and how its business impacts society and the environment.

The CSRD emphasises the value chain, strategy, stakeholder interests, implementation of sustainability policies and progress towards sustainability goals.

It requires disclosure of due diligence processes, adverse impacts throughout the value chain, actions taken to mitigate such impacts, material sustainability risks and relevant indicators.

The CSRD has introduced comprehensive sustainability reporting requirements for large public-interest companies, so that they provide detailed and transparent information on their sustainability practices and impacts.

Corporate Sustainability Due Diligence Directive

This directive applies to large EU and non-EU companies. It requires them to carry out due diligence and to act on any findings. There are sanctions for non-compliance. The new civil liability regime allows direct claims by individuals who are harmed by a company's non-compliance.

For companies incorporated under the law of an EU member state, the CSDDD applies to companies with an average of more than 500 employees and a global turnover of more than €150 million in the last financial year. Alternatively, it applies if a company has an average of more than 250 employees and a global turnover of more than €40 million in the last financial year, with at least 50% of that turnover generated in sectors deemed to be high-risk. High-risk sectors include those involved in the manufacture of textiles, leather, agriculture, food, minerals and related trade.

In addition, the CSDDD introduces measures applicable to SMEs involved in the value chains of companies covered by the Directive, recognising the indirect impact on them.

I run an SME: what should I do?

Unlisted SMEs fall outside the scope of the CSDDD, so they are not directly subject to its provisions. However, SMEs with securities listed on an EU regulated market (excluding micro-enterprises) fall within the scope of the CSDDD, although they can opt out until 2012

. In addition, a specific set of EU sustainability reporting standards tailored to SMEs is being developed, which non-listed SMEs can adopt on a voluntary basis.

It is important to note that even if SMEs are not directly covered by the CSDDD, they may still be affected by it through their involvement in the value chains of larger companies. Both EU member states and companies within the scope of the CSDDD have an obligation to support SMEs in these value chains.

I’m a director: what does this mean for me?

The CSDDD has wider implications for directors of companies that fall within its scope. Directors have a fiduciary duty to promote the success of their companies, but they also face risks such as criminal and civil liability and sanctions, particularly if they are directors of listed companies. In addition, the focus on ESG and sustainability issues can lead to reputational damage. The CSDDD increases the regulatory burden on companies, both in terms of time and cost. There may also be a negative impact on share prices and the cost of directors and officers insurance premiums. Articles 25 and 26 of the CSDDD, which relate to the duties of directors of EU companies, remain subject to ongoing discussion and refinement.

Article

06.05.2024

Ecosteryl decontaminates medical waste

Thanks to its low-pollution solutions and the arrival of new investors, the Mons-based company has every intention of continuing to grow. Discover more about this inspiring success story.

Eradicate the environmental and health problems associated with medical waste on a global scale: Ecosteryl's ambitions match the technical expertise of this Mons-based company. Founded in 1947, its core business was equipment and machinery for the mining industry.  Around twenty years ago, it completely reinvented itself by specialising in the treatment of (potentially) infectious waste from the healthcare sector.

A global player with high-profile clients

Today, Ecosteryl is a globally recognised player in its sector, exporting 100% of its production to more than 65 countries. Its customers? Hospitals, of course, but also organisations in the waste recycling sector and international institutions such as the World Health Organisation, the World Bank and the United Nations, as well as cities and states. The company employs around forty people and has an annual turnover of over €20 million.

Medical waste, a critical public health issue

Syringes, dressings, masks, sharp instruments... 15% of medical waste is considered hazardous and therefore requires special treatment. Given that a single hospital bed produces between 0.5 and 3 kg of this waste every day, it's easy to imagine the scale of the problem. The infectious, toxic and sometimes even radioactive risks associated with hazardous medical waste are far from minimal: among other things, it can trigger or accelerate a pandemic, and even give rise to new diseases. Decontamination and recycling of this waste, the only solution to eliminate this health risk, is therefore a global public health issue.

An environmentally responsible process

Direct incineration or autoclaving: these are the two methods used by Ecosteryl's competitors to decontaminate hazardous medical waste. The problem is that these processes are far from being environmentally neutral. Incineration causes significant CO2 emissions and harmful emissions, such as dioxins, and is also energy intensive. And autoclaving requires large amounts of water and energy, again with significant environmental consequences.

It is in this area of the environmental footprint that Ecosteryl has made a difference, thanks to a technological breakthrough developed in collaboration with the University of Paris. The decontamination and recycling process uses microwave and dry heat technology to disinfect hazardous waste. The decontaminated waste is then shredded to reduce its volume, after which it can be processed in the same way as non-hazardous waste. Or better still, it can sorted and recycled.

This process requires very little electricity to operate, and its environmental performance compared to incineration and autoclaving is incomparable in terms of emissions and water consumption.

Too much plastic in medical waste: recycling instead of prevention

Single-use plastic products, equipment and utensils are a fact of life in hospitals. In many cases, this single use is justified, for example for syringes. The problem arises when this waste is directly incinerated. But thanks to pre-treatment, decontaminated and dried waste can be given a second life.

Until now, there has been no machine for this final stage. Ecosteryl's latest development, R-Steryl, fills this gap. It is a unique sorting centre. Placed after the decontamination machines, it can sort decontaminated waste and recycle up to 80% of it. The major players in waste collection and treatment know that recycling is and will be a real challenge in the coming years. Ecosteryl is also positioning itself as a key player in this field, and is investing in a number of analyses to this end.

Private equity to accelerate development

Despite its size in the medical waste decontamination sector, Ecosteryl has no intention of slowing down. The company intends to continue and accelerate its international growth, and welcomes new investors: BNP Paribas Fortis Private Equity,  Wallonie Entreprendre and IMBC, an investment company focused on the Mons, Borinage and Centre regions. Philippe Dufrasne, Chairman of Ecosteryl, comments:  “With these new shareholders, we have found the right partners to help us stay ahead of the game and achieve our long-term goals, particularly in terms of ESG (Environmental, Social and Governance) performance.”

A priority to invest in the transition of companies

BNP Paribas Fortis is also enthusiastic about this new project.

“We are particularly proud to support this company, which has developed a unique expertise in the production of cutting-edge equipment specialised in the environmental field. Over the years, Ecosteryl has succeeded in expanding worldwide in a niche market at the intersection of environmental and health issues. This investment is fully in line with our ambition to invest €1 billion in venture capital by 2025, focusing on funds and companies that respect environmental, social and governance criteria,” explains Raf Moons, Head of Private Equity at BNP Paribas Fortis. 

Article

03.05.2024

Transporting and securing energy across Europe

The Princess Elisabeth Island, is the world's first artificial energy island for transporting offshore wind power to land. A combination of innovation, technology and biodiversity conservation.

8,802 km: that's the length of all the onshore and offshore power lines and cables managed by Elia Transmission in Belgium.  As the operator of the Belgian high-voltage grid, Elia keeps the lights on by matching electricity generation and consumption at all times.

Artificial energy island

Grid operator Elia has just started to work on one of the most challenging projects in its history: the Princess Elisabeth artificial energy island. It will be located in the middle of the 285km2 Princess Elisabeth wind zone. This is the second offshore wind zone in the Belgian North Sea that has yet to be fully built. With a capacity of 3.5 gigawatts, the new wind farms will produce electricity equivalent to the annual consumption of 3.5 million households.

Catherine Vandenborre, CFO of Elia: “The Princess Elisabeth Island is a vital link in the successful energy transition in Belgium. The island has a dual function. First, it will bring electricity from the new offshore wind farms to the mainland. And then from 2030, the island will also be connected to wind farms in other countries with which electricity can be exchanged. This will give our country access to cheap and renewable energy.  This is crucial for our energy-intensive industries, which are rapidly moving away from fossil fuels and switching massively to wind energy over the next 10 years. In this way, Belgium is contributing to Europe’s climate goals and the ambition to realise 300 gigawatts of offshore wind in the North Sea by 2050.”

Designing for nature

In terms of location, design and implementation, due attention is being paid to limiting unwanted impacts on the marine environment. “We are going one step further and opting for nature-inclusive design,” explains Catherine Vandenborre. “In consultation with experts, we are taking concrete steps to protect the biodiversity around the island. For example, we are adding ledges to the outer storm walls where the kittiwake – a vulnerable bird species – can rest and breed. Below the waterline, several measures will be combined to create a diverse and rich artificial reef, with a particular focus on the return of the European flat oyster.  The measures have been selected on the basis of their technical feasibility and expected positive outcome.”

Co-creation and innovation

Achieving such a nature-inclusive design required close collaboration and knowledge sharing between all stakeholders and different domain experts. “An instructive process for all involved,” confirms Vandenborre. “With this initiative, Elia wants to set the tone for the environmentally friendly realisation of future offshore infrastructure. Europe’s seas are becoming the power stations of the future. By integrating biodiversity conservation measures from the design and construction phases, we want to increase and accelerate the positive outcomes. The co-creation project with the experts has already made an important contribution to scientific development in this field. But the work is not finished. Monitoring programmes will be put in place to follow up, and if necessary, adjust the selected measures.

Ready for the next gust of wind

As one of the main financial partners, BNP Paribas Fortis is supporting Elia’s transition to a reliable, affordable and environmentally friendly energy system. BNP Paribas Fortis has already financed 8 offshore wind projects in the Belgian North Sea. These 8 farms together represent 2200 megawatts, equivalent to 2 to 3 nuclear power plants. The next round? New wind farms in the Princess Elisabeth zone. This will be done through project financing, with the underlying contracts and resulting cash flows backing the loans.

Article

03.05.2024

Ziegler’s environmental strategy

How does Ziegler aim for greater environmental responsibility? By methodically exploring various avenues. Their approach is based on four key pillars.

From delivering jars of chocolate spread through the winding streets of Brussels, to storing and transporting satellites to Patagonia, to packing and moving valuable works of art, Ziegler does it all. Founded in 1908, the Belgian transport company provides international logistics solutions via multiple channels.

“The transport industry doesn't have the best environmental reputation,” admits Ziegler CEO Diane Govaerts. "People rightly expect solutions from us in that field. We do not run away from our environmental responsibility and have found a true partner in BNP Paribas Fortis.”

On land, at sea and in the air

Everything we use in our daily lives comes to us by road, rail, water or air. As a transport company, Ziegler is aware of its environmental footprint. The company is committed to improving its Environment, Society and Governance (ESG) performance in a number of areas.

“Our environmental strategy is based on four pillars,” explains Govaerts. "First, we have rainwater systems, LEDs, solar panels, electric charging stations and more. Our lab in Poland is constantly looking for new solutions like these.

Secondly, there is the transport itself. We are switching to the EURO 6 standard, which consumes less fuel and minimises pollution. At the same time, we are actively promoting alternatives, such as rail. Thanks to our trials with electric cargo bikes, we can now make B2B deliveries of up to 500 kg in small city centre streets. We are also developing autonomous electric delivery vehicles. Another interesting development is the use of drones in our warehouse logistics.

The third pillar is our team. We are running a number of educational initiatives to raise awareness of energy savings, recycling and vehicles with a smaller environmental footprint.

The last pillar is our partners, because they have the same needs as we do. This is certainly something we have in common with BNP Paribas Fortis."

No way back

Ziegler is actively looking for solutions. Despite the financial challenges, carbon-neutral solutions tend to be significantly more expensive, Diane Govaerts confirms 'there is simply no other way'. "If your company is not actively changing, you will not be here in five years. We are on the same wavelength as BNP Paribas Fortis in this regard. They are helping us make our transformation possible by providing support and financing. Their knowledge of multiple industries is extremely valuable to us. They are a true partner, making real contributions and helping us to find appropriate solutions. It’s reassuring to know that we can count on their guidance."

The Brussels-based scale-up Optimy brings together corporate volunteering, donations, patronage and sponsorship activities all on one platform. On it, their impact on society is concretely measurable.

"Originally, I didn't think of myself as a social entrepreneur, even though I was involved in sponsorship. At the request of our customers, my partners and I have developed an entire provision of services that has become the most comprehensive platform on the market," says Kenneth Bérard, CEO of Optimy.

One of these customers was the BNP Paribas Fortis Foundation, which wanted to make a greater social difference and also give these actions more visibility. "It's a must for companies to contribute to society. This generates added value for the company and fuels a positive spiral. But that social impact has to be measurable. How many children have been helped? How many trees have been planted? What effect does this have on employee satisfaction, image and turnover? Our model offers all of this. This means that companies don't have to purchase new modules every time they want to add additional activities. I think that’s our great success factor. We are the market leader in Europe in our sector and the only company operating in both Europe and North America."

Personal support

"Many companies are full of good intentions. They want to have a positive impact on society, but they often lack a good method to do this efficiently," the entrepreneur notes. "They tend to see all their efforts in isolation. The Optimy platform offers a solution for this. It's easy to put together and it's service-oriented. We adapt to the processes of each business unit and company. It doesn't work the other way around," assures Bérard. "Our customers are not looking for technology; they're looking for guidance. We invest in personalisation, and it's paying off, as a customer satisfaction survey shows."

Structuring actions

The first piece of advice that Optimy always gives companies is: don't shred your efforts, they should form a whole. "We recommend that companies structure their actions using our tool. The corporate social responsibility policy must be in line with the company’s values, DNA and broader strategy. And of course, the actions must be transparent and well executed."

The right partner

From the beginning, the connection Optimy had with BNP Paribas Fortis was decisive for the company’s growth. "The fact that the bank follows us has increased our credibility with our partners, investors, customers and also internally. Now it's setting up a factoring service for us to further support our growth."

Optimy's growth was initially supported by cash flow, which is unusual for a technology company. Financing came into play beginning in 2019. That's when a Canadian fund specialising in software as a service (SaaS) companies and affiliated with the prestigious Massachusetts Institute of Technology (MIT) became a shareholder.

Multicultural enrichment

As with increasingly more companies, one of Optimy’s biggest challenges is recruiting new talent. “We've been able to convert that challenge into an asset,” concludes Bérard. "We attract talent from abroad. Sixty people from twenty nationalities work in our Brussels branch. This multiculturalism is a huge enrichment and has helped us break through internationally."

“The corporate social responsibility policy must be in line with your company’s values, DNA and broader strategy”.

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