Comparing the Implementation of the EU Non-Financial Reporting Directive

The paper analyses the implementation of the EU Non-Financial Reporting Directive in four European Member States: UK, Germany, France and Italy. The first part reviews the main trends, key differences and potential difficulties or unexpected consequences of the Directive. The paper then explores in more detail key substantive elements of the Directive, and how these have been dealt with by each of the surveyed states. This section includes an overview of the scope and format, environmental, social and governance (ESG) factors to report on, the information to be provided, the notion of materiality, the verification process, the basis of reporting and the consequences of non-compliance. The paper also presents a comparative table and comprehensive analysis of the domestic transpositions of each of the four countries under review. The Directive provides the first comprehensive framework for ESG reporting at the EU level but gives considerable leeway to Member states in the transposition process. Whilst generally the new EU-wide legislation has been a positive step, there are a number of gaps in the Directive itself, which have not been adequately addressed in the implementing legislation