Draft proposal on effective supervision on green bond emittents

On May 30, 2024, the Swedish government sent a draft proposal to the legislative counsel, on the supervision of emittents of green and other environmental bonds. The proposal is following the European Green Bond standards and is to become effective as per December 21, 2024.

Introduction to European Green Bonds

In a significant move towards a more sustainable future, the European Union has introduced a new regulation on European green bonds, which is set to take effect on December 21, 2024. This regulation establishes a voluntary standard for bonds that are aimed at environmentally sustainable objectives. The primary goal is to prevent "greenwashing" — a practice where claims of environmental responsibility are misleading — and to leverage the internal market to achieve the EU's climate and environmental targets.

The Swedish implementation

To align with the EU regulation, certain national legislative actions are required. With the new proposal, the Swedish government opens the doors to the Swedish market for the EU Green Bonds. This law encompasses various aspects, such as the investigative and supervisory powers of the Financial Supervisory Authority, interventions, and sanctions for violations of the EU regulation, as well as fees to fund the Financial Supervisory Authority's activities under the regulation. The proposed law is scheduled to come into force concurrently with the EU regulation.

The new law also introduces some specific measures that go beyond the EU regulation or otherwise differ. The main example here is that the Swedish proposal gives the Financial Supervisory Authority the option to publicly disclose correct information to the market if issuers, originators, or special purpose entities for securitization have provided incorrect or misleading information when fulfilling their disclosure obligations under the EU regulation. This measure is not directly required by the EU regulation, but is deemed necessary from an investor protection perspective.

Please contact us should you require further information or wish to discuss potential opportunities in the field of green bonds.

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