Carrots Sticks Global trends in sustainability reporting regulation and policy - ETicaNews

Carrots Sticks Global trends in sustainability reporting regulation and policy - ETicaNews
Carrots & Sticks
 Global trends in sustainability reporting
          regulation and policy

                  2016 edition
Foreword                                                                                                          3
Lead authors                                                                                                      4
About this report                                                                                                 6
Executive Summary – Key findings                                                                                  9
Part 1: How many reporting instruments are in place?                                                             10
        Reporting instruments surge over the last 3 years
        Strong growth in Europe, Asia Pacific and Latin America
Part 2: Are most reporting instruments mandatory or voluntary?                                                   12
        Mandatory instruments continue to dominate but growth in voluntary instruments is strong
Part 3: Which organizations are issuing the most reporting instruments?                                          14
        Governments issue the most sustainability reporting instruments
        Growing activity from financial market regulators and stock exchanges
Part 4: Do these instruments cover all organizations or only specific types?                                     16
        Almost half of reporting instruments address large listed companies
        Around 40 percent apply to all companies
        Some initiatives support SME reporting
        Reporting instruments target finance and heavy industries
Part 5: Do instruments require reporting in specific formats?                                                    18
        Regulators increasingly require sustainability information in annual financial reports
Part 6: How many reporting instruments focus on specific environmental or social factors?                        19
        A majority of instruments apply to reporting of specific environmental or social factors
        A large increase in instruments driving reporting of social information
        Growth in environmental reporting instruments has slowed
        A majority of reporting instruments in North America focus on specific environmental or social factors
        Regulation on tax disclosure increases
Conclusions                                                                                                      22
Appendix I: International initiatives on sustainability reporting                                                23
Appendix II: Assurance standards                                                                                 28
Acknowledgments                                                                                                  30
About the project partners                                                                                       31
Disclaimer                                                                                                       32
Last year, 2015, was a milestone for sustainability with                             require or encourage organizations to report. That is why we
crucial and unprecedented agreements by the international                            believe that the continuing publication of Carrots & Sticks makes
community, including the Sustainable Development Goals                               a useful contribution to the efforts of governments, companies,
(SDGs)1 and the Paris Agreement on climate change action.2                           investors and other stakeholders.
The year 2016 now calls for translating these achievements                           Of course, challenges remain. One of the key points our 2016
into action to achieve the 2030 Agenda for Sustainable                               research identifies is the surge in sustainability reporting
Development. It also marks the tenth anniversary since the                           instruments in place: almost 400 instruments in 64 countries.
first Carrots & Sticks report was published in 2006.3 (The second                    This shows increased commitments and efforts to achieve
report was published in 20104 and the third in 2013).5                               transparency and accountability. At the same time, the large
                                                                                     number and variety of instruments can also pose challenges for
Reporting is the critical link between the big-picture ambitions
                                                                                     reporting organizations. Alignment and harmonization must be
and the data that shows what action has been taken to achieve
                                                                                     a key goal for governments, market regulators, stock exchanges,
those ambitions and what progress is being made. Without
                                                                                     industry associations, standard setters and all those responsible
reporting we cannot know what is being done or how close,
                                                                                     for developing reporting instruments.
or how far, we are from where the world needs to be. Indeed,
the SDGs include a specific goal (Goal 12.6) to encourage                            Our four organizations remain committed to supporting the
companies to integrate sustainability information into their                         continuing evolution of sustainability reporting and broader
reporting cycles.6                                                                   corporate disclosure, and we trust that this publication makes a
As sustainability reporting becomes ever more integral to                            positive contribution to the development of effective reporting
global action on environmental and social problems, so too do                        instruments in future.
the policies, regulations, standards and other instruments that

Adrian King                                                                         Arab Hoballah
Global Head, Sustainability Services                                                Chief of Sustainable Lifestyles, Cities & Industry
Wim Bartels                                                                         United Nations Environment Programme (UNEP)
Global Head, Sustainability Reporting & Assurance
KPMG International                                                                  Daniel Malan
Teresa Fogelberg                                                                    Cornis van der Lugt
Deputy Chief Executive                                                              Senior Research Fellow
GRI                                                                                 Centre for Corporate Governance in Africa
                                                                                    University of Stellenbosch Business School

    The SDG Target 12.6 Live Tracker developed by GRI is an online platform
    that allows governments and interested parties to monitor and visualize
    the uptake of sustainability reporting worldwide, corresponding to UN SDG
    Target 12.6

Search the Carrots & Sticks 2016 database of reporting instruments:                                                    3
Lead authors

Wim Bartels                                                         Teresa Fogelberg
Global Head of Sustainability Reporting & Assurance,                Deputy Chief Executive, GRI
KPMG International
Wim Bartels is a partner at KPMG in the Netherlands and             Teresa Fogelberg is Deputy Chief Executive at the
Global Head of Sustainability Reporting & Assurance. He has         GRI. Before joining the GRI leadership, Ms. Fogelberg had a top
been with KPMG for over 20 years and has also worked for            position in the Dutch government, working as the Netherlands
KPMG’s Forensic & Integrity services and KPMG Audit. Mr.            Director for Climate Change and Industry, and served as Head
Bartels delivers assurance to over 40 multinational companies       of Delegation to the UN Climate Change Conference of Parties,
and regularly supports KPMG’s global client engagements as          amongst other roles during the Dutch Presidency of the COP.
a sustainability reporting and assurance expert. He represents      She has worked for development organizations including ILO
KPMG on the Financial Stability Board’s Task Force on Climate-      and USAID and Ms. Fogelberg is also a board member of several
related Financial Disclosures which was launched at the COP21       sustainability organizations, such as WWF, SEED International,
UN Climate Talks in Paris, December 2015. He has also written       and Questionmark.
extensively on sustainability assurance and is the lead author of
KPMG’s Survey of Corporate Responsibility Reporting.

    4        Carrots&Sticks
Arab Hoballah                                                   Cornelis T. van der Lugt
Chief of Sustainable Lifestyles, Cities and Industry,           Senior Research Fellow, Centre for Corporate Governance in
United Nations Environment Programme (UNEP)                     Africa, University of Stellenbosch Business School

Arab Hoballah serves as UNEP Chief of Sustainable Lifestyles,   Dr. Cornelis T. van der Lugt is Senior Research Fellow with the
Cities and Industry and prior to that has held various senior   Centre for Corporate Governance at Stellenbosch University
positions for 14 years at UNEP. An economist specialized in     Business School in South Africa, and Senior Associate at BSD
systemic and prospective analysis, Mr. Hoballah has spent       Consulting in Switzerland. He has over 20 years’ experience
more than 20 years advocating sustainable consumption and       working at international level in the field of sustainability
production, working with multiple stakeholders across cities,   standards. As a former representative of the UN Environment
business, industry and civil society.                           Programme and UN Global Compact, he was deeply involved in
                                                                developing industry initiatives and guidance standards such as
Mr. Hoballah was actively involved in Rio+20 and the            the GRI and ISO 26000. Reports he has co-authored include the
Sustainable Development Goal preparation processes, resulting   “TEEB for Business Report” (Earthscan 2011), “Green Economy
in the adoption of the 10 Year Framework of Programmes on       Report” (UNEP 2011) and “Making Investment Grade: The Future
Sustainable Consumption and Production and SDG 12 on this       of Corporate Reporting” (Deloitte et. al. 2012). In 2006 he co-
topic.                                                          founded the Carrots & Sticks series. He continues to contribute
                                                                to international research publications and he consults and
                                                                educates on topics such as sustainable finance.

About this report
The project partners                                               The investment community is another audience, given that the
                                                                   report provides a sense of what investee companies are faced
Carrots & Sticks is produced jointly by KPMG International,        with in terms of reporting regulation and other sustainability
GRI, United Nations Environment Programme (UNEP) and The           disclosure instruments. As investors increasingly incorporate
Centre for Corporate Governance in Africa (at the University of    sustainability considerations, this report can be a useful
Stellenbosch Business School). For more information about          reference point for them to identify factors they can influence
these organizations see page 31.                                   for incorporation into public policy or reporting frameworks, or
                                                                   on which they can engage on with both investees and policy
Objective of this report: an assessment                            makers.
of progress in sustainability reporting                            Corporate lawyers and consultants that advise their companies
instruments                                                        or clients on sustainability risks and compliance may also
In this report we assess developments in sustainability            find this report helpful given that the growth of sustainability
reporting instruments worldwide since the publication of the       reporting regulation is leading to increased legal practice in this
last Carrots & Sticks report in 2013. By ‘reporting instruments’   field.
we mean any instrument, mandatory or voluntary, that requires
                                                                   Aside from these audiences, Carrots & Sticks is intended for
or encourages organizations to report on their sustainability
                                                                   anyone who takes an interest in how sustainability reporting
performance. For more information on the instruments covered
                                                                   policy and regulation is evolving worldwide.
and terminology used in this report see the section “A note on
terminology” below.
                                                                   How the research was conducted
The analysis in this report is primarily quantitative and seeks
                                                                   The project partners conducted a review of the reporting
to draw out key trends based on a comprehensive review of
                                                                   landscapes in 71 countries and territories: these were the
the sustainability reporting landscape in 71 countries. We have
                                                                   top 60 economies by GDP – including most OECD countries
structured the report to explore the following key questions:
                                                                   - plus 11 additional countries which were either included in
1. How many reporting instruments are in place?                    previous editions of Carrots & Sticks or where relevant reporting
2. Are most reporting instruments mandatory or voluntary?          instruments were known to be in place.7
3. Which organizations are issuing the most reporting              The research identified key reporting instruments that either
   instruments?                                                    require or encourage organizations to report on or disclose
4. Do these instruments cover all organizations or only specific   information related to their sustainability performance. The
   types?                                                          initial research was based on the content of Carrots & Sticks
5. Do instruments require reporting in specific formats?           2013 and more recent information contained in GRI’s global
6. How many reporting instruments focus on specific                database of sustainability reporting instruments. This was
   environmental or social factors?                                reviewed and expanded by sustainability professionals at KPMG
                                                                   member firms, with support from GRI Regional Hubs, the UN
                                                                   Global Compact and the other project partners.
Who the report is for
                                                                   The results presented in this report are for the 64 countries
Feedback on previous editions of Carrots & Sticks suggests that
                                                                   in which the researchers were able to identify some kind of
policy makers in particular find this snapshot of the global
                                                                   sustainability reporting instrument.
regulatory landscape to be a useful tool to help them assess
their current policy responses and to set future directions.       The commentary contained in this report is based on analysis
                                                                   of the data conducted by the project teams at the four partner
Chief Financial Officers and Chief Sustainability Officers at
multi-national corporations are also key readers. For them,
Carrots & Sticks provides an overview of the reporting             The full dataset on which this report is based is available in
instruments in place and an indication of how policy and           a searchable online database which is publicly accessible
regulation are likely to evolve across multiple jurisdictions.     here:

                                                                       See countries GDP listing by World Bank at:

    6        Carrots&Sticks
Countries and territories covered in this edition:
 Asia Pacific                     Europe                           North America               Latin America   Africa & Middle East
 Australia                        Austria                          Canada                      Argentina       Algeria *
 Bangladesh                       Belgium                          United States of America    Bolivia         Angola *
 China                            Cyprus                                                       Brazil          Egypt *
 Hong Kong                        Czech Republic                                               Chile           Iran *
 India                            Denmark                                                      Colombia        Iraq *
 Indonesia                        Finland                                                      Ecuador         Israel
 Japan                            France                                                       Mexico          Ivory Coast
 Malaysia                         Germany                                                      Peru            Kazakhstan
 Maldives                         Greece                                                       Venezuela       Kenya
 Pakistan                         Hungary                                                                      Kuwait
 Philippines                      Iceland                                                                      Morocco *
 Singapore                        Ireland                                                                      Nigeria
 South Korea                      Italy                                                                        Qatar
 Taiwan                           Lithuania                                                                    Saudi Arabia *
 Thailand                         Netherlands                                                                  South Africa
 Vietnam                          Norway                                                                       United Arab Emirates
                                  Poland                                                                       Zimbabwe
                                  United Kingdom
* Denotes countries where no reporting instruments were identified

Search the Carrots & Sticks 2016 database of reporting instruments:                                          7
A note on terminology                                             The history of Carrots & Sticks
In this edition of Carrots & Sticks we have considered a wide     This 2016 edition is the fourth in the series and marks the ten
range of reporting instruments that either require or encourage   year anniversary of Carrots & Sticks. Carrots & Sticks was first
organizations to report, or disclose, sustainability-related      published in 2006 to provide an overview of trends in standards
information.                                                      for sustainability reporting. The first edition covered standards
These instruments drive public reporting in many forms,           in 19 countries, largely members of the Organization for
for example in annual financial or sustainability reports,        Economic Cooperation and Development (OECD).
on websites, in documents submitted to a stock exchange
for listing purposes, and in data published in response to
questionnaires and specific regulations.
We use the terms ‘reporting instruments’ and ‘instruments’
throughout this report to describe instruments including the
terms below. The use of the term ‘reporting’ throughout also
refers to ‘disclosure’.
•   Regulation and policy: sustainability reporting
    requirements or expectations issued by governing
    bodies such as governments, financial regulators or
    stock exchanges. Such regulations may be mandatory or
    voluntary and in some cases may be on a ‘comply or explain’
•   Self-regulation: reporting requirements or expectations
    issued by organizations to apply to their own communities
    or memberships. These would include, for example,
    instruments issued by industry organizations
•   Requirements, guidance or recommendations for public
    reporting on a single topic (e.g. greenhouse gas emissions)
    or by a specific sector (e.g. mining)
•   Voluntary guidelines and standards for sustainability
•   Standards on sustainability assurance. (For an overview of
    major sustainability assurance standards see Appendix 2,
    page 28).

    8        Carrots&Sticks
Executive Summary – Key findings
Trends in sustainability reporting instruments
                                                      2006                 2010                   2013                    2016
                       Mandatory                 35          58%      94          62%       130          72%        248          65%
                       Voluntary                 25          42%      57          38%        50          28%        135          35%
                       Total                     60                  151                    180                     383
                                                 19                   32                     44                      71
 Countries & Regions
                                                                                                                (64 with instruments)

• There has been a surge in the number of reporting                • While most reporting instruments cover all sectors (cross-
   instruments identified since the last report in 2013. Our          sectoral scope), those that target specific sectors address the
   2016 research identified almost 400 sustainability reporting       finance and heavy industry sectors in particular. The number
   instruments in 64 countries versus 180 instruments                 of reporting instruments for companies in the financial
   identified in 44 countries in our 2013 report. The growth          services sector has more than doubled from 2013 to 2016
   of reporting instruments in Europe, Asia Pacific and Latin         and they now account for almost 40 percent of sector
   America has been particularly strong                               specific instruments
• Government regulation accounts for the largest proportion        • Governments and regulators increasingly require or
   of sustainability reporting instruments worldwide with             encourage companies to disclose sustainability information
   governments in over 80 percent of the countries studied            in their annual reports
   in this research introducing some form of regulatory            • There has been a large increase in instruments driving
   sustainability reporting instrument                                reporting of social information. The number of instruments
• Mandatory instruments dominate but growth in voluntary              we identified that focus on reporting of social information
   instruments is also strong. Around two thirds of the               has almost doubled since 2013, growing faster than
   instruments we identified are mandatory and around one             instruments that focus on the reporting of environmental
   third voluntary. Around one in ten instruments adopts a            information
   ‘comply or explain’ approach                                    • Regulation on tax disclosure has increased as companies
• The level of activity of stock exchanges and financial market       come under increasing pressure to demonstrate they pay
   regulators is noteworthy in the 2016 edition of this report,       their fair share of taxes in all countries in which they operate.
   with these two groups together responsible for almost one
   third of all sustainability reporting instruments identified
• Almost one third of reporting instruments apply exclusively
   to large listed companies and of these around three
   quarters have been introduced by financial market
   regulators and stock exchanges. The remaining two thirds
   apply either to all companies or to other types of companies
   such as state-owned

Part 1: How many reporting instruments
are in place?
Figure 1: Countries with reporting instruments                                                                                          Key:
                                                                                                        10 or more reporting instruments
                                                                                                   Between 5 and 9 reporting instruments
                                                                                                       Less than 5 reporting instruments
                                                                                                                    Not in scope for 2016
                                                                                                      No reporting instruments identified

Reporting instruments surge over                                    There is a clear underlying trend of an increasing volume of
the last 3 years                                                    reporting instruments: an average of 6.0 instruments
                                                                    per country studied in 2016 versus 4.1 per country in 2013.
Over the last three years, the total number of instruments          This upward trend is supported by the fact that most (around
that require or encourage organizations to report information       70 percent) of the new instruments identified in our 2016
about their sustainability performance has grown rapidly and        research are in countries that were also covered in 2013.
significantly worldwide.                                            This suggests that more complex and modernizing markets
                                                                    increasingly expect businesses to report information not only
Our research found that sustainability reporting instruments        on their financial performance but also on material aspects of
are now in place in most of the world’s biggest economies:          their non-financial performance.
64 of the 71 countries researched in 2016 have some kind of
sustainability reporting instrument in place. Our 2016 research     The key drivers behind this growth include regulatory growth
identified almost 400 (383) sustainability reporting instruments    particularly in Europe, Asia Pacific and Latin America, the rise of
in 64 countries versus 180 instruments identified in 44 countries   ‘comply or explain’ reporting approaches and increasing activity
in our 2013 report.                                                 by financial market regulators and stock exchanges.

                                                                    These trends are discussed in more detail in the subsequent

   10        Carrots&Sticks
Strong growth in Europe, Asia Pacific and                                                 initiatives related to business and the protection of human
Latin America                                                                             rights in global supply chains.

Europe continues to have a clear lead among the regions in                                Reporting instruments in Latin America also grew quickly with
terms of the overall number of instruments in place. This is to                           the number of instruments issued by governments and financial
be expected given the high number of countries within the                                 regulators more than doubling between 2013 and 2016. Our
region and given that sustainability reporting and associated                             researchers identified new instruments in Argentina and Brazil,
instruments are more mature in Europe than in many other                                  among others.
regions.                                                                                  Asia Pacific has also shown strong growth with the number of
The number of reporting instruments in European countries                                 identified sustainability reporting instruments increasing by
has continued to grow significantly since 2013. Our research                              about 75 percent since 2013. Many of these instruments (31
identified 155 instruments in 2016 compared with 80 in 2013.                              out of 108) are new reporting rules introduced by financial
Some of these new instruments relate to the transposition of                              market regulators. In fact, in Asia Pacific, stock exchanges and
the EU Non-Financial Reporting Directive as EU member states                              financial or industry regulators are now responsible for a greater
put in place or prepare for national implementation measures8.                            number of reporting instruments than governments – they
The directive requires large companies to disclose information                            account for 50 percent of instruments compared to 45 percent
on policies, risks and outcomes related to environmental                                  of instruments from governments. In 2013 the reverse was true
matters, social and employee-related aspects, respect for                                 and the majority of instruments (58 percent) were issued
human rights, anti-corruption and bribery issues, as well as                              by governments.
diversity.9                                                                               The growth trend in Asia Pacific echoes the findings of KPMG’s
New EU reporting instruments have also been introduced that                               2015 Survey of Corporate Responsibility Reporting which
focus on climate change mitigation (e.g. energy efficiency                                reported that many Asia Pacific countries have high rates of
and greenhouse gas (GHG) emissions trading) as well as new                                sustainability reporting driven by regulation. These countries
                                                                                          include India, Indonesia, Malaysia and South Korea.10

Figure 2: Rate of sustainability reporting among the 100 largest companies per country

                                                                      71% 73%74%
                       76% 77%
                                                                                                                                       Asia Pacific
                                                                        2011     2013 2015

                                                                               Africa & Middle East                                 49%
                2011   2013 2015                                                        54%53%

                                                                                                                                     2011   2013 2015

                                                                                 2011   2013 2015

Source: KPMG Survey of Corporate Responsibility Reporting 2015

    ‘Public-interest entities’ as defined by Art. 2 of the 2013 Accounting Directive
    (Directive 2013/34/EU of 26 June 2013) with over 500 employees: listed
    companies, credit institutions, insurance undertakings, and others defined            10
                                                                                               KPMG International. (2015) Currents of Change: The KPMG Survey of
    by EU Member States as public-interest entities                                            Corporate Responsibility Reporting 2015

Search the Carrots & Sticks 2016 database of reporting instruments:                                                                   11
Part 2: Are most reporting instruments
mandatory or voluntary?
Mandatory instruments dominate but                                 government regulation. This is especially the case in OECD
growth in voluntary instruments is strong                          countries, where new reporting requirements have been
                                                                   introduced through laws such as company acts, and accounting
The majority of instruments identified in this research, around    regulations, as well as instruments that address reporting on
two thirds of the total, are mandatory. Around one third are       specific themes such as corporate governance or environmental
voluntary.                                                         pollutants.
While over 100 (115) new mandatory instruments have been           Noteworthy in Europe has been the emergence of mandatory
introduced, the proportion of instruments that are mandatory       requirements from governments or the EU Commission that
versus voluntary has dropped to 65 percent of the total in 2016,   require reporting not only on specific environmental or social
compared with 72 percent in 2013. In earlier editions of Carrots   issues but also on broad-based non-financial performance.
& Sticks during the 2000s the trend has been for the proportion    One example is the historical evolution from the EU Accounts
of mandatory instruments to increase.                              Modernization Directive (2003) to the EU Non-Financial
In many countries, early voluntary efforts by companies            Reporting Directive (2014).
to measure and report on their corporate responsibility or
sustainability performance have been followed by increasing
mandatory disclosure requirements introduced through

                         Figure 3: Mandatory vs voluntary instruments, 2016 vs 2013

                         400                                                                    Key:
                         350                                                             Voluntary
                         300                                                            Mandatory
                         250      35%
                         150                                                              28%
                                  65%                                                     72%
                                             2016                             2013

   12        Carrots&Sticks
Figure 4: Mandatory vs voluntary instruments by region

                                                                       Europe                                                                    Key:


               North America                                                                                       Asia Pacific
         20%                    22%                                                64%
         80%                    78%                                  2016   2013
                2016    2013                                                                                 38%
                                                                       Africa & Middle East
                               Latin America
                                                                     21%                                                          32%
                       42%                                           79%                   58%
                                               41%                          2016    2013                     62%                  68%
                       58%                     59%                                                                  2016   2013
                               2016    2013

Around one in ten instruments adopts a                                             In some countries the ‘comply or explain’ approach, even when
‘comply or explain’ approach                                                       applied to voluntary instruments, can result in a high level of
                                                                                   sustainability reporting, due to peer pressure. The system in
Some 38 reporting instruments – around one in ten – adopts                         China illustrates the close interrelation between voluntary and
a ‘comply or explain’ approach. This approach can be taken by                      mandatory approaches. In this case, industry regulatory bodies
both mandatory and voluntary reporting instruments.                                and local governments follow the regulatory approach of
The prevalence of ‘comply or explain’ approaches is spread quite                   central government, while state-owned enterprises act as ‘pilots’
evenly between Europe, Latin America and Asia Pacific. In Africa,                  to set an example to others. Eventually, private companies
it has also been introduced in South Africa and Kenya11.                           follow suit by complying with supposedly voluntary initiatives.
                                                                                   Key regulators in this Chinese approach include the China
Stock exchanges and financial market or industry regulators                        Securities Regulatory Commission as well as the State-owned
seem to be the most likely to employ the ‘comply or explain’                       Assets Supervision and Administration Commission.
approach. Over half (21 out of 38) the ‘comply or explain’
instruments identified in 2016 were introduced by these types
of organizations. The ‘comply or explain’ approach was debated
at the 2012 Rio+20 United Nations Conference on Sustainable
Development in the context of an event titled “Report or
Explain Campaign Forum” convened by GRI and its partners12.

     In South Africa the King Code on Corporate Governance (King III) and
     Johannesburg Stock Exchange introduced an “apply or explain” approach
     in 2009, one followed by regulators in for example the UK, Denmark and

Part 3: Which organizations are issuing
the most reporting instruments?
                          Figure 5: Number of instruments by issuing body, 2016

                          250         223
                              50                                  44                             32
                                   Governments    Financial      Stock          Industry       Other
                                                 regulators   exchanges        regulators

Governments issue the most                                             for the environment (57), business or trade and industry (28)
sustainability reporting instruments                                   as well as finance or treasury (22). Among the diverse group of
                                                                       “others” more common examples are departments of energy,
Government regulation accounts for the largest proportion of           labour and health.
sustainability reporting instruments worldwide, according to
our 2016 research: almost three fifths of the total number of
                                                                       Growing activity from financial market
instruments identified.
                                                                       regulators and stock exchanges
Governments in over 80 percent of the countries studied
                                                                       The level of activity of stock exchanges and financial market
in this research have introduced some form of regulatory
                                                                       regulators is noteworthy in the 2016 edition of this report, with
sustainability reporting instrument (some 52 of the 64 countries
                                                                       these two groups together responsible for almost one third (29
with reporting instruments). This is a similar percentage to 2013
                                                                       percent) of all sustainability reporting instruments identified in
when Carrots & Sticks identified 37 out of 44 countries with
government regulation. Almost half of government regulations
are from European countries (104 of 223).                              Financial market regulators are the second most active issuers
                                                                       of sustainability reporting instruments after governments. In
While governments are the most common issuers of
                                                                       a number of cases the instruments they issue are focused on
sustainability reporting instruments, this does not mean that
                                                                       specific actors in the financial sector, such as pension funds
all government instruments mandate sustainability reporting.
                                                                       or banks. Examples of instruments issued by financial sector
Over a quarter (56 out of 223) of government instruments
                                                                       bodies include the Guidance Regarding Disclosure Related
identified in 2016 are voluntary. Typical examples are national
                                                                       to Climate Change (2010) issued by the US Securities and
action plans, such as the Chilean Action plan on Corporate
                                                                       Exchange Commission.
Social Responsibility 2015-2018, the Dutch National Action Plan
on Business and Human Rights, and the South Korean Five Year           The number of reporting instruments issued by stock exchanges
Sustainable Development Action Plan.                                   has almost doubled from the 23 identified in our 2013 research
                                                                       to 44 in 2016.
It is also important to consider which part of government
issues the reporting instruments (for example laws, regulations,       One factor to consider here is whether the stock exchange
guidelines or action plans), mindful that different governmental       is a for-profit company or a governmental, not-for-profit
departments have their specific mandates and thematic focus            organisation. Factsheets on 78 members of the World
areas. From Carrots & Sticks 2016 it appears that most of the          Federation of Exchanges shows that 52 exchanges are for-profit
governmental initiatives have been undertaken by departments           (listed or private companies) and 26 exchanges are non-

   14        Carrots&Sticks
Figure 6: Breakdown of reporting instruments by type, 2016

                                 200                                                                                   Other
                                          4                                                                  Stock exchange
                                 150     13                                                        Financial market regulator
                                 100                          28
                                                              25                                            10
                                                                                         4                  14
                                  50                                                     1                  12
                                   0 150                      33                         2                  37
                                             Regulations      Codes of conduct            Standards                Other
                                                                or guidance

                                N.B. Other includes government actions plans, strategies and national schemes.

profit associations or governmental organizations.13 From our                       It is also likely that the Sustainable Stock Exchanges (SSE)
stocktaking, it appears that the for-profit exchanges tend to be                    Initiative has had an impact on the growth of stock exchange
more active in introducing ESG-related listing requirements.                        instruments.14 The initiative was launched in 2009 by the UN
                                                                                    Conference on Trade and Development (UNCTAD), the UN
Growth in stock exchange reporting instruments has been
                                                                                    Global Compact, the UN Environment Programme Finance
particularly high in emerging markets: in 2016, almost half
                                                                                    Initiative (UNEP FI), and the Principles for Responsible
the stock exchange reporting instruments identified are in
                                                                                    Investment (PRI).
emerging markets, including locations such as Hong Kong,
Shanghai, Shenzhen, Singapore, Kuala Lumpur, Sao Paulo and                          The first five members of the SSE Partner Exchanges established
Johannesburg. This may reflect an expectation from stock                            in 2012 were the BM&F BOVESPA (Sao Paulo, Brazil), the
exchanges that sustainability and corporate governance                              Egyptian Exchange, Johannesburg Stock Exchange, Borsa
standards make their markets more attractive to foreign                             Istanbul and Nasdaq. The initiative has now grown to over
investors, among other incentives.                                                  50 partner exchanges and model guidance for sustainability
                                                                                    reporting has been developed, in cooperation with GRI.
Stock exchanges in emerging markets likely see further
advantages in implementing sustainability reporting
instruments such as promoting market stability and ensuring
proper risk management in listed companies, as well as a means
to encourage companies to contribute to tackling social and
environmental challenges.

     See the factsheets listed by the United Nations Conference on Trade and
     Development (UNCTAD) at
     The research among others indicates that very few stock exchanges in
     the MENA region are entirely self-regulated, signaling more active state
     oversight.                                                                     14
                                                                                         The Sustainable Stock Exchanges Initiative

Search the Carrots & Sticks 2016 database of reporting instruments:                                                                  15
Part 4: Do these instruments cover all
organizations or only specific types?
Almost half of reporting instruments                                  Some initiatives support SME reporting
address large listed companies                                        In many countries, reporting instruments focus initially on large
Almost 30 percent of reporting instruments apply only to              companies, state-owned enterprises, the largest companies in
large listed companies and of these almost three quarters             the stock exchange and companies operating in high-impact
(73 percent) are from financial market regulators and stock           sectors. Regulators commonly focus on the largest companies
exchanges. A further 14 percent of all instruments apply to           because those companies have the financial and human
large companies, both listed and unlisted.                            resources required to manage reporting and may already have
                                                                      experience in doing so, while smaller companies often lack the
Instruments that apply to large organizations define “large”
                                                                      capacity to report.15
by various metrics including the number of employees (such
as over 500 in the case of the EU Non-Financial Reporting             Peer pressure is also a factor. As more large companies start to
Directive), equity (such as over CDN$1 billion in the Bank Act        report, the pressure to follow suit grows on those who do not
of Canada) or turnover (such as over US$160 million in the            yet do so. Furthermore, large companies in the public eye are
Companies Bill of India).                                             arguably more likely to attract scrutiny of their sustainability
                                                                      performance than many smaller companies.
Around 40 percent apply to all companies                              Despite this, small and medium enterprises (SMEs) play a critical
Around 40 percent of sustainability reporting instruments apply       role in global value chains because large companies often rely
either to all companies (without distinction by size, listing or      on them to supply raw materials, goods and services. There is
sector) or to all companies except state-owned companies.             therefore an ongoing debate around whether SMEs should
                                                                      account for their sustainability impacts in the same way as most
Governments are the most active in issuing reporting                  large companies do.
instruments with the widest scope: 84 percent of instruments
that cover all types of organization are issued by governments        Policy makers face a dilemma here. SMEs have limited resources
and the remainder by financial market regulators, industry            to report so voluntary instruments may have limited impact.
regulators or other bodies.                                           This leaves policy makers and regulators with the decision
                                                                      of whether or not to introduce instruments that mandate
                                                                      sustainability reporting by smaller companies.

              Figure 7: Organizations covered by instruments, 2016



               50             Listed &
                       52                28                23                       9                155
                             Large        State-owned          Public sector             SMEs                 All
                          companies        companies          organizations                                companies

                                                                           UNEP & Group of Friends of Paragraph 47, Evaluating National Policies on
                                                                           Corporate Sustainability Reporting, 2015

   16        Carrots&Sticks
A handful of countries such as Chile and Spain have introduced                (2010) which targets investors, the Corporate Governance Code
initiatives that include support for SMEs to take on sustainability           for Investors (2005) in Germany and the Swedish Mandatory
reporting based on use of the GRI Standards. In Spain, for                    ESG Disclosure for Pension Funds (2000). In Spain, the Spanish
example, the government of Catalonia with the Chamber of                      Sustainable Economy Law (2011) targets pension funds
Commerce initiated this as part of a CSR action plan with a                   among others, while in Italy the Mandatory ESG Disclosure and
group of SMEs.                                                                Investment Policy (2012) also targets pension funds.
                                                                              In the Asia Pacific region, instruments include the Financial
Sector-specific reporting instruments                                         Services Reform Act (2010) of Australia, the Guidelines on
target finance and heavy industries                                           CSR for Financial Institutions (2009) in China, the Malaysian
                                                                              Code for Institutional Investors (2014), the Social Contribution
Our 2016 research found that around one in five instruments                   Performance Reporting System (2013) for the insurance industry
(75) targets specific industry sectors.                                       in South Korea and the Environmental Risk Management
The finance and heavy industry sectors are a particular focus for             Guidelines for Financial Institutions (2011) in Bangladesh.
policy makers and regulators. Examples of this are the extractive             Beyond the financial sector, heavy industries worldwide are
industries specified in the Dodd-Frank Act16 and the extractive               targeted for their greater sustainability impacts relative to other
and logging industries in the EU Accounting Directive.17                      sectors, especially in the environment and health areas. In 2016,
The number of reporting instruments for companies in the                      almost 40 percent (39) of sector-specific reporting instruments
financial services sector has more than doubled from 2013                     apply to heavy industries. In OECD countries this often involves
to 2016. They now account for almost 40 percent of sector                     disclosure requirements to set up or refine national pollutant
specific instruments. This is in part one of the consequences of              release and transfer registers or GHG trading registries.
the global financial crisis of 2008 onwards. For example, in the              Geographically, around three quarters of reporting instruments
US, such reporting instruments have formed part of broader                    governing heavy industry (including extractives such as mining
regulation targeting all listed companies, notably the Dodd-                  and oil & gas) are found in Latin America, Asia Pacific and North
Frank Wall Street Reform and Consumer Protection Act (2010)                   American countries, such as Brazil, Canada and China. This
and Regulation S-K (2010).                                                    reflects the concentrations of extractive company operations
Two thirds (67 percent) of sustainability reporting instruments               and potential impacts, and may also reflect stakeholder
governing the financial services sector are in Asia Pacific or                pressure from communities and campaigners on industry
Europe. In Europe these include the UK Stewardship Code                       leaders and policy makers.

                              Figure 8: Sector-specific instruments, 2016 vs 2013

                             80                                                                                     Key:
                                                                                                                Other X
                             70                                                                       Heavy industry X
                                                                                                    Financial services X
                             60          24%
                             30          39%
                                         37%                                                             24%
                                                        2016                                2013
     Dodd-Frank Act
     EU Accounting Directive

Part 5: Do instruments require reporting
in specific formats?
Regulators increasingly require                                          Around half (45 percent) the instruments identified in 2016
sustainability information in annual                                     require or encourage companies to disclose their sustainability
                                                                         information in other ways (i.e. in forms other than annual
                                                                         financial, integrated or stand-alone sustainability reports) or
Governments and regulators increasingly require or encourage             do not specify the format of disclosure. These other forms can
companies to disclose sustainability information in their                include stand-alone disclosure of data to government such as
annual reports, according to our 2016 research. The number               greenhouse gas emissions, waste or employment figures, or the
of reporting instruments that require this has grown from 67             publication of policies or action plans on specific themes such
to 127 between 2013 and 2016. While this increase is in part             as labor, social impact or biodiversity.
due to a greater number of countries being studied in the 2016
                                                                         Examples of direct disclosure to governments include
research, it may also relate to greater pressure from financial
                                                                         the Toxics Release Inventory (TRI) in the US and the European
institutions, notably institutional investors, for improved
                                                                         Pollutant Release and Transfer Register (E-PRTR). In both cases
information about the material relevance of sustainability risks.
                                                                         the data has been published electronically and provided
Reporting instruments that require disclosure in stand-alone             local stakeholders with site level information, leading to
sustainability reports have also increased but by a lower                reductions in facility emission levels. More recently in China,
proportion. Whereas the number of instruments specifying                 the Environmental Protection Law, revised in 2014, is expected
disclosure in the annual report has increased by almost 100              to support efforts by local communities to obtain credible site
percent, the number of instruments specifying disclosure in              level data on air, water and soil pollution.
sustainability reports has increased by just over 50 percent.

                  Figure 9: Format of reporting required by instruments, 2016 vs 2013

                  250                                                                      Sustainability report (SR)
                                                                                                       AR and/or SR
                                                                                                   Integrated report
                                                                                                 Annual report (AR)

                  150             76
                  100                                                                                  50

                                 127                                                                    65
                                              2016                                       2013
                  N.B. The base for this chart is the 209 instruments that specify the format of reporting that is
                  required. Instruments that do not specify a reporting format are not shown here.

   18        Carrots&Sticks
Part 6: How many reporting instruments
focus on specific environmental or social
                             Figure 10: Themes addressed by instruments, 2016 vs 2013

                                          147                                                                        Key:
                                                                         133                                      2016

                              90                      79                              76             74

                                              General                    Environmental                  Social

A majority of instruments apply to                                                  of effective governance. Some countries have implemented
reporting of specific environmental or                                              national action plans to address these topics, such as Spain
                                                                                    with its Strategy for Corporate Social Responsibility 2014-2020,
social factors
                                                                                    introduced in response to the EU’s CSR Strategy. Other countries
Over three fifths (61 percent) of the instruments identified in                     introducing national CSR action plans include France (under
our 2016 research cover reporting on specific environmental                         development at time of writing) and Switzerland (adopted),
or social topics. The remaining two fifths require or encourage                     while some countries – such as Norway - have introduced
reporting of general sustainability information.                                    specific action plans in response to the UN Guiding Principles
                                                                                    on Business and Human Rights.
A large increase in instruments driving
reporting of social information                                                     Given the significant social problems faced by many emerging
                                                                                    markets, one might expect a greater focus on socially-themed
The number of instruments identified that focus on reporting                        reporting instruments in these countries. However, our 2016
of social information has almost doubled since 2013, growing                        research suggests that current reporting instruments in these
faster than instruments that focus on the reporting of                              countries are more likely to apply to environmental reporting or
environmental information.                                                          general sustainability reporting.
Social information covered by these instruments include human                       South Africa is one emerging economy where a special interest
rights, health and safety, working conditions and training.                         in the social agenda can be noted. The country has laws related
Around half (46 percent) the instruments we found that focus                        to the reporting of procurement, social and labor plans, as well
on reporting of social information are in European countries.                       as employment equity reports that have to be submitted to
However, a significant number (around one quarter) are in Asia                      government.
Pacific countries including Australia, Malaysia, China and Japan.
                                                                                    The focus of disclosure instruments in Asia tends to be
The global financial crisis has strengthened public interest                        influenced by regional sustainability megatrends such as
worldwide in equality and social issues (for example, as                            urbanization and the associated pollution and public health
evidenced by the international Occupy Movement and other                            problems. Special interest in socio-economic impacts can
similar movements) as well as highlighting the importance                           be seen in the introduction of laws such as the Company

Search the Carrots & Sticks 2016 database of reporting instruments:                                                   19
Liability Act (2007, 2012) in Indonesia as well as the Companies                  However, the rate of increase in environmental reporting
Bill (2013) in India which was a world first in introducing a                     instruments between 2013 and 2016 was less than the overall
mandatory CSR spending requirement for companies with a                           rate of increase in instruments, indicating a slight slowing.
certain net worth (including foreign multinationals operating
                                                                                  Growth in environmental reporting instruments since 2013
in India). Also in India, the Securities & Exchange Board of India
                                                                                  has come predominantly from Europe, Asia Pacific countries
(SEBI) requires the top 500 companies listed on the country’s
                                                                                  and from the US. France, Spain and Australia in particular saw
stock exchanges to include Business Responsibility Reports in
                                                                                  an increase in such instruments. Environmental disclosure
their annual reports.
                                                                                  requirements could increase globally following the recent
Governments are expected to develop National Action Plans                         Paris Agreement at the UN climate conference in Paris (COP21,
(NAPs) on Business and Human Rights to respond to the                             December 2015) which is likely to result in a significant increase
UN Guiding Principles (UNGP), unanimously endorsed at                             worldwide in regulations governing the disclosure of emissions
the General Assembly in 2011. To date, ten countries have                         of carbon and other GHGs.19
developed a NAP although this number is expected to rise
                                                                                  New environmental reporting instruments introduced since
as pressure from stakeholders increases. These NAPs are
                                                                                  2013 include measures to set up national GHG emissions
expected to encompass a reporting element in order to address
                                                                                  registries and improve company disclosure of GHG emissions
and mitigate human rights impacts in the business context.
                                                                                  in Spain, Mexico and the UK for example. Since 2015 in France,
Guidance on NAPs from the UN Working Group on Business and
                                                                                  Article 173 of the French Energy Transition Law20 among others
Human Rights recommends that governments support efforts
                                                                                  requires listed companies to disclose risks related to the effects
to promote transparency and encourages the use of existing
                                                                                  of climate change in the report by the chairman of the board
reporting frameworks.18
                                                                                  of directors . France now also requires institutional investors
Some instruments that apply to a specific area of social                          to report on the climate risk exposure of their portfolios, the
information are the direct result of public dissatisfaction over                  products that contribute to financing the transition to the
poor corporate responsibility standards in supply chains.                         low carbon economy, as well as the carbon emissions of their
Examples include the Dodd-Frank Act (2010, conflict minerals)                     investment portfolios.
and the Business Supply Chain Transparency on Trafficking and
                                                                                  The green bonds market is another focus for recently-
Slavery Act (2015) in the US as well as Sustainability Reporting
                                                                                  introduced environmental reporting instruments. The value
Guidelines for Apparel and Textile Enterprises (2008) in China.
                                                                                  of green bonds issued has grown rapidly over recent years. In
                                                                                  the year 2007, the value of green bonds issued was only US$1
Growth in environmental reporting                                                 billion, whereas green bonds valued at over US$41 billion
instruments has slowed                                                            were issued in 2015.21 Issuers include development banks,
There are still more instruments that focus on environmental                      municipalities and large corporations who may be expected
reporting than social reporting and this is not surprising given                  to disclose information on financed green projects regularly,
the longer history of environmental regulations worldwide.                        before and after the issuing of green bonds.
Environmental reporting instruments have been fueled over
the past decade by many environmental trends, including the
development of new GHG markets and regulations that require
disclosure of reliable GHG emissions data and other climate-
related information.

     The UNGP emphasize the importance of transparency and communication          21
                                                                                       Source: Climate Bonds Initiative at
     both for States and companies (Principles 3d and 21 of the UNGP). In doing        final-2014-green-bond-total-366bn-%E2%80%93-that%E2%80%99s-more-
     so, the UNGP recognize that reporting is a key element for companies to           x3-last-year%E2%80%99s-total-biggest-year-ever-green and http://www.
     address and mitigate human rights impacts, in which states and businesses
     have a role to play.                                                              to-158-billion-in-2016-hsbc-says

       20        Carrots&Sticks
Figure 11: General sustainability reporting instruments vs instruments focused on reporting of specific environmental
and social factors, 2016
                                                                                                                            Specific social
  350     55                                                                                            Specifc environmental and social
  300     47                                                                                                      Specific environmental
  250     27                                                                                                       General sustainability

  150 106                                          25
                              2                    23                    11                   11                      6
  100                         6                    11                    11                    1                      6
                              0                    36                     9                    4                      3
   50                        13                                          35                   16                      6
        147                   4                    59                    42                   24                     18
                  All               North                 Europe                Asia                  Latin                Africa &
               countries           America                                     Pacific               America              Middle East

A majority of reporting instruments                                 In recent years governments have begun to take action on
in North America focus on specific                                  promoting more transparent tax reporting, such as the UK
                                                                    with the UK Finance Act and the EU and Norway with the
environmental or social factors
                                                                    regulation for extractive and logging industries to report on
In North America over three quarters of reporting instruments       payments to governments. This is being driven in part by the
focus on a specific environmental or social factor. This is         OECD’s promotion of “fair play” in international taxation - i.e.
primarily driven by the US, where only 1 of 16 reporting            the disclosure of data on revenues, profit and taxes paid on a
instruments is related to general sustainability and almost two     country-by-country basis.
thirds (63 percent) are focused on environmental reporting.
                                                                    The European Parliament in July 2015 voted in favor of
The proliferation of US instruments focused on specific             measures to increase the transparency of the finances of
reporting topics may be connected to a tendency to focus on         multinational corporations. In 2016, the European Commission
specific legal norms rather than embracing generic principles.      strengthened planned tax disclosure measures by tabling
It may also be related to controversial issues that have captured   a proposal for a directive under which all companies and
the public debate in the US, resulting for example in laws that     subsidiaries with annual turnovers of more than US$85 million
require reporting on specific issues such as slavery (Business      would have to publish a country-by-country breakdown of
Supply Chain Transparency on Trafficking and Slavery Act            profits, tax, employees and net turnover, including activities in
2015), conflict minerals (Dodd–Frank Wall Street Reform and         tax havens outside the EU.
Consumer Protection 2010) and climate change (SEC Guidance
                                                                    The unprecedented leak of data in the ‘Panama Papers’ shared
on Disclosure Related to Climate Change, 2010).
                                                                    by the International Consortium of Investigative Journalists
                                                                    (ICIJ) with various newspapers in April 2016 has turned the
Regulation on tax disclosure increases                              international spotlight on the use of offshore tax havens. It is
Companies are coming under increasing regulatory pressure           likely to put further pressure on regulators to strengthen tax
to demonstrate they have responsible tax strategies in place        reporting and disclosure instruments worldwide.22
that ensure they pay their fair share of taxes in all countries
in which they operate. Sustainability ratings such as the Dow
Jones Sustainability Index are adding pressure by factoring
responsible taxation policies into their assessment criteria.


This 10th anniversary edition of Carrots & Sticks provides an        At the same time as pressure grows for companies to be more
overview of the growth in reporting instruments worldwide. It        transparent on a wide range of issues, there are also calls for
looks at their voluntary or mandatory nature, who issued them        reporting to prioritize and focus on the topics that are most
and who they target, to what extent they specify reporting           relevant and material to the creation of long-term value
formats and how many address specific environmental or social        both for businesses and their shareholders, and for society
themes.                                                              as a whole. Reporters and regulators will need find a way to
                                                                     strike the right balance between what could be perceived as
What is perhaps most striking about the findings of this
                                                                     competing calls for comprehensiveness and focus.
edition is the number and variety of sustainability reporting
instruments that now exist and the number of countries in            While Carrots & Sticks first and foremost provides a summarized
which they are applied.                                              quantitative overview of the current landscape of reporting
                                                                     instruments, we recognize that there are unanswered
This is encouraging, given that only ten years ago such
                                                                     questions. As our Advisory Committee noted, questions can
instruments were the exception rather than the rule. The
                                                                     be asked about the impact, context and drivers behind each
findings reflect a commendable effort by governments,
                                                                     instrument, and the sector or economy in which it is issued.
regulators, stock exchanges and others to implement
sustainability reporting policies through regulation, guidance       For example, how effective are these instruments? How
and other instruments.                                               successful is action by governments in achieving their
                                                                     objectives? What is the quality of the reported information that
At the same time, our 2016 report also paints a picture of
                                                                     results from these instruments? How valuable is the information
a rapidly growing, increasingly complex and fragmented
                                                                     in terms of enhancing transparency and accountability? To what
landscape of reporting instruments. Some duplication and
                                                                     extent does the reporting bring us closer to the sustainable
overlap is inevitable.
                                                                     world envisioned by the 2030 Agenda for Sustainable
While the trend is in the right direction, an important next step    Development (including the 17 SDGs)?
is for the bodies that issue reporting instruments to focus on co-
                                                                     Such questions lie beyond the scope of this report but are
ordination and harmonization. That will require increased levels
                                                                     important to address. We hope that Carrots & Sticks helps to lay
of collaboration and joint commitments between these bodies.
                                                                     the groundwork for a continuing and wide-ranging research
More collaboration between reporting organizations would also
                                                                     agenda. We encourage other organizations and the research
benefit the process.
                                                                     community to pick up the baton and build on our work.
Furthermore, the wide range of themes addressed by reporting
                                                                     Lastly, we hope that Carrots & Sticks inspires governments,
instruments raises questions of prioritization and materiality.
                                                                     regulators and others to continue to develop effective
There is a growing public expectation for organizations to be
                                                                     regulations and other instruments that support sustainability
transparent on an expanding range of sustainability issues.
                                                                     reporting as an important tool to help create the sustainable
Indeed Carrots & Sticks illustrates how public opinion can
                                                                     world we strive for.
drive the reporting and regulatory agenda. Human rights and
corporate tax are just two examples of topics that have recently
influenced the global political agenda as a result of stronger
public consciousness of these issues.

   22        Carrots&Sticks
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