Claiming to be “green” and “sustainable” has become a competitiveness perimeter in the EU, with green products registering greater growth than other products. However, not all products on the EU market are as environmentally friendly as presented by the companies and thus may be misleading to the consumers in relation to their environmental impact. Such…

“Green bonds”[1] have seen a steady increase in recent years, with over $500 billion in green bonds issued in 2022. However, there is some debate over whether all of these bonds were issued for activities that were in fact “green”.

To prevent “greenwashing”,[2] the EU Commission proposed a new regulation that creates standards…

Nitrogen deposits from construction activities (and the potentially required permit for such deposits on nature conservation areas) is an important element for real estate projects in The Netherlands. In short: when performing building activities and/or using a property, a permit under the Nature Conservation Act (Wet natuurbescherming) may be required for nitrogen deposits…

EU law requires certain large companies to disclose non-financial information on the way they operate and manage social and environmental challenges. The current disclosure regime was introduced in 2014 by Directive 2014/95/EU. Recently, the European Commission conducted a review of the NFRD rules, which showed strong support for mandatory sustainability reporting standards but also highlighted…

On Budget Day, 20 September 2022 (Prinsjesdag), the Dutch Ministry of Finance presented its 2023 tax plan (the Proposal). For the proposed bills discussed in this GT Alert to have effect, Parliament first must approve them. If approved, many of the proposed measures would take effect 1 January 2023.

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On Nov. 17, 2021, the European Commission adopted a proposal for a Regulation on Deforestation-Free Products. The purpose of the regulation is to ensure that only “deforestation-free” and legal – according to the laws of the country of origin – products are allowed on the EU market.

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Environmental risks are often difficult to quantify and liabilities can be substantial. In addition, there is the risk of regulatory action in the event of a violation of environmental law. These violations generally also qualify as a criminal offence under Dutch law. This Practice Note considers the environmental risks that can arise in corporate transactions…

There is a global trend to move capital to more sustainable economic activities. To ensure that capital is moved to the desired activities, several questions arise:

  • What is sustainable?
  • How is “greenwashing” prevented?
  • How is materiality of environmental, social, and corporate governance (ESG) issues determined?
  • Who must disclose and how?

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On March 10, 2021, “Regulation (EU) 2019/2088 of the European Parliament and of the Council of November 27, 2019 on sustainability‐related disclosures in the financial services sector” (as amended and supplemented by the Taxonomy Regulation ((EU) 2020/852, June 18, 2020 on the establishment of a framework to facilitate sustainable investment) (the SFDR) entered…