By Victoria Joy, Consultant
The prospect of larger UK companies having to report their
greenhouse gas (GHG) emissions has been on the cards for a while, but it has
now become a lot more certain. Draft
legislation, the Companies
Act 2006 (Strategic Report and Directors’ Report) Regulations 2013, was
laid before Parliament on 10th June. The
regulations are subject to the affirmative resolution procedure, meaning that
approval by both Houses of Parliament is required before they take effect, but
this process is little more than a formality and is likely to be concluded soon.
From 1st October this year, the new regulations will amend
the existing directors' annual reporting requirements (as set out in the Large
and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008)
to oblige UK quoted companies to include reporting on their GHG emissions. This affects all UK incorporated companies
listed on the LSE's main market as well as those listed on a market within the
EEA or whose shares are traded on the NYSE or NASDAQ. The requirement applies to each company starting
from its annual report covering the financial year ending on or after 30th
September 2013.
For the purposes of this new reporting requirement, GHG
means the six Kyoto Protocol gases, namely carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride. Emissions from activities for which a company
is responsible and that are due to human activity must be reported, as tonnes
of carbon dioxide equivalent. The
requirement applies only to emissions resulting from the combustion of fuel,
the operation of the company's facilities and the purchase of electricity,
heat, steam or cooling by the company for its own use, i.e. scope 1 and scope 2
emissions under the widely used GHG
Protocol. Transport emissions are
caught (since they involve the combustion of fuel), but scope 3 emissions (such
as those arising from supply chain activities and emissions from the company's
products once they have been sold) are not.
Any company that finds it is impractical to obtain the required
information will not be in breach of the new regulations provided that its annual
report states what information is not included and why. In practice, pressure
from shareholders and other stakeholders is likely to make incomplete reporting
under this "comply or explain" provision increasingly rare as time
passes.
There is no requirement for independent verification, but in
an effort to eliminate "greenwashing" annual reports must state the
methodologies used to calculate the emissions.
The company's auditors will have to carry out a very basic check on the
reported information to assess it for consistency with the financial statements
and their knowledge of the business.
Also, at least one intensity ratio must be included to express the
company’s annual emissions in relation to its activities, such as tonnes of
carbon dioxide equivalent per tonne of production, per 1,000 hours of operation
or per £million of sales revenue. This may
make it easier to compare one company's performance with another's, as will the
requirement that, after the first year's report, the previous year's figures
must be included as well as the current year's.
Defra updated its environmental reporting guidance this
month (Environmental
Reporting Guidelines: Including mandatory greenhouse gas emissions reporting
guidance) to help UK companies subject to the new requirements as well as
those organisations that wish to report voluntarily on their environmental
performance. It gives a single page
corporate GHG report as an example, but companies are free to choose whatever
format they like. The guidance goes into
detail on such matters as how to set about scoping the reporting requirement and
deciding which methodology to use.
Although the new regulations are made under the Companies
Act 2006 and therefore only affect companies, some public bodies such as
Government departments and local authorities are otherwise required, or are strongly
encouraged, to report their GHG emissions.
There are overlaps too with existing emissions reporting requirements
under the CRC, Climate Change Agreements and the EU Emissions Trading
System. The areas of overlap may
increase in the future because, while only about 1,100 companies will be
affected by the new reporting requirements for quoted companies from this
autumn, the Government has stated that it will carry out a review after the first
two years of reporting and then decide in 2016 whether to extend the
requirements to all UK companies defined as "large", of which there
are estimated to be between 17,000 and 31,000.