ESG rating providers intending to operate within the EU must meet specific criteria, which involve securing authorisation from ESMA.
For ESG rating providers established outside the EU, compliance options include obtaining an equivalence decision, an endorsement of their ESG ratings, or recognition.
The Council has clarified the territorial scope of the regulation – and underlined what would fall under the remit of operating in the EU.
ESG rating providers opting for the lighter regime won’t pay ESMA supervisory fees but must follow general organizational and governance principles, along with being transparent to the public and users.
They’ll also be subject to ESMA’s powers for information requests and investigations. When they leave this temporary regime, small ESG rating providers must adhere to all the regulations, including governance and supervisory fee requirements.