Are the requirements of CSRD transposed? If yes, what was the implementation date and what is the name of the legislation?
Yes. The CSRD has been transposed through a law of 2 December 2024 and a Royal Decree of 16 March 2025. The transposing legislation implements the core CSRD obligations, including reporting on environmental, social and governance factors, subject to the scope, assurance and enforcement provisions described in the adjacent columns. The Stop-the-Clock Directive was transposed through a law of 12 December 2025. The Omnibus I Directive has been partially transposed on 31 July 2026. The transposition amends Article 116 of the law of 2 December 2024 (the article setting out the phased implementation calendar), addressing the date of application for public interest organisations. The transposition deadline is 19 March 2027.
Has the local legislation extended the scope of the CSRD, by adding any additional requirements or going beyond the Directive in any way?
No.
How does the transposition affect different types of companies? Are there specific provisions for different sizes or types of companies, such as SMEs versus large enterprises?
The sustainability reporting obligation is phased in as follows: • 2025: for large public-interest entities with more than 500 employees, for 2024 financial year. • From 2027 onwards (financial year 2026): wave 1 public interest entities that do not exceed EUR 450 million in annual net turnover or an annual average of 1,000 employees are exempted; the same exemption applies on a consolidated basis for parent companies. • 2028: for large companies that are not public‑interest entities (the “second wave”), whose reporting duty is postponed by two years; they must now report for the financial year beginning in 2027 instead of 2025. • 2029: for listed SMEs (the “third wave”), also postponed by two years; they must report for the financial year beginning in 2028 instead of 2026. • 2029:for third‑country companies with large EU turnover, whose reporting obligation remains for financial years starting 1 January 2028 or later.
Do any enforcement provisions, such as sanctions or penalties exist under local law for non-compliance with CSRD?
Yes. Non-compliance may result in criminal or administrative sanctions under Belgian company and accounting law, including fines for directors.
© Eversheds Sutherland. All rights reserved. Eversheds Sutherland is a global provider of legal and other services operating through various separate and distinct legal entities. Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.
Connect with us
