Publication of the Commission Delegated Regulation (EU) with regard to regulatory technical standards on SFDR and Taxonomy Re…

After the entry into force of the Regulation (EU) 2019/2088 on sustainability‐related disclosures in the financial services sector on 10 March 2021 ("SFDR"), supplemented by the Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment on 1st January 2022 ("Taxonomy"), the European Commission published on 6 April 2022, its delegated regulation with regards to the regulatory technical standards on the content, methodologies and presentation of disclosures pursuant to SFDR and Taxonomy (the "Regulation").

When will the Regulation enter into force and application?

From 1st January 2023.

The publication of entity-level principal adverse impact ("PAI") disclosures on websites should be made by 30 June 2023 for the calendar year of 2022.

Who will have to apply and comply with the Regulation?

The financial market participants and financial advisers in relation to their various financial products (as defined in SFDR).

What is the aim of the Regulation?

The Regulation should:

  • enhance the comparability of Article 8 and 9 SFDR financial products from different financial services sectors;
  • facilitate the application of “sustainability preference” requirements laid down under Mifid II;
  • ensure a better information and protection of investors on their sustainable investments; and
  • reduce the occurrence of greenwashing.

What are the specific requirements of the Regulation?

The Regulation specifies the content and presentation, through various templates and tables, of the information to be disclosed in a fund’s documentation (i.e. prospectus, management report, website, etc.), in order to ensure the compliance with SFDR and Taxonomy.

The information will cover notably:

  • sustainability indicators and PAIs (Article 4 SFDR);
  • the promotion of environmental or social characteristics (Article 8 SFDR); and
  • sustainable investment objectives (Article 9 SFDR).

Will there be specific procedure for the implementation of the Regulation?

On 1st April 2022, the CSSF has encouraged financial market participants and financial advisers to use of the Regulation during the interim period until it comes into force, as a reference for the application and interpretation of SFDR and Taxonomy.

For further information, please consult the Regulation: https://ec.europa.eu/finance/docs/level-2-measures/C_2022_1931_1_EN_ACT_part1_v6%20(1).pdf

Mathieu Scodellaro

Principal, PwC Legal

Tel: +352 26 48 42 35 51