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Esas Submit SFDR Queries to The EU Commission

A brief recap – ESAs’ January 2021 letter to the EU Commission, EU Commission response and adoption of RTS Signed by the European Parliament and the Council of the European Union on 27 November 2019 and published in the Official Journal of the European Union on 9 December 2019, the Sustainable Finance Disclosure Regulation (SFDR)1 impacts both firm...

More Queries on SFDR

On 13 May 2022, the ESAs submitted ten further, relatively technical, queries6 to the EU Commission relating to the interpretation of EU law with reference to SFDR and the Taxonomy Regulation7. The questions are divided into the following categories: 1. Principal adverse impact (PAI) disclosures – The ESAs ask, where FMPs are below the threshold se...

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What are the taxonomy and disclosure regulations?

Together, the Taxonomy and Disclosure Regulations will require firms to disclose the degree of environmental sustainability of funds and pension products that are promoted as environmentally friendly, and include disclaimers where they do not (articles 8 and 9 of the Disclosure Regulation).

What does the EU Commission say about sustainable finance disclosures?

In its 11 April 2022 letter12, the EU Commission recognises that “developments in a novel and fast evolving area like sustainable finance disclosures will require regular adaptions of the regulatory technical standards to reflect increased demand for high quality sustainability-related information and to further promote supervisory convergence”.

Should portfolio management financial products continue to disclose under SFDR?

To existing portfolio management financial products. Good governance practices– the ESAs query whether, where a financial product disclosing under Article 8 or 9 of SFDR does not invest in companies with good governance, that financial product should be able to continue disclosing under Article 8, 9 and 11 of SFDR.

Do ESAS need to update the pre-contractual disclosures under SFDR?

The pre-contractual disclosures under Articles 6 and 7 of SFDR need to be updated and delivered to existing investors. Where financial products are no longer made available to new investors, the ESAs ask if: The website and periodic disclosures under Articles 7, 10 and 11 of SFDR need to be provided to investors.

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ONPOINT / A legal update from Dechert - “Risk Retentionizing” Your

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© 2021 Dechert LLP

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