ESA Joint Committee · priips-102 Final

Taking into account Article 23(3) of Commission Regulation (EU) No. 583/2010, should the information on past performance in accordance with Article 8(3), first subparagraph of the PRIIPs Delegated Reg

Regulation
PRIIPs
Answered
2024-03-15
Answer provided by
ESAs (EBA, ESMA, EIOPA)
⚠

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Question

Taking into account Article 23(3) of Commission Regulation (EU) No. 583/2010, should the information on past performance in accordance with Article 8(3), first subparagraph of the PRIIPs Delegated Regulation be published no later than 35 business days after 31 December each year?

Answer

In line with Q&A 4 in the section XI. Investment funds the requirement for UCITS to make available past performance information no later than 35 business days after 31 December each year in Article 23(3) of Commission Regulation (EU) No. 583/2010 implementing Directive 2009/65/EC still applies, but the requirements on the content and presentation of the past performance information (Article 78(3)(c) of Directive 2009/65/EC) are replaced by the requirements for PRIIPs in Annex VIII of the PRIIPs Delegated Regulation. Therefore, UCITS are required to publish a duly revised presentation of past performance no later than 35 business days after 31 December each year. For other PRIIPs defined in point 1 of Annex VIII of the PRIIPs Delegated Regulation, including certain types of AIFs and unit-linked insurance-based investment products, the rules on the content and presentation of the past performance information are similarly contained in Annex VIII of the PRIIPs Delegated Regulation, including that information should be published for each complete calendar year (i.e. covering the period January to December each year), once available. A deadline is not specified for updating the information on past performance. However, for these other types of PRIIPs, it is also expected that the information on past performance is updated and published as soon as possible after the end of each calendar year, and consequently that this means it is also expected to be published within 35 business days after 31 December each year. Since the information on past performance is not published within the KID itself, it may not be necessary for the PRIIP manufacturer to review and revise the KID at the same time as publishing the updated information on past performance (e.g. if the requirement in Article 15 of the PRIIPs Delegated Regulation to review the KID every 12 months following the date of initial publication is separately satisfied).

This Q&A is published by ESA Joint Committee (EBA, ESMA, EIOPA) and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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