ESA Joint Committee · sfdr-44 Final

Do Articles 6 and 7 of Regulation (EU) 2019/2088 apply only for new financial products or also for existing financial products on the date of application, 10 March 2021 (even for those financial prod

Regulation
SFDR
Answered
2022-05-17
Answer provided by
European Commission
⚠

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Question

Do Articles 6 and 7 of Regulation (EU) 2019/2088 apply only for new financial products or also for existing financial products on the date of application, 10 March 2021 (even for those financial products that are no longer made available to investors)? Specifically, do Articles 6 and 7 of Regulation (EU) 2019/2088 apply for existing portfolio management financial products? Do financial products that are no longer made available to new investors have to: a) update and deliver the pre-contractual disclosures under Article 6 and 7 of Regulation (EU) 2019/2088 to existing investors; and b) provide website and periodic disclosures under Articles 7, 10 and 11 of Regulation (EU) 2019/2088 to existing investors?

Answer

Regulation (EU) 2019/2088 does not provide for any specific transitional legal regime concerning financial products made available to end investors before 10 March 2021 that continue to be made available to end investors after that date. It therefore applies to those financial products. As regards situations of existing investors and where a financial product is no longer made available to end investors as of 10 March 2021 and a financial market participant draws up for such product a periodic report referred to in Article 11(2) of Regulation (EU) 2019/2088 after that date, the periodic report must comply with the requirements laid down in Article 11(1) of that Regulation. Such financial products must also comply with the rules on transparency of the promotion of environmental or social characteristics and of sustainable investment objectives on websites enshrined in Article 10(1) and (2) of Regulation (EU) 2019/2088. Article 2, point (12), of Regulation (EU) 2019/2088 includes a definition of financial products. A portfolio managed in accordance with Article 2, point (6), of Regulation (EU) 2019/2088 is a financial product for the purposes of that Regulation.

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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