Can FMPs remove sections in the precontractual and periodic disclosure templates
provided in Annex II to Annex V of the Delegated Regulation that are not deemed relevant
for their financial product?

Question

ESA Joint Committee (EBA, ESMA, EIOPA) · Accepted Answer

FMPs can remove the sections that are deemed not relevant for their financial product in the
disclosure templates only if those sections are accompanied by a red text instruction that explicitly
limits the scope of application of the section.
For illustration purposes, without being exhaustive, the following instructions as reproduced from
Annex II of the Delegated Regulation, which show the limitation of the scope of application of the
sections and hence would allow the removal of the section as deemed appropriate by the FMP for
its financial product: “[include a description for the financial product that partially intends to make
sustainable investments]”, “[for financial products that use derivatives as defined in Article 2(1), point
29), of Regulation (EU) No 600/2014 to attain the environmental or social characteristics they
promote, describe how the use of those derivatives meets those characteristics]”, or “[include section
only where the financial product includes sustainable investments with a social objective].”

Can FMPs remove sections in the precontractual and periodic disclosure templates provided in Annex II to Annex V of the Delegated Regulation that are not deemed relevant for their financial product?

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