ESA Joint Committee · sfdr-59 Final

If a financial market participant has to report on the consideration of ESG factors due to legally required information duties, such as under Directive (EU) 2016/2341, does this already qualify as "pr

Name: If a financial market participant has to report on the consideration of ESG factors due to legally required information duties, such as under Directive (EU) 2016/2341, does this already qualify as "pr: ESA Joint Committee Q&A — EU Financial Regulatory Q&A
Creator: ESA Joint Committee (EBA, ESMA, EIOPA)
License: https://creativecommons.org/licenses/by/4.0/

Regulation: SFDR
Answered: 2022-11-17
Answer provided by: ESAs (EBA, ESMA, EIOPA)

More Q&As on this regulation →

⚠

Joint Committee Q&As are published in consolidated PDF documents without explicit question/answer delimiters. Section boundaries below are identified automatically and may occasionally be imprecise.

Question

If a financial market participant has to report on the consideration of ESG factors due to legally required information duties, such as under Directive (EU) 2016/2341, does this already qualify as "promoting environmental or social characteristics” within the meaning of Article 8 SFDR?

Answer

Whether disclosures under other EU legislation triggers the disclosures of SFDR depends on those disclosures. If the disclosures of an ESG nature consist of “promotion” of environmental or social characteristics, within the meaning of the European Commission’s SFDR Q&A from July 2021 (page 8), then such disclosures would trigger the Article 8 SFDR disclosures.

View original on ESA Joint Committee (EBA, ESMA, EIOPA) ↗

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.

Similar Q&As

Must a product to which Article 9(1), (2) or (3) of Regulation (EU) 2019/2088 applies only invest in sustainable investments as defined in Article 2(17) SFDR? If not, is a minimum share of sustainable

Answered 2021-07-14

Can a financial market participant rely on disclosures under Article 6(1) second sub- paragraph of the SFDR (which allow financial market participants to disclose in pre- contractual disclosures that

Answered 2024-07-25

Can a financial product “promote” carbon emissions reduction as an “environmental characteristic”, as opposed to having it as an “objective”? In other words, can a financial product disclose carbon em

Answered 2023-04-06

For the purpose of the disclosure of principal adverse impacts under Article 4(5)(a) of Regulation (EU) 2019/208, when a financial adviser recommends financial products or instruments that are not col

Answered 2022-05-17

If a financial market participant with more than 500 employees does not market or make available any financial products as defined in Article 2(12) SFDR, does the financial market participant still ha

Answered 2022-11-17

📋 Track EU financial regulation continuously

Forseti monitors EU financial regulation and delivers personalised alerts anchored to verified official sources.

Start free trial → Learn more

14-day free trial. No credit card required.