Emtract Ingest

UCITS Sustainability Risks Delegated Directive In force Unlisted

Overview

Jurisdiction
European Union
Topic
-
Instrument type
Delegated Act
Reference number
2021/1270
Valid from
2021-08-22
Valid to
2022-08-01
Modified date
2021-04-21
Listed at
Unlisted draft
Withdrawn at
-
Description
Amends Directive 2010/43/EU to require UCITS management companies and investment companies to integrate sustainability risks and sustainability factors into their governance, risk management and conflict-of-interest processes.

Ask Question

Sources

Source URL Crawler Publish date
https://publications.europa.eu/resource/celex/32021L1270 EUR-Lex Crawl 2021-04-21

Logs

Type Status Started at Finished at
No jobs yet.

Rule sets

Label Effective
Management companies 2022-08-01 — 9999-12-31
Applies from milestone:
Application Start (2022-08-01)
Expires at milestone:
-

No conditions.

Investment companies 2022-08-01 — 9999-12-31
Applies from milestone:
Application Start (2022-08-01)
Expires at milestone:
-

No conditions.

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title Kind Rule set
Take sustainability risks into account Due Diligence -
Description:
Take sustainability risks into account when complying with the requirements applicable to the management company's activities and organisation.
Frequency:
Continuous
Check frequency:
-
Products/Services:
UCITS managed by the management company and their activities
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 1(2), amending Article 4(1)
Source excerpt:
Member States shall ensure that management companies take into account sustainability risks when complying with the requirements laid down in the first subparagraph.
Retain resources and expertise Governance -
Description:
Retain the necessary resources and expertise for the effective integration of sustainability risks.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Management company's activities for the effective integration of sustainability risks
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 1(3), amending Article 5(5)
Source excerpt:
Member States shall ensure that for the purposes laid down in paragraphs 1, 2 and 3, management companies retain the necessary resources and expertise for the effective integration of sustainability risks.
Integrate sustainability risks in UCITS management Due Diligence -
Description:
Integrate sustainability risks in the management of UCITS, taking into account the nature, scale and complexity of the business.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Management of UCITS by investment companies
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 1(4), Article 5a
Source excerpt:
Member States shall ensure that investment companies integrate sustainability risks in the management of UCITS, taking into account the nature, scale and complexity of the business of the investment companies.
Identify sustainability-related conflicts of interest Governance -
Description:
When identifying relevant types of conflicts of interest, include conflicts that may arise as a result of integrating sustainability risks.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Processes, systems and internal controls of management companies
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 1(6), amending Article 17(3)
Source excerpt:
Member States shall ensure that, when management companies identify the types of conflicts of interest the existence of which may damage the interests of a UCITS, those management companies include those types of conflicts of interest that may arise as a result of the integration of sustainability risks in their processes, systems and internal controls.
Take sustainability risks into account in activity requirements Due Diligence -
Description:
Take sustainability risks into account when complying with the applicable activity requirements.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Activities of management companies and, where applicable, investment companies relating to UCITS
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 1(7), amending Article 23(5)
Source excerpt:
Member States shall require that management companies take into account sustainability risks when complying with the requirements set out in paragraphs 1 to 4.
Take principal adverse impacts into account Due Diligence -
Description:
Take principal adverse impacts of investment decisions on sustainability factors into account where those impacts are considered or are required to be considered under Regulation (EU) 2019/2088.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Investment decisions and sustainability factors of management companies or, where applicable, investment companies
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 1(7), amending Article 23(6)
Source excerpt:
Member States shall ensure that where management companies, or, where applicable, investment companies, consider principal adverse impacts of investment decisions on sustainability factors as described in Article 4(1), point (a), of Regulation (EU) 2019/2088, or as required by paragraphs 3 or 4 of Article 4 of that Regulation, those management companies or investment companies take into account such principal adverse impacts when complying with the requirements set out in paragraphs 1 to 4 of this Article.
Risk management procedures for sustainability risks Due Diligence -
Description:
Include procedures enabling the management company to assess each managed UCITS's exposure to market, liquidity, sustainability, counterparty and other risks that may be material, including operational risks.
Frequency:
Continuous
Check frequency:
-
Products/Services:
Each UCITS managed by the management company
Checking responsibility:
-
Check method:
-
Rule set:
-
Source reference:
Article 1(8), amending Article 38(1)
Source excerpt:
The risk management policy shall comprise such procedures as are necessary to enable the management company to assess for each UCITS it manages the exposure of that UCITS to market, liquidity, sustainability and counterparty risks, and the exposure of the UCITS to all other risks, including operational risks, which may be material for each UCITS it manages.

Measures

No measures.

Penalties

No penalties.

Milestones

Date Type Description
2022-07-31 Transposition Deadline Deadline for adopting and publishing the necessary national measures
Source reference:
Article 2(1)
Source excerpt:
Member States shall adopt and publish, by 31 July 2022 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive.
2022-08-01 Application Start Start of application of the national implementing measures
Source reference:
Article 2(1)
Source excerpt:
They shall apply those measures from 1 August 2022.

Linked regulations

Type Regulation
Amends Directive 2010/43/EU
Cites Directive 2009/65/EC
Cites Sustainable Finance Disclosure Regulation