Diario Oficial de la Unión Europea del 17/2/2023 - Sección Legislación
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Source: Diario Oficial de la Unión Europea - Sección Legislación
L 50/4
EN
Official Journal of the European Union
17.2.2023
4
Those amendments are necessary to increase transparency and thereby to help financial markets participants and investors to identify environmentally sustainable fossil gas and nuclear related activities invested in by financial products. The provision of the more detailed information on investments in those activities should also foster comparability of the information disclosed to investors. Therefore, it is appropriate to provide transparency on investments in environmentally sustainable fossil gas and nuclear energy activities over the whole life of the relevant financial products, in pre-contractual documents and in periodic reports. Such information should also be included in the website disclosures. The European Supervisory Authorities noted that transparency about investments in sectors and sub-sectors related to fossil gas and nuclear energy activities is already required as part of the provisions for periodic reports under Delegated Regulation EU 2022/1288.
5
It is necessary to clarify that to trigger the application of Article 6 of Regulation EU 2020/852 of the European Parliament and of the Council 4, it is irrelevant if a financial product commits to invest in economic activities that contribute to an environmental objective within the meaning of Article 2, point 17, of Regulation EU 2019/2088.
6
In addition, European Supervisory Authorities noted that two changes were required to the cross-references in the periodic disclosures given that these were erroneous.
7
Delegated Regulation EU 2022/1288 should therefore be amended and corrected accordingly.
8
This Regulation is based on the draft regulatory technical standards submitted to the Commission by the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority European Supervisory Authorities.
9
The Joint Committee of the European Supervisory Authorities referred to in Article 54 of Regulation EU
No 1093/2010 of the European Parliament and of the Council 5, in Article 54 of Regulation EU No 1094/2010
of the European Parliament and of the Council 6 and in Article 54 of Regulation EU No 1095/2010 of the European Parliament and of the Council 7 has requested the advice of the Banking Stakeholder Group established in accordance with Article 37 of Regulation EU No 1093/2010, the Insurance and Reinsurance Stakeholder Group and the Occupational Pensions Stakeholder Group established in accordance with Article 37 of Regulation EU
No 1094/2010, and the Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation EU No 1095/2010.
10
The amendments to Delegated Regulation EU 2022/1288 are limited adjustments of the existing regulatory framework and are necessary to align the disclosure framework to Delegated Regulation EU 2022/1214, which is to apply from 1 January 2023. Given the limited scope of the amendments and the need to ensure legal certainty and coherence with the application of Delegated Regulations EU 2022/1214 and EU 2022/1288, it would have been disproportionate for the European Supervisory Authorities to conduct open public consultations or analyses of the potential related costs and benefits,
4 Regulation EU 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation EU 2019/2088 OJ L 198, 22.6.2020, p. 13.
5 Regulation EU No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority European Banking Authority, amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC OJ L 331, 15.12.2010, p. 12.
6 Regulation EU No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority European Insurance and Occupational Pensions Authority, amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC OJ L 331, 15.12.2010, p. 48.
7 Regulation EU No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority European Securities and Markets Authority, amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC OJ L 331, 15.12.2010, p. 84.
