Communication to the investment fund industry on the entry into force of the Commission Delegated Regulation (EU) 2023/363 of 31 October 2022 amending and correcting the regulatory technical standards laid down in Delegated Regulation (EU) 2022/1288 as regards the content and presentation of information in relation to disclosures in pre-contractual documents and periodic reports for financial products investing in environmentally sustainable economic activities (amended SFDR RTS)

The CSSF would like to draw the attention of Financial Market Participants (FMPs) on the entry into force on 20 February 2023 of the amended SFDR RTS. The amended SFDR RTS introduce precontractual and periodic transparency requirements in relation to Taxonomy aligned fossil gas and nuclear energy related activities for financial products disclosing under Articles 8 and 9 of SFDR.

Precontractual documents

FMPs shall present for

• investment funds launched after the entry into force of the amended SFDR RTS; and
• existing investment funds for which changes are introduced in the prospectus/issuing document after the entry into force of the amended SFDR RTS

the precontractual disclosure information in the format of the templates set out in the annexes of the amended SFDR RTS.

In view of streamlining the review by the CSSF, in the case where changes to the prospectus/issuing document are limited to the use of the new templates set out in the annexes to the amended SFDR RTS, FMPs shall confirm in the application file submitted to the CSSF (i) the use of new templates and (ii) that no other changes have been performed.

Periodic reports

For annual reports of investment funds, issued after the entry into force of the amended SFDR RTS and irrespective of the financial year-end of the investment funds, FMPs shall present the periodic disclosure information in the format of the templates set out in the annexes of the amended SFDR RTS.