in force 2024-01-10 INSERTED+2,157 −0§
Amended by Regulation (EU) 2023/606 32023R0606 · Regulation (EU) 2023/2869 32023R2869
applies from: unknown (an inserted provision states its own application date only in prose)
A new Article 37a is added, requiring the Commission to carry out an assessment and submit a report to the European Parliament and the Council, accompanied where appropriate by a legislative proposal, on possible sustainability-related measures for ELTIFs.
The listed points cover a possible optional designation for ELTIFs marketed as environmentally sustainable or green, a possible general do-no-significant-harm obligation, and possible ways to link the ELTIF framework more closely to the objectives of the European Green Deal.
Cited: Art. 37a, v2
text before / after
inserted text (02015R0760-20240110)
Article 37a Review of sustainability aspects of ELTIFs By 11 January 2026, the Commission shall carry out an assessment and submit a report to the European Parliament and to the Council accompanied, where appropriate, by a legislative proposal, regarding at least the following: (a) whether the creation of an optional designation of ELTIF marketed as environmentally sustainable or green ELTIF is feasible, and in particular: (i) whether such designation should be reserved to ELTIFs that are financial products having sustainable investment as their objective as referred to in Article 9 of Regulation (EU) 2019/2088 of the European Parliament and of the CouncilRegulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability-related disclosures in the financial services sector (OJ L 317, 9.12.2019, p. 1).; (ii) whether such designation should be reserved to ELTIFs that invest all or a significant part of their eligible assets or total assets into sustainable activities and, if so, how the significant part is to be defined; (iii) whether sustainable activities can be linked to the sustainability criteria set out in the delegated acts adopted pursuant to Articles 10(3), 11(3), 12(2), 13(2), 14(2) and 15(2) of Regulation (EU) 2020/852 of the European Parliament and of the CouncilRegulation (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).; (b) whether there should be a general obligation for ELTIFs to comply in their investment decisions with the principle of do no significant harm within the meaning of Article 2a of Regulation (EU) 2019/2088, or whether that obligation should be limited to ELTIFs marketed as environmentally sustainable or green ELTIFs, in the eventuality that such an optional designation is considered feasible; (c) whether there is any potential to improve the framework for ELTIFs by contributing more significantly to the objectives of the European Green Deal, without undermining the nature of ELTIFs.