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Commission Delegated Regulation (EU) 2021/2178 of 6 July 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by specifying the content and presentation of information to be disclosed by undertakings subject to Articles 19a or 29a of Directive 2013/34/EU concerning environmentally sustainable economic activities, and specifying the methodology to comply with that disclosure obligation (Text with EEA relevance)

Commission Delegated Regulation (EU) 2021/2178 of 6 July 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by specifying the content and presentation of information to be disclosed by undertakings subject to Articles 19a or 29a of Directive 2013/34/EU concerning environmentally sustainable economic activities, and specifying the methodology to comply with that disclosure obligation (Text with EEA relevance)

Article 1 Definitions

For the purposes of this Regulation, the following definitions apply:

  1. ‘environmental objective’ means one of the environmental objectives laid down in Article 9 of Regulation (EU) 2020/852;

  2. ‘Taxonomy-aligned economic activity’ means an economic activity that complies with the requirements laid down in Article 3 of Regulation (EU) 2020/852;

  3. ‘transitional economic activity’ means an economic activity that complies with the requirements laid down in Article 10(2) of Regulation (EU) 2020/852;

  4. ‘enabling economic activity’ means an economic activity that complies with the requirements laid down in Article 16 of Regulation (EU) 2020/852;

  5. ‘taxonomy-eligible economic activity’ means an economic activity that is described in the delegated acts adopted pursuant to Article 10(3), Article 11(3), Article 12(2), Article 13(2), Article 14(2), and Article 15(2), of Regulation (EU) 2020/852, irrespective of whether that economic activity meets any or all of the technical screening criteria laid down in those delegated acts;

  6. ‘taxonomy-non-eligible economic activity’ means any economic activity that is not described in the delegated acts adopted pursuant to Article 10(3), Article 11(3), Article 12(2), Article 13(2), Article 14(2) and Article 15(2), of Regulation (EU) 2020/852;

  7. ‘asset manager’ meansan undertaking that is subject to the disclosure obligations laid down in Articles 19a and 29a of Directive 2013/34/EU and is either of the following:

    1. an AIFM as defined in Article 4(1), point (b), of Directive 2011/61/EU of the European Parliament and of the Council(1);

    2. a management company as defined in Article 2(1), point (b), of Directive 2009/65/EC of the European Parliament and of the Council(2);

    3. an investment company authorised in accordance with Articles 27, 28 and 29 of Directive 2009/65/EC and that has not designated for its management a management company authorised in accordance with Articles 6, 7 and 8 of that Directive.

  8. ‘financial undertaking’ means an undertaking that is subject to the disclosure obligations laid down in Articles 19a and 29a of Directive 2013/34/EU and is an asset manager, a credit institution as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013 of the European Parliament and of the Council(3), an investment firm as defined in Article 4(1), point (2), of Regulation (EU) No 575/2013, an insurance undertaking as defined in Article 13, point (1), of Directive 2009/138/EC of the European Parliament and of the Council(4), or a reinsurance undertaking as defined in Article 13, point (4) of Directive 2009/138/EC;

  9. ‘non-financial undertaking’ means an undertaking that is subject to the disclosure obligations laid down in Articles 19a and 29a of Directive 2013/34/EU and is not a financial undertaking as defined in point (8);

  10. ‘taxonomy-aligned insurance or reinsurance activity’ means an insurance or reinsurance activity that complies with the criteria laid down in Sections 10.1 and 10.2 of Annex II to Delegated Regulation (EU) 2021/2139.

Article 2 Disclosures by non-financial undertakings

1.

Non-financial undertakings shall disclose the information referred to in Article 8, paragraphs 1 and 2, of Regulation (EU) 2020/852 as specified in Annex Ito this Regulation.

2.

The information referred to in paragraph 1 shall be presented in tabular form by using the templates set out in Annex II to this Regulation.

Article 3 Disclosures by asset managers

1.

Asset managers shall disclose the information referred to in Article 8(1) of Regulation (EU) 2020/852 as specified in Annexes III and XI to this Regulation.

2.

The information referred to in paragraph 1 shall be presented in tabular form by using the template set out in Annex IV to this Regulation.

Article 4 Disclosures by credit institutions

1.

Credit institutions shall disclose the information referred to in Article 8(1) of Regulation (EU) 2020/852 as specified in Annexes V and XI to this Regulation.

2.

The information referred to in paragraph 1 shall be presented in tabular form by using the template set out in Annex VI to this Regulation.

Article 5 Disclosures by investment firms

1.

Investment firms shall disclose the information referred to in Article 8(1) of Regulation (EU) 2020/852 as specified in Annexes VII and XI to this Regulation.

2.

The information referred to in paragraph 1 shall be presented in tabular form by using the template set out in Annex VIII to this Regulation.

Article 6 Disclosures by insurance and reinsurance undertakings

Article 7 Disclosure rules common to all financial undertakings

Article 8 Disclosure rules common to all financial undertakings and non-financial undertakings

Article 9 Review

Article 10 Entry into force and application

ANNEX IKPIs OF NON-FINANCIAL UNDERTAKINGS

ANNEX IITEMPLATES FOR THE KPIs OF NON-FINANCIAL UNDERTAKINGS

ANNEX IIIKPI OF ASSET MANAGERS

ANNEX IVTEMPLATE FOR THE KPI OF ASSET MANAGERS

ANNEX VKPIs OF CREDIT INSTITUTIONS

ANNEX VITEMPLATE FOR THE KPIS OF CREDIT INSTITUTIONS

ANNEX VIIKPIs OF INVESTMENT FIRMS Content of KPIs to be disclosed by investment firms

ANNEX VIIITEMPLATE FOR KPIS OF INVESTMENT FIRMS

ANNEX IXKPIs OF INSURANCE AND REINSURANCE UNDERTAKINGS

ANNEX XTEMPLATE FOR KPIs OF INSURANCE AND REINSURANCE UNDERTAKINGS

ANNEX XIQUALITATIVE DISCLOSURES FOR ASSET MANAGERS, CREDIT INSTITUTIONS, INVESTMENT FIRMS AND INSURANCE AND REINSURANCE UNDERTAKINGS

ANNEX XIIStandard templates for the disclosure referred to in Article 8(6) and (7)