The EEA Joint Committee Decision No 325/2023 amends Annex IX (Financial services) to the EEA Agreement to incorporate Commission Delegated Regulation (EU) 2022/1288 and Commission Delegated Regulation (EU) 2023/363 into the EEA Agreement.
Key Changes
Incorporation of Commission Delegated Regulation (EU) 2022/1288, which supplements Regulation (EU) 2019/2088, specifying the details of the content and presentation of information related to the 'do no significant harm' principle, sustainability indicators, adverse sustainability impacts, promotion of environmental or social characteristics, and sustainable investment objectives.
Incorporation of Commission Delegated Regulation (EU) 2023/363, which amends and corrects the regulatory technical standards laid down in Delegated Regulation (EU) 2022/1288 regarding 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.
The amendment is made by inserting point 31oa after point 31o in Annex IX to the EEA Agreement.
The Decision entered into force on 9 December 2023, provided that all notifications under Article 103(1) of the EEA Agreement have been made.
Impact Analysis
Financial Institutions in EEA countries
Action Item: Review current disclosure practices and update them to align with the requirements of the incorporated regulations. Train relevant staff on the new requirements.
Investors in EEA
Action Item: Investors should familiarize themselves with the new disclosure formats and use the information to assess the sustainability performance of their investments.
EEA Agreement Compliance
Action Item: EEA member states should review and update their national laws and regulations to reflect the changes introduced by this decision.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for amending the EEA Agreement.
European Commission: The executive branch of the European Union responsible for proposing and implementing legislation, including the Delegated Regulations (EU) 2022/1288 and (EU) 2023/363.
Regulation (EU) 2019/2088: Regulation of the European Parliament and of the Council on sustainability‐related disclosures in the financial services sector.
Commission Delegated Regulation (EU) 2022/1288: Supplements Regulation (EU) 2019/2088 with regard to regulatory technical standards specifying the details of the content and presentation of information in relation to the principle of ‘do no significant harm’, sustainability indicators, adverse sustainability impacts.
Commission Delegated Regulation (EU) 2023/363: Amends and corrects 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.
EEA Agreement: The Agreement on the European Economic Area, extending the EU's single market to Iceland, Liechtenstein and Norway.
Official Journal EN
of the European Union L series
2024/1406 13.6.2024
DECISION OF THE EEA JOINT COMMITTEE No 325/2023
of 8 December 2023
amending Annex IX (Financial services) to the EEA Agreement [2024/1406]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98
thereof,
Whereas:
(1) Commission Delegated Regulation (EU) 2022/1288 of 6 April 2022supplementing Regulation (EU) 2019/2088 of
the European Parliament and of the Council with regard to regulatory technical standards specifying the details of
the content and presentation of the information in relation to the principle of ‘do no significant harm’, specifying
the content, methodologies and presentation of information in relation to sustainability indicators and adverse
sustainability impacts, and the content and presentation of the information in relation to the promotion of
environmental or social characteristics and sustainable investment objectives in pre-contractual documents, on
websites and in periodic reports(1), as corrected by OJ L 332, 27.12.2022, p. 1, is to be incorporated into the EEA
Agreement.
(2) 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(2)is to be incorporated into the EEA Agreement.
(3) Annex IX to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following is inserted after point 31o (Regulation (EU) 2019/2088 of the European Parliament and of the Council) of
Annex IX to the EEA Agreement:
‘31oa. 32022 R 1288: Commission Delegated Regulation (EU) 2022/1288 of 6 April 2022 supplementing Regulation
(EU) 2019/2088 of the European Parliament and of the Council with regard to regulatory technical standards
specifying the details of the content and presentation of the information in relation to the principle of ‘do no
significant harm’, specifying the content, methodologies and presentation of information in relation to
sustainability indicators and adverse sustainability impacts, and the content and presentation of the information in
relation to the promotion of environmental or social characteristics and sustainable investment objectives in pre-
contractual documents, on websites and in periodic reports (OJ L 196, 25.7.2022, p. 1), as corrected by OJ L 332,
27.12.2022, p. 1, as amended by:
— 32023 R 0363: Commission Delegated Regulation (EU) 2023/363 of 31 October 2022(OJ L 50, 17.2.2023,
p. 3).’
Article 2
The texts of Delegated Regulations (EU) 2022/1288, as corrected by OJ L 332, 27.12.2022, p. 1, and (EU) 2023/363 in the
Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union,
shall be authentic.
Article 3
This Decision shall enter into force on 9 December 2023, provided that all the notifications under Article 103(1) of the
EEA Agreement have been made(3).
(1) OJ L 196, 25.7.2022, p. 1.
(2) OJ L 50, 17.2.2023, p. 3.
(3) No constitutional requirements indicated.
ELI: http://data.europa.eu/eli/dec/2024/1406/oj 1/2EN
OJ L, 13.6.2024
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European
Union.
Done at Brussels, 8 December 2023.
For the EEA Joint Committee
The President
Pascal SCHAFHAUSER
2/2 ELI: http://data.europa.eu/eli/dec/2024/1406/oj