First part of the CSSF data collection concerning the SFDR requirements

The Commission de Surveillance du Secteur Financier (the “CSSF”) published a notice on 1 February 2023 (Exercice de collecte de données SFDR pour les gestionnaires de fonds d’investissement (GFI) relatif aux exigences du règlement (UE) 2019/2088 sur la publication d’informations en matière de durabilité dans le secteur des services financiers (SFDR) (uniquement en anglais) – CSSF) informing the investment fund managers (the “IFM”) of the launch of a specific questionnaire which aims to collect data focused on information regarding organizational arrangement of IFMs (the “Questionnaire”).

This Questionnaire follows the CSSF press release published on 27 July 2022 informing of its ambition to collect data relating to the requirements of the Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability‐related disclosures in the financial services sector, as amended from time to time (the “SFDR”), and the Commission Delegated Regulation (EU) 2022/1288 of 6 April 2022 supplementing the SFDR (“SFDR RTS”).

In this regard, the CSSF expects that the IFMs comply with the legal requirements relating to the integration of sustainability risks in their activities since 10 March 2021 as well as the mandatory website disclosure requirements, as provided for in the SFDR and the SFDR RTS.

The Questionnaire in such respect is available from 2 February 2023 and shall be submitted no later than 2 March 2023. This Questionnaire can be found on a brand new eDesk module named “SFDR-IFM Disclosures”. This Questionnaire is intended for the following IFMS Luxembourg-domiciled:

  • (i) UCITS management companies,
  • (ii) Investment companies which have not designated a management company within the meaning of Article 27 of the Law of 17 December 2010 relating to undertakings for collective investment, as amended from time to time,
  • (iii) Authorized alternative investment fund managers, including internally managed alternative investment funds within the meaning of Article 4(1)(b) of the Law of 12 July 2013 on alternative investment fund managers, as amended from time to time,
  • (iv) Managers of qualifying venture capital fund registered in accordance with article 14 of the Regulation (EU) No 345/2013 on European venture capital funds, as amended from time to time,
  • (v) Managers of qualifying social entrepreneurship fund registered in accordance with article 15 of the Regulation (EU) No 346/2013 on European social entrepreneurship funds, as amended from time to time.

Should the data inserted in the initial Questionnaire have changed, it is the responsibility of the aforementioned IFMs to keep the data updated via the eDesk module named “Create update declaration”.

The CSSF will soon communicate the next steps of its SFDR data collection concerning the information inserted in the principal adverse impact statements, and in the precontractual and periodic disclosure templates.

We hope you find this information useful. For more information or if you have any question, feel free to reach out to our corporate / investment fund team.

Samia Rabia, Partner - Brouxel & Rabia Luxembourg Law Firm
Samia RABIA, Partner
Gaël Gobert, Brouxel & Rabia Luxembourg Law Firm -
Gaël Gobert, Associate


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