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Commission Delegated Regulation (EU) 2021/1255 of 21 April 2021 amending Delegated Regulation (EU) No 231/2013 as regards the sustainability risks and sustainability factors to be taken into account by Alternative Investment Fund Managers (Text with EEA relevance)

Commission Delegated Regulation (EU) 2021/1255 of 21 April 2021 amending Delegated Regulation (EU) No 231/2013 as regards the sustainability risks and sustainability factors to be taken into account by Alternative Investment Fund Managers (Text with EEA relevance)

Delegated Regulation (EU) 2021/1255 · Regulation · 2 articles

Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Article 1

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Delegated Regulation (EU) No 231/2013 is amended as follows: (1) in Article 1, the following points (6) and (7) are added: ‘(6) “sustainability risk” means sustainability risk as defined in Article 2, point (22), of Regulation (EU) 2019/2088 of the European Parliament and of the Council  ( *1 ) ; (7) “sustainability factors” means sustainability factors as defined in Article 2, point (24), of Regulation (EU) 2019/2088. ( *1 )   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 ( OJ L 317, 9.12.2019, p. 1 ).’;" (2) in Article 18, the following paragraphs 5 and 6 are added: ‘5.   AIFMs shall take into account sustainability risks when complying with the requirements set out in paragraphs 1 to 3. 6.   Where AIFMs consider principal adverse impacts of investment decisions on sustainability factors as described in Article 4(1), point (a) of Article 4 of Regulation (EU) 2019/2088, or as required by paragraphs 3 or 4 of Article 4 of that Regulation, those AIFMs shall take into account such principal adverse impacts when complying with the requirements set out in paragraphs 1 to 3 of this Article.’; (3) in Article 22, the following paragraph 3 is added: ‘3.   For the purposes of paragraph 1, AIFMs shall retain the necessary resources and expertise for the effective integration of sustainability risks.’; (4) in Article 30, the following subparagraph is added: ‘AIFMs shall ensure that when identifying the types of conflicts of interest, the existence of which may damage the interests of an AIF, they shall include those types of conflicts of interest that may arise as a result of the integration of sustainability risks in their processes, systems and internal controls.’; (5) in Article 40, paragraph 2 is replaced by the following: ‘2.   The risk management policy shall comprise such procedures as are necessary to enable the AIFM to assess for each AIF it manages the exposure of that AIF to market, liquidity, sustainability and counterparty risks, and the exposure of the AIF to all other relevant risks, including operational risks, which may be material for each AIF it manages.’; (6) in Article 57(1), the following subparagraph is added: ‘AIFMs shall take into account sustainability risks when complying with the requirements laid down in the first subparagraph.’; (7) in Article 60(2), the following point (i) is added: ‘(i) is responsible for the integration of sustainability risks in activities referred to in points (a) to (h).’.

Article 2

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This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . It shall apply from 1 August 2022.

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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