ESMA reveals 16% of Article 8 & 9 funds breach fund name new guidelines – Part 1/4

ESMA introduces guidelines requiring sustainable funds to adhere to minimum safeguards

Investor interest in sustainability has led to a surge of funds adopting sustainability-related terms in their names to attract attention, raising concerns about greenwashing.

In response, the European Securities and Markets Authority (ESMA) has introduced guidelines requiring funds using ESG-, transition-, or impact-related terms to meet quantitative thresholds for sustainable investments and adhere to minimum safeguards.

ESMA mandates that Article 8 and 9 funds must invest at least 80% in sustainable assets, with transition funds following Climate Transition Benchmark (CTB) exclusion criteria.

Of the 1,826 funds analyzed, at least 16% of Article 8 funds and 7% of Article 9 funds breach these guidelines, and 15% will need to make adjustments. The estimated cost of compliance across EU funds is expected to be at least €18.3 million.

European Securities and Markets Authority (ESMA) published guidelines for funds’ names. The final report, which was disclosed last May, follows a public consultation conducted in 2022 and subsequent changes made to the draft proposal.

Key points

  • ESMA introduced new guidelines for fund names under the UCITS European Directive.
  • Article 8 and 9 funds using ESG-related terms must invest at least 80% in sustainable assets and meet EU Paris-aligned Benchmark (PAB) minimum safeguards.
  • Transition funds using related terms can follow the Climate Transition Benchmark (CTB) exclusion criteria to avoid penalties.
  • Analysis reveals that 16% of Article 8 funds and 7% of Article 9 funds with ESG-related names invest in companies excluded by the PAB.
  • At least 15% of Article 8 and 9 funds will need to make changes to comply with the new guidelines.
  • 1% of transition-related funds may need to revise either their name or portfolio.
  • Compliance costs for these adjustments are estimated between EUR 20,000 and EUR 100,000 per fund, with an overall cost of at least EUR 18.3 million for EU funds.

Annex: list of words

English ESG-, and impact-related words

  • Climate / Clim
  • Environment
  • Environmental
  • Environmentally
  • ESG
  • Green
  • Impact
  • Impacting
  • Impactful
  • Sustainability
  • Sustainable / Sust
  • SRI
  • Responsible
  • PAB
  • Paris-aligned
  • Carbon
  • Biodiversity
  • Clean
  • Net-zero
  • SDG

English transition-, social-, and governance- related words

  • Transition
  • Progress/ion
  • Transform/ation
  • Change
  • Adapt/ation
  • Improving
  • Social
  • Governance
  • Evolution

Final report

View the Final Report Guidelines on funds’ names using ESG or sustainability-related terms

ESMA Reveals Report

Full report: Part 1 Part 2 Part 3 Part 4

Source: ABN-AMRO, July 17, 2024