2022-01-01

Decision on Exemption from Payment of Fees for Obligated Parties

The Croatian Financial Services Supervisory Agency (HANFA) issued a decision on April 28, 2022, granting fee exemptions for obligated parties to facilitate compliance with EU sustainability disclosure regulations. The decision waives 100% of fees for prospectus amendments made exclusively to align with Regulation (EU) 2019/2088 and reduces fees by 50% for other related amendments during 2022. This measure aims to encourage the comprehensive implementation of sustainable development goals and the integration of sustainability risks into investment decision-making processes.

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Based on the provisions of Article 15(1)(1) and (7) and Article 8(1), in conjunction with Article 20(1)(3) of the Act on the Croatian Financial Services Supervisory Agency ("Narodne novine", No. 140/05 and 12/12), Article 17(1)(10) of the Statute of the Croatian Financial Services Supervisory Agency ("Narodne novine" No. 53/12), and Article 2(3) of the Rulebook on the Type and Amount of Fees of the Croatian Financial Services Supervisory Agency ("Narodne novine" No. 26/19), the Croatian Financial Services Supervisory Agency, at the meeting of the Board of Directors held on April 28, 2022, adopts

DECISION on the exemption from payment of fees for obligated parties

I. Obligated parties for the payment of fees under Article 2(1) and (2) of the Rulebook on the Type and Amount of Fees of the Croatian Financial Services Supervisory Agency ("Narodne novine" No. 26/19) who pay fees to the Croatian Financial Services Supervisory Agency in accordance with Article 8(1)(16) and Article 9(1)(27) of the aforementioned Rulebook are exempt in 2022 from the payment of fees for:

a. Issuing approval for significant changes to the prospectus of a UCITS fund and an AIF with a public offer, which are made exclusively for the purpose of alignment with Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on disclosures relating to sustainability and sustainability risks in the financial services sector (Text with EEA relevance), as last amended by Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment and amending Regulation (EU) 2019/2088 (Text with EEA relevance) – in the full prescribed amount;

b. Issuing approval for significant changes to the prospectus of a UCITS fund and an AIF with a public offer, which are made during changes for the purpose of alignment with Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on disclosures relating to sustainability and sustainability risks in the financial services sector (Text with EEA relevance), as last amended by Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 – in 50% of the prescribed amount.

II. This Decision enters into force on the first day following the day of its publication in "Narodne novine".

Explanation

The Croatian Financial Services Supervisory Agency (hereinafter: HANFA), based on the authority under Article 17(1)(10) of the Statute of the Croatian Financial Services Supervisory Agency ("Narodne novine" No. 53/12), and Article 2(3) of the Rulebook on the Type and Amount of Fees of the Croatian Financial Services Supervisory Agency ("Narodne novine" No. 26/19, hereinafter: Rulebook), adopted a decision on the exceptional exemption of obligated parties under Article 2(1) of the Rulebook from the payment of fees in accordance with Article 8(1)(16) and Article 9(1)(27) of the aforementioned Rulebook, in cases of significant changes to the prospectuses of UCITS funds and AIFs with a public offer which are made exclusively or in connection with alignment with Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on disclosures relating to sustainability and sustainability risks in the financial services sector (Text with EEA relevance), as last amended by Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment and amending Regulation (EU) 2019/2088 (Text with EEA relevance) (hereinafter: Regulation). This decision was adopted to encourage obligated parties to align the prospectuses of UCITS funds and AIFs with a public offer with the Regulation, as one of the means of coordinated and comprehensive implementation of sustainable development goals in the European Union and the implementation of coordinated disclosures to final investors regarding the inclusion of sustainability risks, the consideration of adverse sustainability impacts, sustainable investment objectives, or the promotion of environmental or social characteristics, in the investment decision-making process.

CLASS: 011-01/22-02/03 REFERENCE NUMBER: 326-01-40-42-22-1 Zagreb, April 28, 2022

CHAIRMAN OF THE BOARD OF DIRECTORS dr. sc. Ante Žigman