If a product follows a legal rule (like banning cluster munitions), does that automatically make it Article 8?
Regulation (EU) 2019/2088 — Article 8
In simple words
No. Mandatory legal compliance alone does not count as promoting ESG characteristics and does not make a product Article 8.
Official question
In addition, would complying with a national legal obligation, which applies to the financial market participant, such as a ban on investment in cluster munitions, also bring the product into the scope of Article 8 of Regulation (EU) 2019/2088?
Official answer
Compliance with minimum statutory requirements (for example, sectoral exclusions imposed by law such as internationally agreed norms like the Convention on Cluster Munitions) does not in itself amount to the promotion of environmental or social characteristics within the meaning of Article 8 of Regulation (EU) 2019/2088.
Answered by
European Comission
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