Retained EU Law 2019 United Kingdom

Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan-European Personal Pension Product (PEPP) (Text with EEA relevance)

At a glance

What's here

34 compliance obligations

What this Act requires

Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.

s.art008

Conditions for deregistration of a PEPP

  • PEPP provider must cease distribution upon deregistration
s.art011

Prudential regime applicable to different types of providers

  • Comply with PEPP Regulation and your existing prudential regime
s.art014

Exercise of the freedom to provide services and freedom of establishment by PEPP providers and PEPP distributors

  • Notify host Member State before distributing PEPPs across borders
s.art015

Exercise of the freedom to provide services by IORPs and EU AIFM

  • Notify home regulator before first offering PEPPs in another EU/EEA state
s.art018

Provision of the portability service

  • Offer PEPP portability service and sub-accounts for at least 2 EU states
s.art019

Sub-accounts of the PEPP

  • Ensure new PEPP sub-accounts comply with the new member state's legal requirements when providing portability
s.art020

Opening of a new sub-account

  • Inform PEPP saver about sub-account opening and provide free KID when they move to another EU country
s.art021

Provision of information on portability to the competent authorities

  • Notify home regulator before opening a new PEPP sub-account abroad
s.art022

General principle

  • Always act honestly and in your customers' best interests when selling PEPPs
s.art023

Distribution regime applicable to different types of PEPP providers and PEPP distributors

  • Comply with PEPP distribution rules under IDD or MiFID II
s.art024

Electronic distribution and other durable mediums

  • Provide PEPP documents and information electronically and on request in other durable medium
s.art025

Product oversight and governance requirements

  • Set up and maintain product oversight and governance for PEPPs
s.art026

PEPP KID

  • Provide a PEPP KID and supplementary pre‑contractual information
s.art028

Content of the PEPP KID

  • Provide a compliant PEPP Key Information Document (KID)
s.art030

Revision of the PEPP KID

  • Review PEPP KID annually and revise if needed
s.art033

Provision of the PEPP KID

  • Provide PEPP KID to prospective savers before they sign a contract
s.art034

Specification of demands and needs and provision of advice

  • Assess customer needs and provide personalised PEPP advice
s.art035

General provisions

  • Provide annual PEPP Benefit Statement and notify changes to PEPP savers
s.art038

Information to be given to PEPP savers during the pre-retirement phase and to PEPP beneficiaries during the decumulation phase

  • Provide PEPP savers and beneficiaries with decumulation information
s.art039

Information to be given on request to PEPP savers and PEPP beneficiaries

  • Provide supplementary information on request
s.art040

General provisions

  • Submit additional supervisory information to your competent authority
s.art041

Investment rules

  • Follow prudent investment rules for PEPP pension assets
s.art042

General provisions

  • Design PEPP investment options with guarantee or risk-mitigation
s.art045

The Basic PEPP

  • Design Basic PEPP with capital protection and cap costs at 1% annually
s.art046

Risk-mitigation techniques

  • Use sound risk-mitigation techniques in PEPP investment strategies
s.art048

Depositary

  • Appoint one or more depositaries for PEPP assets and oversight
s.art050

Complaints

  • Set up and operate complaint handling procedures for PEPP customers
s.art052

Provision of the switching service

  • Provide a PEPP switching service on request
s.art055

Protection of PEPP savers against financial loss

  • Refund financial losses caused by PEPP switching non-compliance
s.art056

Information about the switching service

  • Give PEPP savers full details about the switching service and publish them on your website
s.art058

Forms of out-payments

  • Offer PEPP savers at least one form of out-payment (annuity, lump sum, drawdown, or combination)
s.art059

Modifications of the forms of out-payments

  • Let PEPP savers change their out-payment form for free at key times
s.art060

Retirement planning and advice on out-payments

  • Offer personal retirement planning and out-payment advice at decumulation
s.art071

Processing of personal data

  • Process personal data in line with UK data protection laws under PEPP
Browse 40 other sections — procedural / definitional / commencement
s.art001

Subject matter

s.art002

Definitions

s.art003

Applicable rules

s.art004

PEPP contract

s.art005

Registration

s.art006

Application for registration of a PEPP

s.art007

Registration of a PEPP

s.art009

Designation

s.art010

Distribution of PEPPs

s.art012

Publication of national provisions

s.art013

Central public register

s.art016

Powers of the competent authorities of the host Member State

s.art017

The portability service

s.art027

Language of the PEPP KID

s.art029

Marketing materials

s.art031

Civil liabilities

s.art032

PEPP contracts which cover biometric risks

s.art036

PEPP Benefit Statement

s.art037

Supplementary information

s.art043

Choice of investment option by the PEPP saver

s.art044

Conditions for modification of the chosen investment option

s.art047

Conditions related to the accumulation phase

s.art049

Coverage of biometric risks

s.art051

Out-of-court redress

s.art053

The switching service

s.art054

Fees and charges connected with the switching service

s.art057

Conditions related to the decumulation phase

s.art061

Supervision by the competent authorities and monitoring by EIOPA

s.art062

Powers of competent authorities

s.art063

Product intervention powers of competent authorities

s.art064

Facilitation and coordination

s.art065

Product intervention powers of EIOPA

s.art066

Cooperation and consistency

s.art067

Administrative penalties and other measures

s.art068

Exercise of the power to impose administrative penalties and other measures

s.art069

Publication of administrative penalties and other measures

s.art070

Duty to submit information to EIOPA in relation to administrative penalties and other measures

s.art072

Exercise of the delegation

s.art073

Evaluation and report

s.art074

Entry into force and application

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