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AI Summary of Article 2 Scope

This Directive is applicable to Institutions for Occupational Retirement Provision (IORPs). In jurisdictions where IORPs lack legal personality, Member States may either apply this Directive to those IORPs or to the authorised entities managing them, in accordance with national legislation.

However, certain institutions are excluded from the scope of this Directive, including those operating under social security schemes governed by specific EU Regulations, alongside various other financial entities such as UCITS, AIFMs, and institutions functioning on a pay-as-you-go basis. Additionally, exclusions apply to companies with no legal obligations for retirement benefits under book-reserve schemes.

Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 12 January 2017 - onwards
Version 2 of 2

Article 2 Scope

1. This Directive shall apply to IORPs. Where, in accordance with national law, IORPs do not have legal personality, Member States shall apply this Directive either to those IORPs or, subject to paragraph 2, to those authorised entities responsible for operating them and acting on their behalf.

2. This Directive shall not apply to:

(a) institutions operating social security schemes which are covered by Regulations (EC) No 883/2004 [Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1).] and (EC) No 987/2009 [Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).] of the European Parliament and of the Council;