On 6 May 2021, the European Commission adopted the following:
- Commission Delegated Regulation supplementing the Benchmarks Regulation (BMR) with regard to regulatory technical standards (RTS) specifying the conditions to ensure that the methodology for determining a benchmark complies with the quality requirements. The Delegated Regulation is based on a mandatory empowerment in Article 12 of the BMR as amended by Regulation (EU) 2019/2175. Under this provision, the Commission is empowered to further specify the conditions to ensure that the benchmark methodology preserves the integrity of the benchmark itself. The Delegated Regulation applies from 1 January 2022.
- Commission Delegated Regulation supplementing the BMR with regard to RTS specifying the criteria for Member State competent authorities’ compliance assessment regarding the mandatory administration of a critical benchmark. The Delegated Regulation is based on a mandatory empowerment in Article 21 of the BMR as amended by Regulation (EU) 2019/2175. Under this provision, the Commission is empowered to further specify the criteria for assessing the mandatory administration or suspension of a critical benchmark. The Delegated Regulation applies from 1 January 2022.
- Commission Delegated Regulation supplementing the BMR with regard to RTS specifying the criteria under which Member State competent authorities may require changes to the compliance statement of non-significant benchmarks. The Delegated Regulation is based on a mandatory empowerment in Article 26 of the BMR as amended by Regulation (EU) 2019/2175. Under this provision, the Commission is empowered to further specify the criteria on which Member State competent authorities may require changes to the compliance statement published and maintained by an administrator of a non-significant benchmark. The Delegated Regulation applies from 1 January 2022.