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Topic: Benchmarks

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ESMA guidelines on methodology, oversight function and record keeping under the Benchmarks Regulation

On 24 September 2021, the European Securities and Markets Authority (ESMA) published a final report containing guidelines on methodology, oversight function and record keeping under the Benchmarks Regulation. The guidelines aim at providing guidance to financial market participants and Member State competent authorities on the application of the requirements relating to the use of a … Continue Reading

Critical Benchmarks (References and Administrators’ Liability) Bill

On 8 September 2021, the Critical Benchmarks (References and Administrators’ Liability) Bill had its first reading in the House of Lords. The Explanatory notes to the Bill explain both the policy and legal background to the Bill. In summary, the Bill will: Support the orderly wind-down of critical benchmarks, protecting both users of these benchmarks … Continue Reading

Delegated Regulations supplementing the Benchmarks Regulation published in OJ

On 13 August 2021, the following Delegated Regulations supplementing the Benchmarks Regulation (BMR) were published in the Official Journal of the EU: Commission Delegated Regulation (EU) 2021/1348 of 6 May 2021 supplementing the BMR with regard to regulatory technical standards (RTS) specifying the criteria under which competent authorities may require changes to the compliance statement … Continue Reading

Commission consults on Delegated Regulation on supervisory fees, fines and penalties for benchmark administrators

On 30 July 2021, the European Commission published for consultation a draft Delegated Regulation supplementing the Benchmarks Regulation (BMR) by covering the fees that benchmark administrators need to pay the European Securities and Markets Authority (ESMA) for supervision and the procedure that ESMA needs to follow to impose fines or penalties on benchmark administrators under … Continue Reading

ESMA updates Q&A on Benchmarks Regulation

On 29 July 2021, the European Securities and Markets Authority (ESMA) updated its Q&A on the Benchmarks Regulation. ESMA has updated 4.7 of the Q&A which deals with the following question – Can supervised entities in the Union use benchmarks provided by 3rd country public authorities after the end of the transitional period applicable to … Continue Reading

The Benchmarks (Provision of Information and Documents) Regulations 2021

On 9 July 2021, there was published on the legislation.gov.uk website The Benchmarks (Provision of Information and Documents) Regulations 2021. These Regulations make provision for a notice or permission given by the FCA to an administrator of a critical benchmark under new Articles 22A, 22B, 23A and 23D of the onshored Benchmarks Regulation (BMR). These … Continue Reading

FCA CP21/15: Benchmarks Regulation: how we propose to use our powers over use of critical benchmarks

On 20 May 2021, the FCA published Consultation Paper 21/15: Benchmarks Regulation: how we propose to use our powers over use of critical benchmarks (CP21/15). In CP21/15 the FCA is seeking views on how it uses the following two new powers introduced through amendments to the Benchmarks Regulation (BMR) under the Financial Services Act 2021: … Continue Reading

Commission adopts Delegated Regulations under the BMR

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 … Continue Reading

Commission Delegated Regulation supplementing BMR with RTS on requirements to ensure that an administrator’s governance arrangements are sufficiently robust

On 6 May 2021, the European Commission adopted a Delegated Regulation supplementing the Benchmarks Regulation (BMR) with regard to regulatory technical standards specifying the requirements to ensure that an administrator’s governance arrangements are sufficiently robust.   The legal basis of the Delegated Regulation is Article 4(9) of the BMR as amended by Regulation (EU) 2019/2175. … Continue Reading

Delegated Regulation supplementing the BMR with regard to RTS specifying the characteristics of systems and controls for the identification and reporting of conduct that may involve manipulation or attempted manipulation of a benchmark

On 6 May 2021, the European Commission adopted a Delegated Regulation supplementing the Benchmarks Regulation (BMR) with regard to regulatory technical standards specifying the characteristics of the systems and controls for the identification and reporting of any conduct that may involve manipulation or attempted manipulation of a benchmark. The legislative basis of the Delegated Regulation … Continue Reading

ESMA publishes technical advice on fines and penalties for benchmark administrators

On 26 March 2021, the European Securities and Markets Authority (ESMA) published a final report containing technical advice to the European Commission on procedural rules for imposing fines and penalties on benchmark administrators under its direct supervision. The technical advice follows a consultation paper that ESMA issued on 23 December 2020. The final report includes … Continue Reading

ESMA updates Brexit statement on provisions of the Benchmark Regulation

On 24 March 2021, the European Securities and Markets Authority (ESMA), published an updated statement on the application of the key provisions of the Benchmark Regulation (BMR). The update specifies the EU’s regulatory approach towards UK-based third country benchmarks as well as UK endorsed and recognised benchmarks. The statement notes that the BMR transitional period, … Continue Reading

FCA Feedback Statement and Statement of Policy: the exercise of the FCA’s powers under Article 23D BMR

On 5 March 2021, the FCA issued a Feedback Statement regarding the exercise of its powers under Article 23D of the onshored Benchmarks Regulation (BMR). Article 23D of the BMR grants the FCA the ability, in certain circumstances, to impose certain requirements on the administrator of a critical benchmark designated under Article 23A. Article 23F(1)(d) … Continue Reading

ESMA consults on methodology to calculate a benchmark in exceptional circumstances

On 25 February 2021, the European Securities and Markets Authority (ESMA) issued a consultation on draft guidelines detailing the obligations applicable to administrators that use a methodology to calculate a benchmark in exceptional circumstances under the Benchmarks Regulation (BMR). The EU regulatory framework for benchmarks, which addresses the use of a methodology for calculating a … Continue Reading

Outcome of the first annual review of the Hybrid Methodology for Euribor

On 2 February 2021, the European Money Markets Institute (EMMI) announced the outcome of its first annual review of the Hybrid Methodology for Euribor. The Benchmarks Regulation requires benchmarks administrators to periodically review their benchmarks’ methodologies. The EMMI performed the first annual review of the Hybrid Methodology for Euribor.  Based on the outcome of the … Continue Reading

ESMA report on proposed fees for benchmark administrators

On 1 February 2021, the European Securities and Markets Authority (ESMA) published a final report containing technical advice on supervisory fees to be paid to it by critical benchmark administrators and third country administrators under the recognition regime. The legislative background to the technical advice is as follows: Article 48I of the Benchmarks Regulation (BMR) … Continue Reading

ESMA speech – A supervisory perspective on the interest rate benchmarks reform

On 14 December 2020, the chair of the European Securities and Markets Authority (ESMA), Steven Maijoor, delivered a speech at the third roundtable on euro risk-free rates. Key points in the speech include: In one year from now, ESMA will substitute the Belgian FSMA as supervisor of EURIBOR administrator, EMMI. The FSMA has already authorised … Continue Reading

New UK Benchmarks Register

On 2 December 2020, the FCA published a new webpage concerning its new UK Benchmarks Register which will replace the ESMA Register for UK supervised users, and UK and third country-based benchmark administrators that want their benchmarks to be used in the UK. The new UK Benchmarks Register will be accessible from 11pm on 31 … Continue Reading

European legislators agree amendments to BMR

On Monday, 30 November 2020, European legislators reached an agreement on the amendments to European Benchmarks Regulation (link), which were proposed by the European Commission in July 2020 (please see our update  note).  The trilogue agreement was announced in the press release issued by the European Parliament. Key points of the final agreement include: Mandatory … Continue Reading

Benchmarks: EU and UK regulatory outlook: Overview of upcoming requirements and legislative developments

The provision of benchmarks is a regulated activity in the European Union (EU) and in the United Kingdom (UK). The legal framework governing the provision and use of benchmarks is set out in the Benchmarks Regulation (BMR) that introduces an obligation for European and UK benchmark administrators to be authorized or registered if they wish … Continue Reading

ESMA updates Q&As on Benchmarks Regulation

On 6 November 2020, the European Securities and Markets Authority (ESMA) updated its Q&As on the Benchmarks Regulation. ESMA has updated section 9.4 of the Q&As dealing with transitional provisions and critical benchmarks by adding a new Q&A that answers the following question: For how long a critical benchmark can be used by supervised entities … Continue Reading

ECON Committee publishes draft report on Benchmarks Regulation review

Following the adoption of the Council general approach on the Commission’s proposal for a Regulation amending the Benchmarks Regulation ((EU) 2016/1011) as regards the exemption of certain third country foreign exchange benchmarks and the designation of replacement benchmarks for certain benchmarks in cessation on 7 October 2020, the European Parliament Economic and Monetary Affairs (ECON) … Continue Reading

Council reaches common position on Benchmarks Regulation review

Representatives from Member States have reached a compromise on the Commission’s proposal for a Regulation amending the Benchmarks Regulation ((EU) 2016/1011) as regards the exemption of certain third country foreign exchange benchmarks and the designation of replacement benchmarks for certain benchmarks in cessation. The Council general approach was adopted following a ‘silence procedure’ on the … Continue Reading
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