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Benchmarks Regulation: ESMA consults on draft technical standards

05/10/2016 Clifford Chance

The key provisions of the draft technical standards cover both benchmark contributors and administrators, and relate to:

  • procedures, characteristics and positioning of the oversight function;
  • appropriateness and verifiability of input data;
  • transparency of the methodologies applied;
  • governance and control requirements for supervised contributors;
  • provisions for significant and non-significant benchmarks; and
  • provisions for recognition by third country administrators.
  • Each chapter includes a summary of the relevant provisions and their objectives, an explanation of related policy issues and the draft text of each technical standard.

Comments are due by 2 December 2016. ESMA intends to submit the final draft RTS and ITS to the EU Commission by 1 April 2017.