Indices used as benchmarks (Benchmarks Regulation)

Published 02.11.2020

State of play: on 29 June 2016, the Regulation was published in the Official Journal (L 171/1).

Review process started in the Commission.

Level 1

Commission

  • 18 September 2013, the proposal was published.
  • 18 March 2020, the Commission launched a consultation on a roadmap for the review of EU rules for financial benchmarks.
  • 24 July 2020, the Commission proposed amendments to EU rules on financial benchmarks.

Parliament

  • 31 March 2015, the ECON Committee adopted its report on the proposal.
  • 7 April 2016, the ECON Committee approved the agreed text from the trilogue negotiations.
  • 28 April 2016, the Parliament adopted the trilogue agreement in plenary. 
  • 19 January 2021, the plenary voted on orderly termination of benchmarks
  • 2 February 2021, the Council adopted amendments to the so-called Banchmark Regulation adopting new rules addressing LIBOR cessation.

Council

  • 17 May 2016, the Council formally adopted the text.

Level 2

  • 29 September 2017, the Commission adopted a delegated regulation on the criteria to be applied for assessing whether certain events would result in significant and adverse impacts on market integrity, financial stability etc.
  • Acts on Benchmarks Regulation
  • 7 September 2018, ESMA updated its benchmarks register.
  • 16 July 2019, the EBA updated the ITS package for 2020 benchmarking exercise, on the basis of the responses to the consultation to amend the Regulation on benchmarking of internal models.
  • 11 October 2019, the Commission opened a public consultation on a report on the review of the Benchmark Regulation pursuant to Article 54.
  • 13 February 2020, ESMA published a table comprising national competent authorities that comply or intend to comply with ESMA’s guidelines on non-significant benchmarks under the Benchmarks Regulation.
  • 9 March 2020, ESMA launched a consultation on draft RTS under the Benchmarks Regulation (BMR) covering governance, methodology, infringements reporting, critical benchmarks
  • 25 September 2020, ESMA launched a consultation on fees for benchmarks administrators under the BMR.

Level 3

  • 20 December 2018, ESMA published guidelines on non-significant benchmarks.
  • 19 June 2019, ESMA published the official translations of its guidelines on non-significant benchmarks.
  • 11 July 2019, ESMA updated the Q&A on the Benchmarks Regulation.
  • 11 December 2019, ESMA issued an update of its Q&A on the Benchmarks Regulation.
  • 13 December 2019, ESMA made available information on pending authorisation/registration applications by EU-based administrators under the Benchmarks Regulation.
  • 6 February 2020, EIOPA opened a consultation addressing for the first time the subject of the ongoing changes to the new benchmark rates (or IBOR transitions) following the Benchmarks Regulation.
  • 13 February 2020, ESMA published a table comprising national competent authorities that comply or intend to comply with ESMA’s guidelines on non-significant benchmarks under the Benchmarks Regulation.
  • 9 March 2020, ESMA published a list of competent authorities that comply or intend to comply with its guidelines on non-significant benchmarks.
  • 29 April 2020, ESMA published a no action letter to promote coordinated action by national competent authorities (NCAs) regarding the new environmental, social and governance (ESG) disclosure requirements for benchmark administrators under the Benchmarks Regulation.
  • 6 November 2020, ESMA published a Q&A on the European Benchmarks Regulation.
  • 23 December 2020, ESMA published a consultation on fines and penalties for Benchmark Administrators.
  • 1 February 2021, ESMA published a report on its technical advice regarding supervisory fees for benchmarks administrators under the BMR.
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