Commission Implementing Regulation (EU) 2018/1106 of 8 August 2018 laying down implementing technical standards with regard to templates for the compliance statement to be published and maintained by administrators of significant and non-significant benchmarks pursuant to Regulation (EU) 2016/1011 of the European Parliament and of the Council (Text with EEA relevance.)

• CELEX: Implementing Regulation (EU) 2018/1106
• Articles: 4

Article 1 Templates for the compliance statement

1.   The template for the compliance statement referred to in Article 25(7) of Regulation (EU) 2016/1011 is set out in Annex I to this Regulation.

2.   The template for the compliance statement referred to in Article 26(3) of Regulation (EU) 2016/1011 is set out in Annex II to this Regulation.

Article 2 Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

It shall apply from 29 October 2018.

Schedules & Appendices

ANNEX I

ANNEX I

Template for the compliance statement referred to in Article 25(7) of Regulation (EU) 2016/1011

Item

Text field

A.    General Information

1.

Date of creation of this document and, where applicable, of the latest update to it

1.

Created: [dd/mm/yy]

Last updated: [dd/mm/yy]

2.

Name of the administrator

2.

[As it appears in the ‘Register of administrators and benchmarks’ published by ESMA]

3.

Relevant National Competent Authority

3.

[The competent authority which has authorised or registered the administrator pursuant to Article 34(1) of Regulation (EU) 2016/1011]

The following section:

—

identifies the significant benchmark or significant benchmarks in respect of which provisions do not apply,

—

identifies the provisions that the administrator has chosen not to apply, and

—

explains why it is appropriate for the administrator not to comply with each such provision.

If this document relates to more than one significant benchmark provided by the administrator, a separate section must be completed for each set of benchmarks in respect of which:

—

the provisions that the administrator chooses not to apply are the same for all those benchmarks, and

—

for each provision, the explanation why it is appropriate for the administrator not to comply with the provision is the same for all those benchmarks.

B.

[Insert name of the administrator as set out in item 2 of section A] chooses not to apply the following provisions of Regulation (EU) 2016/1011 with respect to the significant benchmark or significant benchmarks identified below

1.

The benchmark or benchmarks in respect of which the provision(s) do not apply

1.

[Insert name of the benchmark, or each of the benchmarks, including its international securities identification number (ISIN) or, where no ISIN is available, any other identifier available]

2.

Indication of where the benchmark statement for the relevant benchmark or each of the relevant benchmarks is published

2.

[e.g. webpage link]

3.

(i)

The provision or provisions of Regulation (EU) 2016/1011 that do not apply

(ii)

For each provision, the reasons why it is appropriate for the administrator not to comply with that provision

3(i)

[For each provision, insert the Article number, paragraph and, where applicable, specific point of Regulation (EU) 2016/1011, and the full text of the provision]

3(ii)

[For each provision, insert a specific, detailed and clear explanation of why it is appropriate for the administrator not to comply with the provision, taking into account the nature and impact of the benchmark or benchmarks and the size of the administrator.]

ANNEX II

ANNEX II

Template for the compliance statement referred to in Article 26(3) of Regulation (EU) 2016/1011

Item

Text field

A.    General Information

1.

Date of creation of this document and, where applicable, of the latest update to it

1.

Created: [dd/mm/yy]

Last updated: [dd/mm/yy]

2.

Name of the administrator

2.

[As it appears in the ‘Register of administrators and benchmarks’ published by ESMA]

The following section:

—

identifies the non-significant benchmark or non-significant benchmarks in respect of which provisions do not apply,

—

identifies the provisions that the administrator has chosen not to apply, and

—

explains why it is appropriate for the administrator not to comply with each such provision.

If this document relates to a family of non-significant benchmarks provided by the administrator, a separate section must be completed for each set of benchmarks in respect of which:

—

the provisions that the administrator chooses not to apply are the same for all those benchmarks, and

—

for each provision, the explanation why it is appropriate for the administrator not to comply with the provision is the same for all those benchmarks.

B.

[Insert name of the administrator as set out in item 2 of section A] chooses to not apply the following provisions of Regulation (EU) 2016/1011 in respect of the non-significant benchmark or non-significant benchmarks identified below

1.

The benchmark or benchmarks in respect of which the provision(s) do not apply

1.

[Insert name of the benchmark, or each of the benchmarks, including its international securities identification number (ISIN) or, where no ISIN is available, any other identifier available]

2.

(i)

The provision or provisions of Regulation (EU) 2016/1011 that do not apply

(ii)

For each provision, the reasons why it is appropriate for the administrator not to comply with that provision

2(i)

[For each provision, insert the Article number, paragraph and, where applicable, specific point of Regulation (EU) 2016/1011, and the full text of the provision]

2(ii)

[For each provision, insert a specific, detailed and clear explanation of why it is appropriate for the administrator not to comply with the provision.]