What changed, Commission Delegated Regulation (EU) 2018/1646 of 13 July 2018 supplementing Regulation (EU) 2016/1011

+ ### Article 1 — General requirements
− ### art_1
+ **1.** An application pursuant to Article 34 of Regulation (EU) 2016/1011 shall contain, as appropriate, information that includes the following:(a) items listed in Annex I, when the applicant is a legal person applying for authorisation;(b) items listed in Annex II, when the applicant is a legal pe…
− Article 1
+ **2.** The application may contain information at the level of a family of benchmarks only where none of the benchmarks within the family is included in the list of critical benchmarks established in accordance with Article 20(1) of Regulation (EU) 2016/1011.
− 1. An application pursuant to Article 34 of Regulation (EU) 2016/1011 shall contain, as appropriate, information that includes the following:
+ **3.** Where the applicant has omitted to provide any of the required information the application shall include an explanation as to why that information has not been provided.
− | (a) | items listed in Annex I, when the applicant is a legal person applying for authorisation; |
− | --- | --- |
+ **4.** The applicant shall not be required to provide the information listed under points (f) to (j) of paragraph 1 of Annex I or Annex II, as applicable, to the extent that the applicant is already supervised in the Member State by the same competent authority for other activities than the provisio…
− | (b) | items listed in Annex II, when the applicant is a legal person applying for registration; |
− | --- | --- |
+ **5.** Personal data relating to the good repute of an applicant benchmark administrator’s management body and of employees responsible for the oversight function, or of members performing the oversight function where a separate committee carries out the oversight function shall be kept by applicant…
− | (c) | items listed in Annex I, when the applicant is a natural person applying for authorisation, with the exception of the information listed at points (c), (f), (h) and (i) of paragraph 1 of Annex I; |
− | --- | --- |
+ ### Article 1a — Format of the application
− | (d) | items listed in Annex II, when the applicant is a natural person applying for registration, with the exception of the information listed at points (c), (f), (h) and (i) of paragraph 1 of Annex II. |
− | --- | --- |
+ The application referred to in Article 1 shall be submitted by electronic means unless specified otherwise in the applicable national law. Those electronic means shall ensure the completeness, integrity and confidentiality of the information during its transmission. Each submitted document shall cle…
− 2. The application may contain information at the level of a family of benchmarks only where none of the benchmarks within the family is included in the list of critical benchmarks established in accordance with Article 20(1) of Regulation (EU) 2016/1011.
+ ### Article 2 — Information to be provided for types of benchmarks
− 3. Where the applicant has omitted to provide any of the required information the application shall include an explanation as to why that information has not been provided.
+ **1.** An applicant may submit for any non-significant benchmark that it provides the information required by paragraph 6 of Annex I or, where applicable, paragraph 6 of Annex II in the form of a summary.
− 4. The applicant shall not be required to provide the information listed under points (f) to (j) of paragraph 1 of Annex I or Annex II, as applicable, to the extent that the applicant is already supervised in the Member State by the same competent authority for other activities than the provision of…
+ **2.** Non-supervised entities providing critical and significant benchmarks shall submit the information listed in Annex I.
− ### art_2
+ **3.** Supervised entities providing only non-critical benchmarks shall submit the information listed in the first column of Annex II.
− Article 2
+ **4.** An applicant providing only non-significant benchmarks shall submit the information listed in the second column of Annex II.
− 1. An applicant may submit for any non-significant benchmark that it provides the information required by paragraph 6 of Annex I or, where applicable, paragraph 6 of Annex II in the form of a summary.
+ **5.** Without prejudice to paragraphs 1 to 4, an applicant providing only regulated-data benchmarks shall not submit the information listed in points 5(c), 6(a)(iii) and 6(a)(iv) of Annex I and Annex II.
− 2. Non-supervised entities providing critical and significant benchmarks shall submit the information listed in Annex I.
+ **6.** An applicant providing only interest rate benchmarks shall submit the information listed in the Annexes of this Regulation and shall specify how the specific requirements set out in Annex I of Regulation (EU) 2016/1011 are implemented where the provisions in Annex I of Regulation (EU) 2016/10…
− 3. Supervised entities providing only non-critical benchmarks shall submit the information listed in the first column of Annex II.
+ **7.** An applicant providing only commodity benchmarks shall provide the information listed in Annex I of this Regulation if it is a non-supervised entity or if it provides a critical benchmark. If it is a supervised entity and none of the benchmarks it provides is a critical benchmark, it shall pr…
− 4. An applicant providing only non-significant benchmarks shall submit the information listed in the second column of Annex II.
+ ### Article 3 — Specific information concerning policies and procedures
− 5. Without prejudice to paragraphs 1 to 4, an applicant providing only regulated-data benchmarks shall not submit the information listed in points 5(c), 6(a)(iii) and 6(a)(iv) of Annex I and Annex II.
+ **1.** Any policies and procedures provided in an application shall contain or be accompanied by:(a) an indication of the identity of the person or persons responsible for the approval and maintenance of the policies and procedures;(b) a description of how compliance with the policies and procedures…
− 6. An applicant providing only interest rate benchmarks shall submit the information listed in the Annexes of this Regulation and shall specify how the specific requirements set out in Annex I of Regulation (EU) 2016/1011 are implemented where the provisions in Annex I of Regulation (EU) 2016/1011 a…
+ **2.** An applicant that is part of a group may comply with paragraph 1 by submitting the policies and procedures of its group where they relate to the provision of benchmarks.
− 7. An applicant providing only commodity benchmarks shall provide the information listed in Annex I of this Regulation if it is a non-supervised entity or if it provides a critical benchmark. If it is a supervised entity and none of the benchmarks it provides is a critical benchmark, it shall provid…
+ ### Article 4 — Entry into force
− ### art_3
+ This Regulation shall enter into force on the twentieth day following that of its publication in the *Official Journal of the European Union*.
− Article 3
− 
− 1. Any policies and procedures provided in an application shall contain or be accompanied by:
− 
− | (a) | an indication of the identity of the person or persons responsible for the approval and maintenance of the policies and procedures; |
− | --- | --- |
− 
− | (b) | a description of how compliance with the policies and procedures is monitored and the identity of persons responsible for this monitoring; |
− | --- | --- |
− 
− | (c) | a description of the measures to be taken in the event of a breach of the policies and procedures. |
− | --- | --- |
− 
− 2. An applicant that is part of a group may comply with paragraph 1 by submitting the policies and procedures of its group where they relate to the provision of benchmarks.
− 
− ### art_4
− 
− Article 4
− 
− This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.