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In this act Article 5 of 6

Article 5 — Standards guiding how a benchmark may be proven to be new

Financial servicesLevel 2RTSMiFIRIn forceOfficial source

5(1)

1.When establishing whether a new benchmark meets the criteria set out in points (a) and (b) of Article 37(2) of Regulation (EU) No 600/2014, a person with proprietary rights to a benchmark shall take the following standards into account:

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5(1)(a)
(a)whether contracts based on the more recent benchmark are not capable of being netted nor substantially offset with contracts based on the relevant existing benchmark by a CCP;
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5(1)(b)
(b)whether the regions and industry sectors covered by the relevant benchmarks are not the same, nor similar;
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5(1)(c)
(c)whether the values of the relevant benchmarks are not highly correlated;
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5(1)(d)
(d)whether composition of the relevant benchmarks, having regard to the number of constituents, the actual constituents, their values and their weightings are not the same, nor similar;
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5(1)(e)
(e)whether the methodologies of each relevant benchmark are not the same, nor similar.
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5(2)

2.For commodity benchmarks, in addition to the standards specified in paragraph 1, the following additional standards shall be taken into account:

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5(2)(a)
(a)whether the relevant benchmarks are not based on the same underlying commodities;
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5(2)(b)
(b)whether the delivery locations of the underlying commodities are not the same.
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5(3)

3.In addition to the standards specified in paragraphs 1 and 2, a person with proprietary rights to a benchmark shall take into account further standards in use specific to the types of benchmarks being assessed, as appropriate.

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5(4)

4.A newly released series of a benchmark shall not constitute a new benchmark.

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