ESMA_QA_727
Topic
Benchmarks Regulation
29/03/2023
Subject Matter
Use of a benchmark (ESMA70-145-114 Q&A_5.2)
Question
In Article 3(1)(7), “use of a benchmark”, is defined, in paragraph (b), as meaning “determination of the amount payable under a financial instrument . . . by referencing an index or a combination of indices”. In which circumstances would one or more supervised entities be viewed as using a benchmark under paragraph (b) in relation to a derivative, i.e. a financial instrument in Section C of Annex I to Directive 2014/65/EU, paragraphs (4) – (10)?

Level 1 Regulation
Benchmarks Regulation (BMR) - Regulation 2016/1011
ESMA_QA_726
Topic
Benchmarks Regulation
29/03/2023
Subject Matter
Family of benchmarks (ESMA70-145-114 Q&A_5.1)
Question
How can benchmarks be grouped into a family? Can critical, significant and non-significant benchmarks be part of the same family of benchmarks?

Level 1 Regulation
Benchmarks Regulation (BMR) - Regulation 2016/1011
ESMA_QA_725
Topic
Benchmarks Regulation
29/03/2023
Subject Matter
Scope of application of the Commission Delegated Regulations adopted under the BMR (ESMA70-145-114 Q&A_4.6)
Question
Is the scope of application of the Commission Delegated Regulations adopted pursuant to the BMR identical to the scope of the related requirements in the BMR?

Level 1 Regulation
Benchmarks Regulation (BMR) - Regulation 2016/1011
ESMA_QA_724
Topic
Benchmarks Regulation
29/03/2023
Subject Matter
Commodity benchmarks (ESMA70-145-114 Q&A_4.5)
Question
How should the threshold for the exemption for commodity benchmarks under Article 2(2)(g)(ii) of the BMR be calculated?


Level 1 Regulation
Benchmarks Regulation (BMR) - Regulation 2016/1011
ESMA_QA_723
Topic
Benchmarks Regulation
29/03/2023
Subject Matter
Application of the Regulation outside the EU (ESMA70-145-114 Q&A_4.4)
Question
Does the provision of and contribution to benchmarks that are used outside the European Union only fall within the scope of the BMR?

Level 1 Regulation
Benchmarks Regulation (BMR) - Regulation 2016/1011