ESMA_QA_754
Topic
Benchmarks Regulation
31/03/2023
Subject Matter
Written plans for cessation or material changes of a benchmark (ESMA70-145-114_Q&A 8.1)
Question
Are supervised entities, other than administrators, required to have robust written plans for cessation or material changes of a benchmark and to reflect them in the contractual relationship with clients as of 1 January 2018?

Level 1 Regulation
Benchmarks Regulation (BMR) - Regulation 2016/1011
ESMA_QA_753
Topic
Benchmarks Regulation
31/03/2023
Subject Matter
The legal representative under Article 32(3) of BMR (ESMA70-145-114_Q&A 7.7)
Question
What should be the role and responsibilities of a legal representative under Article 32(3) of BMR and what entities may be suitable candidates to perform such role?
Level 1 Regulation
Benchmarks Regulation (BMR) - Regulation 2016/1011
ESMA_QA_751
Topic
* Transaction reporting
31/03/2023
Subject Matter
Settlement location
Question
Field 14 “Delivery/cash settlement location” in Table 2 of Annex IV of RTS 2 (transparency reference data), as amended by [Amending Regulation RTS 2], should be populated with a standard code (Energy Identification Code – “EIC”) for electricity and gas contracts. How should Field 14 “Delivery/cash settlement location” for electricity and gas contracts be reported for a) cash settled contracts; b) contracts for which an EIC is not available? [MiFID II and MiFIR transparency topics, Section 3, Question 25]
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- MDP
ESMA_QA_750
Topic
Third-Country Regimes
31/03/2023
Subject Matter
Annual review of IOSCO principles for Oil Pricing Reporting Agencies (PRAs) (ESMA70-145-114_Q&A 7.6)
Question
Is the annual review of IOSCO principles for PRAs sufficient for the purpose of paragraph 18 of Annex II of BMR?
Level 1 Regulation
Benchmarks Regulation (BMR) - Regulation 2016/1011
ESMA_QA_749
Topic
Third-Country Regimes
31/03/2023
Subject Matter
IOSCO Principles assessment of compliance (ESMA70-145-114_Q&A 7.5)
Question
What information may ESMA rely on in an external audit report of compliance to IOSCO Principles under Article 32(2) of BMR?
Level 1 Regulation
Benchmarks Regulation (BMR) - Regulation 2016/1011