Article 5 of Regulation (EU) 2019/2175 amended Regulation (EU) 2016/1011 (BMR) providing ESMA with new direct supervisory powers under BMR. In particular, the amended BMR designates ESMA as the competent authority of both administrators of critical benchmarks, as referred to in points (a) and (c) of Article 20(1) of BMR, and of third country administrators recognised under Article 32 of BMR. These new ESMA supervisory responsibilities will start on 1 January 2022.
On 17 June 2020, ESMA received a formal request from the European Commission to provide technical advice to assist the Commission in formulating a delegated act
Who should read this paper
Administrators of critical benchmarks and third country administrators that will seek recognition under the BMR framework are invited to reply to this consultation.
Responding to this paper
ESMA invites comments on all matters in this paper and in particular on the specific questions summarised in Annex 1. Comments are most helpful if they:
- respond to the question stated;
- indicate the specific question to which the comment relates;
- contain a clear rationale; and
- describe any alternatives ESMA should consider.
ESMA will consider all comments received by 6 November 2020.
All contributions should be submitted online at www.esma.europa.eu under the heading ‘Your input - Consultations’.
Publication of responses
All contributions received will be published following the close of the consultation, unless you request otherwise. Please clearly and prominently indicate in your submission any part you do not wish to be publicly disclosed. A standard confidentiality statement in an email message will not be treated as a request for non-disclosure. A confidential response may be requested from us in accordance with ESMA’s rules on access to documents. We may consult you if we receive such a request. Any decision we make not to disclose the response is reviewable by ESMA’s Board of Appeal and the European Ombudsman.
Data protection
Information on data protection can be found at www.esma.europa.eu under the heading Legal Notice.