On November 19, 2016, RTS on access in respect of benchmarks was published in the Official Journal of the European Union. The RTS supplement MiFIR. MiFIR provides for non-discriminatory access to benchmarks for the purposes of clearing and trading for CCPs and trading venues. This includes access to the licenses of, and information relating to, benchmarks which are used to determine the value of some financial instruments for trading and clearing purposes. The RTS specifies that a person with proprietary rights to a benchmark must, upon request, make available to CCPs and trading venues the information necessary to perform their clearing or trading functions. For CCPs, the functions include the appropriate risk management of relevant open positions in exchange-traded derivatives, including netting, and compliance by the CCP with its obligations under EMIR. For trading venues, such functions include the initial assessment of the characteristics of the benchmark, the marketing of the relevant product and the support of the price formation process for the contracts admitted or being admitted to trading. The RTS state that the provision of price and data feeds must include the feed of the benchmark's values and the prompt notification of any inaccuracy in the calculation of the benchmark values and of the updated or corrected benchmark values. The RTS also sets out general conditions on the provision of information through licensing and the minimum conditions that a benchmark owner must set for licensing agreements.
MiFIR further provides that when a new benchmark is developed after January 3, 2018 (when MiFIR will start to apply), the owner of the benchmark must show that the benchmark is a new benchmark and not merely a copy or adaptation of an existing benchmark. The RTS set out the standards guiding how a benchmark may be proven to be new. The RTS entered into force on December 9, 2016, and will apply from January 3, 2018.
The RTS on access to benchmarks is available at: http://eur-lex.europa.eu/legal-content/EN/TXT/%20PDF/?uri=CELEX:32%20016R2021&from=EN
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