The Benchmarks Regulation—level 2 and level 3 measures and other resources

The following Financial Services practice note provides comprehensive and up to date legal information covering:

  • The Benchmarks Regulation—level 2 and level 3 measures and other resources
  • Background to the Benchmarks Regulation
  • Benchmarks Regulation—Level 2 measures
  • Benchmarks Regulation—Level 3 measures
  • Benchmarks Regulation—UK regulatory materials
  • Benchmarks Regulation and benchmarks reform—industry initiatives and documents

The Benchmarks Regulation—level 2 and level 3 measures and other resources

BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see: Brexit and financial services: materials on the post-Brexit UK/EU regulatory regime.

Background to the Benchmarks Regulation

Benchmarks are vital to the pricing of numerous financial instruments and commercial and non-commercial contracts. Following reports of the manipulation of various benchmarks, such as the London Inter-bank Offered Rate (LIBOR), there were widespread concerns as to the integrity of benchmarks generally. This resulted in subsequent investigations and enforcement action by regulators into various benchmarks. It is in this context that on 18 September 2013 the European Commission published its proposal for a Regulation on indices used as benchmarks in financial instruments and financial contracts. Regulation (EU) 2016/1011 (the Benchmarks Regulation) was published in the Official Journal on 29 June 2016 and came into force on 30 June 2016. The majority of its provisions apply from 1 January 2018.

The Benchmarks Regulation aims to protect investors and regain consumer confidence in the indices used as benchmarks in financial instruments

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