Article 12
Methodology
An administrator shall use a methodology for determining a benchmark that:
is robust and reliable;
has clear rules identifying how and when discretion may be exercised in the determination of that benchmark;
is rigorous, continuous and capable of validation including, where appropriate, back-testing against available transaction data;
is resilient and ensures that the benchmark can be calculated in the widest set of possible circumstances, without compromising its integrity;
is traceable and verifiable.
When developing a benchmark methodology, a benchmark administrator shall:
take into account factors including the size and normal liquidity of the market, the transparency of trading and the positions of market participants, market concentration, market dynamics, and the adequacy of any sample to represent the market or economic reality that the benchmark is intended to measure;
determine what constitutes an active market for the purposes of that benchmark; and
establish the priority given to different types of input data.
ESMA shall submit those draft regulatory technical standards to the Commission by 1 October 2020.
Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.