Updated 09/11/2024
In force

Initial Legal Act
Amendments
ESMA70-452-447
Published: 05/08/2022
Art. 13
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MAR ToolDelegated Regulation 2016/908
Article 13

Article 13 - Criteria for modifying or terminating an established AMP

Article 13

Criteria for modifying or terminating an established AMP

In determining whether to terminate an established AMP or propose modification of the conditions of its acceptance, competent authorities shall have regard to:

(a)

the extent to which the beneficiaries or the persons performing the AMP have complied with the conditions established under that AMP;

(b)

the extent to which the conduct of the beneficiaries or the persons performing an AMP has resulted in any of the criteria set out in Article 13(2) of Regulation (EU) No 596/2014 no longer being met;

(c)

the extent to which the AMP has not been used by market participants for a period of time;

(d)

whether a significant change in the relevant market environment referred to in Article 13(8) of Regulation (EU) No 596/2014 results in any of the conditions for establishing the AMP being no longer possible to meet or being not necessary to be met, considering in particular:

(i)

whether the objective of the AMP has become unfeasible;

(ii)

whether the continued use of the established AMP might adversely affect the integrity or efficiency of the markets under the supervision of the competent authority;

(e)

whether there exists a situation falling within any general termination provision included in the established AMP itself.