Updated 22/10/2024
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Article 3 - Differentiation and non-discrimination

Article 3

Differentiation and non-discrimination

1.   Where a person with proprietary rights to a benchmark sets, in accordance with Article 37(1) of Regulation (EU) No 600/2014, different conditions, including fees and their payment conditions, those conditions shall apply in a manner specific to each category of licensees.

2.   A person with proprietary rights to a benchmark shall set the same rights and obligations for the licensees within the same category.

3.   A person with proprietary rights to a benchmark shall make the criteria defining the different categories of licensees publicly available.

4.   A person with proprietary rights to a benchmark shall, on request, provide to any CCP or trading venue for free the conditions applying to the category to which that CCP or trading venue belongs.

5.   A person with proprietary rights to a benchmark shall make available to all licensees within the same category any additions to or modifications of the conditions for licensing agreements agreed with a licensee within that category under the same conditions.