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BMR ToolImplementing Regulation 2018/1106
ANNEX II

ANNEX II

ANNEX II

Template for the compliance statement referred to in Article 26(3) of Regulation (EU) 2016/1011

Item

Text field

A.   General Information

1.

Date of creation of this document and, where applicable, of the latest update to it

1.

Created: [dd/mm/yy]

Last updated: [dd/mm/yy]

2.

Name of the administrator

2.

 [As it appears in the ‘Register of administrators and benchmarks’ published by ESMA]

The following section:

—

identifies the non-significant benchmark or non-significant benchmarks in respect of which provisions do not apply,

—

identifies the provisions that the administrator has chosen not to apply, and

—

explains why it is appropriate for the administrator not to comply with each such provision.

If this document relates to a family of non-significant benchmarks provided by the administrator, a separate section must be completed for each set of benchmarks in respect of which:

—

the provisions that the administrator chooses not to apply are the same for all those benchmarks, and

—

for each provision, the explanation why it is appropriate for the administrator not to comply with the provision is the same for all those benchmarks.

B.    [Insert name of the administrator as set out in item 2 of section A] chooses to not apply the following provisions of Regulation (EU) 2016/1011 in respect of the non-significant benchmark or non-significant benchmarks identified below

1.

The benchmark or benchmarks in respect of which the provision(s) do not apply

1.

 [Insert name of the benchmark, or each of the benchmarks, including its international securities identification number (ISIN) or, where no ISIN is available, any other identifier available]

2.

(i)

The provision or provisions of Regulation (EU) 2016/1011 that do not apply

(ii)

For each provision, the reasons why it is appropriate for the administrator not to comply with that provision

2(i)

 [For each provision, insert the Article number, paragraph and, where applicable, specific point of Regulation (EU) 2016/1011, and the full text of the provision]

2(ii)

 [For each provision, insert a specific, detailed and clear explanation of why it is appropriate for the administrator not to comply with the provision.]