Article 3
Controls on submitters
1. The systems and controls that a supervised contributor is required to have in place pursuant to Article 16(2)(a) of Regulation (EU) 2016/1011 shall include a documented and effective process for contributing data, and shall include at least the following:
(a) |
a process for the designation of submitters and procedures for making contributions when a submitter is unexpectedly unavailable, including the designation of alternates; |
(b) |
procedures and systems for monitoring the data used for the contributions, and the contributions themselves, that are capable of producing alerts in line with parameters predefined by the contributor. |
2. Without prejudice to any requirement imposed under Article 15 of Regulation (EU) 2016/1011, the contributor shall have regard to the following criteria in determining for the purposes of Article 16(2)(a) of that Regulation whether it is proportionate to have in place a process for sign-off by a natural person holding a position senior to that of the submitter:
(a) |
the level of discretion involved in the process of contribution; |
(b) |
the nature, scale and complexity of the supervised contributor's activities; |
(c) |
whether conflicts of interest may rise between the contribution of input data to the benchmark and any trading or other activities performed by the contributor. |
3. Where the controls put in place by a supervised contributor include a process for sign-off by a natural person holding a position senior to that of the submitter, those controls shall include clear rules about the timing of the sign-off and, if they include the possibility of sign-off after submission of the input data, they shall specify the circumstances in which sign-off after submission is permitted and the maximum time-period within which such sign-off is to occur.