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Version status: Applicable | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2022 - onwards
Version 4 of 4

Article 32 Recognition of an administrator located in a third country

DRAFT Text amended Article 1 Amendments to Regulation (EU) 2016/1011 of the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1011 as regards the scope of the rules for benchmarks, the use in the Union of benchmarks provided by an administrator located in a third country, and certain reporting requirements (Text with EEA relevance) (COM(2023) 660 final / 2023/0379 (COD)) (updated 14 November 2024 with Cover Note)

1. Until such time as an equivalence decision is adopted in accordance with Article 30(2) or (3), a benchmark provided by an administrator located in a third country may be used by supervised entities in the Union, provided that that administrator acquires prior recognition by ESMA in accordance with this Article.

2. An administrator located in a third country intending to obtain prior recognition as referred to in paragraph 1 of this Article shall comply with the requirements established in this Regulation, excluding Article 11(4) and Articles 16, 20, 21 and 23. The administrator may fulfil that condition by applying the IOSCO principles for financial benchmarks or the IOSCO principles for PRAs, as applicable, provided that such application is equivalent to compliance with the requirements established in this Regulation, excluding Article 11(4), and Articles 16, 20, 21 and 23.