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Version status: Applicable | Document consolidation status: No known changes
Version date: 3 January 2020 - onwards
Version 3 of 3

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.