RTS scope
62. Article 17(1) of the BMR excludes the application of Article 14 of the BMR on Reporting of infringements in respect to regulated data benchmark. As specified in Article 3(1)(24) of the BMR regulated data benchmarks are benchmarks based on input data provided by entities that are already subject to regulation and supervision that ensure the integrity and transparency of the input data and provide for governance requirements and procedures for the notification of infringements.
63. In addition to this, Article 19 of the BMR provides for the requirements laid down in Annex II to replace the requirements of Title II BMR on Benchmark Integrity and Reliability (including Article 14 on Reporting of infringements) for commodity benchmarks. Only commodity benchmarks which are (i) regulated data benchmarks; (ii) based on submissions by contributors the majority of which are supervised entities, and (iii) critical benchmarks and the underlying asset is gold, silver or platinum are n
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