OJ Publishes Implementing Regulations Supplementing the BMR


Two Implementing Regulations supplementing the Benchmarks Regulation ((EU) 2016/1011) (“BMR“) have been published in the Official Journal of the EU (“OJ“).

The Two Implementing Regulations are:

  • Commission Implementing Regulation (EU) 2018/1105, available here, which sets out Implementing Technical Standards (“ITS“) in relation to procedures and forms for providing information by competent authorities to ESMA under the BMR. Article 47(2) BMR is the relevant part of legislation here; and
  • Commission Implementing Regulation (EU) 2018/1106, available here, which sets out ITS in relation to templates for the compliance statement to be published and maintained by administrators of substantial and non-substantial benchmarks contained within the BMR. Article 25(7) BMR is the relevant bit of legislation in this area.

In terms of relevant dates, both Implementing Regulations are dated August 8, 2018. They enter into force on August 29, 2018 (20 days after publication in the OJ) and will apply from October 29, 2018.