TITLE III

REQUIREMENTS FOR DIFFERENT TYPES OF BENCHMARKS
CHAPTER 4

Critical benchmarks

Mandatory administration of a critical benchmark
Article 21
1
If an administrator of a critical benchmark intends to cease providing such benchmark, the administrator shall:
a
immediately notify its competent authority; and
b
within four weeks of such notification submit an assessment of how the benchmark:
1. is to be transitioned to a new administrator; or
2. is to be ceased to be provided, taking into account the procedure established in Article 28(1).
During the period referred to in point (b) of the first subparagraph, the administrator shall not cease provision of the benchmark.
2
Upon receipt of the assessment of the administrator referred to in paragraph 1, the competent authority shall:
a
inform ESMA and, where applicable, the college established under Article 46; and
b
within four weeks, make its own assessment of how the benchmark is to be transitioned to a new administrator or be ceased to be provided, taking into account the procedure established in accordance with Article 28(1).
During the period of time referred to in point (b) of the first subparagraph of this paragraph, the administrator shall not cease the provision of the benchmark without the written consent of the competent authority.
3
Following completion of the assessment referred to in point (b) of paragraph 2, the competent authority shall have the power to compel the administrator to continue publishing the benchmark until such time as:
a
the provision of the benchmark has been transitioned to a new administrator;
b
the benchmark can be ceased to be provided in an orderly fashion; or
c
the benchmark is no longer critical.
For the purposes of the first subparagraph, the period for which the competent authority may compel the administrator to continue to publish the benchmark shall not exceed 12 months.
By the end of that period, the competent authority shall review its decision to compel the administrator to continue to publish the benchmark and may, where necessary, extend the time period by an appropriate period not exceeding a further 12 months. The maximum period of mandatory administration shall not exceed 24 months in total.
4
Without prejudice to paragraph 1, in the event that the administrator of a critical benchmark is to be wound down due to insolvency proceedings, the competent authority shall make an assessment of whether and how the critical benchmark can be transitioned to a new administrator or can cease to be provided in an orderly fashion, taking into account the procedure established in accordance with Article 28(1).