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Commission Delegated Regulation (EU) 2016/908Show full title
Commission Delegated Regulation (EU) 2016/908 of 26 February 2016 supplementing Regulation (EU) No 596/2014 of the European Parliament and of the Council laying down regulatory technical standards on the criteria, the procedure and the requirements for establishing an accepted market practice and the requirements for maintaining it, terminating it or modifying the conditions for its acceptance (Text with EEA relevance)
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Commission Delegated Regulation (EU) 2016/908, Article 13 is up to date with all changes known to be in force on or before 10 August 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
EUR 2016 No. 908 may be subject to amendment by EU Exit Instruments made by the Financial Conduct Authority under powers set out in The Financial Regulators' Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 2, 3, Sch. Pt. 1. These amendments are not currently available on legislation.gov.uk. Details of relevant amending instruments can be found on their website/s.
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Changes and effects yet to be applied to Article 13:
- Regulation revoked by 2023 c. 29 Sch. 1 Pt. 1 3
Article 13U.K.Criteria for modifying or terminating an established AMP
In determining whether to terminate an established AMP or propose modification of the conditions of its acceptance, competent authorities shall have regard to:
(a)
the extent to which the beneficiaries or the persons performing the AMP have complied with the conditions established under that AMP;
(b)
the extent to which the conduct of the beneficiaries or the persons performing an AMP has resulted in any of the criteria set out in Article 13(2) of Regulation (EU) No 596/2014 no longer being met;
(c)
the extent to which the AMP has not been used by market participants for a period of time;
(d)
whether a significant change in the relevant market environment referred to in Article 13(8) of Regulation (EU) No 596/2014 results in any of the conditions for establishing the AMP being no longer possible to meet or being not necessary to be met, considering in particular:
(i)
whether the objective of the AMP has become unfeasible;
(ii)
whether the continued use of the established AMP might adversely affect the integrity or efficiency of the markets under the supervision of the competent authority;
(e)
whether there exists a situation falling within any general termination provision included in the established AMP itself.
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