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Regulation (EU) No 600/2014 of the European Parliament and of the CouncilShow full title
Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (Text with EEA relevance)
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Changes over time for: Article 37
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Regulation (EU) No 600/2014 of the European Parliament and of the Council, Article 37 is up to date with all changes known to be in force on or before 16 July 2024. 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.
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Changes and effects yet to be applied to Article 37:
- Art. 37 omitted by S.I. 2018/1403 reg. 31(3) (This amendment not applied to legislation.gov.uk. Reg. 31(3) substituted immediately before IP completion day by virtue of S.I. 2020/628, regs. 1(2), 7(3)(a))
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Title IVa addition by EUR 2019/2175 Regulation (This amendment by the EU not applied to legislation.gov.uk because it is brought into force after IP completion day.)
- Title VIa addition by EUR 2019/2175 Regulation (This amendment by the EU not applied to legislation.gov.uk because it is brought into force after IP completion day.)
- Sch. 3 para. 31 revoked by 2023 c. 29 Sch. 2 para. 50(c)(ii)
- Sch. 3 para. 32 revoked by 2023 c. 29 Sch. 2 para. 50(c)(ii)
- Art. 2.1(12)(12A) substituted by 2023 c. 29 Sch. 2 para. 8
- Art. 2.1(17) words omitted by 2023 c. 29 Sch. 2 para. 19(a)
- Art. 3(4)(5) inserted by 2023 c. 29 Sch. 2 para. 2
- Art. 18-18b substituted for Art. 18 by 2023 c. 29 Sch. 2 para. 10
- Art. 28a inserted by 2023 c. 29 Sch. 2 para. 17
- Art. 46(2A) inserted by S.I. 2018/1403, reg. 33(1)(ba) (as inserted) by S.I. 2019/710 reg. 16(15)(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 16(15)(a) omitted (30.9.2020) by virtue of S.I. 2020/1055, regs. 1(2), 13)
- Art. 46(2A) omitted by 2021 c. 22 Sch. 10 para. 5(4)
- Art. 50C(2) words inserted by 2023 c. 29 Sch. 2 para. 26(2)
- Art. 50C(3) words inserted by 2023 c. 29 Sch. 2 para. 26(3)
- Art. 50C(4) words inserted by 2023 c. 29 Sch. 2 para. 26(4)
- Art. 50D(1) words substituted by 2023 c. 29 Sch. 2 para. 27(2)(a)
- Art. 50D(1) words substituted by 2023 c. 29 Sch. 2 para. 27(2)(b)
- Art. 50D(2A) inserted by 2023 c. 29 Sch. 2 para. 27(4)
- Art. 50D(3) words substituted by 2023 c. 29 Sch. 2 para. 27(5)
- Art. 54a addition by EUR 2019/2175 Regulation (This amendment by the EU not applied to legislation.gov.uk because it is brought into force after IP completion day.)
- Art. 54b addition by EUR 2019/2175 Regulation (This amendment by the EU not applied to legislation.gov.uk because it is brought into force after IP completion day.)
Article 37U.K.Non-discriminatory access to and obligation to licence benchmarks
1.Where the value of any financial instrument is calculated by reference to a benchmark, a person with proprietary rights to the benchmark shall ensure that CCPs and trading venues are permitted, for the purposes of trading and clearing, non-discriminatory access to:
(a)relevant price and data feeds and information on the composition, methodology and pricing of that benchmark for the purposes of clearing and trading; and
(b)licences.
A licence including access to information shall be granted on a fair, reasonable and non-discriminatory basis within three months following the request by a CCP or a trading venue.
Access shall be given at a reasonable commercial price taking into account the price at which access to the benchmark is granted or the intellectual property rights are licensed on equivalent terms to another CCP, trading venues or any related persons for the purposes of clearing and trading. Different prices can be charged to different CCPs, trading venues or any related persons only where objectively justified having regard to reasonable commercial grounds such as the quantity, scope or field of use demanded.
2.Where a new benchmark is developed after [F13 January 2018] the obligation to licence starts no later than 30 months after a financial instrument referencing that benchmark commenced trading or was admitted to trading. Where a person with proprietary rights to a new benchmark owns an existing benchmark, that person shall establish that compared to any such existing benchmark the new benchmark meets the following cumulative criteria:
(a)the new benchmark is not a mere copy or adaptation of any such existing benchmark and the methodology, including the underlying data, of the new benchmark is meaningfully different from any such existing benchmark; and
(b)the new benchmark is not a substitute for any such existing benchmark.
This paragraph shall be without prejudice to the application of competition rules F2....
3.No CCP, trading venue or related entity may enter into an agreement with any provider of a benchmark the effect of which would be either:
(a)to prevent any other CCP or trading venue from obtaining access to such information or rights as referred to in paragraph 1; or
(b)to prevent any other CCP or trading venue from obtaining access to such a licence, as referred to in paragraph 1.
4.[F3The FCA and the Bank of England may make] technical standards to specify:
(a)the information through licensing to be made available under paragraph 1(a) for the sole use of the CCP or trading venue;
(b)other conditions under which access is granted, including confidentiality of information provided;
(c)the standards guiding how a benchmark may be proven to be new in accordance with paragraph 2(a) and (b).
F4...
F4...
Textual Amendments
F1Substituted by Regulation (EU) 2016/1033 of the European Parliament and of the Council of 23 June 2016 amending Regulation (EU) No 600/2014 on markets in financial instruments, Regulation (EU) No 596/2014 on market abuse and Regulation (EU) No 909/2014 on improving securities settlement in the European Union and on central securities depositories (Text with EEA relevance).
F2Words in Art. 37(2) omitted (31.12.2020) by virtue of The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1403), regs. 1(3), 31(3)(a) (with savings in S.I. 2019/680, reg. 11) (as substituted by S.I. 2020/628, regs. 1(3), 7(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 37(4) substituted (31.12.2020) by The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1403), regs. 1(3), 31(3)(b)(i) (with savings in S.I. 2019/680, reg. 11) (as substituted by S.I. 2020/628, regs. 1(3), 7(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 37(4) omitted (31.12.2020) by virtue of The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1403), regs. 1(3), 31(3)(b)(ii) (with savings in S.I. 2019/680, reg. 11) (as substituted by S.I. 2020/628, regs. 1(3), 7(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)
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