Changes between two versions
What changed between the draft committee report of 11 Jan 2024 and the draft committee report of 3 Apr 2025
From · draft committee report· 11 Jan 2024
on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1011 as regards the scope of the rules for benchmarks, the use in the Union of benchmarks provided by an administrator located in a third country, and certain reporting requirements
To · draft committee report· 3 Apr 2025
on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/1011 as regards the scope of the rules for benchmarks, the use in the Union of benchmarks provided by an administrator located in a third country, and certain reporting requirements
These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).
+8 added · −150 removed · 8 changed paragraphs, packaging included.
Part 4 of 4: Paragraphs 141–169
Removed:Article 1 – paragraph 1 – point 17, Article 36 – paragraph 1 – point e: (e) the benchmarks, including their ISINs, subject to a statement published by ESMA or a competent authority pursuant to Article 24(2), and the hyperlinks to such statements;
Removed:Regulation (EU) No 2016/1011
Removed:Article 1 – paragraph 1 – point 17, Article 36 – paragraph 1 – point f: (f) the benchmarks, including their ISINs, subject to designations by competent authorities notified to ESMA pursuant to Article 24(4), and the hyperlinks to such designations;
Removed:Regulation (EU) No 2016/1011
Removed:Article 1 – paragraph 1 – point 17, Article 36 – paragraph 1 – point g: (g) the benchmarks, including their ISINs, subject to designations by ESMA, and the hyperlinks to such designations;
Removed:Regulation (EU) No 2016/1011
Removed:Article 1 – paragraph 1 – point 17, Article 36 – paragraph 1 – point h: (h) the benchmarks, including their ISINs, subject to public notices issued by ESMA and competent authorities pursuant to Article 24a(5), and the hyperlinks to such public notices.;
Removed:Regulation (EU) No 2016/1011
Removed:Article 1 – paragraph 1 – point 17, Article 36 – paragraph 1 – point i: (i) the list of EU Climate Transition Benchmarks and EU Paris-aligned Benchmarks, including their ISINs, available for use in the Union;
Removed:Regulation (EU) No 2016/1011
Removed:Article 1 – paragraph 1 – point 17, Article 36 – paragraph 1 – point j: (j) the list of critical benchmarks, including their ISINs;
Removed:Regulation (EU) No 2016/1011
Removed:Article 1 – paragraph 1 – point 17, Article 36 – paragraph 3 – point j a (new): (ja) the list of ESG Benchmarks, including their ISINs, available for use in the Union’;
Removed:Regulation (EU) No 2016/1011
Removed:Article 1 – paragraph 1 – point 17, Article 36 – paragraph 3 – point j b (new): (jb) the list of commodity benchmarks subject to Annex II available for use in the Union.
Removed:Regulation (EU) No 2016/1011
Removed:Article 1 – paragraph 1 – point 17 a (new), Article 40 – paragraph 1: (17a) Article 40(1) is amended as follows: / "1. For the purposes of this Regulation, ESMA shall be the competent authority for: / (b) administrators of the benchmarks referred to in Article 32; / (c) administrators of the benchmarks that are significant within the Union as referred to in Article 24(2), (5) and (6); / (d) administrators endorsing benchmarks provided in a third country according to Article 33."
Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02016R1011-20220101)
Removed:Regulation (EU) No 2016/1011
Removed:Article 1 – paragraph 1 – point 19 a (new), Article 48e – paragraph 1 – introductory part: (19a) in Article 48e(1), the introductory part is amended as follows: / "1. Where, in accordance with Article 48i(5), ESMA finds that a person has committed one of the infringements listed in point (a) of Article 42(1), or any failure to cooperate or comply in an investigation or with an inspection or request covered by Section 1 of this Chapter, it shall take one or more of the following actions:"
Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02016R1011-20220101)
Removed:Regulation (EU) No 2016/1011
Removed:Article 1 – paragraph 1 – point 19 b (new), Article 48f – paragraph 1 – subparagraph 1: (19b) in Article 48f(1), the first subparagraph is replaced by the following: / "1. Where, in accordance with Article 48i(5), ESMA finds that any person has, intentionally or negligently, committed one or more of the infringements listed in point (a) of Article 42(1), or any failure to cooperate or comply in an investigation or with an inspection or request covered by Section 1 of this Chapter, it shall adopt a decision imposing a fine in accordance with paragraph 2 of this Article."
Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02016R1011-20220101)
Removed:Regulation (EU) No 2016/1011
Removed:Article 1 – paragraph 1 – point 21, Article 51 – paragraph 4c: 4c. Competent national authorities intending to designate a benchmark provided by an administrator that was included in the ESMA register on ...[date of application of this amending Regulation – 1 day] and ESMA intending to designate a benchmark that was included in the ESMA register or the administrator of which was included in the ESMA register on ...[ date of application of this amending Regulation – 1 day] shall do so by ... [six months from the date of application of this amending Regulation]. / Benchmark administrators that were authorised, registered, endorsed or recognised on ...[date of application of this amending Regulation] shall retain this status for six months after entry into application of this amending regulation. Where one or more of their benchmarks are designated by ... [within six months after the date of application of this amending Regulation], the designated administrators shall not be obliged to re-apply for authorisation registration, recognition, or endorsement pursuant to Article 24a(1), (2), or (3), as applicable.’; / Administrators of significant benchmarks that were authorised, registered, endorsed or recognised on ...[ date of application of this amending Regulation] shall not be obliged to re-apply for authorisation registration, recognition, or endorsement pursuant to Article 24a(1) where one or more of their benchmarks are significant pursuant to Art. 24(1)(a).’
Removed:Regulation (EU) No 2016/1011
Removed:Article 1 – paragraph 1 – point 21 a (new), Article 53 – paragraph 1: (21a) Article 53, paragraph 1 is deleted
Removed:(https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02016R1011-20220101)