Article 3 Level of conflicts of interest

The further criteria to be considered by the FCA under Article 25(3) of Regulation (EU) 2016/1011 in taking into account the level of conflicts of interest shall include at least the following:

  1. (a)

    whether the administrator has a financial interest in financial instruments or financial contracts referencing the benchmark or could profit from the performance of an investment fund that is measured by the benchmark;

  2. (b)

    in cases where the benchmark is based on input data contributions, whether the administrator's relationship with the contributors is governed by adequate control mechanisms;

  3. (c)

    whether the administrator has controls or other measures in place that mitigate potential conflicts of interest effectively.