Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

ANNEX II Template for the compliance statement referred to in Article 26(3) of Regulation (EU) 2016/1011

Item

Text field

A. General Information

(1) Date of creation of this document and, where applicable, of the latest update to it

Created: [dd/mm/yy]

Last updated: [dd/mm/yy]

(2) Name of the administrator

[As it appears in the "Register of administrators and benchmarks" published by the FCA]

The following section:

  • identifies the non-significant benchmark or non-significant benchmarks in respect of which provisions do not apply,
  • identifies the provisions that the administrator has chosen not to apply, and
  • explains why it is appropriate for the administrator not to comply with each such provision.

If this document relates to a family of non-significant benchmarks provided by the administrator, a separate section must be completed for each set of benchmarks in respect of which:

  • the provisions that the administrator chooses not to apply are the same for all those benchmarks, and
  • for each provision, the explanation why it is appropriate for the administrator not to comply with the provision is the same for all those benchmarks.

B. [Insert name of the administrator as set out in item 2 of section A] chooses to not apply the following provisions of Regulation (EU) 2016/1011 in respect of the non-significant benchmark or non-significant benchmarks identified below

(1) The benchmark or benchmarks in respect of which the provision(s) do not apply

[Insert name of the benchmark, or each of the benchmarks, including its international securities identification number (ISIN) or, where no ISIN is available, any other identifier available]

(2)(i) The provision or provisions of Regulation (EU) 2016/1011 that do not apply

(2)(ii) For each provision, the reasons why it is appropriate for the administrator not to comply with that provision

[For each provision, insert the Article number, paragraph and, where applicable, specific point of Regulation (EU) 2016/1011, and the full text of the provision]

[For each provision, insert a specific, detailed and clear explanation of why it is appropriate for the administrator not to comply with the provision.]