Article 3 Differentiation and non-discrimination

  1. (1)

    Where a person with proprietary rights to a benchmark sets, in accordance with Article 37(1) of Regulation (EU) No 600/2014, different conditions, including fees and their payment conditions, those conditions shall apply in a manner specific to each category of licensees.

  2. (2)

    A person with proprietary rights to a benchmark shall set the same rights and obligations for the licensees within the same category.

  3. (3)

    A person with proprietary rights to a benchmark shall make the criteria defining the different categories of licensees publicly available.

  4. (4)

    A person with proprietary rights to a benchmark shall, on request, provide to any CCP or trading venue for free the conditions applying to the category to which that CCP or trading venue belongs.

  5. (5)

    A person with proprietary rights to a benchmark shall make available to all licensees within the same category any additions to or modifications of the conditions for licensing agreements agreed with a licensee within that category under the same conditions.