Article 26 Non-significant benchmarks

An administrator may choose not to apply Articles 4(2), points (c), (d) and (e) of Article 4(7), Articles 4(8), 5(2), 5(3), 5(4), 6(1), 6(3), 6(5), 7(2), point (b) of Article 11(1), points (b) and (c) of Article 11(2), and Articles 11(3), 13(2), 14(2), 15(2), 16(2) and (3) with respect to its non-significant benchmarks.

An administrator shall immediately notify F1the FCA when the administrator's non-significant benchmark exceeds the threshold mentioned in point (a) of Article 24(1). In that case, it shall comply with the requirements applicable to significant benchmarks within three months.

Where an administrator of a non-significant benchmark chooses not to apply one or more of the provisions referred to in paragraph 1, it shall publish and maintain a compliance statement which shall clearly state why it is appropriate for that administrator not to comply with those provisions. The administrator shall provide the compliance statement to F2the FCA.

The F3FCA shall review the compliance statement referred to in paragraph 3 of this Article. The F4FCA may also request additional information from the administrator in respect of its non-significant benchmarks in accordance with F5any United Kingdom legislation which was relied on by the United Kingdom before IP completion day to implement Article 41 of the EU Benchmarks Regulation and may require changes to ensure compliance with this Regulation.

F6The FCA may make technical standards to develop a template for the compliance statement referred to in paragraph 3.

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