Consultation on the possible Framework for the Regulation of the Production and Use of Indices serving as Benchmarks in Financial and other Contracts

Policy Field

Internal Market, Financial Services

Target group

Contributors to, providers of and users of indices and benchmarks

Period

From 05.09.2012 to 29.11.2012 – (closed).

Objective

The integrity of benchmarks is critical to the pricing of many financial instruments, such as interest rate swaps, and commercial and non-commercial contracts, such as loans and mortgages, and risk management.

Any doubts about the integrity and accuracy of indices may undermine market confidence, cause significant losses to investors and distort the real economy. The changes proposed by the Commission to its market abuse and criminal sanctions proposals alone will not improve the way benchmarks are produced and used. Broader work is required to assess if and what regulation may be required to improve the functioning and governance of benchmarks. Issues likely to be addressed include: how benchmarks are calculated; the governance and transparency of benchmarks; the use of benchmarks; public provision of benchmarks; and transition issues.