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Article 9 - Article 19(1)(g) of Directive 85/611/EEC Financial indices

Article 9
Article 19(1)(g) of Directive 85/611/EEC Financial indices

1. The reference in point (g) of Article 19(1) of Directive 85/611/EEC to financial indices shall be understood as a reference to indices which fulfil the following criteria:

((a))

they are sufficiently diversified, in that the following criteria are fulfilled:(i)the index is composed in such a way that price movements or trading activities regarding one component do not unduly influence the performance of the whole index;(ii)where the index is composed of assets referred to in Article 19(1) of Directive 85/611/EEC, its composition is at least diversified in accordance with Article 22a of that Directive;(iii)where the index is composed of assets other than those referred to in Article 19(1) of Directive 85/611/EEC, it is diversified in a way which is equivalent to that provided for in Article 22a of that Directive;

((i))

the index is composed in such a way that price movements or trading activities regarding one component do not unduly influence the performance of the whole index;

((ii))

where the index is composed of assets referred to in Article 19(1) of Directive 85/611/EEC, its composition is at least diversified in accordance with Article 22a of that Directive;

((iii))

where the index is composed of assets other than those referred to in Article 19(1) of Directive 85/611/EEC, it is diversified in a way which is equivalent to that provided for in Article 22a of that Directive;

((b))

they represent an adequate benchmark for the market to which they refer, in that the following criteria are fulfilled:(i)the index measures the performance of a representative group of underlyings in a relevant and appropriate way;(ii)the index is revised or rebalanced periodically to ensure that it continues to reflect the markets to which it refers following criteria which are publicly available;(iii)the underlyings are sufficiently liquid, which allows users to replicate the index, if necessary;

((i))

the index measures the performance of a representative group of underlyings in a relevant and appropriate way;

((ii))

the index is revised or rebalanced periodically to ensure that it continues to reflect the markets to which it refers following criteria which are publicly available;

((iii))

the underlyings are sufficiently liquid, which allows users to replicate the index, if necessary;

((c))

they are published in an appropriate manner, in that the following criteria are fulfilled:(i)their publication process relies on sound procedures to collect prices and to calculate and to subsequently publish the index value, including pricing procedures for components where a market price is not available;(ii)material information on matters such as index calculation, rebalancing methodologies, index changes or any operational difficulties in providing timely or accurate information is provided on a wide and timely basis.

((i))

their publication process relies on sound procedures to collect prices and to calculate and to subsequently publish the index value, including pricing procedures for components where a market price is not available;

((ii))

material information on matters such as index calculation, rebalancing methodologies, index changes or any operational difficulties in providing timely or accurate information is provided on a wide and timely basis.

2. Where the composition of assets which are used as underlyings by financial derivatives in accordance with Article 19(1) of Directive 85/611/EEC does not fulfil the criteria set out in paragraph 1 of this Article, those financial derivatives shall, where they comply with the criteria set out in Article 8(1) of this Directive, be regarded as financial derivatives on a combination of the assets referred to in points (i), (ii) and (iii) of Article 8(1)(a).

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