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New version applies from 10/12/2019 — introduced by Regulation (EU) 2019/2089. 61 provisions change. Later versions: 13/02/2021, 01/01/2022, 09/01/2024, 17/01/2025, 01/01/2026. Article 8 changes in this version: compare with the current text.

Article 8 - Record-keeping requirements

Article 8
Record-keeping requirements

1. An administrator shall keep records of:

((a))

all input data, including the use of such data;

((b))

the methodology used for the determination of a benchmark;

((c))

any exercise of judgement or discretion by the administrator and, where applicable, by assessors, in the determination of a benchmark, including the reasoning for said judgement or discretion;

((d))

the disregard of any input data, in particular where it conformed to the requirements of the benchmark methodology, and the rationale for such disregard;

((e))

other changes in or deviations from standard procedures and methodologies, including those made during periods of market stress or disruption;

((f))

the identities of the submitters and of the natural persons employed by the administrator for the determination of a benchmark;

((g))

all documents relating to any complaint, including those submitted by a complainant; and

((h))

telephone conversations or electronic communications between any person employed by the administrator and contributors or submitters in respect of a benchmark.

2. An administrator shall keep the records set out in paragraph 1 for at least five years in such a form that it is possible to replicate and fully understand the determination of a benchmark and enable an audit or evaluation of input data, calculations, judgements and discretion. Records of telephone conversation or electronic communications recorded in accordance with point (h) of paragraph 1 shall be provided to the persons involved in the conversation or communication upon request and shall be kept for a period of three years.

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