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Article 4 - Degree of discretion of the administrator

Article 4
Degree of discretion of the administrator

The further criteria to be considered by the competent authority under Article 25(3) of Regulation (EU) 2016/1011 in taking into account the degree of discretion of the administrator shall include at least the following:

((a))

in cases where the benchmark methodology allows for expert judgement by the administrator, whether the use of judgement or exercise of discretion is sufficiently transparent;

((b))

in cases where the benchmark is based on estimates, the effectiveness of the internal control measures that the administrator has in place.

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