Regulations, 2026

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,572, 16 ta’ Jannar, 2026

L.N. 6 of 2026

MALTA FINANCIAL SERVICES AUTHORITY ACT

(CAP. 330)

Malta Financial Services Authority Act (Indices used as

benchmarks in financial instruments and financial contracts or to

measure the performance of investment funds) (Amendment)

Regulations, 2026

IN EXERCISE of the powers conferred by article 20E of the

Malta Financial Services Authority Act, the Minister responsible for

the regulation of financial services, acting on the advice of the Malta

Financial Services Authority, has made the following regulations:-

(1) The title of these regulations is the Malta Financial Citation and

Services Authority Act (Indices used as benchmarks in financial scope.

instruments and financial contracts or to measure the performance of

investment funds) (Amendment) Regulations, 2026 and these

regulations shall be read and construed as one with the Malta Financial S.L. 330.10.

Services Authority Act (Indices used as benchmarks in financial

instruments and financial contracts or to measure the performance of

investment funds) Regulations, hereinafter referred to as the "principal

regulations".

(2) The scope of these regulations is to implement Article

1(2)(a), (23) and (24) of Regulation (EU) 2025/914 of the European

Parliament and of the Council of 7 May 2025 amending Regulation

(EU) 2016/1011 as regards the scope of the rules for benchmarks, the

use in the Union of benchmarks provided by an administrator located

in a third country, and certain reporting requirements.

Paragraph (m) of the definition "supervised entity" in sub- Amends

regulation (1) of regulation 2 of the principal regulations shall be regulation

the principal

substituted by the following new paragraph

regulations.

"(m) an administrator authorised or registered

in

accordance with Article 34 of the Benchmarks Regulation.".

In paragraph (j) of regulation 5 of the principal regulations Amends

the word "benchmark." shall be substituted by the word "benchmark;" regulation

the principal

and immediately thereafter there shall be added the following new regulations.

"(k) designate a benchmark as significant in

accordance with Article 24(3) of the Benchmarks

Regulation;

(l) in the case of reasonable grounds to suspect a

breach of any of the requirements established in Chapter

3A of Title III of the Benchmarks Regulation, require an

administrator to cease, for a maximum period of twelve

(12) months, to

(i) provide

EU

Climate

Transition

Benchmarks or EU Paris-aligned Benchmarks;

(ii) use the terms "EU Climate Transition

Benchmarks" or "EU Paris-aligned Benchmarks" in

the names of benchmarks it makes available for use

in the EU, or in the legal or marketing

documentation for those benchmarks;

(iii) suggest

compliance

with

the

requirements applicable to the provision of such

benchmarks in the name of the benchmarks it makes

available for use in the EU, or in the legal or

marketing documentation for those benchmarks.".

Regulation 6 of the principal regulations shall be amended

(a) the words "24, 25," thereof shall be substituted by the

words "24, 24a, 25,";

(b) in sub-paragraph (i) of paragraph (g) thereof the

words "24, 25," shall be substituted by the words "24, 24a, 25,";

(c) in sub-paragraph (i) of paragraph (h) thereof the

words "24, 25," shall be substituted by the words "24, 24a, 25,".

€0.09