ESMA_QA_1665
Status: ✅ Answer Published
Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/1665
Regulatory Context
Regulation : MIF2
Level 1 Regulation: Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets
Level 2 Regulation: No information available
Level 3 Regulation: No information available
Topic: Access to CCPs and trading venues
Subject Matter: Third country trading venue request access to an EU CCP in the absence of an equivalence decision
Question
Submission Date: 02 April 2019
Can a third country trading venue request access to an EU CCP under Article 38 of MiFIR in the absence of an equivalence decision under Article 28(4) of MiFIR?
ESMA Answer
Answer Date: 02-04-2019
[ESMA 70-872942901-38 MiFID II MiFIR market structures Q&A, Q&A 6.7] Article 38 of MiFIR governs third-country access requests relating to transferable securities, money market instruments and exchange-traded derivatives. ESMA considers that an equivalence decision under Article 28(4) of MiFIR is only necessary if the third-country trading venue wishes to enter into an access arrangement with an EU CCP covering derivatives subject to the trading obligation to the extent that they are traded on a regulated market. In the absence of an equivalence decision under Article 28(4) of MiFIR, third-country trading venues can enter into access arrangements (and maintain existing access arrangements) with EU CCPs for transferable securities, money market instruments and derivatives, to the extent that they are not subject to the trading obligation. ESMA recalls that access requests covering derivatives traded on OTFs and MTFs are subject to the EMIR access provisions.
This document was automatically extracted from the ESMA EMIR Q&A database.