Q&A · ESMA

Third country trading venue request access to an EU CCP in the absence of an equivalence decision

Answered

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AI-generated Summary

A third-country trading venue may request access to an EU CCP under Article 38 MiFIR without an equivalence decision under Article 28(4), except for derivatives subject to the trading obligation traded on a regulated market; access for derivatives traded on MTFs and OTFs falls under EMIR.

Details

Reference	ESMA_QA_1665
Issuer	ESMA
Published	2 Apr 2019
Answered	2 Apr 2019
Submitted	2 Apr 2019
ESMA topics	Access to CCPs and trading venues
Earlier Q&A document	ESMA 70-872942901-38 MiFID II MiFIR market structures Q&A, Q&A 6.7

Provisions it relates to

Article 28 MiFIR · Obligation to trade on regulated markets, MTFs or OTFs
MiFIR
Explicit reference · 90%
Article 38 MiFIR · Access for third-country CCPs and trading venues
MiFIR
Explicit reference · 90%
MiFID II (whole act)
Explicit reference