On 22 March 2022, ESMA completed the tiering and review of the recognition decisions of 25 TC-CCPs recognised by ESMA prior to September 2020, under Article 89(3c) of EMIR and in accordance with Article 25 of EMIR.
      
    
    
      The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, has announced
 a series of updates in relation to the recognition of central 
counterparties established in third countries (TC-CCPs) under EMIR  
(Regulation (EU) 648/2012).
 
  
  
                The updates include the review of recognitions of 
TC-CCPs that were already previously recognised, the conclusion of 
revised Memoranda of Understanding (MoUs) with relevant third country 
authorities, as well as the first-time recognition of the National 
Securities Clearing Corporation (NSCC).
On 22 March 2022, ESMA  completed the tiering and review of the 
recognition decisions of 25 TC-CCPs recognised by ESMA  prior to 
September 2020, under Article 89(3c) of EMIR  and in accordance with 
Article 25 of EMIR. For a number of TC-CCPs, ESMA  is still waiting for 
some additional clarifications, including from the European Commission 
(EC) regarding relevant equivalence decisions, in order to finalize the 
review of recognition process.
ESMA  also recognised for the first time NSCC, which is authorised and
 supervised by the US Securities and Exchange Commission (SEC), as a 
Tier 1 CCP under Article 25 of EMIR  following the adoption by the EC of a
 Commission Implementing Decision (EU) 2021/85 on the equivalence to the
 requirements of EMIR  of the United States regulatory framework for 
central counterparties that are authorised and supervised by the SEC  in 
January 2021.
As pre-requisite to the recognition process, ESMA  has to conclude 
modified or new MoUs with the relevant third country authorities to 
reflect key amendments to EMIR  introduced by Regulation (EU) No 
2019/2099 .
The 16 signed MoUs enhance the supervisory cooperation arrangements 
between ESMA  and the relevant third country authorities, whose legal and
 supervisory framework for CCPs have been deemed equivalent to EMIR  by 
the European Commission. All MoUs between ESMA  and third country 
authorities are published on the ESMA  website.
The detailed list of recognised TC-CCPs is published on the ESMA  website (third-country_CCPs_recognised_under_emir.pdf (europa.eu)).
ESMA
      
      
      
      
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