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ARTICLE · 08 NOVEMBER 2019

The Position On Equivalence Post Brexit

On October 22, the House of Commons European Scrutiny Committee (the Committee) published its first report of session 2019/20 (the Report).

European UnionFinance and Banking

Context and Background

On October 22, the House of Commons European Scrutiny Committee (the Committee) published its first report of session 2019/20 (the Report). In section 10, this includes consideration of the UK’s access to the EU financial services markets after Brexit and, more specifically, the European Commission’s recent review of the EU law on equivalence.

The notion of equivalence, and its importance in this context, was explained by the European Commission in a Press Release dated July 29 where it stated that:

“EU equivalence has become a significant tool in recent years, fostering integration of global financial markets and cooperation with third-country authorities. The EU assesses the overall policy context and to what extent the regulatory regimes of a given third country achieves the same outcomes as its own rules. A positive equivalence decision, which is a unilateral measure by the Commission, allows EU authorities to rely on

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