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ARTICLE · 18 JUNE 2020

EC Proposes Amendments To EMIR On Third-Country CCPs

Hogan Lovells Cadwalader
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On the one hand, commenters to the EC had expressed concern as to permitting any laxity in the regulation of foreign entities deemed systemically significant.

GlobalCorporate/Commercial Law

The European Commission ("EC") published three draft delegated acts (see here, here and here) concerning supervision of third-country central counterparties ("TC-CCPs") by the European Securities and Markets Authority ("ESMA").

Specifically, the draft delegated acts would amend EMIR to address (i) "the minimum elements to be assessed by ESMA when assessing third-country CCPs' requests for comparable compliance," (ii) "the criteria that ESMA should take into account to determine whether a central counterparty established in a third-country is systemically important or likely to become systemically important," and (iii) "fees charged by ESMA to central counterparties established in third countries."

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