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期货和衍生品行业监管动态

通过了相关等效性决定，此前被拒绝认可的 TC-CCPs 可以重新向 ESMA 申请认

可。

在 ESMA 根据 EMIR 作出认可或拒绝认可的决定之前，根据 EMIR 过渡条

款提出申请并且当下已在成员国根据其法律提供清算服务的 TC-CCP，可以继续
在该成员国提供清算服务。

已获认可的 TC-CCPs 详细名单以及申请认可的 TC-CCPs 名单已在 ESMA 官

网公布。

15. ESMA Updates on Third-country CCPs’ Applications for Recognition

(2022/7/8)

The European Securities and Markets Authority (ESMA), the EU’s securities

markets regulator, has announced an update on the way forward for third-country

CCPs (TC-CCPs) whose applications for recognition, under the European Market
Infrastructure Regulation (EMIR), were suspended until 28 June 2022.

Pending Recognition Decisions

As regards TC-CCPs which are established in jurisdictions for which the EC has

recently adopted equivalence decisions, i.e. Chile, China, Indonesia, Israel and

Malaysia, ESMA has started processing their applications for recognition under

Article 25 of EMIR and will adopt decisions granting recognition once the relevant

recognition conditions are met.

The recognition procedure in EMIR includes the signing of an MoU with the

relevant third-country Competent Authorities and the consultation of the relevant EU

National Competent Authorities and EU authorities. ESMA will do its utmost to

expedite the process.

Refusal of Recognition

For TC-CCPs which are established in jurisdictions for which the EC did not

adopt equivalence decisions by 28 June 2022, i.e. Argentina, Colombia, Russia,

Taiwan, Thailand and Turkey, ESMA will start the process for refusing recognition

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