ESMA Recognition of 3 UK-Based CCPs

Published on: Mar 20, 2025

On Mar. 17, ESMA extended tiering and recognition of UK-based CCPs.

  • ESMA decided to temporarily extend application of recognition decisions under EU Market Infrastructure Regulation (EMIR) for 3 central counterparties established in UK.
  • Follows EC Jan. 2025 informed of publication of Decision 2025/215, see #128693.
  • Decision
  • On Jan. 30, 2025, EC adopted a new equivalence decision in respect of the regulatory framework applicable to central counterparties (CCPs) in the United Kingdom.
  • ESMA has prolonged tiering determination and recognition decisions for 3 recognized UK CCPs (ICE CEU, LCH LTD (as Tier 2), UK LME Clear (as Tier 1)) that were adopted by ESMA on Sep. 25, 2020, to align with expiry of new equivalence decision.
  • Application of tiering determination/recognition decisions extended to Jun. 30, 2028.
  • MoU with UK BoE
  • ESMA also announced it signed a revised memorandum of understanding (MoU) with UK BoE concerning the 3 UK-based CCPs recognized by ESMA under EMIR.
  • According to EMIR, one of the conditions for recognition of a 3rd country CCP by ESMA is establishment of cooperation arrangements between ESMA and relevant authority.
  • Revised MoU follows amendments introduced by EMIR 3 on the requirements for the content of cooperation arrangements, in particular re systemically important CCPs.
  • Revised MoU replaces earlier version concluded by ESMA and UK BoE in 2020.
  • UK BoE Statement
  • Also on Mar. 17, 2025, UK BoE issued a statement welcoming ESMA's decision to extend the existing EU recognition of the three UK-based central counterparties.
  • Said decision enables continued access to the clearing services of UK CCPs by EU participants, and supports sound and stable functioning of markets in UK and EU.
  • Concerning the revised MoU, UK BoE Governor said he looks forward to continuation of longstanding relationship with ESMA, and continued cooperation under updated MoU.
Regulators
EU ESMA; ICE CEU; LCH LTD; UK BoE; UK LME Clear
Entity Types
Bank; Depo; Exch; IA; Inv Co; OTC; SIFI
Reference
MoU ESMA91-2145765636-11152, PR ESMA91-2145765636-11164, PR, 3/17/2025; Brexit
Functions
Compliance; Financial; Registration/Licensing; Reporting; Risk; Settlement; Trade Reporting; Trading; Treasury
Countries
European Union; United Kingdom; Cross-Border
Category
Central Bank; Clearing/Depository; National Regulator
State
N/A
Products
Banking; Clearing; Derivatives; Fund Mgt; Hedge Funds; Mutual Funds; Securities
Rule Type
Guidance
Regions
EMEA
Rule Date
Mar 17, 2025
Effective Date
Mar 17, 2025
Rule ID
247381
Linked to
Reg. Last Update
Mar 17, 2025
Report Section
EU