The European Securities and Markets Authority ("ESMA") adopted decisions to recognize ICE Clear Europe Limited, LCH Limited and LME Clear Limited as third-country central counterparties ("TC-CCPs") beginning on January 1, 2021. The decision will enable the three central counterparties ("CCPs") to provide their services in the European Union after the Brexit transition period ends on December 31, 2020.

Based on its tiering and recognition assessments, ESMA adopted LME Clear Limited as a Tier 1 CCP, and ICE Clear Limited and LCH Limited as Tier 2 CCPs. In accordance with the European Commission's equivalence decision, ESMA's recognition of the three UK CCPs as TC-CCPs under EMIR will remain in effect through June 30, 2022.

Commentary

While this recognition does not directly involve the United States, it is clearly a positive for financial markets globally that the European Union and the UK are making nice. It is likewise consistent with the recent news that the U.S. and the European Union are also cooperating.

Primary Sources

  1. ESMA Statement: ESMA to Recognise Three UK CCPS from 1 January 2021

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