EU · MiFIR · TITLE VI NON-DISCRIMINATORY CLEARING ACCESS FOR FINANCIAL INSTRUMENTS
Article 38 MiFIRAccess for third-country CCPs and trading venues
Third-country trading venues may request access to EU CCPs, and recognised third-country CCPs to EU venues, under Articles 35 and 36 only where the Commission has found the third country offers equivalent reciprocal access; access to benchmark licences and data under Article 37 likewise requires an equivalence decision on reciprocal fair, reasonable and non-discriminatory access.
Amendments and application dates
| Amending act | Change | Applies from |
|---|---|---|
| Regulation (EU) 2024/791 | Text amended | 28 Mar 2024 |
Level 3: ESMA Q&As, guidelines and opinions
- Q&AAnsweredExplicit reference · 90%
AI summaryA third-country trading venue may request access to an EU CCP under Article 38 MiFIR without an equivalence decision under Article 28(4), except for derivatives subject to the trading obligation traded on a regulated market; access for derivatives traded on MTFs and OTFs falls under EMIR.
- Q&ALegacy Q&A documentESMA rulebook
AI summaryESMA's consolidated legacy Q&A document (ESMA70-872942901-38, final version 13 October 2023) on market structure topics, covering data disaggregation, direct electronic access and algorithmic trading, the tick size regime, multilateral and bilateral systems (including OTFs and systematic internalisers) and access to CCPs and trading venues. It is no longer updated; later Q&As are in ESMA's Q&A tool.
Commentary
No law-firm commentary is linked to this provision yet.
219 more documents relate to MiFIR as a whole without naming an article.
UK counterpart
- Article 38 UK MiFIR · Access for third-country CCPs and trading venues
Revocation enacted by Financial Services and Markets Act 2023; no commencement date yet.
DivergedExplicit referenceEU changes after exit: Regulation (EU) 2024/791 (from 28 Mar 2024). UK revocation enacted (Financial Services and Markets Act 2023), not yet commenced.
Version history
- From 28 Mar 2024
- From 2 Jul 2014 to 28 Mar 2024
Each entry is a consolidated version of the act on EUR-Lex in which this provision appears. The text itself is on the official site.