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Regulation (EU) No 600/2014 of the European Parliament and of the CouncilShow full title
Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (Text with EEA relevance)
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- Revised 01/07/20160.52 MB
- Revised 02/07/20140.55 MB
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Changes over time for: Article 38
Changes to legislation:
Regulation (EU) No 600/2014 of the European Parliament and of the Council, Article 38 is up to date with all changes known to be in force on or before 15 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to Article 38:
- Art. 38(2) omitted by S.I. 2018/1403 reg. 31(4)(b) (This amendment not applied to legislation.gov.uk. Reg. 31(4)(b) substituted immediately before IP completion day by virtue of S.I. 2020/628, regs. 1(2), 7(3)(b))
- Art. 38(3) word substituted by S.I. 2018/1403 reg. 31(4)(c)(ii) (This amendment not applied to legislation.gov.uk. Reg. 31(4)(c) substituted immediately before IP completion day by virtue of S.I. 2020/628, regs. 1(2), 7(3)(c))
- Art. 38(3) words substituted by S.I. 2018/1403 reg. 31(4)(c)(i) (This amendment not applied to legislation.gov.uk. Reg. 31(4)(c) substituted immediately before IP completion day by virtue of S.I. 2020/628, regs. 1(2), 7(3)(c))
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Title IVa addition by EUR 2019/2175 Regulation (This amendment by the EU not applied to legislation.gov.uk because it is brought into force after IP completion day.)
- Title VIa addition by EUR 2019/2175 Regulation (This amendment by the EU not applied to legislation.gov.uk because it is brought into force after IP completion day.)
- Sch. 3 para. 31 revoked by 2023 c. 29 Sch. 2 para. 50(c)(ii)
- Sch. 3 para. 32 revoked by 2023 c. 29 Sch. 2 para. 50(c)(ii)
- Art. 2.1(12)(12A) substituted by 2023 c. 29 Sch. 2 para. 8
- Art. 2.1(17) words omitted by 2023 c. 29 Sch. 2 para. 19(a)
- Art. 3(4)(5) inserted by 2023 c. 29 Sch. 2 para. 2
- Art. 18-18b substituted for Art. 18 by 2023 c. 29 Sch. 2 para. 10
- Art. 28a inserted by 2023 c. 29 Sch. 2 para. 17
- Art. 46(2A) inserted by S.I. 2018/1403, reg. 33(1)(ba) (as inserted) by S.I. 2019/710 reg. 16(15)(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 16(15)(a) omitted (30.9.2020) by virtue of S.I. 2020/1055, regs. 1(2), 13)
- Art. 46(2A) omitted by 2021 c. 22 Sch. 10 para. 5(4)
- Art. 50C(2) words inserted by 2023 c. 29 Sch. 2 para. 26(2)
- Art. 50C(3) words inserted by 2023 c. 29 Sch. 2 para. 26(3)
- Art. 50C(4) words inserted by 2023 c. 29 Sch. 2 para. 26(4)
- Art. 50D(1) words substituted by 2023 c. 29 Sch. 2 para. 27(2)(a)
- Art. 50D(1) words substituted by 2023 c. 29 Sch. 2 para. 27(2)(b)
- Art. 50D(2A) inserted by 2023 c. 29 Sch. 2 para. 27(4)
- Art. 50D(3) words substituted by 2023 c. 29 Sch. 2 para. 27(5)
- Art. 54a addition by EUR 2019/2175 Regulation (This amendment by the EU not applied to legislation.gov.uk because it is brought into force after IP completion day.)
- Art. 54b addition by EUR 2019/2175 Regulation (This amendment by the EU not applied to legislation.gov.uk because it is brought into force after IP completion day.)
Article 38U.K.Access for third-country CCPs and trading venues
1.A trading venue established in a third country may request access to a CCP established in the [F1United Kingdom] only if [F2the Treasury has made regulations] in accordance with Article 28(4) relating to that third country. A CCP established in a third country may request access to a trading venue in the [F1United Kingdom] subject to that CCP being recognised under Article 25 of Regulation (EU) No 648/2012 CCPs and trading venues established in third countries shall only be permitted to make use of the access rights in Articles 35 to 36 provided that [F2the Treasury has made regulations] in accordance with paragraph 3 that the legal and supervisory framework of the third country is considered to provide for an effective equivalent system for permitting CCPs and trading venues authorised under foreign regimes access to CCPs and trading venues established in that third country.
2.CCPs and trading venues established in third countries may only request a licence and the access rights in accordance with Article 37 provided that [F3the Treasury has made regulations under paragraph 3 of this Article determining] that the legal and supervisory framework of that third country is considered to provide for an effective equivalent system under which CCPs and trading venues authorised in foreign jurisdictions are permitted access on a fair reasonable and non-discriminatory basis to:
(a)relevant price and data feeds and information of composition, methodology and pricing of benchmarks for the purposes of clearing and trading; and
(b)licences,
from persons with proprietary rights to benchmarks established in that third country.
3.[F4 The Treasury may by regulations determine] that the legal and supervisory framework of a third country ensures that a trading venue and CCP authorised in that third country complies with legally binding requirements which are equivalent to the requirements referred to in paragraph 2 of this Article and which are subject to effective supervision and enforcement in that third country.
The legal and supervisory framework of a third country is considered equivalent where that framework fulfils all the following conditions:
(a)trading venues in that third country are subject to authorisation and to effective supervision and enforcement on an ongoing basis;
(b)it provides for an effective equivalent system for permitting CCPs and trading venues authorised under foreign regimes access to CCPs and trading venues established in that third country;
(c)the legal and supervisory framework of that third country provides for an effective equivalent system under which CCPs and trading venues authorised in foreign jurisdictions are permitted access on a fair reasonable and non discriminatory basis to:
(i)
relevant price and data feeds and information of composition, methodology and pricing of benchmarks for the purposes of clearing and trading; and
(ii)
licences,
from persons with proprietary rights to benchmarks established in that third country.
Textual Amendments
F1Words in Art. 38(1) substituted (31.12.2020) by The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1403), regs. 1(3), 31(4)(a)(i) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 38(1) substituted (31.12.2020) by The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1403), regs. 1(3), 31(4)(a)(ii) (with savings in S.I. 2019/680, reg. 11); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 38(2) substituted (31.12.2020) by The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1403), regs. 1(3), 31(4)(b) (with savings in S.I. 2019/680, reg. 11) (as substituted by S.I. 2020/628, regs. 1(3), 7(3)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 38(3) substituted (31.12.2020) by The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1403), regs. 1(3), 31(4)(c) (with savings in S.I. 2019/680, reg. 11) (as substituted by S.I. 2020/628, regs. 1(3), 7(3)(c)); 2020 c. 1, Sch. 5 para. 1(1)
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