There has been published in the Official Journal of the EU (OJ) the European Commission Implementing Decision of 5 December 2017 concerning the equivalence of the legal and supervisory framework applicable to designated contract markets and swap execution facilities in the United States in accordance with Article 28(4) of MiFIR. The Annex to the Implementing Decision lists the US designated contract markets and swap execution facilities that the Commission considers are equivalent to trading venues as defined in MiFID II. The Implementing Decision enters into force the day following its publication in the OJ.

The Commission and the Commodities Future Trading Commission (CFTC) have also co-published a statement regarding the Implementing Decision. The statement mentions that CFTC staff have recommended to the Commission that the CFTC issue an order of exemption from the CFTC’s swap execution facilities’ registration requirement, with respect to multilateral trading facilities and organised trading facilities authorised in the EU.

View Commission Implementing Decision (EU) 2017/2238 of 5 December 2017 on the equivalence of the legal and supervisory framework applicable to designated contract markets and swap execution facilities in the United States of America in accordance with Regulation (EU) No 600/2014 of the European Parliament and of the Council, 5 December 2017

View EU and CFTC: Mutual Recognition of Derivatives Trading Venues, 5 December 2017