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European Market Infrastructure Regulation (EMIR)
Article 13

Article 13 — Mechanism to avoid duplicative or conflicting rules

  1. The Commission shall be assisted by ESMA in monitoring and preparing reports to the European Parliament and to the Council on the international application of principles laid down in Articles 4, 9, 10 and 11, in particular with regard to potential duplicative or conflicting requirements on market participants, and recommend possible action.
  2. The Commission may adopt implementing acts declaring that the legal, supervisory and enforcement arrangements of a third country:
    1. are equivalent to the requirements laid down in this Regulation under Articles 4, 9, 10 and 11;
    2. ensure protection of professional secrecy that is equivalent to that set out in this Regulation; and
    3. are being effectively applied and enforced in an equitable and non-distortive manner so as to ensure effective supervision and enforcement in that third country.

    Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 86(2).

  3. An implementing act on equivalence as referred to in paragraph 2 shall imply that counterparties entering into a transaction subject to this Regulation shall be deemed to have fulfilled the obligations contained in Articles 4, 9, 10 and 11 where at least one of the counterparties is established in that third country.
  4. The Commission shall, in cooperation with ESMA, monitor the effective implementation by third countries, for which an implementing act on equivalence has been adopted, of the requirements equivalent to those laid down in Articles 4, 9, 10 and 11 and regularly report, at least on an annual basis, to the European Parliament and the Council. Where the report reveals an insufficient or inconsistent application of the equivalent requirements by third country authorities, the Commission shall, within 30 calendar days of the presentation of the report, withdraw the recognition as equivalent of the third country legal framework in question. Where an implementing act on equivalence is withdrawn, counterparties shall automatically be subject again to all requirements laid down in this Regulation.