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# Article 1 — Procedure for submitting a request for comparable compliance

**Commission Delegated Regulation (EU) 2020/1304 · binding · OJ L 305, 21.9.2020 · dated 14 Jul 2020 [in force]**

*In force · Commission Delegated Regulation (EU) 2020/1304, OJ L 305, 21.9.2020 · Checked against EUR-Lex on 26 Oct 2026 · [Official source](https://eur-lex.europa.eu/eli/reg_del/2020/1304/oj/eng)*

1. <a id="art-1-p-1"></a>The reasoned request referred to in [Article 25a(1)](../../articles/25a.md) of Regulation (EU) No 648/2012 shall be submitted either within the deadline set by ESMA in the notification informing the third-country CCP that it is not considered to be a Tier 1 CCP or at any moment after a third-country CCP has been recognised by ESMA as a Tier 2 CCP in accordance with Article 25(2b).

    The Tier 2 CCP shall inform its competent authority of the submission referred to in the first subparagraph.

2. <a id="art-1-p-2"></a>The reasoned request referred to in paragraph 1 shall specify:

    <a id="art-1-p-2-a"></a>**(a)** the requirements for which the Tier 2 CCP requests comparable compliance;

    <a id="art-1-p-2-b"></a>**(b)** the reasons why the Tier 2 CCP’s compliance with the applicable third-country framework satisfies compliance with the relevant requirements set out in [Article 16](../../articles/16.md) and Titles IV and V of Regulation (EU) No 648/2012;

    <a id="art-1-p-2-c"></a>**(c)** the way in which the Tier 2 CCP complies with any conditions set out for the application of the implementing act referred to in [Article 25(6)](../../articles/25.md) of Regulation (EU) No 648/2012.

    For the purposes of point (b), the Tier 2 CCP shall provide, where relevant, the evidence referred to in Article 5.

3. <a id="art-1-p-3"></a>The Tier 2 CCP shall, at ESMA’s request, include in the reasoned request referred to in paragraph 1:

    <a id="art-1-p-3-a"></a>**(a)** a statement from its competent authority confirming that the Tier 2 CCP is of good repute and standing;

    <a id="art-1-p-3-b"></a>**(b)** where necessary, with regard to the requirements set out in [Article 16](../../articles/16.md) and Title V of Regulation (EU) No 648/2012, a translation of the relevant applicable third-country framework into a language commonly used in finance.

4. <a id="art-1-p-4"></a>ESMA shall assess, within 30 working days of receipt of a reasoned request submitted in accordance with paragraph 1, whether that reasoned request is complete. ESMA shall set a deadline by which the Tier 2 CCP has to provide additional information where the request is incomplete.

5. <a id="art-1-p-5"></a>ESMA shall decide whether to grant comparable compliance for the requirements included in the reasoned request within 90 working days from the receipt of a complete reasoned request submitted in accordance with paragraph 4 of this Article.

    ESMA may postpone that decision where the reasoned request or the additional information referred to in paragraph 4 are not submitted in time and the assessment of that request could, as a result, delay ESMA’s decision on the recognition of the third-country CCP or the review of its recognition.

6. <a id="art-1-p-6"></a>A Tier 2 CCP for which ESMA has not granted comparable compliance for one or more requirements may not submit a new reasoned request as referred to in paragraph 1 regarding those requirements, unless there has been a relevant change to the applicable third-country framework or to the way in which that CCP complies with that framework.
