3.

When taking action under this Article, EBA shall ensure that the action: does not have a detrimental effect on the efficiency of financial markets or on investors that is disproportionate to the benefits of the action; and does not create a risk of regulatory arbitrage. Where a competent authority or competent authorities have taken a measure under Article 42, EBA may take any of the measures referred to in paragraph 1 without issuing the opinion provided for in Article 43.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.