Article 42 › 7

The Commission shall adopt delegated acts in accordance with Article 50 specifying criteria and factors to be taken into account by competent authorities in determining when there is a significant investor protection concern or a threat to the orderly functioning and integrity of financial markets or commodity markets or to the stability of the of the financial system within at least one Member State referred to in paragraph 2(a). Those criteria and factors shall include: (a) the degree of complexity of a financial instrument or structured deposit and the relation to the type of client to whom it is marketed, distributed and sold; (b) the degree of innovation of a financial instrument or structured deposit, an activity or a practice; (c) the leverage a financial instrument or structured deposit or practice provides; (d) in relation to the orderly functioning and integrity of financial markets or commodity markets, the size or the notional value of an issuance of financial instruments or structured deposits.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04