I. – Any regulated market in a Member State of the European Union or in another State party to the Agreement on the European Economic Area that operates without requiring the actual presence of natural persons may offer, in mainland France, Guadeloupe, French Guiana, Martinique, Reunion Island, Mayotte and Saint-Martin, the means to access this market.
II. – When the Autorité des marchés financiers has clear and demonstrable grounds for believing that a regulated market in another Member State of the European Union or another State party to the Agreement on the European Economic Area that offers means of access in mainland France, Guadeloupe, French Guiana, Martinique, La Réunion, Mayotte and Saint-Martin is in breach of its obligations, it shall inform the competent authority of the home State of the regulated market.
If, despite the measures taken by the competent authority of the home state or because of the inadequacy of those measures, the regulated market continues to operate in a manner that is clearly prejudicial to the interests of investors or to the orderly functioning of the markets in France, the Autorité des marchés financiers, after informing the competent authority of the home state, shall take all appropriate measures required to protect investors or to preserve the orderly functioning of the markets. In particular, it may prohibit the regulated market from making its access facilities available to remote members established in mainland France, Guadeloupe, French Guiana, Martinique, Reunion, Mayotte and Saint-Martin. The Autorité des marchés financiers shall notify the regulated market concerned of its decision, stating the reasons therefor.
The Autorité des marchés financiers may refer the matter to the European Securities and Markets Authority pursuant to Article 19 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority.