Without prejudice to Titles III, IV or V of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories, and Article 53 of Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories, the Autorité des marchés financiers may prohibit access to a clearing house or a financial instrument settlement and delivery system of any Member State only if such prohibition is necessary to preserve the orderly functioning of the multilateral trading facility and taking into account the conditions imposed on financial instrument settlement and delivery systems in 1° and 2° of Article L. 421-12.
In its assessment, the AMF shall take into account the oversight exercised over clearing houses or central depositories established in a Member State of the European Union, in a State party to the Agreement on the European Economic Area or in a third country by central banks in their capacity as overseers of financial instrument clearing and settlement systems or by other competent authorities in respect of such systems.