1. In accordance with Article 9(5) of Regulation (EU) No 1093/2010, EBA may where the conditions in paragraphs 2 and 3 are fulfilled, temporarily prohibit or restrict in the Union:
(a) the marketing, distribution or sale of certain structured deposits or structured deposits with certain specified features; or
(b) a type of financial activity or practice.
A prohibition or restriction may apply in circumstances, or be subject to exceptions, specified by EBA.
2. EBA shall take a decision under paragraph 1 only if all of the following conditions are fulfilled:
(a) the proposed action addresses a significant investor protection concern or a threat to the orderly functioning and integrity of financial markets or to the stability of the whole or part of the financial system in the Union;
(b) regulatory requirements under Union law that are applicable to the relevant structured deposit or activity do not address the threat;
(c) a competent authority or competent authorities have not taken acti
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