1. For the purposes of applying paragraph 2 of point 1 and point 2(a) of Article 1 of Directive 2003/6/EC, Member States shall ensure that the following non exhaustive factors are taken into account by competent authorities, without prejudice to collaboration with other authorities, when assessing whether they can accept a particular market practice:
(a) the level of transparency of the relevant market practice to the whole market;
(b) the need to safeguard the operation of market forces and the proper interplay of the forces of supply and demand.;
(c) the degree to which the relevant market practice has an impact on market liquidity and efficiency;
(d) the degree to which the relevant practice takes into account the trading mechanism of the relevant market and enables market participants to react properly and in a timely manner to the new market situation created by that practice;
(e) the risk inherent in the relevant practice for the integrity of, directly or indirectly, related