Article 3 Exceptional circumstances
The obligation for investment firms to provide liquidity on a regular and predictable basis laid down in Article 17(3)(a) of Directive 2014/65/EU shall not apply in any of the following exceptional circumstances:
(a) a situation of extreme volatility triggering volatility mechanisms for the majority of financial instruments or underlyings of financial instruments traded on a trading segment within the trading venue in relation to which the obligation to sign a market making agreement applies;
(b) war, industrial action, civil unrest or cyber sabotage;
(c) disorderly trading conditions where the maintenance of fair, orderly and transparent execution of trades is compromised, and evidence of any of the following is provided:
(i) the performance of the trading venue's system being significantly affected by delays and interruptions;
(ii) multiple erroneous orders or transactions;
(iii) the capacity of a trading venue to provide services becoming insufficient;
(d) where the investment firm's ability to maintain prudent risk management practices is prevented by any of the following:
(i) technological issues, including problems with a data feed or other system that is essential to carry out a market making strategy;
(ii) risk management issues in relation to regulatory capital, margining and access to clearing,