Article 23 Access and participation criteria

1.   A SIPS operator shall establish and publicly disclose non-discriminatory access and participation criteria to the SIPS’s services for direct and, where relevant, indirect participants and for other FMIs. It shall review the criteria at least annually.

2.   The access and participation criteria referred to in paragraph 1 shall be justified in terms of the safety and efficiency of the SIPS and the markets it serves, and be tailored to and commensurate with the SIPS’s specific risks. In compliance with the principle of proportionality, a SIPS operator shall set requirements that restrict access to the minimum possible extent. If a SIPS operator denies access to an applying entity, it shall give reasons in writing, based on a comprehensive risk analysis.

3.   A SIPS operator shall monitor participants’ compliance with the SIPS’s access and participation criteria on an ongoing basis. A SIPS operator shall establish non-discriminatory procedures to facilitate the suspension and orderly termination of a participant’s right of participation where the participant fails to comply with the criteria and shall publicly disclose relevant key aspects of such procedures. It shall review the procedures at least annually.