If a financial market infrastructure does not satisfy the special requirements specified in this chapter, the National Bank shall issue a recommendation to the operator.
The National Bank shall issue an order if the operator fails to comply with a corresponding recommendation as specified in paragraph 1.
Before issuing the recommendation specified in paragraph 1 or the order specified in paragraph 2, the National Bank shall provide the operator with the opportunity to express an opinion. If the financial market infrastructure is subject to authorisation and supervision by FINMA pursuant to Article 4 FinMIA1, the National Bank shall first consult FINMA.