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Points that should be carefully considered include among others the setting out clear framework principles for clearing and settlement of securities. A framework directive should make it very clear when regulatory means can be used and when it could be possible to rely on nonregulatory means. This process would be helped by the analysis to be carried out by the Legal Expert Group, which should lead to an action plan on how to tackle the legal barriers by consideration of a range of options.
Other topics include the Introduction of consistent and coherent definitions and the establishment of a risk-based functional approach to the regulation of the different actors.