(10)Mandatory buy-ins could have negative effects, both in normal and stressed market conditions. Therefore, mandatory buy-ins should be a measure of last resort and should apply only where the following two conditions are met at the same time: first, the application of other measures, such as cash penalties or the suspension, by CSDs, CCPs or trading venues, of participants that cause settlement fails consistently and systematically, has not resulted in a long-term sustainable reduction of settlement fails in the Union or in maintaining a reduced level of settlement fails in the Union; and, second, the level of settlement fails has or is likely to have a negative effect on the financial stability of the Union.