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Document 02019O0019-20240130
Guideline (EU) 2019/1265 of the European Central Bank of 10 July 2019 on the euro short-term rate (€STR) (ECB/2019/19)
Consolidated text: Guideline (EU) 2019/1265 of the European Central Bank of 10 July 2019 on the euro short-term rate (€STR) (ECB/2019/19)
Guideline (EU) 2019/1265 of the European Central Bank of 10 July 2019 on the euro short-term rate (€STR) (ECB/2019/19)
ELI: http://data.europa.eu/eli/guideline/2019/1265/2024-01-30
02019O0019 — EN — 30.01.2024 — 003.001
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GUIDELINE (EU) 2019/1265 OF THE EUROPEAN CENTRAL BANK of 10 July 2019 on the euro short-term rate (€STR) (ECB/2019/19) (OJ L 199 26.7.2019, p. 8) |
Amended by:
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GUIDELINE (EU) 2020/496 OF THE EUROPEAN CENTRAL BANK of 19 March 2020 |
L 106 |
1 |
6.4.2020 |
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GUIDELINE (EU) 2021/565 OF THE EUROPEAN CENTRAL BANK of 17 March 2021 |
L 119 |
128 |
7.4.2021 |
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GUDELINE (EU) 2024/419 OF THE EUROPEAN CENTRAL BANK of 18 January 2024 |
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1 |
30.1.2024 |
GUIDELINE (EU) 2019/1265 OF THE EUROPEAN CENTRAL BANK
of 10 July 2019
on the euro short-term rate (€STR) (ECB/2019/19)
Article 1
Subject matter
Article 2
Definitions
For the purposes of this Guideline, the following definitions apply:
‘NCB’ means the national central bank of a Member State whose currency is the euro;
‘euro short-term rate’ means the interest rate representing the wholesale euro unsecured overnight borrowing costs of banks located in the euro area;
‘euro short-term rate system’ means the system owned and developed by the ECB for receiving input statistical information, performing validations of the input statistical information, reporting on its quality and calculating the euro short-term rate;
‘local collection platform’ means a system of an NCB with one or more reporting agents resident in its Member State which has not decided to transfer its responsibilities to the ECB under Regulation (EU) No 1333/2014 (ECB/2014/48), or of the ECB, used for collecting input statistical information, performing validations of the input statistical information, reporting on its quality and submitting input statistical information to the euro short-term rate system;
‘input statistical information’ means the unsecured market segment statistical information that is reported by reporting agents to the NCBs or the ECB under Regulation (EU) No 1333/2014 (ECB/2014/48), where 12 months have elapsed since the date of first reporting;
‘quality processing’ means the execution of a range of quality checks and analyses on the input statistical information, which are necessary for the determination of the euro short-term rate and aim to assure the completeness, validity, accuracy, consistency, availability and timeliness of the input statistical information submitted to and received in the euro short-term rate system;
‘eligible transaction’ means a transaction that meets the eligibility criteria defined as part of the euro short-term rate methodology and is selected to be used in the calculation of the euro short-term rate;
‘transaction’ means a transaction which forms part of the input statistical information;
‘TARGET2 business day’ means a TARGET2 business day as defined in Article 1 of Annex I to Decision ECB/2007/7 ( 1 );
‘euro short-term rate determination process’ means the process by which the euro short-term rate is determined and comprises the actions listed in Article 4(1);
‘euro short-term rate methodology’ means the methodology to determine the euro short-term rate defined by the ECB as administrator of the euro short-term rate;
‘user requirements’ means the business, technical, operational and transitional capabilities, restrictions and features to be provided by the IT systems of the respective NCB or of the ECB and which can be grouped under two main categories, i.e. functional requirements (user, legal and regulatory) and non-functional requirements (architecture, security, operational and technical);
‘system architecture’ means a description of the overall system architecture for the euro short-term rate in terms of hardware and software components, their relationships as well as the interfaces with other systems;
‘reporting agent’ means a reporting agent that has been identified as such by the Governing Council and forms part of the actual reporting population pursuant to Article 2 of Regulation (EU) No 1333/2014 (ECB/2014/48);
‘stakeholders’ means reporting agents, users of the euro short-term rate, users of the compounded euro short-term rate average rates and/or users of the compounded euro short-term rate index;
‘at arm's length’ means a transaction between two parties that is not an intragroup transaction and is concluded on terms that are not influenced by a conflict of interest of either party (e.g. conflicts of interest that arise from a relationship such as a transaction between affiliates);
‘Eurosystem Ethics Framework’ means the principles set out in Guideline (EU) 2015/855 (ECB/2015/11);
‘conflict of interest’ means a situation where a member of a body or a staff member of the ECB or an NCB has a personal interest which may influence or appear to influence the impartial and objective performance of their duties;
‘contingency procedure’ means the procedure to be implemented to ensure the euro short-term rate can be published in the event of insufficient input statistical information, which may be caused by factors including market stress or disruption, failure of critical infrastructure, or other relevant factors;
‘staff member’ means a person who has an employment relationship with the ECB or an NCB, with the exception of those that are solely entrusted with tasks not related to the performance of Eurosystem tasks;
‘member of a body’ means a member of a decision-making or other internal body of the ECB or an NCB other than a staff member;
‘ECB Data Portal’ means the ECB’s online data delivery service for statistics;
‘Market Information Dissemination platform’ means a system designed to be open and that is used by the ECB to publish information and data which are structured and suitable for automatic processing;
‘material change’ means a change to the euro short-term rate methodology, to the euro short-term rate determination process, or to the calculation and publication rules of the compounded euro short-term rate average rates and/or the compounded euro short-term rate index (including a decision to cease the publication of either or both of them) which could have an impact on the interests of stakeholders;
‘ESA 2010’ means the European System of Accounts set up by Regulation (EU) No 549/2013 of the European Parliament and of the Council ( 6 );
‘post-production procedures’ means the actions taken after the publication and/or re-publication of the euro short-term rate for the purpose of monitoring the accuracy and completeness of the input statistical information and preparing for the actions to be taken on the next TARGET2 business day. Such actions and procedures do not include the actions comprised in the euro short-term rate determination process;
‘compounded euro short-term rate average rate’ means an average rate calculated using only historical daily values of the euro short-term rate applying the calculation and publication rules published by the ECB;
‘compounded euro short-term rate index’ means a daily index that permits the calculation of a compounded euro short-term rate average rate for any interest period on the basis of the published values for the index corresponding to the start and end dates of the given period.
Article 3
Underlying interest represented by the euro short-term rate
The euro short-term rate shall reflect the wholesale euro unsecured overnight borrowing costs of banks located in the euro area. The euro short-term rate shall be published for each TARGET2 business day based on transactions conducted and settled on the previous TARGET2 business day (reporting date ‘T’) with a maturity date of T + 1 and which are deemed to be executed at arm's length and thereby reflect market rates in an unbiased way.
Article 4
Tasks and responsibilities of the ECB as administrator of the euro short-term rate
The ECB shall be responsible for the euro short-term rate determination process, which shall comprise the following actions:
establishing and maintaining arrangements for submission of input statistical information to and reception of input statistical information in the euro short-term rate system;
quality processing, including data filtering, data enriching and selection of eligible transactions;
calculation of the euro short-term rate.
As administrator of the euro short-term rate, the ECB shall have the following tasks and responsibilities:
the definition of the underlying interest which the euro short-term rate represents and the euro short-term rate methodology;
the implementation of the euro short-term rate determination process, including ensuring the following:
the euro short-term rate determination process functions efficiently and reliably;
any matter within the ECB's control that adversely affects or has the potential to adversely affect the euro short-term rate determination process and its proper functioning is resolved promptly;
publication of the matters, policies and procedures concerning the euro short-term rate and the euro short-term rate determination process where required in accordance with this Guideline;
the euro short-term rate system, the user requirements, the quality processing and the system architecture are appropriate, fit for purpose and duly and properly maintained;
there is no exercise of expert judgment by the ECB or NCBs with respect to the use of input statistical information to determine the euro short-term rate, except in accordance with clear guidelines established in the euro short-term rate methodology or business procedures.
the governance of the euro short-term rate determination process, including of the control framework and the internal oversight function set out in Articles 8 and 9, as well as of the complaints and audit procedures set out in Articles 11 and 12;
the publication and, if necessary in accordance with the euro short-term rate methodology, revision and re-publication of the euro short-term rate.
Notwithstanding the above, the ECB and, in so far as they contribute to the euro short-term rate determination process, the NCBs shall not be responsible for the use of or reliance on the euro short-term rate by a stakeholder or other third party in any financial instrument, contract, trade or any other commercial activity or investment decision.
Article 4a
Tasks and responsibilities of the ECB in relation to the compounded euro short-term rate average rates and the compounded euro short-term rate index
The ECB shall be responsible for the following tasks:
the calculation and publication of the compounded euro short-term rate average rates for the following set of tenors: 1 week, 1 month, 3 months, 6 months and 12 months, as well as the compounded euro short-term rate index;
the publication of the calculation and publication rules of the compounded euro short-term rate average rates and the compounded euro short-term rate index.
The ECB shall publish on its website the compounded euro short-term rate average rates for the set of tenors referred to in the first subparagraph, as well as the compounded euro short-term rate index, to five decimal places for the rates and to eight decimal places for the index no later than 9.15 CET on each TARGET2 business day, starting on 15 April 2021. There shall be no revision of the published values for the compounded euro short-term rate average rates or the compounded euro short-term rate index after that time.
Article 5
Tasks and responsibilities of the ECB, the NCBs operating a local collection platform, and NCBs with one or more reporting agents resident in their respective Member State
The ECB and the NCBs operating a local collection platform shall have the following tasks and responsibilities:
to ensure the input statistical information is submitted to the euro short-term rate system by 7.00 CET on each TARGET2 business day;
to have staff members available for a period starting no later than 6.30 CET until 11.00 CET to address potential issues that could occur with regard to the collection process and the submission of the input statistical information to the euro short-term rate system and to carry out quality processing.
Article 6
The euro short-term rate methodology
In addition to the euro short-term rate methodology, the ECB shall establish and maintain business procedures describing:
the actions to be taken by the ECB and by NCBs to carry out the euro short-term rate determination process, the publication and re-publication of the euro short-term rate, as well as post-production procedures;
the actions to be taken by the ECB for the calculation and publication of the compounded euro short-term rate average rates and the compounded euro short-term index.
Article 7
Outsourcing of tasks and responsibilities
The ECB and NCBs may outsource to a third-party service provider the maintenance and development of IT infrastructure or other services that are ancillary or preparatory to the performance of the tasks and responsibilities set out in Articles 4 or 5, subject to the following conditions:
a permanent and effective oversight framework is established over such third party;
the outsourcing central bank retains legal responsibility and control over the relevant activities pursuant to the outsourcing agreement;
the rules on protection and use of confidential statistical information set out in Article 8 of Regulation (EC) No 2533/98 are complied with;
the Governing Council approves the written contractual arrangements for outsourcing such tasks.
Article 8
Control framework
In addition to the Eurosystem Ethics Framework and the Code of Conduct for high-level European Central Bank Officials ( 8 ), the control framework shall comprise:
business procedures, as referred to in Article 6(3), for ensuring the integrity and quality of the euro short-term rate and the euro short-term rate determination process;
arrangements to ensure that the complaints and audit procedures set out in Articles 11 and 12 are effective for the management of risks to the euro short-term rate and the euro short-term rate determination process.
As regards the integrity and quality of the euro short-term rate and of the euro short-term rate determination process, the ECB shall ensure the business procedures referred to in Article 6(3) include the steps for quality processing as described in the euro short-term rate methodology to determine which transactions are eligible transactions. Quality processing in the euro short-term rate system shall include the following multiple level quality controls on the input statistical information:
performing validation checks to ensure that the files submitted to the euro short-term rate system comply with the required technical standards to identify transactions with missing and/or possible erroneous statistical information;
performing targeted quality checks of the statistical information according to pre-defined algorithms to detect outlying or unusual transactions;
requesting confirmation of the accuracy of transactions from reporting agents in order to determine which transactions are eligible transactions.
Article 9
Internal oversight
The Oversight Committee shall have the following responsibilities:
to periodically review the definition of the underlying interest which the euro short-term rate represents and the euro short-term rate methodology;
to keep itself duly informed of any risks to the euro short-term rate determination process, by activities such as commissioning external reviews;
to oversee any material changes to the euro short-term rate methodology, including assessing whether it continues to appropriately measure the underlying interest as stated in the euro short-term rate methodology;
to review proposed and implemented material changes and proposed policies and procedures on the possible cessation of the euro short-term rate, and request the ECB to consult with stakeholders prior to implementing such material changes or adopting such policies or procedures in accordance with Article 14;
to assess the need for additional safeguards in respect of any conflicts of interest beyond those safeguards required under Article 8(3);
if necessary, to investigate complaints made pursuant to Article 11;
to propose amendments to the control framework to the Executive Board and the Governing Council;
to oversee the integrity of the euro short-term rate determination process and the control framework by activities such as overseeing the administration and operation of the euro short-term rate; considering the results of internal and external audits; following up on the implementation of remedial actions highlighted by audits carried out pursuant to Article 12; and ensuring the euro short-term rate methodology has been followed;
to investigate and report to the Executive Board and the Governing Council on alleged breaches of obligations under the high availability and IT service level requirements and the business procedures referred to in Articles 5(3) and 6(3);
to propose any measure, when deemed necessary, to protect the integrity, robustness and accuracy of the euro short-term rate;
to oversee any material change to the calculation and publication rules for the compounded euro short-term rate average rates and the compounded euro short-term rate index or any proposal to cease the publication thereof.
Article 10
Cessation of the euro short-term rate
The ECB shall adopt clear written policies and procedures on the possible cessation of the euro short-term rate owing to a situation, or any other condition, which makes the euro short-term rate no longer representative of the underlying interest. The policies and procedures shall be published on the ECB's website.
Article 11
Complaints procedure
Article 12
Audits and audit trail
Article 13
Compliance statement
Article 14
Consultation with stakeholders
The ECB shall consult with stakeholders to the extent it is possible or practicable prior to any of the following:
the implementation of a material change to the euro short-term rate;
the adoption of policies or procedures on the possible cessation of the euro short-term rate;
the cessation of the publication of the compounded euro short-term rate average rates and/or compounded euro short-term rate index;
a material change in the calculation and publication rules of the compounded euro short-term rate average rates and/or the compounded euro short-term rate index.
In such a case the ECB shall publish the launch of a consultation procedure and hold it reasonably in advance of the proposed action.
Article 15
Periodic reporting and review
Article 16
Taking effect and implementation
Article 17
Addressees
This Guideline is addressed to all Eurosystem central banks.
( 1 ) Decision ECB/2007/7 of 24 July 2007 concerning the terms and conditions of TARGET2-ECB (OJ L 237, 8.9.2007, p. 71).
( 2 ) Council Regulation (EC) No 2533/98 of 23 November 1998 concerning the collection of statistical information by the European Central Bank (OJ L 318, 27.11.1998, p. 8).
( 3 ) Council Regulation (EC) No 2532/98 of 23 November 1998 concerning the powers of the European Central Bank to impose sanctions (OJ L 318, 27.11.1998, p. 4).
( 4 ) European Central Bank Regulation (EC) No 2157/1999 of 23 September 1999 on the powers of the European Central Bank to impose sanctions (ECB/1999/4) (OJ L 264, 12.10.1999, p. 21).
( 5 ) Decision ECB/2010/10 of 19 August 2010 on non-compliance with statistical reporting requirements (OJ L 226, 28.8.2010, p. 48).
( 6 ) Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union (OJ L 174, 26.6.2013, p. 1).
( 7 ) CET takes into account the change to Central European Summer Time.
( 8 ) Code of Conduct for high-level European Central Bank Officials (C 89, 8.3.2019, p. 2).