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Document 32023O2415
Guideline (EU) 2023/2415 of the European Central Bank of 7 September 2023 amending Guideline (EU) 2022/912 on a new-generation Trans-European Automated Real-time Gross Settlement Express Transfer system (TARGET) (ECB/2022/8) (ECB/2023/22)
Guideline (EU) 2023/2415 of the European Central Bank of 7 September 2023 amending Guideline (EU) 2022/912 on a new-generation Trans-European Automated Real-time Gross Settlement Express Transfer system (TARGET) (ECB/2022/8) (ECB/2023/22)
Guideline (EU) 2023/2415 of the European Central Bank of 7 September 2023 amending Guideline (EU) 2022/912 on a new-generation Trans-European Automated Real-time Gross Settlement Express Transfer system (TARGET) (ECB/2022/8) (ECB/2023/22)
ECB/2023/22
OJ L, 2023/2415, 27.10.2023, ELI: http://data.europa.eu/eli/guideline/2023/2415/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
Official Journal |
EN Series L |
2023/2415 |
27.10.2023 |
GUIDELINE (EU) 2023/2415 OF THE EUROPEAN CENTRAL BANK
of 7 September 2023
amending Guideline (EU) 2022/912 on a new-generation Trans-European Automated Real-time Gross Settlement Express Transfer system (TARGET) (ECB/2022/8) (ECB/2023/22)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union, and in particular the first and fourth indents of Article 127(2) thereof,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 3.1 and Articles 17, 18 and 22 thereof,
Whereas:
(1) |
On 20 March 2023 the new-generation Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET) started operations pursuant to the provisions of Guideline (EU) 2022/912 of the European Central Bank (ECB/2022/8) (1), by which it is governed. |
(2) |
It should be clarified that participants and third parties should not be permitted by Eurosystem central banks to use the trademarks relating to TARGET services, unless the Level 2 technical and operational management body of TARGET permits such use. |
(3) |
Pursuant to Guideline (EU) 2022/912 (ECB/2022/8), Eurosystem central banks (Eurosystem CBs) are required, subject to limited exceptions, to ensure that from 20 November 2023 no accounts other than TARGET accounts are opened for participants eligible to participate in TARGET for the purpose of providing services falling within the scope of that Guideline. To align with the Eurosystem Collateral Management System (ECMS), the date from which this requirement applies should be postponed until the date on which the ECMS becomes operational, as communicated on the ECB’s website. Further, the limited exceptions should be extended to include an additional exception for an institution that falls within the scope of Article 1 of Regulation (EU) 2021/378 of the European Central Bank (ECB/2021/1) (2), for the purpose of compliance by that institution with the applicable minimum reserve requirements. This exception should apply only temporarily, until the relevant institution’s TARGET accounts, and in particular its main cash account (MCA), have been successfully opened in accordance with the access and application criteria set out in Guideline (EU) 2022/912 (ECB/2022/8). As a further exception, the provision of such non-TARGET accounts for the purpose of compliance with applicable minimum reserves requirements should also be permitted where the relevant institution’s participation in TARGET, or its MCA, is terminated. |
(4) |
TARGET provides for two network service providers (NSPs) that are responsible for establishing the technical connection to TARGET within the framework of the concession contracts concluded between the Banca d’Italia, as agent of the Eurosystem CBs, and those NSPs. The Eurosystem CBs and other TARGET participants enter into a contractual relationship with one of those NSPs within the framework of the concession contract, or with a subcontractor of the NSP, as the case may be. In order to mitigate for the event of failure of their connection to TARGET through this primary NSP, each Eurosystem CB should also enter into, with effect from 21 March 2025, a contract with a second NSP. Further, with effect from 21 March 2026, participants that are considered critical should, in addition to their primary technical connection to TARGET, also establish a second technical connection through another NSP, on the basis of the modalities available to the participants. |
(5) |
TARGET also provides for a Contingency Solution that allows Eurosystem CBs and other participants in TARGET to process cash transfer orders in the event that the normal operation of TARGET accounts is not possible. The connection to, and use of, the Contingency Solution is currently mandatory for participants that are considered critical, as well as for participants that settle very critical transactions, while other participants may connect to the Contingency Solution on request. To further reduce operational risk, a connection to the Contingency Solution should be mandatory from 21 March 2025 for all real-time gross settlement (RTGS) dedicated cash account (DCA) holders and ancillary systems (AS) participating in TARGET. |
(6) |
Ancillary systems that use TARGET Instant Payment Settlement (TIPS) for settling instant payments designate reachable parties. It should be clarified that these reachable parties, if addressable in TARGET for the purposes of real-time gross settlement, should also be reachable via a TIPS dedicated cash account (TIPS DCA). |
(7) |
The Governing Council has recently reviewed the TIPS pricing policy. As a result of this review, the fees for TIPS DCA holders and for ancillary systems using the TIPS AS settlement procedure have been revised. The revised fees should apply from 1 January 2024. |
(8) |
It is also necessary to introduce certain editorial revisions to Guideline (EU) 2022/912 (ECB/2022/8). |
(9) |
Guideline (EU) 2022/912 (ECB/2022/8) should be amended accordingly, |
HAS ADOPTED THIS GUIDELINE:
Article 1
Amendments
Guideline (EU) 2022/912 (ECB/2022/8) is amended as follows:
(1) |
Article 2 is amended as follows:
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(2) |
in Article 3, the following paragraph 5 is added: ‘5. Eurosystem CBs shall not permit participants and third parties to use trademarks connected with TARGET services. A Eurosystem CB may request permission from the Level 2 technical and operational management body for a participant or a third party to use such trademarks.’ |
(3) |
in Article 9, paragraph 2 is replaced by the following: ‘2. With effect from the date that the operation of the Eurosystem Collateral Management System (ECMS) commences, as communicated on the ECB’s website, Eurosystem CBs shall not open accounts other than TARGET accounts for participants eligible to participate in TARGET for the purpose of providing services falling within the scope of this Guideline, subject to the following exceptions:
(*1) Regulation (EU) 2021/378 of the European Central Bank of 22 January 2021 on the application of minimum reserve requirements (ECB/2021/1) (OJ L 73, 3.3.2021, p. 1).’;" |
(4) |
in Article 19, the following paragraph 6 is added: ‘6. Each Eurosystem CB has concluded a contract with an NSP within the framework of the concession contract with that NSP. Each Eurosystem CB shall, in addition, conclude a contract with a second NSP to provide a second technical connection to TARGET for contingency purposes to take effect from 21 March 2025 at the latest. The second technical connection may be via the second NSP’s low volume user to application (U2A) access.’ |
(5) |
Annex I to Guideline (EU) 2022/912 (ECB/2022/8) is amended in accordance with Annex I to this Guideline; |
(6) |
Annex II to Guideline (EU) 2022/912 (ECB/2022/8) is amended in accordance with Annex II to this Guideline; |
(7) |
Annex III to Guideline (EU) 2022/912 (ECB/2022/8) is amended in accordance with Annex III to this Guideline. |
Article 2
Taking effect and implementation
1. This Guideline shall take effect on the day of its notification to the national central banks of the Member States whose currency is the euro.
2. The national central banks of the Member States whose currency is the euro shall take the necessary measures to comply with this Guideline and apply them from 20 November 2023.
3. The national central banks of the Member States whose currency is the euro shall notify the ECB by 16 October 2023, at the latest, of the texts and means relating to the measures to comply with this Guideline.
Article 3
Addressees
This Guideline is addressed to all Eurosystem central banks.
Done at Frankfurt am Main, 7 September 2023.
For the Governing Council of the ECB
The President of the ECB
Christine LAGARDE
(1) Guideline (EU) 2022/912 of the European Central Bank of 24 February 2022 on a new-generation Trans-European Automated Real-time Gross Settlement Express Transfer system (TARGET) and repealing Guideline ECB/2012/27 (ECB/2022/8) (OJ L 163, 17.6.2022, p. 84).
(2) Regulation (EU) 2021/378 of the European Central Bank of 22 January 2021 on the application of minimum reserve requirements (ECB/2021/1) (OJ L 73, 3.3.2021, p. 1).
ANNEX I
Annex I to Guideline (EU) 2022/912 (ECB/2022/8) is amended as follows:
(1) |
Part I is amended as follows:
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(2) |
Part II is amended as follows:
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(3) |
Part VII is amended as follows:
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(4) |
in Appendix VI, section 6 (FEES FOR TIPS DCA HOLDERS) is replaced by the following: ‘6. FEES FOR TIPS DCA HOLDERS
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(5) |
in Appendix VI, section 7 (FEES FOR AS USING TIPS AS SETTLEMENT PROCEDURE) is replaced by the following: ‘7. FEES FOR AS USING TIPS AS SETTLEMENT PROCEDURE
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ANNEX II
Annex II to Guideline (EU) 2022/912 (ECB/2022/8) is replaced by the following:
‘ANNEX II
TARGET GOVERNANCE ARRANGEMENTS
Level 1 – Governing Council |
Level 2 – Technical and operational management body |
Level 3 – Level 3 NCBs |
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Final competence in relation to all TARGET issues, in particular the rules for the decision making in TARGET, and responsible for safeguarding the public function of TARGET |
Conducting technical, functional, operational and financial management tasks in relation to TARGET and implementing the rules on governance decided by Level 1 |
Taking decisions on the daily running of TARGET based on the service levels defined in the agreement referred to in Article 7(6) of this Guideline |
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(Not applicable) |
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Providing cost figures to Level 2 for the service provision |
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Deciding on the level of service |
Verifying that the service was delivered in accordance with the agreed Service level |
Delivering the service in accordance with the agreed Service level |
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Managing TARGET based on the agreement referred to in Article 7(6) of this Guideline |
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Deciding in case of escalation |
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Assessing the Change Requests Implementing the Change requests in line with the agreed plan |
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(Not applicable) |
(Not applicable). |
ANNEX III
Annex III to Guideline (EU) 2022/912 (ECB/2022/8) is amended as follows:
(1) |
point 28 is replaced by the following:
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(2) |
point 54 is replaced by the following:
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ELI: http://data.europa.eu/eli/guideline/2023/2415/oj
ISSN 1977-0677 (electronic edition)