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Document 32021D0730
Decision (EU) 2021/730 of the European Central Bank of 29 April 2021 amending Decision (EU) 2019/1349 on the procedure and conditions for exercise by a competent authority of certain powers in relation to oversight of systemically important payment systems (ECB/2021/19)
Decision (EU) 2021/730 of the European Central Bank of 29 April 2021 amending Decision (EU) 2019/1349 on the procedure and conditions for exercise by a competent authority of certain powers in relation to oversight of systemically important payment systems (ECB/2021/19)
Decision (EU) 2021/730 of the European Central Bank of 29 April 2021 amending Decision (EU) 2019/1349 on the procedure and conditions for exercise by a competent authority of certain powers in relation to oversight of systemically important payment systems (ECB/2021/19)
OJ L 157, 5.5.2021, p. 7–8
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
5.5.2021 |
EN |
Official Journal of the European Union |
L 157/7 |
DECISION (EU) 2021/730 OF THE EUROPEAN CENTRAL BANK
of 29 April 2021
amending Decision (EU) 2019/1349 on the procedure and conditions for exercise by a competent authority of certain powers in relation to oversight of systemically important payment systems (ECB/2021/19)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Treaty on the Functioning of the European Union, and in particular 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, Article 22 and the first indent of Article 34.1 thereof,
Having regard to Regulation of the European Central Bank (EU) No 795/2014 of 3 July 2014 on oversight requirements for systemically important payment systems (ECB/2014/28) (1), and in particular Article 21(2) thereof,
Whereas:
(1) |
Regulation (EU) No 795/2014 (ECB/2014/28) lays down oversight requirements applicable to systemically important payment systems (SIPSs). Operators of SIPSs established in euro area Member States must ensure compliance of the SIPS they operate with those requirements. The competent authorities designated to oversee SIPSs must have sufficient resources and oversight powers. Certain of these powers are listed in Article 21 of Regulation (EU) No 795/2014 (ECB/2014/28), on the basis of which the European Central Bank (ECB) has adopted Decision (EU) 2019/1349 of the European Central Bank (ECB/2019/25) (2) which specifies in further detail the procedure and conditions for the exercise of those oversight powers by competent authorities. |
(2) |
Regulation (EU) No 795/2014 (ECB/2014/28) has recently been amended to reflect that in specific and exceptional circumstances it may be beneficial that compliance with the requirements of that Regulation by SIPSs that meet the criteria set out in Article 1(3)(iii) thereof, be overseen by two Eurosystem central banks – i.e. a national central bank and the ECB – as designated competent authorities, in order to benefit from the relevant national central bank’s knowledge of and previously established relationship with the overseen entity, as well as to recognise the ECB’s role in overseeing such SIPSs. |
(3) |
Decision (EU) 2019/1349 (ECB/2019/25) should therefore be amended to clarify how the relevant oversight powers are to be exercised and procedural aspects are to be complied with in a case where two Eurosystem central banks are designated as competent authorities in relation to a SIPS that meets the criteria set out in Article 1(3)(iii) of Regulation (EU) No 795/2014 (ECB/2014/28). |
(4) |
Therefore, Decision (EU) 2019/1349 (ECB/2019/25) should be amended accordingly, |
HAS ADOPTED THIS DECISION:
Article 1
Amendments
Decision (EU) 2019/1349 (ECB/2019/25) is amended as follows:
(1) |
Article 2 is amended as follows:
|
Article 2
Final provision
This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
Done at Frankfurt am Main, 29 April 2021.
For the Governing Council of the ECB
The President of the ECB
Christine LAGARDE
(1) OJ L 217, 23.7.2014, p. 16.
(2) Decision (EU) 2019/1349 of the European Central Bank of 26 July 2019 on the procedure and conditions for exercise by a competent authority of certain powers in relation to oversight of systemically important payment systems (ECB/2019/25) (OJ L 214, 16.8.2019, p.16).