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Document 32024O1163
Guideline (EU) 2024/1163 of the European Central Bank of 8 February 2024 amending Guideline (EU) 2015/510 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (ECB/2024/4)
Guideline (EU) 2024/1163 of the European Central Bank of 8 February 2024 amending Guideline (EU) 2015/510 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (ECB/2024/4)
Guideline (EU) 2024/1163 of the European Central Bank of 8 February 2024 amending Guideline (EU) 2015/510 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (ECB/2024/4)
ECB/2024/4
OJ L, 2024/1163, 26.4.2024, ELI: http://data.europa.eu/eli/guideline/2024/1163/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 L series |
2024/1163 |
26.4.2024 |
GUIDELINE (EU) 2024/1163 OF THE EUROPEAN CENTRAL BANK
of 8 February 2024
amending Guideline (EU) 2015/510 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (ECB/2024/4)
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 indent 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 the first indent of Article 3.1, Articles 9.2, 12.1, 14.3 and 18.2 and the first paragraph of Article 20 thereof,
Whereas:
(1) |
Achieving a single monetary policy entails defining the tools, instruments and procedures to be used by the Eurosystem in order to implement such a policy in a uniform manner throughout the Member States whose currency is the euro. |
(2) |
Guideline (EU) 2015/510 of the European Central Bank (ECB/2014/60) (1) should be amended to incorporate necessary technical and editorial adjustments relating to certain aspects of monetary policy operations. |
(3) |
Guideline ECB/2012/27 of the European Central Bank (2), which governed the Trans-European Automated Real-time Gross Settlement Express Transfer system (TARGET2), was repealed by Guideline (EU) 2022/912 of the European Central Bank (ECB/2022/8) (3), which sets out the new-generation Trans-European Automated Real-time Gross Settlement Express Transfer system (TARGET). The changes introduced by Guideline (EU) 2022/912 (ECB/2022/8) need to be reflected in Guideline (EU) 2015/510 (ECB/2014/60). |
(4) |
The announcement, allotment and settlement dates of main refinancing operations and regular longer-term refinancing operations should be aligned to facilitate switching between the two types of operations. Furthermore, the time frame of regular longer-term refinancing operations should be adjusted to avoid an overlap between the two types of operations. In addition, the interest rounding rules for regular longer-term refinancing operations should be clarified to ensure a harmonised approach. |
(5) |
Certain aspects of the issuance of European Central Bank (ECB) debt certificates require further clarification regarding the identity of their legal issuer and the form of their issuance and holding. |
(6) |
Some further clarification on the treatment of interest rate benchmarks in the context of collateral eligibility for the purposes of Eurosystem monetary policy operations is required, in particular as regards those interest rate benchmarks that are administered from the United Kingdom (UK). UK benchmark administrators, like other benchmark administrators located outside the Union, should be considered third country benchmark administrators and Union supervised entities should only use benchmarks provided by third country administrators if they are authorised for use in the Union in accordance with Regulation (EU) 2016/1011 of the European Parliament and of the Council (4). |
(7) |
Clarifications are needed with respect to the eligibility as collateral of sustainability-linked bonds with coupon step-up cancellation rights. |
(8) |
It is necessary to harmonise the Eurosystem collateral eligibility rules applicable to guaranteed assets by further specifying the cases in which the relevant eligibility requirements apply. The applicability of these requirements should depend on whether a guarantee is used to establish the asset’s compliance with the Eurosystem’s credit quality requirements. |
(9) |
It is necessary to provide greater clarity in the Eurosystem credit assessment framework (ECAF) with regard to counterparties’ reporting of probabilities of default based on their use of the internal ratings-based (IRB) approaches, and the provision of templates to be filled in by a credit rating agency (CRA) applying to become accepted as an external credit assessment institution (ECAI). |
(10) |
As part of the collateral easing measures it adopted in response to the COVID-19 pandemic to facilitate Eurosystem counterparties in maintaining sufficient eligible collateral in order to be able to participate in all liquidity-providing operations, the Governing Council decided on 7 April 2020 that for domestic use, credit claims should, at the time of their submission as collateral by the counterparty, meet a minimum size threshold of EUR 0, or any higher amount that may be laid down by a national central bank of a Member State whose currency is the euro (hereinafter an ‘NCB’) receiving them as collateral. In view of the gradual phasing out of these collateral easing measures, the Governing Council decided on 30 November 2023 to reinstate the minimum size threshold of EUR 25 000 that credit claims mobilised on an individual basis should meet in order to be acceptable collateral for domestic use under Guideline (EU) 2015/510 (ECB/2014/60). In making its decision, the Governing Council took into consideration: the need to harmonise the use of credit claims as collateral for Eurosystem credit operations, the low percentage of the total amount of collateral mobilised by Eurosystem counterparties that credit claims below that threshold represent, and the need to improve the operational and cost efficiency of mobilisation and handling procedures for the acceptance of credit claims as collateral. |
(11) |
To enhance the protection of the Eurosystem from risks associated with the acceptance of credit claims as collateral, if it is ascertained that the procedures and systems used by a counterparty are no longer adequate for the submission of information on credit claims to the Eurosystem, the NCB concerned should be allowed to take the measures it deems necessary. These measures should include the partial or full suspension of the mobilisation of credit claims by that counterparty until the NCB concerned has conducted a new verification of the appropriateness of the procedures and systems used by the counterparty to submit the information on credit claims to the Eurosystem. |
(12) |
In line with the Governing Council’s decision of 22 June 2022, a high-level principle concerning climate change risk disclosure in ECAIs’ credit assessments is to be introduced in the ECAF. |
(13) |
Adjustments need to be made to the Eurosystem counterparty framework for accessing Eurosystem monetary policy operations to further clarify the treatment of counterparties that do not meet the own funds requirements laid down in Regulation (EU) No 575/2013 of the European Parliament and of the Council (5), the treatment of counterparties in breach of the initial capital requirement laid down in Article 93 of Regulation (EU) No 575/2013 and the relevant national legislation, as well as the treatment of counterparties and of eligible assets issued by entities that are subject to European Union restrictive measures. |
(14) |
It is necessary to harmonise the events of default within the Eurosystem, also with a view to ensuring transparency and consistency, and to improve the level playing field for the Eurosystem’s counterparties for monetary policy operations. |
(15) |
Regulation (EU) 2021/378 of the European Central Bank (ECB/2021/1) (6) has been amended as regards the remuneration of holdings of minimum reserves. The changes introduced by Regulation (EU) 2023/1679 of the European Central Bank (ECB/2023/21) (7) therefore need to be reflected in the provisions relating to minimum reserves in Guideline (EU) 2015/510 (ECB/2014/60). |
(16) |
Therefore, Guideline (EU) 2015/510 (ECB/2014/60) should be amended accordingly, |
HAS ADOPTED THIS GUIDELINE:
Article 1
Amendments
Guideline (EU) 2015/510 (ECB/2014/60) is amended as follows:
(1) |
references to ‘TARGET2’ are replaced by references to ‘TARGET’ in the following: Article 2, points (6) and (26), Article 19(1) and (2), Article 22(1), Article 51(1) and (3), Article 53(2), Article 61(1), Article 177(2), point (d), Article 186(2), point (b), the heading of Part Seven A, the title of Article 187a, the introductory wording of Article 187a(1), Article 187a(4), the title of Article 187b, Article 187b, first sentence, the title of Article 187c, Article 187c, first sentence, Article 187c, point (b), the title of Article 187d, and Article 187d; |
(2) |
Article 2 is amended as follows:
|
(3) |
in Article 7, paragraph 6 is replaced by the following: ‘6. LTROs are executed by means of variable rate tender procedures, unless it is decided by the Eurosystem to execute them by means of a fixed-rate tender procedure. In such a case, the rate applicable to fixed-rate tender procedures may be indexed to an underlying reference rate (e.g. average MRO rate) over the life of the operation, with or without a spread. When the applicable interest rate is calculated as an average of an underlying reference rate over the life of the operation, it shall be calculated by rounding the average to at least the eighth decimal position.’ |
(4) |
in Article 8(2), point (d) is replaced by the following:
|
(5) |
in Article 10(4), point (e) is replaced by the following:
|
(6) |
in Article 11(5), point (d) is replaced by the following:
|
(7) |
Article 12 is amended as follows:
|
(8) |
Article 13 is amended as follows:
|
(9) |
Article 19 is amended as follows:
|
(10) |
in Article 20, paragraph 1 is replaced by the following: ‘1. The maturity of credit extended under the marginal lending facility shall be overnight. The credit shall be repaid on the next day on which: (a) TARGET; and (b) the relevant SSSs are operational, at the time at which those systems open.’ |
(11) |
Article 22 is amended as follows:
|
(12) |
in Article 23, paragraph 1 is replaced by the following: ‘1. The maturity of deposits under the deposit facility shall be overnight. Deposits held under the deposit facility shall mature on the next day on which TARGET is operational, at the time at which this system opens.’ |
(13) |
Article 25(2) is amended as follows:
|
(14) |
in Article 28(3), Table 7 is replaced by the following: ‘Table 7 Normal trade days for MROs and regular LTROs
|
(15) |
in Article 49, paragraph 1 is replaced by the following: ‘1. Payment orders relating to the participation in open market operations or use of the standing facilities shall be settled on the counterparties’ accounts with an NCB or on the accounts of another credit institution participating in TARGET.’ |
(16) |
in Article 58, paragraph 2 is replaced by the following: ‘2. In order to participate in Eurosystem credit operations, counterparties shall provide the Eurosystem with assets that are eligible as collateral for such operations. Given that Eurosystem credit operations include intraday credit, collateral provided by counterparties in respect of intraday credit shall also comply with the eligibility criteria laid down in this Guideline, as outlined in Guideline (EU) 2022/912 (ECB/2022/8).’ |
(17) |
Article 63 is amended as follows:
|
(18) |
in Article 69, the following paragraph 1a is inserted: ‘1a. The requirement set out in the first sentence of paragraph 1 shall not apply to the guarantor of a debt instrument where the guarantee is not used to establish the compliance of that debt instrument with the credit quality requirements for marketable assets.’ |
(19) |
in Article 70, paragraph 2 is replaced by the following: ‘2. In order to be eligible, guarantors of debt instruments shall be established in the EEA, unless a guarantee is not used to establish the compliance of that debt instrument with the credit quality requirements for specific debt instruments, subject to the exceptions laid down in paragraphs 3 and 4. The possibility to use an ECAI guarantor rating to establish compliance with the relevant credit quality requirements for specific debt instruments is laid down in Article 84.’ |
(20) |
the heading of Part Four, Title II, Chapter 1, Section 2, Subsection 3 is replaced by the following: ‘Specific eligibility criteria for debt certificates issued by the ECB or by NCBs prior to the date of adoption of the euro in their respective Member State’; |
(21) |
Article 81 is amended as follows:
|
(22) |
in Article 90, point (b)(iii), first indent, the first sub-indent is replaced by the following:
|
(23) |
Article 93 is replaced by the following: ‘Article 93 Minimum size of credit claims For domestic use, credit claims shall, at the time of their submission as collateral by the counterparty, meet a minimum size threshold of EUR 25 000, or any higher amount that may be laid down by the home NCB. For cross-border use, a minimum size threshold of EUR 500 000 shall apply.’ |
(24) |
in Article 95, paragraph 1 is replaced by the following: ‘1. The debtors and guarantors of eligible credit claims shall be non-financial corporations, public sector entities (excluding public financial corporations), multilateral development banks or international organisations. This requirement shall not apply to the guarantor of a credit claim where the guarantee is not used to establish the compliance of that credit claim with the credit quality requirements for non-marketable assets.’ |
(25) |
in Article 96, paragraph 2 is replaced by the following: ‘2. The guarantor in respect of a credit claim shall also be established in a Member State whose currency is the euro, unless a guarantee is not used to establish the compliance of that credit claim with the credit quality requirements for non-marketable assets.’ |
(26) |
in Article 97, point (d) is replaced by the following:
|
(27) |
Article 100 is replaced by the following: ‘Article 100 Verifications of the procedures and systems used to submit credit claims 1. NCBs, or supervisors or external auditors, shall conduct a verification of the appropriateness of the procedures and systems used by the counterparty to submit the information on credit claims to the Eurosystem prior to the first mobilisation of credit claims by the counterparty. The verification of the procedures and systems shall subsequently be conducted at least once every five years. In the event of significant changes to such procedures or systems, a new verification may be conducted. 2. If NCBs, or supervisors or external auditors ascertain that the procedures and systems used by the counterparty are no longer adequate for the submission of the information on credit claims to the Eurosystem, the NCB involved in the verification shall take the measures it deems necessary, which may include the partial or full suspension of the mobilisation of credit claims by the counterparty until a new verification of the appropriateness of the procedures and systems used by the counterparty to submit the information on credit claims to the Eurosystem has been conducted.’ |
(28) |
Article 104 is amended as follows:
|
(29) |
in Article 107a, paragraph 7 is replaced by the following: ‘7. The governing law applicable to the DECC, the originator, the debtors and, where relevant, the guarantors of the underlying credit claims, the underlying credit claim agreements and any agreements ensuring the direct or indirect transfer of the underlying credit claims from the originator to the issuer shall be the law of the jurisdiction where the issuer is established. This requirement shall only apply to the guarantors of the underlying credit claims where a guarantee is used to establish compliance with the credit quality requirements of the credit claim.’ |
(30) |
in Article 113, paragraph 2 is replaced by the following: ‘2. Guarantees provided by guarantors that are used to establish compliance with the Eurosystem’s credit quality requirements shall comply with this Title.’ |
(31) |
Article 118(1) is amended as follows:
|
(32) |
in Article 120, the following paragraph 4 is added: ‘4. ECAIs shall be transparent in relation to the incorporation of climate change risk in their methodologies and ratings, where such climate change risk can be a source of credit risk. They shall provide regular updates to the ECB on their activities in this field.’ |
(33) |
Article 122 is amended as follows:
|
(34) |
in Article 123(4), point (d) is replaced by the following:
|
(35) |
Article 144a(2) is amended as follows:
|
(36) |
in Article 154(1), point (d) is replaced by the following:
|
(37) |
Article 158 is amended as follows:
|
(38) |
in Article 159(4), point (a) is replaced by the following:
|
(39) |
Article 165 is replaced by the following: ‘Article 165 Events of default 1. Each NCB shall apply contractual or regulatory arrangements that provide for events of default that are considered either automatic (“automatic events of default”) or discretionary (“discretionary events of default”), as set out in this Article. 2. The following shall be considered automatic events of default, as referred to in paragraph 1:
3. The following shall be considered discretionary events of default, as referred to in paragraph 1:
4. In the case of the discretionary events of default referred to in paragraph 3, the event of default is to be declared by the relevant NCB in accordance with Eurosystem procedures adopted by the Governing Council and shall be perfected only upon service of a notice of default. Such notice of default may provide a “grace period” of up to three business days to rectify the event in question.’ |
(40) |
Article 166 is amended as follows:
|
(41) |
in Article 187a(1), point (a) is replaced by the following:
|
(42) |
in Article 187b, point (a) is replaced by the following:
|
(43) |
Annexes I, VI, VIa and IXc are amended in accordance with the Annex to this Guideline. |
Article 2
Taking effect and implementation
1. This Guideline shall take effect on the day of its notification to the NCBs.
2. The NCBs shall take the necessary measures to comply with this Guideline and apply them from 6 May 2024. They shall notify the ECB of the texts and means relating to those measures by 22 March 2024 at the latest.
Article 3
Addressees
This Guideline is addressed to all Eurosystem central banks.
Done at Frankfurt am Main, 8 February 2024.
For the Governing Council of the ECB
The President of the ECB
Christine LAGARDE
(1) Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (General Documentation Guideline) (ECB/2014/60) (OJ L 91, 2.4.2015, p. 3 ).
(2) Guideline ECB/2012/27 of the European Central Bank of 5 December 2012 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (OJ L 30, 30.1.2013, p. 1).
(3) 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).
(4) Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014 (OJ L 171, 29.6.2016, p. 1).
(5) Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
(6) 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).
(7) Regulation (EU) 2023/1679 of the European Central Bank of 25 August 2023 amending Regulation (EU) 2021/378 on the application of minimum reserve requirements (ECB/2021/1) (ECB/2023/21) (OJ L 216, 1.9.2023, p. 96).
(*4) Central European Time (CET) takes account of the change to Central European Summer Time.
T stands for “trade day”.’;
(*5) Special scheduling can take place due to holidays.
(*6) Due to the holiday period, the December operation is normally brought forward by one week, i.e. to the preceding Tuesday of the month.’;
ANNEX
Annexes I, VI, VIa and IXc to Guideline (EU) 2015/510 (ECB/2014/60) are amended as follows:
(1) |
Annex I is amended as follows:
|
(2) |
in Annex VI, section I, paragraph 5, references to ‘TARGET2’ are replaced by references to ‘TARGET’; |
(3) |
in Annex VIa, in paragraph 5 of section II, points (a) and (b) are replaced by the following:
|
(4) |
in Annex IXc, section II, paragraph 3, point (d) is replaced by the following:
|
ELI: http://data.europa.eu/eli/guideline/2024/1163/oj
ISSN 1977-0677 (electronic edition)