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Document 32009D0027(01)
Decision of the European Central Bank of 14 December 2009 amending Decision ECB/2001/16 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002 (ECB/2009/27)
Decision of the European Central Bank of 14 December 2009 amending Decision ECB/2001/16 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002 (ECB/2009/27)
Decision of the European Central Bank of 14 December 2009 amending Decision ECB/2001/16 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002 (ECB/2009/27)
OJ L 339, 22.12.2009, p. 55–57
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
No longer in force, Date of end of validity: 30/12/2010; Implicitly repealed by 32010D0023
22.12.2009 |
EN |
Official Journal of the European Union |
L 339/55 |
DECISION OF THE EUROPEAN CENTRAL BANK
of 14 December 2009
amending Decision ECB/2001/16 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002
(ECB/2009/27)
(2009/998/EU)
THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 32 thereof,
Whereas:
(1) |
Decision ECB/2009/16 of 2 July 2009 on the implementation of the covered bond purchase programme (1) provides for the establishment of a programme for the purchase of covered bonds for monetary policy purposes. |
(2) |
Guideline ECB/2009/10 of 7 May 2009 amending Guideline ECB/2000/7 on monetary policy instruments and procedures of the Eurosystem (2) allows access to Eurosystem open market operations and standing facilities by credit institutions which, in view of their specific institutional nature under Community law, are subject to scrutiny of a standard comparable to supervision by competent national authorities. |
(3) |
Experience has shown that it is necessary to specify the treatment of outstanding claims arising from defaults by Eurosystem counterparties in the context of Eurosystem credit operations, and of related financial assets. |
(4) |
Decision ECB/2001/16 of 6 December 2001 on the allocation of monetary income of the national central banks of participating Member States from the financial year 2002 (3) needs to be amended in order to reflect these developments in the calculation and allocation of monetary income, |
HAS DECIDED AS FOLLOWS:
Article 1
Decision ECB/2001/16 is amended as follows:
1. |
Article 1(g) is replaced by the following: ‘(g) “credit institution” shall mean either: (a) a credit institution within the meaning of Articles 2 and 4(1)(a) of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (*1), as implemented in national law, that is subject to supervision by a competent authority; or (b) another credit institution within the meaning of Article 123(2) of the Treaty on the Functioning of the European Union that is subject to scrutiny of a standard comparable to supervision by a competent authority. |
2. |
Article 3(2) is replaced by the following: ‘2. From 2003 the amount of each NCB’s monetary income shall be determined by measuring the actual income that derives from the earmarkable assets recorded in its books. As exceptions thereto, gold shall be considered to generate no income, and securities held for monetary policy purposes shall be considered to generate income at the reference rate.’ |
3. |
Annexes I and II to Decision ECB/2001/16 are amended in accordance with the Annex to this Decision. |
Article 2
Final provision
This Decision shall enter into force on 31 December 2009.
Done at Frankfurt am Main, 14 December 2009.
The President of the ECB
Jean-Claude TRICHET
(1) OJ L 175, 4.7.2009, p. 18.
ANNEX
1.
Annex I to Decision ECB/2001/16 is replaced by the following:‘ANNEX I
COMPOSITION OF THE LIABILITY BASE
A. |
The liability base includes, to the exclusion of any other item:
|
B. |
The amount of each NCB's liability base shall be calculated in accordance with the harmonised accounting principles and rules laid down in Guideline ECB/2006/16 of 10 November 2006 on the legal framework for accounting and financial reporting in the European System of Central Banks (*2). |
2.
Annex II to Decision ECB/2001/16 is replaced by the following:‘ANNEX II
EARMARKABLE ASSETS
A. |
Earmarkable assets shall include, with the exclusion of any other item:
|
B. |
The value of each NCB’s earmarkable assets shall be calculated in accordance with the harmonised accounting principles and rules laid down in Guideline ECB/2006/16.’ |