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Document 32012D0031(01)
2013/31/EU: Decision of the European Central Bank of 11 December 2012 amending Decision ECB/2007/7 concerning the terms and conditions of TARGET2-ECB (ECB/2012/31)
2013/31/EU: Odluka Europske središnje banke od 11. prosinca 2012. o izmjeni Odluke ESB/2007/7 o uvjetima sustava TARGET2-ECB (ESB/2012/31)
2013/31/EU: Odluka Europske središnje banke od 11. prosinca 2012. o izmjeni Odluke ESB/2007/7 o uvjetima sustava TARGET2-ECB (ESB/2012/31)
SL L 13, 17.1.2013, p. 8–11
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(HR)
No longer in force, Date of end of validity: 19/03/2023; Implicitno stavljeno izvan snage 32022D0911
17.1.2013 |
EN |
Official Journal of the European Union |
L 13/8 |
DECISION OF THE EUROPEAN CENTRAL BANK
of 11 December 2012
amending Decision ECB/2007/7 concerning the terms and conditions of TARGET2-ECB
(ECB/2012/31)
(2013/31/EU)
THE EXECUTIVE BOARD 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 11.6 and Articles 17, 22 and 23 thereof,
Having regard to Guideline ECB/2012/27 of 5 December 2012 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (1), and in particular Article 8(2) thereof,
Whereas:
(1) |
Guideline ECB/2007/2 of 26 April 2007 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (2) has been recently recast in order to incorporate rules previously internal to the Eurosystem and to add necessary definitions, as well as provisions with regards to inapplicability of sanctions to non-Union banks, information sharing with regards to suspension or termination of access to monetary policy operations and the consequences of such suspension or termination. |
(2) |
Therefore, it is necessary to amend Decision ECB/2007/7 of 24 July 2007 concerning the terms and conditions of TARGET2-ECB (3) in order to: (a) incorporate certain elements from Guideline ECB/2012/27 into the terms and conditions of TARGET2-ECB; and (b) update references to national legislation relevant to Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems (4), |
HAS ADOPTED THIS DECISION:
Article 1
Amendments to Decision ECB/2007/7
Decision ECB/2007/7 is amended as follows:
(1) |
in Article 1(1)(c), the first footnote is replaced by the following:
|
(2) |
the Annex to Decision ECB/2007/7 is amended in accordance with the Annex to this Decision. |
Article 2
Entry into force
This Decision shall enter into force on 1 January 2013.
Done at Frankfurt am Main, 11 December 2012.
The President of the ECB
Mario DRAGHI
(1) Not yet published in the Official Journal.
ANNEX
The Annex to Decision ECB/2007/7 is amended as follows:
(1) |
Article 1 is amended as follows:
|
(2) |
in Article 20, paragraph 1 is replaced by the following: ‘1. For the purposes of the first sentence of Article 3(1) of the Settlement Finality Directive and the third sentence of § 116, § 96(2), § 82 and § 340(3) of the German Insolvency Code (Insolvenzordnung) and the last sentence of § 46(2) of the KWG, payment orders are deemed entered into TARGET2-ECB at the moment that the relevant participant’s PM account is debited.’; |
(3) |
in Article 25, paragraph 5 is replaced by the following: ‘5. Notwithstanding Sections 675(u), 675(v), 675(x), 675y 675z, 676a, 676c of the German Civil Code (Bürgerliches Gesetzbuch), paragraphs 1 to 4 shall apply to the extent that the ECB’s liability can be excluded.’; |
(4) |
in Article 33, the first sentence in paragraph 3 is replaced by the following: ‘Participants, when acting as the payment service provider of a payer or payee, shall comply with all requirements resulting from administrative or restrictive measures imposed pursuant to Article 75 or 215 of the Treaty on the Functioning of the European Union to which they are subject, including with respect to notification and/or the obtaining of consent from a competent authority in relation to the processing of transactions. In addition:’; |
(5) |
Appendix VI is replaced by the following: ‘Appendix VI FEE SCHEDULE AND INVOICING Fees and invoicing for direct participants
Fees and invoicing for ancillary systems
|