Letter from Frank Elderson, Member of the Executive Board of European Central Bank (ECB), to Zbynĕk Stanjura, Ministry of Finance of the Czech Republic, regarding a request for an ECB opinion on a draft law amending certain laws as regards the establishment and functioning of the European Single Access Point
Date: 2024-06-17
Institutions: European Central Bank
Subjects: legal basis

Frank Elderson  
Member of the Executive Board 

Mr Zbynĕk Stanjura 
Minister of Finance,  
Ministry of Finance of the Czech Republic  
Letenská 15 
118 10 
Prague 1 
CZECH REPUBLIC 

ECB-PUBLIC 

Frankfurt am Main, 17 June 2024 
Contact person: Marek Svoboda 
Marek.Svoboda@ecb.europa.eu 
tel.: +49 69 1344 6246 

Request for an ECB opinion on a draft law amending certain laws as regards the establishment and 

functioning of the European Single Access Point 

Your reference: MF- 13837/2024/2702-2 

Dear Minister, 

Thank you for your letter of 15 May 2024 requesting an opinion of the European Central Bank (ECB) on a 

draft  law  amending  certain  laws  as  regards  the  establishment  and  functioning  of  the  European  Single 

Access Point (hereinafter the ‘draft law’). 

The draft law amends, among others, Law No 6/1993 Coll. on Česká národní banka, Law No 15/1998 Coll. 

on supervision of the capital market and Law No 256/2004 Coll. on doing business on the capital market to 

designate Česká národní banka (CNB) as the collection body in the Czech Republic.  

Pursuant  to  Articles  127(4)  and  282(5)  of  the  Treaty  on  the  Functioning  of  the  European  Union,  in 

conjunction  with  the  third  indent  of  Article  2(1)  of  Council  Decision  98/415/EC1,  national  authorities  are 

required to consult the ECB on draft legislative provisions on national central banks (NCBs) in the European 

System of Central Banks, including CNB. However, the ECB does not automatically adopt an opinion on 

draft national legislation that relates to NCBs, unless the draft national legislation: (1) impairs the NCB’s 

independence under Article 130 of the Treaty; (2) breaches the monetary financing prohibition under Article 

123  of  the  Treaty;  or  (3)  is  otherwise  of  non-marginal  importance  to  the  ECB’s  fields  of  competence. 

Following careful review of the draft law it appears that the draft law does not impair CNB’s independence 

or breach the monetary financing prohibition, and that it is not otherwise of non-marginal importance to the 

ECB’s fields of competence. Consequently, the ECB has decided not to adopt an opinion in the present 

case.  

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Council Decision 98/415/EC of 29 June 1998 on the consultation of the European Central Bank by national authorities 
regarding draft legislative provisions (OJ L 189, 3.7.1998, p. 42). 

 
 
 
 
 
 
 
The ECB appreciates that you have sent the draft law to the ECB for consultation and remains confident 

that Ministry of Finance of the Czech Republic will continue to consult the ECB on future draft legislative 

provisions that fall within the ECB’s fields of competence under the Treaty and Decision 98/415/EC. 

ECB-PUBLIC 

Yours sincerely, 

[signed] 

Cc:  Mr Aleš Michl, Governor, Česká národní banka 

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