2009/58/EC: Decision of the European Central Bank of 15 December 2008 laying down the measures necessary for the paying-up of the European Central Bank’s capital by the non-participating national central banks (ECB/2008/28)

24.1.2009 EN Official Journal of the European Union L 21/81
DECISION OF THE EUROPEAN CENTRAL BANK
of 15 December 2008
laying down the measures necessary for the paying-up of the European Central Bank’s capital by the non-participating national central banks
(ECB/2008/28)
(2009/58/EC)
THE GENERAL COUNCIL OF THE EUROPEAN CENTRAL BANK
,
Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘ESCB Statute’), and in particular Article 48 thereof,
Whereas:
(1) Decision ECB/2006/26 of 18 December 2006 laying down the measures necessary for the paying-up of the European Central Bank’s capital by the non-participating national central banks (1), determined the percentage of the subscription to the European Central Bank’s (ECB’s) capital which the national central banks (NCBs) of the Member States that would not have adopted the euro on 1 January 2007 were under an obligation to pay up on 1 January 2007 as a contribution to the ECB’s operational costs.
(2) Decision ECB/2008/23 of 12 December 2008 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (2) provides for the adjustment of the key for subscription to the ECB’s capital (hereinafter the ‘capital key’) in accordance with Article 29.3 of the ESCB Statute and establishes with effect from 1 January 2009 the new weightings assigned to each NCB in the adjusted capital key (hereinafter the ‘capital key weightings’).
(3) The ECB’s subscribed capital is EUR 5 760 652 402,58.
(4) The adjusted capital key requires the adoption of a new ECB decision repealing Decision ECB/2006/26 with effect from 1 January 2009 and determining the percentage of the ECB’s subscribed capital which the NCBs of the Member States that will not have adopted the euro by 1 January 2009 (hereinafter the ‘non-participating NCBs’) are under an obligation to pay up with effect from 1 January 2009,