Article 1 Membership
The President and Vice-President of the European Central Bank (ECB) shall be Members of the General Board of the European Systemic Risk Board (ESRB) as set up by Regulation (EU) No 1092/2010.
Article 2 Support of the ESRB
The ECB shall ensure a Secretariat, and thereby provide analytical, statistical, logistical and administrative support to the ESRB. The mission of the Secretariat as defined in Article 4(4) of Regulation (EU) No 1092/2010, shall include in particular: (a) the preparation of the ESRB meetings; (b) in accordance with Article 5 of the Statute of the European System of Central Banks and the European Central Bank and Article 5 of this Regulation, the collection and processing of information, including statistical information, on behalf and for the benefit of the fulfilment of the tasks of the ESRB; (c) the preparation of the analyses necessary to carry out the tasks of the ESRB, drawing on technical advice from national central banks and supervisors; (d) the support to the ESRB in its international cooperation at administrative level with other relevant bodies on macro-prudential issues; (e) the support to the work of the General Board, the Steering Committee, the Advisory Technical Committee and the Advisory Scientific Committee.
Article 3 Organisation of the Secretariat
1. The ECB shall provide sufficient human and financial resources for the fulfilment of its task of ensuring the Secretariat. 2. The head of the Secretariat shall be appointed by the ECB, in consultation with the General Board of the ESRB.
Article 4 Management
1. The ESRB’s Chair and its Steering Committee shall give directions to the head of the Secretariat on behalf of the ESRB. 2. The head of the Secretariat or his representative shall attend the meetings of the General Board, the Steering Committee, the Advisory Technical Committee and the Advisory Scientific Committee of the ESRB.
Article 5 Collection of information on behalf of the ESRB
1. The ESRB shall determine the information necessary for the purposes of the performance of its tasks, as set out in Article 3 of Regulation (EU) No 1092/2010. In view thereof, the Secretariat shall collect all the necessary information on behalf of the ESRB on a regular and ad hoc basis, in accordance with Article 15 of Regulation (EU) No 1092/2010 and subject to Article 6 of this Regulation. 2. On behalf of the ESRB, the Secretariat shall make available to the European Supervisory Authorities the information on risks necessary for the performance of their tasks.
Article 6 Confidentiality of information and documents
1. Without prejudice to the application of criminal law, any confidential information received by the Secretariat while performing its duties may not be divulged to any person or authority outside the ESRB whatsoever, except in summary or aggregate form, such that individual financial institutions cannot be identified. 2. The Secretariat shall ensure that documents are submitted to the ESRB in a manner which ensures their confidentiality. 3. The ECB shall ensure the confidentiality of the information received by the Secretariat for the performance of the tasks of the ECB under this Regulation. The ECB shall establish internal mechanisms and adopt internal rules to ensure the protection of information collected by the Secretariat on behalf of the ESRB. The ECB staff shall comply with the applicable rules relating to professional secrecy. 4. Information acquired by the ECB as a result of the application of this Regulation shall only be used for the purposes mentioned in Article 2.
Article 7 Access to documents
1. The Secretariat shall ensure the application of Decision of the European Central Bank of 4 March 2004 on public access to European Central Bank documents (ECB/2004/3) ( 7 ) . 2. The practical arrangements for the application of Decision ECB/2004/3 to documents relating to the ESRB, shall be adopted by 17 June 2011.
Article 8 Review
By 17 December 2013, the Council shall examine this Regulation, on the basis of a report from the Commission. After having received opinions from the ECB and from the European Supervisory Authorities, it shall determine whether this Regulation should be reviewed.
Article 9 Entry into force
This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union . It shall apply from 16 December 2010.