natgillin/translations-raw huggingface dataset:
В приложението към член 10 се добавят следните параграфи 5 и 6:
in the Annex, Article 11 is replaced by the following:
A PM account holder accepting its PM account to be designated as the Main PM account defined in Annex II shall be bound by any invoices related to the opening and operation of each Dedicated Cash Account linked to that PM account, as set out in Appendix VI to this Annex, including any penalties levied in accordance with paragraph 9(d) of Annex IIIa, regardless of the content of, or any non-compliance with, the contractual or other arrangements between that PM account holder and the DCA holder.
‘Article 11
A Main PM account holder shall be bound by any invoices, as set out in Appendix VI to this Annex, for the linkage to each DCA to which the PM account is linked.“
PM to DCA liquidity transfer orders.’;
В приложението член 11 се заменя със следното:
in the Annex, the second subparagraph of Article 13(2) is replaced by the following:
„Article 11
‘All payment instructions submitted by an ancillary system through the ASI to debit or credit the participants' PM accounts and all PM to DCA liquidity transfer orders submitted shall be deemed to be highly urgent payment orders.’;
PM to DCA liquidity transfer orders.“
in the Annex, paragraph 2 of Article 32 is replaced by the following:
В приложението втората алинея от член 13, параграф 2 се заменя със следното:
The ECB shall not be liable for the financial and commercial consequences of such disclosure.’;
„All payment instructions submitted by an ancillary system through the ASI to debit or credit the participants' PM accounts and all PM to DCA liquidity transfer orders submitted shall be deemed to be highly urgent payment orders.“
in the Annex, paragraph 2 of Article 40 is replaced by the following:
В приложението параграф 2 от член 32 се заменя със следното:
By requesting a PM account in TARGET2-ECB, applicant participants automatically agree to these Conditions between themselves and in relation to the ECB.’;
The ECB shall not be liable for the financial and commercial consequences of such disclosure.“
in Appendix I to the Annex, the following point (d) is added to paragraph 8(8):
В приложението параграф 2 от член 40 се заменя със следното:
by means of a PM to DCA liquidity transfer order.’;
By requesting a PM account in TARGET2-ECB, applicant participants automatically agree to these Conditions between themselves and in relation to the ECB.“
in Appendix IV to the Annex, paragraph 6(d) is replaced by the following:
Kъм параграф 8, алинея 8 от допълнение I към приложението се добавя следната буква г):
The following types of payments shall be considered “critical” and the ECB may decide to initiate contingency processing in relation to them:
by means of a PM to DCA liquidity transfer order.“
DCA to PM liquidity transfer orders.’;
В допълнение IV към приложението буква г) от параграф 6 се заменя със следното:
in the Annex, Appendix VI is replaced by the following:
The following types of payments shall be considered ‘critical’ and the ECB may decide to initiate contingency processing in relation to them:
‘Appendix VI
DCA to PM liquidity transfer orders.“
For the Aggregated Liquidity (AL) mode, the monthly fee shall be EUR 200 for each account included in the AL group.
В приложението допълнение VI се заменя със следното:
If the AL group is a part of a CAI group and the CAI group manager is different from the AL group manager, then the CAI group manager shall pay an additional monthly fee of EUR 1875.
„Appendix VI
In such cases the invoice for the total fees for all the accounts in the CAI group (including the AL group accounts) shall be sent to the CAI group manager.
For the Aggregated Liquidity (AL) mode, the monthly fee shall be EUR 200 for each account included in the AL group.
Payment shall be made at the latest on the tenth working day of that month to the account specified by the ECB and shall be debited from that participant's PM account.’;
If the AL group is a part of a CAI group and the CAI group manager is different from the AL group manager, then the CAI group manager shall pay an additional monthly fee of EUR 1875.
the Annex is renamed Annex I, and its title is replaced by the following:
In such cases the invoice for the total fees for all the accounts in the CAI group (including the AL group accounts) shall be sent to the CAI group manager.
‘ANNEX I
Payment shall be made at the latest on the tenth working day of that month to the account specified by the ECB and shall be debited from that participant's PM account.“
TERMS AND CONDITIONS FOR THE OPENING AND OPERATION OF A PM ACCOUNT IN TARGET2-ECB’;
Приложението се преименува на приложение I и заглавието му се заменя със следното:
the following Annex II is added:
„ANNEX I
For the purposes of these Harmonised Conditions (hereinafter the “Conditions”) the following definitions apply:
TERMS AND CONDITIONS FOR THE OPENING AND OPERATION OF A PM ACCOUNT IN TARGET2-ECB“
“Auto-collateralisation” means intraday credit granted by the euro area national central bank (NCB) in central bank money triggered when a DCA holder has insufficient funds to settle securities transactions, whereby such intraday credit is collateralised either with the securities being purchased (collateral on flow), or with securities held by the DCA holder in favour of the euro area NCB (collateral on stock),
Добавя се следното приложение II:
“Dedicated Cash Account (DCA)” means an account held by a DCA holder, opened in TARGET2-ECB, and used for cash payments in relation to securities settlement in T2S,
For the purposes of these Harmonised Conditions (hereinafter the ‘Conditions’) the following definitions apply:
“Immediate liquidity transfer order” means an instruction to make a DCA to PM liquidity transfer order, a PM to DCA liquidity transfer order or a DCA to DCA liquidity transfer order in real-time upon the receipt of the said instruction,
‘Auto-collateralisation’ means intraday credit granted by the euro area national central bank (NCB) in central bank money triggered when a DCA holder has insufficient funds to settle securities transactions, whereby such intraday credit is collateralised either with the securities being purchased (collateral on flow), or with securities held by the DCA holder in favour of the euro area NCB (collateral on stock),
“Predefined liquidity transfer order” means an instruction to transfer a specified amount of funds from a DCA to a PM account to be executed only once at a defined time or event,
‘Dedicated Cash Account (DCA)’ means an account held by a DCA holder, opened in TARGET2-ECB, and used for cash payments in relation to securities settlement in T2S,
“Liquidity adjustment” means the authorisation given by the DCA holder, to its participating CSD or the ECB by special contractual arrangement duly documented and registered in the Static Data to initiate liquidity transfers between a DCA and a PM Account, or between two DCAs,
‘Immediate liquidity transfer order’ means an instruction to make a DCA to PM liquidity transfer order, a PM to DCA liquidity transfer order or a DCA to DCA liquidity transfer order in real-time upon the receipt of the said instruction,
“DCA to PM liquidity transfer order” means the instruction to transfer a specified amount of funds from a DCA to a PM account,
‘Predefined liquidity transfer order’ means an instruction to transfer a specified amount of funds from a DCA to a PM account to be executed only once at a defined time or event,
“PM to DCA liquidity transfer order” means the instruction to transfer a specified amount of funds from a PM account to a DCA,
‘Liquidity adjustment’ means the authorisation given by the DCA holder, to its participating CSD or the ECB by special contractual arrangement duly documented and registered in the Static Data to initiate liquidity transfers between a DCA and a PM Account, or between two DCAs,
“DCA to DCA liquidity transfer order” means the instruction to transfer a specified amount of funds from (i) a DCA to a DCA linked to the same Main PM account; or (ii) from a DCA to a DCA held by the same legal entity,
‘DCA to PM liquidity transfer order’ means the instruction to transfer a specified amount of funds from a DCA to a PM account,
“Main PM account” means the PM Account to which a DCA is linked and on which any remaining balance will be automatically repatriated at end-of-day,
‘PM to DCA liquidity transfer order’ means the instruction to transfer a specified amount of funds from a PM account to a DCA,
“Standing liquidity transfer order” means an instruction to transfer a specified amount of cash or “all cash” available in the T2S DCA from a DCA to a PM account to be executed repetitively at a defined time or event in the T2S processing cycle until the order is deleted or the validity period expires,
‘DCA to DCA liquidity transfer order’ means the instruction to transfer a specified amount of funds from (i) a DCA to a DCA linked to the same Main PM account; or (ii) from a DCA to a DCA held by the same legal entity,
“Static Data” means the set of business objects, specific to a DCA holder or central bank, in T2S and owned respectively by that DCA holder or central bank, that T2S requires to process the transactional data related to that DCA holder or central bank,
‘Main PM account’ means the PM Account to which a DCA is linked and on which any remaining balance will be automatically repatriated at end-of-day,
“Business Identifier Code (BIC)” means a code as defined by ISO Standard No 9362,
‘Standing liquidity transfer order’ means an instruction to transfer a specified amount of cash or ‘all cash’ available in the T2S DCA from a DCA to a PM account to be executed repetitively at a defined time or event in the T2S processing cycle until the order is deleted or the validity period expires,
“ISO country code” means a code as defined by ISO Standard No 3166-1,
‘Static Data’ means the set of business objects, specific to a DCA holder or central bank, in T2S and owned respectively by that DCA holder or central bank, that T2S requires to process the transactional data related to that DCA holder or central bank,
“business day” means any day on which TARGET2 is open for the settlement of payment orders, as set out in Appendix V,
‘Business Identifier Code (BIC)’ means a code as defined by ISO Standard No 9362,
“capacity opinion” means a participant-specific opinion that contains an assessment of a participant's legal capacity to enter into and carry out its obligations under these Conditions,
‘ISO country code’ means a code as defined by ISO Standard No 3166-1,
“central banks (CBs)” means the Eurosystem CBs and the connected NCBs,
‘business day’ means any day on which TARGET2 is open for the settlement of payment orders, as set out in Appendix V,
“connected NCB” means an NCB, other than a Eurosystem CB, which is connected to TARGET2 pursuant to a specific agreement,
‘capacity opinion’ means a participant-specific opinion that contains an assessment of a participant's legal capacity to enter into and carry out its obligations under these Conditions,
“credit institution” means either: (a) a credit institution within the meaning of point (1) of Article 4(1) of Regulation (EU) No 575/2013 and, Section 2(1) no 2 and Section 2(6) no 2 of the KWG that is subject to supervision by a competent authority; or (b) another credit institution within the meaning of Article 123(2) of the Treaty that is subject to scrutiny of a standard comparable to supervision by a competent authority,
‘central banks (CBs)’ means the Eurosystem CBs and the connected NCBs,
“euro area NCB” means the NCB of a Member State whose currency is the euro,
‘connected NCB’ means an NCB, other than a Eurosystem CB, which is connected to TARGET2 pursuant to a specific agreement,
“Eurosystem CB” means the ECB or a euro area NCB,
‘credit institution’ means either: (a) a credit institution within the meaning of point (1) of Article 4(1) of Regulation (EU) No 575/2013 and, Section 2(1) no 2 and Section 2(6) no 2 of the KWG that is subject to supervision by a competent authority; or (b) another credit institution within the meaning of Article 123(2) of the Treaty that is subject to scrutiny of a standard comparable to supervision by a competent authority,
“insolvency proceedings” means insolvency proceedings within the meaning of Article 2(j) of Directive 98/26/EC,
‘euro area NCB’ means the NCB of a Member State whose currency is the euro,
“TARGET2 network service provider” means a provider of computerised network connections appointed by the ECB's Governing Council for the purpose of submitting payment messages in TARGET2,
‘Eurosystem CB’ means the ECB or a euro area NCB,
“T2S network service provider” means an undertaking that has concluded a licence agreement with the Eurosystem to provide connectivity services in the context of T2S,
‘insolvency proceedings’ means insolvency proceedings within the meaning of Article 2(j) of Directive 98/26/EC,
“payee”, except where used in Article 28 of these Conditions, means a TARGET2 participant whose DCA will be credited as a result of a payment order being settled,
‘TARGET2 network service provider’ means a provider of computerised network connections appointed by the ECB's Governing Council for the purpose of submitting payment messages in TARGET2,
“payer”, except where used in Article 28 of these Conditions, means a TARGET2 participant whose DCA will be debited as a result of a payment order being settled,
‘T2S network service provider’ means an undertaking that has concluded a licence agreement with the Eurosystem to provide connectivity services in the context of T2S,
“payment order” means a DCA to PM liquidity transfer order, a PM to DCA liquidity transfer order or a DCA to DCA liquidity transfer order,
‘payee’, except where used in Article 28 of these Conditions, means a TARGET2 participant whose DCA will be credited as a result of a payment order being settled,
“Payments Module (PM)” means an SSP module in which payments of TARGET2 participants are settled on PM accounts,
‘payer’, except where used in Article 28 of these Conditions, means a TARGET2 participant whose DCA will be debited as a result of a payment order being settled,
“PM account” means an account held by a TARGET2 participant in the PM with a Eurosystem CB which is necessary for such TARGET2 participant to:
‘payment order’ means a DCA to PM liquidity transfer order, a PM to DCA liquidity transfer order or a DCA to DCA liquidity transfer order,
“Single Shared Platform (SSP)” means the single technical platform infrastructure provided by the SSP-providing NCBs,
‘Payments Module (PM)’ means an SSP module in which payments of TARGET2 participants are settled on PM accounts,
“TARGET2-Securities (T2S)” or “T2S Platform” means the set of hardware, software and other technical infrastructure components through which the Eurosystem provides the services to participating CSDs and Eurosystem CBs that allow core, neutral and borderless settlement of securities transactions on a delivery-versus-payment basis in central bank money,
‘PM account’ means an account held by a TARGET2 participant in the PM with a Eurosystem CB which is necessary for such TARGET2 participant to:
“SSP-providing NCBs” means the Deutsche Bundesbank, the Banque de France and the Banca d'Italia in their capacity as the CBs building and operating the SSP for the Eurosystem's benefit,
‘Single Shared Platform (SSP)’ means the single technical platform infrastructure provided by the SSP-providing NCBs,
“4CBs” means the Deutsche Bundesbank, the Banque de France, the Banca d'Italia and Banco de España in their capacity as the CBs building and operating the T2S Platform for the Eurosystem's benefit,
‘TARGET2-Securities (T2S)’ or ‘T2S Platform’ means the set of hardware, software and other technical infrastructure components through which the Eurosystem provides the services to participating CSDs and Eurosystem CBs that allow core, neutral and borderless settlement of securities transactions on a delivery-versus-payment basis in central bank money,
“static data collection form” means a form developed by the ECB for the purpose of registering applicants for TARGET2-ECB services and registering any changes in relation to the provision of such services,
‘SSP-providing NCBs’ means the Deutsche Bundesbank, the Banque de France and the Banca d'Italia in their capacity as the CBs building and operating the SSP for the Eurosystem's benefit,
“suspension” means the temporary freezing of the rights and obligations of a participant for a period of time to be determined by the ECB,
’ means the Deutsche Bundesbank, the Banque de France, the Banca d'Italia and Banco de España in their capacity as the CBs building and operating the T2S Platform for the Eurosystem's benefit,
“T2S GUI” means module on the T2S Platform which allows DCA holders to obtain on-line information and gives them the possibility to submit payment orders,
‘static data collection form’ means a form developed by the ECB for the purpose of registering applicants for TARGET2-ECB services and registering any changes in relation to the provision of such services,
“TARGET2-ECB” means the TARGET2 component system of the ECB,
‘suspension’ means the temporary freezing of the rights and obligations of a participant for a period of time to be determined by the ECB,
“TARGET2” means the entirety resulting from all TARGET2 component systems of the CBs,
‘T2S GUI’ means module on the T2S Platform which allows DCA holders to obtain on-line information and gives them the possibility to submit payment orders,
“TARGET2 component system” means any of the CBs' real-time gross settlement (RTGS) systems that form part of TARGET2,
‘TARGET2-ECB’ means the TARGET2 component system of the ECB,
“TARGET2 participant” means any participant in any TARGET2 component system,
‘TARGET2’ means the entirety resulting from all TARGET2 component systems of the CBs,
“participant” or “direct participant” means an entity that holds at least one PM account (PM account holder) and/or one Dedicated Cash Account (DCA holder) with a Eurosystem CB,
‘TARGET2 component system’ means any of the CBs' real-time gross settlement (RTGS) systems that form part of TARGET2,
“technical malfunction of TARGET2” means any difficulty, defect or failure in the technical infrastructure and/or the computer systems used by TARGET2-ECB including the SSP or T2S Platform, or any other event that makes it impossible to execute and complete the same-day processing of payments in TARGET2-ECB,
‘TARGET2 participant’ means any participant in any TARGET2 component system,
“available liquidity” means the credit balance on the DCA decreased by the amount of any processed reservations of liquidity or blocking of funds,
‘participant’ or ‘direct participant’ means an entity that holds at least one PM account (PM account holder) and/or one Dedicated Cash Account (DCA holder) with a Eurosystem CB,
“participating Central Securities Depository” or “participating CSD” means a CSD that has signed the T2S Framework Agreement,
‘technical malfunction of TARGET2’ means any difficulty, defect or failure in the technical infrastructure and/or the computer systems used by TARGET2-ECB including the SSP or T2S Platform, or any other event that makes it impossible to execute and complete the same-day processing of payments in TARGET2-ECB,
“A2A” or “Application-to-application” means a connectivity mode allowing the DCA holder to exchange information with the software application of the T2S Platform,
‘available liquidity’ means the credit balance on the DCA decreased by the amount of any processed reservations of liquidity or blocking of funds,
“U2A” or “User-to-application” means a connectivity mode allowing the DCA holder to exchange information with software applications on the T2S Platform through a graphical user interface,
‘participating Central Securities Depository’ or ‘participating CSD’ means a CSD that has signed the T2S Framework Agreement,
“T2S Distinguished Name” or “T2S DN” means the network address for the T2S Platform which must be included in all messages intended for the system,
‘A2A’ or ‘Application-to-application’ means a connectivity mode allowing the DCA holder to exchange information with the software application of the T2S Platform,
“branch” means a branch within the meaning of point (17) of Article 4(1) of Regulation (EU) No 575/2013,
‘U2A’ or ‘User-to-application’ means a connectivity mode allowing the DCA holder to exchange information with software applications on the T2S Platform through a graphical user interface,
“non-settled payment order” means a payment order that is not settled on the same business day as that on which it is accepted,
‘T2S Distinguished Name’ or ‘T2S DN’ means the network address for the T2S Platform which must be included in all messages intended for the system,
“real-time gross settlement” means the processing and settlement of payment orders on a transaction by transaction basis in real-time.
‘branch’ means a branch within the meaning of point (17) of Article 4(1) of Regulation (EU) No 575/2013,
By virtue of Guideline ECB/2012/27 (*), TARGET2 also provides real-time gross settlement services in respect of T2S transactions for DCA holders having ensured a link with a securities account at a participating CSD.
‘non-settled payment order’ means a payment order that is not settled on the same business day as that on which it is accepted,
TARGET2 is legally structured as a multiplicity of payment systems composed of all the TARGET2 component systems, which are designated as “systems” under the national laws implementing Directive 98/26/EC.
‘real-time gross settlement’ means the processing and settlement of payment orders on a transaction by transaction basis in real-time.
TARGET2-ECB is designated as a “system” under the national laws implementing Directive 98/26/EC.
By virtue of Guideline ECB/2012/27 (*), TARGET2 also provides real-time gross settlement services in respect of T2S transactions for DCA holders having ensured a link with a securities account at a participating CSD.
In order for the ECB to open a DCA for an entity, such entity must comply with the access criteria of Article 5 and shall:
TARGET2 is legally structured as a multiplicity of payment systems composed of all the TARGET2 component systems, which are designated as ‘systems’ under the national laws implementing Directive 98/26/EC.
DCA holders may collect information via the ICM, to the extent they also hold a PM account, or otherwise via the T2S GUI.
TARGET2-ECB is designated as a ‘system’ under the national laws implementing Directive 98/26/EC.
“C” for cash account
In order for the ECB to open a DCA for an entity, such entity must comply with the access criteria of Article 5 and shall:
For the purposes of the first sentence of Article 3(1) and Article 5 of Directive 98/26/EC, and the third sentence of Section 116, Section 96(2), Section 82 and Section 340(3) of the German Insolvency Code (Insolvenzordnung) and the last sentence of Section 46(2) of the KWG, DCA to DCA liquidity transfer orders or DCA to PM liquidity transfer orders are deemed entered into TARGET2-ECB and are irrevocable at the moment that the relevant DCA holder's DCA is debited.
DCA holders may collect information via the ICM, to the extent they also hold a PM account, or otherwise via the T2S GUI.
For all transactions settling on DCAs and which are subject to matching of two separate transfer orders, such transfer orders are deemed entered into TARGET2-ECB at the moment at which they have been declared compliant with the technical rules of T2S by the T2S Platform and irrevocable at the moment the transaction has been given the status “matched” on the T2S Platform; or
‘C’ for cash account
As an exception to point (a), for transactions involving one participating CSD having a separate matching component where transfer orders are sent directly to that participating CSD to be matched in its separate matching component, transfer orders are deemed entered into TARGET2-ECB at the moment at which they have been declared compliant with the technical rules of T2S by that participating CSD and irrevocable from the moment the transaction has been given the status “matched” on the T2S Platform.