natgillin/translations-raw huggingface dataset:
If a PM account holder is suspended from TARGET2-ECB on grounds other than those specified in paragraph (1)(a), all of its incoming payments and outgoing payment orders shall be stored and only entered into the entry disposition after they have been explicitly accepted by the suspended PM account holder's CB.’;
the following paragraph 7 is added:
добавя се следният параграф 7:
If a PM account holder is suspended from TARGET2-ECB on the grounds specified in paragraph (1)(a), any outgoing payment orders from that PM account holder shall only be processed on the instructions of its representatives, including those appointed by a competent authority or a court, such as the PM account holder's insolvency administrator, or pursuant to an enforceable decision of a competent authority or a court providing instructions as to how the payments are to be processed.
If a PM account holder is suspended from TARGET2-ECB on the grounds specified in paragraph (1)(a), any outgoing payment orders from that PM account holder shall only be processed on the instructions of its representatives, including those appointed by a competent authority or a court, such as the PM account holder's insolvency administrator, or pursuant to an enforceable decision of a competent authority or a court providing instructions as to how the payments are to be processed.
Article 32 is amended as follows:
член 32 се изменя, както следва:
paragraph 2 is replaced by the following:
параграф 2 се заменя със следното:
By derogation from paragraph 1, the participant agrees that the ECB may disclose payment, technical or organisational information regarding the participant, participants from the same group or the participant's customers obtained in the course of the operation of TARGET2-ECB to: (a) other CBs or third parties that are involved in the operation of TARGET2-ECB, to the extent that this is necessary for the efficient functioning of TARGET2 or the monitoring of the participant's or its group's exposure; (b) other CBs in order to carry out the analyses necessary for market operations, monetary policy functions, financial stability or financial integration; or (c) supervisory and oversight authorities of Member States and the Union, including CBs, to the extent that this is necessary for the performance of their public tasks, and provided in all such cases that the disclosure is not in conflict with the applicable law.
By derogation from paragraph 1, the participant agrees that the ECB may disclose payment, technical or organisational information regarding the participant, participants from the same group or the participant's customers obtained in the course of the operation of TARGET2-ECB to: (a) other CBs or third parties that are involved in the operation of TARGET2-ECB, to the extent that this is necessary for the efficient functioning of TARGET2 or the monitoring of the participant's or its group's exposure; (b) other CBs in order to carry out the analyses necessary for market operations, monetary policy functions, financial stability or financial integration; or (c) supervisory and oversight authorities of Member States and the Union, including CBs, to the extent that this is necessary for the performance of their public tasks, and provided in all such cases that the disclosure is not in conflict with the applicable law.
paragraph 3 is replaced by the following:
параграф 3 се заменя със следното:
in Appendix I, paragraph 8(8)(c) is replaced by the following:
в допълнение I, параграф 8, точка 8, буква в) се заменя със следното:
Appendix IV is amended as follows:
Допълнение IV се изменя, както следва:
paragraph 6(a) is replaced by the following:
параграф 6, буква а) се заменя със следното:
paragraph 8(b) is replaced by the following:
параграф 8, буква б) се заменя със следното:
in Appendix V, the table in paragraph 3 is replaced by the following:
в допълнение V таблицата в параграф 3 се заменя със следното:
“Start-of-procedure” message and settlement of the standing orders to transfer liquidity from the PM accounts to the sub-accounts/technical account (ancillary system-related settlement)
‘Start-of-procedure’ message and settlement of the standing orders to transfer liquidity from the PM accounts to the sub-accounts/technical account (ancillary system-related settlement)
Execution of additional liquidity transfers via the ICM for settlement procedure 6 real-time; execution of additional liquidity transfers via the ICM before the ancillary system sends the “start-of-cycle” messages for settlement procedure 6 interfaced; settlement period of night-time ancillary system operations (only for ancillary system settlement procedure 6 real-time and settlement procedure 6 interfaced)
Execution of additional liquidity transfers via the ICM for settlement procedure 6 real-time; execution of additional liquidity transfers via the ICM before the ancillary system sends the ‘start-of-cycle’ messages for settlement procedure 6 interfaced; settlement period of night-time ancillary system operations (only for ancillary system settlement procedure 6 real-time and settlement procedure 6 interfaced)
Appendix VI is replaced by the following:
допълнение VI се заменя със следното:
EUR 150 per PM account plus a flat fee per transaction (debit entry) of EUR 0,80; or
150 EUR per PM account plus a flat fee per transaction (debit entry) of 0,80 EUR; or
EUR 1875 per PM account plus a fee per transaction (debit entry) determined as follows, based on the volume of transactions (number of processed items) per month:
1875 EUR per PM account plus a fee per transaction (debit entry) determined as follows, based on the volume of transactions (number of processed items) per month:
PM to DCA liquidity transfer orders sent from a participant's PM account and DCA to PM liquidity transfer orders received on a participant's PM account shall be charged according to pricing options (a) or (b) as chosen for that PM account.
PM to DCA liquidity transfer orders sent from a participant's PM account and DCA to PM liquidity transfer orders received on a participant's PM account shall be charged according to pricing options (a) or (b) as chosen for that PM account.
There shall be an additional monthly fee for direct participants who do not wish the BIC of their account to be published in the TARGET2 directory of EUR 30 per account.
There shall be an additional monthly fee for direct participants who do not wish the BIC of their account to be published in the TARGET2 directory of 30 EUR per account.
The monthly fee for direct participants subscribing to the TARGET2 value-added services for T2S shall be EUR 50 for those participants that have opted for option (a) in paragraph 1, and EUR 625 for those participants that have opted for option (b) in paragraph 1.
The monthly fee for direct participants subscribing to the TARGET2 value-added services for T2S shall be 50 EUR for those participants that have opted for option (a) in paragraph 1, and 625 EUR for those participants that have opted for option (b) in paragraph 1.
In addition to the fees set out in paragraphs 1 to 3 of this Appendix, a monthly fee of EUR 250 for each linked DCA shall be charged to Main PM account holders.
In addition to the fees set out in paragraphs 1 to 3 of this Appendix, a monthly fee of 250 EUR for each linked DCA shall be charged to Main PM account holders.
A fixed monthly fee of EUR 1000 to be charged to each ancillary system (Fixed Fee I).
A fixed monthly fee of 1000 EUR to be charged to each ancillary system (Fixed Fee I).
A second monthly fixed fee of between EUR 417 and EUR 8334, in proportion to the underlying gross value of the ancillary system's euro cash settlement transactions (Fixed Fee II).
A second monthly fixed fee of between 417 EUR and 8334 EUR, in proportion to the underlying gross value of the ancillary system's euro cash settlement transactions (Fixed Fee II).
A transaction fee calculated on the same basis as the schedule established for PM account holders, in line with paragraph 1.
A transaction fee calculated on the same basis as the schedule established for PM account holders, in line with paragraph 1.
The ancillary system may choose one of the two options: either to pay a flat EUR 0,80 fee per payment instruction (Option A) or to pay a fee calculated on a degressive basis (Option B), subject to the following modifications:
The ancillary system may choose one of the two options: either to pay a flat 0,80 EUR fee per payment instruction (Option A) or to pay a fee calculated on a degressive basis (Option B), subject to the following modifications:
for Option B, the limits of the bands relating to volume of payment instructions are divided by two; and
for Option B, the limits of the bands relating to volume of payment instructions are divided by two; and
a monthly fixed fee of EUR 150 (under Option A) or EUR 1875 (under Option B) shall be charged in addition to Fixed Fee I and Fixed Fee II.
a monthly fixed fee of 150 EUR (under Option A) or 1875 EUR (under Option B) shall be charged in addition to Fixed Fee I and Fixed Fee II.
In addition to the fees set out in points (a) to (c), an ancillary system using the ASI or the Participant Interface shall also be subject to the following fees:
In addition to the fees set out in points (a) to (c), an ancillary system using the ASI or the Participant Interface shall also be subject to the following fees:
If the ancillary system makes use of the TARGET2 value-added services for T2S, the monthly fee for the use of the value added services shall be EUR 50 for those systems that have chosen option A and EUR 625 for those systems that have chosen option B. This fee shall be charged for each account held by the ancillary system that uses the services;
If the ancillary system makes use of the TARGET2 value-added services for T2S, the monthly fee for the use of the value added services shall be 50 EUR for those systems that have chosen option A and 625 EUR for those systems that have chosen option B. This fee shall be charged for each account held by the ancillary system that uses the services;
If the ancillary system holds a Main PM account linked to one or more DCAs, the monthly fee shall be EUR 250 for each linked DCA; and
If the ancillary system holds a Main PM account linked to one or more DCAs, the monthly fee shall be 250 EUR for each linked DCA; and
The ancillary system as Main PM account holder shall be charged the following fees for T2S services connected with the linked DCA(s).
The ancillary system as Main PM account holder shall be charged the following fees for T2S services connected with the linked DCA(s).
Per queried business item in any A2A query generated
Per queried business item in any A2A query generated
Per queried business item in any U2A query generated and downloaded
Per queried business item in any U2A query generated and downloaded
For the purposes of paragraphs 7 to 9, each ancillary system that has been designated under Directive 98/26/EC shall be treated separately, even if two or more of them are operated by the same legal entity.
For the purposes of paragraphs 7 to 9, each ancillary system that has been designated under Directive 98/26/ЕС shall be treated separately, even if two or more of them are operated by the same legal entity.
The same rule shall apply to the ancillary systems that have not been designated under Directive 98/26/EC, in which case the ancillary systems shall be identified by reference to the following criteria: (a) a formal arrangement, based on a contractual or legislative instrument, e.g. an agreement among the participants and the system operator; (b) with multiple membership; (c) with common rules and standardised arrangements; and (d) for the clearing, netting and/or settlement of payments and/or securities between the participants.
The same rule shall apply to the ancillary systems that have not been designated under Directive 98/26/ЕС, in which case the ancillary systems shall be identified by reference to the following criteria: (a) a formal arrangement, based on a contractual or legislative instrument, e.g. an agreement among the participants and the system operator; (b) with multiple membership; (c) with common rules and standardised arrangements; and (d) for the clearing, netting and/or settlement of payments and/or securities between the participants.
Annex II is amended as follows:
Приложение II се изменя, както следва:
Article 24 is amended as follows:
член 24 се изменя, както следва:
If a DCA holder is suspended from TARGET2-ECB on grounds other than those specified in paragraph (1)(a), all its incoming and outgoing payment orders shall only be presented for settlement after they have been explicitly accepted by the suspended DCA holder's CB.’;
If a DCA holder is suspended from TARGET2-ECB on grounds other than those specified in paragraph (1)(a), all its incoming and outgoing payment orders shall only be presented for settlement after they have been explicitly accepted by the suspended DCA holder's CB.’;
If a DCA holder is suspended from TARGET2-ECB on the grounds specified in paragraph (1)(a), any outgoing payment orders from that DCA holder shall only be processed on the instructions of its representatives, including those appointed by a competent authority or a court, such as the DCA holder's insolvency administrator, or pursuant to an enforceable decision of a competent authority or a court providing instructions as to how the payments are to be processed.
If a DCA holder is suspended from TARGET2-ECB on the grounds specified in paragraph (1)(a), any outgoing payment orders from that DCA holder shall only be processed on the instructions of its representatives, including those appointed by a competent authority or a court, such as the DCA holder's insolvency administrator, or pursuant to an enforceable decision of a competent authority or a court providing instructions as to how the payments are to be processed.
Article 27 is amended as follows:
член 27 се изменя, както следва:
By derogation from paragraph 1, the DCA holder agrees that the ECB may disclose payment order, technical or organisational information regarding the DCA holder, other DCAs held by DCA holders of the same group, or the DCA holder's customers obtained in the course of the operation of TARGET2-ECB to: (a) other CBs or third parties that are involved in the operation of TARGET2-ECB, to the extent that this is necessary for the efficient functioning of TARGET2, or the monitoring of the DCA holder's or its group's exposure; (b) other CBs in order to carry out the analyses necessary for market operations, monetary policy functions, financial stability or financial integration; or (c) supervisory and oversight authorities of Member States and the Union, including CBs, to the extent that this is necessary for the performance of their public tasks, and provided in all such cases that the disclosure is not in conflict with the applicable law.
By derogation from paragraph 1, the DCA holder agrees that the ECB may disclose payment order, technical or organisational information regarding the DCA holder, other DCAs held by DCA holders of the same group, or the DCA holder's customers obtained in the course of the operation of TARGET2-ECB to: (a) other CBs or third parties that are involved in the operation of TARGET2-ECB, to the extent that this is necessary for the efficient functioning of TARGET2, or the monitoring of the DCA holder's or its group's exposure; (b) other CBs in order to carry out the analyses necessary for market operations, monetary policy functions, financial stability or financial integration; or (c) supervisory and oversight authorities of Member States and the Union, including CBs, to the extent that this is necessary for the performance of their public tasks, and provided in all such cases that the disclosure is not in conflict with the applicable law.
The Eurosystem's current policy for the location of infrastructure is set out in the following statements, which are available on the ECB's website at www.ecb.europa.eu: (a) the policy statement on euro payment and settlement systems located outside the euro area of 3 November 1998; (b) the Eurosystem's policy line with regard to consolidation in central counterparty clearing of 27 September 2001; (c) the Eurosystem policy principles on the location and operation of infrastructures settling in euro-denominated payment transactions of 19 July 2007; (d) the Eurosystem policy principles on the location and operation of infrastructures settling euro-denominated payment transactions: specification of “legally and operationally located in the euro area” of 20 November 2008; (e) the Eurosystem oversight policy framework of July 2011, subject to the judgment of 4 March 2015 United Kingdom v European Central Bank, T-496/11, ECLI:EU:T:2015:496.
The Eurosystem's current policy for the location of infrastructure is set out in the following statements, which are available on the ECB's website at www.ecb.europa.eu: (a) the policy statement on euro payment and settlement systems located outside the euro area of 3 November 1998; (b) the Eurosystem's policy line with regard to consolidation in central counterparty clearing of 27 September 2001; (c) the Eurosystem policy principles on the location and operation of infrastructures settling in euro-denominated payment transactions of 19 July 2007; (d) the Eurosystem policy principles on the location and operation of infrastructures settling euro-denominated payment transactions: specification of „legally and operationally located in the euro area“ of 20 November 2008; (e) the Eurosystem oversight policy framework of July 2011, subject to the judgment of 4 March 2015 United Kingdom v European Central Bank, T-496/11, ECLI:EU:T:2015:496.
Guideline ECB/2012/27 of 5 December 2012 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (OJ L 30, 30.1.2013, p. 1).’;
Guideline ECB/2012/27 of 5 December 2012 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (OJ L 30, 30.1.2013, p.1).’;
“Daytime operations” means daytime processing and end-of-day processing.
Решение (ЕС) 2017/2098 на Европейската централна банка
Decision (EU) 2017/2098 of the European Central Bank
от 3 ноември 2017 година
of 3 November 2017
относно процедурните аспекти във връзка с налагането на корективни мерки за неизпълнение на Регламент (ЕС) № 795/2014 (ЕЦБ/2017/33)
on procedural aspects concerning the imposition of corrective measures for non-compliance with Regulation (EU) No 795/2014 (ECB/2017/33)
като взе предвид Регламент (ЕС) № 795/2014 на Европейската централна банка от 3 юли 2014 г. относно надзорните изисквания за системно важните платежни системи (ЕЦБ/2014/28) [1], и по-специално член 22, параграф 6 от него,
Having regard to Regulation (EU) No 795/2014 of the European Central Bank of 3 July 2014 on oversight requirements for systemically important payment systems (ECB/2014/28) [1], and in particular Article 22(6) thereof,
Управителният съвет определи надзорните изисквания за системно важните платежни системи (СВПС) в Регламент (ЕС) № 795/2014 (ЕЦБ/2014/28).
The Governing Council set out oversight requirements for systemically important payment systems (SIPS) in Regulation (EU) No 795/2014 (ECB/2014/28).
Съгласно член 22, параграфи 2 и 3 от Регламент (ЕС) № 795/2014 (ЕЦБ/2014/28) компетентните органи могат да налагат корективни мерки за неизпълнението на надзорните изисквания.
Pursuant to Article 22(2) and (3) of Regulation (EU) No 795/2014 (ECB/2014/28), competent authorities may impose corrective measures for non-compliance with oversight requirements.
Тъй като в Регламент (ЕС) № 795/2014 (ЕЦБ/2014/28) не са предвидени подробни правила и процедури за налагането на корективни мерки, в съответствие с член 22, параграф 6 от него тези правила и процедури следва да се уредят в настоящото решение,
However, as Regulation (EU) No 795/2014 (ECB/2014/28) does not specify detailed rules and procedures for the imposition of corrective measures, in accordance with Article 22(6) thereof, such rules and procedures should be laid down in this Decision,
„компетентен орган“ е компетентният орган съгласно определението в член 2, точка 5 от Регламент (ЕС) № 795/2014 (ЕЦБ/2014/28);
‘competent authority’ means a competent authority as defined in point (5) of Article 2 of Regulation (EU) No 795/2014 (ECB/2014/28);
„оператор на СВПС“ е операторът на СВПС съгласно определението в член 2, точка 4 от Регламент (ЕС) № 795/2014 (ЕЦБ/2014/28);
‘SIPS operator’ means a SIPS operator as defined in point (4) of Article 2 of Regulation (EU) No 795/2014 (ECB/2014/28);
„корективна мярка“ е корективната мярка съгласно определението в член 2, точка 44 от Регламент (ЕС) № 795/2014 (ЕЦБ/2014/28);
‘corrective measure’ means a corrective measure as defined in point (44) of Article 2 of Regulation (EU) No 795/2014 (ECB/2014/28);
„неизпълнение“ е всяко нарушение на Регламент (ЕС) № 795/2014 (ЕЦБ/2014/28);
‘non-compliance’ means any infringement of Regulation (EU) No 795/2014 (ECB/2014/28);
„предполагаемо неизпълнение“ са основателни причини да се предполага, че оператор на СВПС не е изпълнил едно или повече изисквания в Регламент (ЕС) № 795/2014 (ЕЦБ/2014/28) въз основа на информацията и документацията (включително направената от самия оператор на СВПС оценка), с която разполага компетентният орган;
‘suspected non-compliance’ means reasonable grounds for suspecting that a SIPS operator has not fulfilled one or more of the requirements of Regulation (EU) No 795/2014 (ECB/2014/28), based on the information and documentation (including a self-assessment provided by the SIPS operator) available to the competent authority;
„непоправено неизпълнение“ е нарушение на Регламент (ЕС) № 795/2014 (ЕЦБ/2014/28), което е потвърдено в оценка, но не е поправено от оператора на СВПС съгласно уговорения с компетентния орган план за действие в рамките на срока, определен от този орган;
‘ongoing non-compliance’ means any infringement of Regulation (EU) No 795/2014 (ECB/2014/28) that has been confirmed by an assessment but has not been rectified by a SIPS operator in accordance with an action plan agreed with the competent authority within a time limit specified by that authority;
„проект на оценка“ е доклад, който все още не е одобрен от органа за вземане на решения на компетентния орган, в който е направен предварителен анализ на правилата, процедурите и операциите на СВПС, инцидентите или на други въпроси, които се считат за важни за дейността на СВПС, и се установява предполагаемо неизпълнение на надзорните изисквания, предвидени в Регламент (ЕС) № 795/2014 (ЕЦБ/2014/28);
‘draft assessment’ means a report that has not yet been endorsed by the decision-making body of a competent authority, which provides a preliminary analysis of the SIPS' rules, procedures and operations, and of incidents, or any other matter that is considered of importance to the operation of the SIPS, and identifies a suspected non-compliance with the oversight requirements laid down in Regulation (EU) No 795/2014 (ECB/2014/28);
„оценка“ е доклад, в който се посочва равнището, на което операторът на СВПС изпълнява надзорните изисквания, предвидени в Регламент (ЕС) № 795/2014 (ЕЦБ/2014/28), и който е одобрен от Управителния съвет, когато Европейската централна банка (ЕЦБ) е компетентният орган, или ако национална централна банка (НЦБ) е компетентният орган, доклад, който е одобрен от съответния орган за вземане на решения на тази НЦБ.
‘assessment’ means, where the European Central Bank (ECB) acts as the competent authority, a report that has been endorsed by the Governing Council, or, where a national central bank (NCB) acts as the competent authority, a report that has been endorsed by the relevant decision-making body of that NCB, and which states the SIPS operator's level of compliance with the oversight requirements laid down in Regulation (EU) No 795/2014 (ECB/2014/28).
Корективните мерки се налагат на операторите на СВПС в съответствие с член 22 от Регламент (ЕС) № 795/2014 (ЕЦБ/2014/28) и с процедурата, определена в настоящото решение.
Corrective measures shall be imposed on SIPS operators in accordance with Article 22 of Regulation (EU) No 795/2014 (ECB/2014/28) and the procedure laid down in this Decision.