natgillin/translations-raw huggingface dataset:
Stávající politika Eurosystému v oblasti umístění infrastruktury je stanovena v následujících dokumentech, které jsou k dispozici na internetových stránkách ECB www.ecb.europa.eu: a) ‚Policy statement on euro payment and settlement systems located outside the euro area‘ z 3. listopadu 1998; b) ‚The Eurosystem's policy line with regard to consolidation in central counterparty clearing‘ z 27. září 2001; c) ‚The Eurosystem policy principles on the location and operation of infrastructures settling in euro-denominated payment transactions‘ z 19. července 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«‘ z 20. listopadu 2008 a e) ‚The Eurosystem oversight policy framework‘ z července 2011, s výhradou rozsudku ze dne 4. března 2015, Spojené království proti Evropské centrální bance, T-496/11, ECLI:EU:T:2015:496.“;
The terms and conditions for the opening and operation of a PM account in TARGET2-ECB shall be those contained in Annex I to this Decision.
Článek 3 se nahrazuje tímto:
The terms and conditions for the opening and operation of a dedicated cash account in TARGET2-ECB shall be those contained in Annex II to this Decision.’;
„Článek 3
the Annex to Decision ECB/2007/7 is amended in accordance with the Annex to this Decision.
Podmínky TARGET2-ECB
Article 2
Podmínky pro zřízení a vedení účtu PM v TARGET2-ECB jsou obsaženy v příloze I tohoto rozhodnutí.
Entry into force
Podmínky pro zřízení a vedení vyhrazeného peněžního účtu v TARGET2-ECB jsou obsaženy v příloze II tohoto rozhodnutí.“
This Decision shall enter into force on 22 June 2015.
Příloha rozhodnutí ECB/2007/7 se mění v souladu s přílohou tohoto rozhodnutí.
Done at Frankfurt am Main, 26 May 2015.
Článek 2
The President of the ECB
Vstup v platnost
Guideline (EU) 2015/930 of the European Central Bank of 2 April 2015 amending Guideline ECB/2012/27 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (ECB/2015/15) (see page 38 of this Official Journal).
Toto rozhodnutí vstupuje v platnost dnem 22. června 2015.
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).
Ve Frankfurtu nad Mohanem dne 26. května 2015.
Decision ECB/2007/7 of 24 July 2007 concerning the terms and conditions of TARGET2-ECB (2007/601/EC) (OJ L 237, 8.9.2007, p. 71).
Prezident ECB
ANNEX
Obecné zásady Evropské centrální banky (EU) 2015/930 ze dne 2. dubna 2015, kterými se mění obecné zásady ECB/2012/27 o transevropském expresním automatizovaném systému zúčtování plateb v reálném čase (TARGET2) (ECB/2015/15) (viz strana 38 v tomto čísle Úředního věstníku).
The Annex to Decision ECB/2007/7 is amended as follows:
Obecné zásady ECB/2012/27 ze dne 5. prosince 2012 o transevropském expresním automatizovaném systému zúčtování plateb v reálném čase (TARGET2) (Úř. věst.
in the Annex, the following definitions in Article 1 are replaced:
L 30, 30.1.2013, s. 1).
“available liquidity” means a credit balance on a participant's PM account and, if applicable, any intraday credit line granted by the relevant euro area NCB in relation to such account but not yet drawn upon;
Rozhodnutí ECB/2007/7 ze dne 24. července 2007 o podmínkách TARGET2-ECB (2007/60/ES) (Úř. věst.
“event of default” means any impending or existing event, the occurrence of which may threaten the performance by a participant of its obligations under these Conditions or any other rules applying to the relationship between that participant and the ECB or any other CB, including:
L 237, 8.9.2007, s. 71).
“payment order” means a credit transfer order, a liquidity transfer order, a direct debit instruction or a PM to DCA liquidity transfer order;
PŘÍLOHA
“branch” means a branch within the meaning of point (17) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council;
Příloha rozhodnutí ECB/2007/7 se mění takto:
“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 (Kreditwesengesetz) 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;
v příloze se v článku 1 nahrazují tyto definice:
“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 the ECB;;
‘available liquidity’ means a credit balance on a participant's PM account and, if applicable, any intraday credit line granted by the relevant euro area NCB in relation to such account but not yet drawn upon;
in the Annex, the footnote to the definition ‘ancillary system’ is replaced by the following:
‘event of default’ means any impending or existing event, the occurrence of which may threaten the performance by a participant of its obligations under these Conditions or any other rules applying to the relationship between that participant and the ECB or any other CB, including:
The Eurosystem's current policy for the location of infrastructure is set out in the following statements, which are all 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.’;
‘payment order’ means a credit transfer order, a liquidity transfer order, a direct debit instruction or a PM to DCA liquidity transfer order;
in the Annex, the following definitions are inserted in Article 1:
‘branch’ means a branch within the meaning of point (17) of Article 4(1) of Regulation (EU) No 575/2013 of the European Parliament and of the Council;
“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;
‘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 (Kreditwesengesetz) 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;
“Main PM account” means the PM account to which a DCA is linked and on which any remaining balance must be automatically repatriated from the DCA at the end of the day;
‘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 the ECB;
“PM to DCA liquidity transfer order” means the instruction to transfer a specified amount of funds from a PM account to a DCA;’;
v příloze se poznámka pod čarou k definici pojmu „ancillary system“ nahrazuje tímto:
in the Annex, the following Article 1a is inserted:
The Eurosystem's current policy for the location of infrastructure is set out in the following statements, which are all 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.“;
‘Article 1a
v příloze se v článku 1 vkládají tyto nové definice:
The present Conditions govern the relationship between the ECB and its PM account holder as far the opening and the operation of the PM account is concerned.’;
‘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;
in the Annex, paragraphs 1 and 2 of Article 3 are replaced by the following:
‘Main PM account’ means the PM account to which a DCA is linked and on which any remaining balance must be automatically repatriated from the DCA at the end of the day;
any other payment orders in euro addressed to TARGET2 participants.’;
‘PM to DCA liquidity transfer order’ means the instruction to transfer a specified amount of funds from a PM account to a DCA;“
in the Annex, the following paragraphs 5 and 6 are added to Article 10:
v příloze se vkládá nový článek 1a, který zní:
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 1a
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.’;
The present Conditions govern the relationship between the ECB and its PM account holder as far the opening and the operation of the PM account is concerned.“;
in the Annex, Article 11 is replaced by the following:
v příloze se v článku 3 nahrazují odstavce 1 a 2 tímto:
‘Article 11
any other payment orders in euro addressed to TARGET2 participants.“;
PM to DCA liquidity transfer orders.’;
v příloze se v článku 10 doplňují nové odstavce 5 a 6, které znějí:
in the Annex, the second subparagraph of Article 13(2) 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.
‘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.’;
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.“;
in the Annex, paragraph 2 of Article 32 is replaced by the following:
v příloze se článek 11 nahrazuje tímto:
The ECB shall not be liable for the financial and commercial consequences of such disclosure.’;
„Article 11
in the Annex, paragraph 2 of Article 40 is replaced by the following:
PM to DCA liquidity transfer orders.“;
By requesting a PM account in TARGET2-ECB, applicant participants automatically agree to these Conditions between themselves and in relation to the ECB.’;
v příloze se v čl.
in Appendix I to the Annex, the following point (d) is added to paragraph 8(8):
13 odst.
by means of a PM to DCA liquidity transfer order.’;
2 nahrazuje druhý pododstavec tímto:
in Appendix IV to the Annex, paragraph 6(d) is replaced by the following:
„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.“;
The following types of payments shall be considered “critical” and the ECB may decide to initiate contingency processing in relation to them:
v příloze se v článku 32 nahrazuje odstavec 2 tímto:
DCA to PM liquidity transfer orders.’;
The ECB shall not be liable for the financial and commercial consequences of such disclosure.“;
in the Annex, Appendix VI is replaced by the following:
v příloze se v článku 40 nahrazuje odstavec 2 tímto:
‘Appendix VI
By requesting a PM account in TARGET2-ECB, applicant participants automatically agree to these Conditions between themselves and in relation to the ECB.“;
For the Aggregated Liquidity (AL) mode, the monthly fee shall be EUR 200 for each account included in the AL group.
v dodatku I k příloze se v odst.
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.
8 pododst.
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.
8 doplňuje nový bod d), který zní:
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.’;
by means of a PM to DCA liquidity transfer order.“;
the Annex is renamed Annex I, and its title is replaced by the following:
v dodatku IV k příloze se písmeno d) v odstavci 6 nahrazuje tímto:
‘ANNEX I
The following types of payments shall be considered ‘critical’ and the ECB may decide to initiate contingency processing in relation to them:
TERMS AND CONDITIONS FOR THE OPENING AND OPERATION OF A PM ACCOUNT IN TARGET2-ECB’;
DCA to PM liquidity transfer orders.“;
the following Annex II is added:
v příloze se dodatek VI nahrazuje tímto:
For the purposes of these Harmonised Conditions (hereinafter the “Conditions”) the following definitions apply:
„Appendix VI
“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),
For the Aggregated Liquidity (AL) mode, the monthly fee shall be EUR 200 for each account included in the AL group.
“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,
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.
“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,
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.
“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,
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.“;
“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,
příloha se nově označuje jako příloha I a její název se nahrazuje tímto:
“DCA to PM liquidity transfer order” means the instruction to transfer a specified amount of funds from a DCA to a PM account,
„ANNEX I
“PM to DCA liquidity transfer order” means the instruction to transfer a specified amount of funds from a PM account to a DCA,
TERMS AND CONDITIONS FOR THE OPENING AND OPERATION OF A PM ACCOUNT IN TARGET2-ECB“;
“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,
doplňuje se nová příloha II, která zní:
“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,
For the purposes of these Harmonised Conditions (hereinafter the ‘Conditions’) the following definitions apply:
“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,
‘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),
“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,
‘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,
“Business Identifier Code (BIC)” means a code as defined by ISO Standard No 9362,
‘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,
“ISO country code” means a code as defined by ISO Standard No 3166-1,
‘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,
“business day” means any day on which TARGET2 is open for the settlement of payment orders, as set out in Appendix V,
‘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,
“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,
‘DCA to PM liquidity transfer order’ means the instruction to transfer a specified amount of funds from a DCA to a PM account,
“central banks (CBs)” means the Eurosystem CBs and the connected NCBs,
‘PM to DCA liquidity transfer order’ means the instruction to transfer a specified amount of funds from a PM account to a DCA,
“connected NCB” means an NCB, other than a Eurosystem CB, which is connected to TARGET2 pursuant to a specific agreement,
‘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,
“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,
‘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,
“euro area NCB” means the NCB of a Member State whose currency is the euro,
‘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,
“Eurosystem CB” means the ECB or a euro area NCB,
‘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,
“insolvency proceedings” means insolvency proceedings within the meaning of Article 2(j) of Directive 98/26/EC,
‘Business Identifier Code (BIC)’ means a code as defined by ISO Standard No 9362,
“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,
‘ISO country code’ means a code as defined by ISO Standard No 3166-1,
“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,
‘business day’ means any day on which TARGET2 is open for the settlement of payment orders, as set out in Appendix V,
“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,
‘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,
“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,
‘central banks (CBs)’ means the Eurosystem CBs and the connected NCBs,
“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,
‘connected NCB’ means an NCB, other than a Eurosystem CB, which is connected to TARGET2 pursuant to a specific agreement,
“Payments Module (PM)” means an SSP module in which payments of TARGET2 participants are settled on PM accounts,
‘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,
“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:
‘euro area NCB’ means the NCB of a Member State whose currency is the euro,
“Single Shared Platform (SSP)” means the single technical platform infrastructure provided by the SSP-providing NCBs,