natgillin/translations-raw huggingface dataset:
De nærmere vilkår for TARGET2-ECB
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.
De nærmere vilkår for åbning og drift af en PM-konto i TARGET2-ECB er vilkårene indeholdt i bilag I til denne afgørelse.
The terms and conditions for the opening and operation of a T2S Dedicated Cash Account in TARGET2-ECB shall be those contained in Annex II to this Decision.
De nærmere vilkår for åbning og drift af en særlig T2S-kontantkonto i TARGET2-ECB er vilkårene indeholdt i bilag II til denne afgørelse.
The terms and conditions for the opening and operation of a TIPS Dedicated Cash Account in TARGET2-ECB shall be those contained in Annex III to this Decision.’;
De nærmere vilkår for åbning og drift af en særlig TIPS-kontantkonto i TARGET2-ECB er vilkårene indeholdt i bilag III til denne afgørelse.«
Annexes I and II to Decision ECB/2007/7 are amended in accordance with Annex I to this Decision;
Bilag I og II til afgørelse ECB/2007/7 ændres i overensstemmelse med bilag I til denne afgørelse.
the text set out in Annex II to this Decision is added as a new Annex III to Decision ECB/2007/7.
Teksten i bilag II til denne afgørelse indgår som et nyt bilag III til afgørelse ECB/2007/7.
Article 2
Artikel 2
Final provisions
Endelige bestemmelser
This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
Denne afgørelse træder i kraft på dagen efter dens offentliggørelse i Den Europæiske Unions Tidende.
It shall apply from 30 November 2018.
Den finder anvendelse fra den 30. november 2018.
Done at Frankfurt am Main, 8 October 2018.
Udfærdiget i Frankfurt am Main, den 8. oktober 2018.
The President of the ECB
Mario Draghi
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 the European Central Bank 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 (EU) 2018/1626 of the European Central Bank of 3 August 2018 amending Guideline ECB/2012/27 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (ECB/2018/20) (OJ L 280, 9.11.2018, p. 40).
Den Europæiske Centralbanks retningslinje (EU) 2018/1626 af 3. august 2018 om ændring af retningslinje ECB/2012/27 om TARGET2 (Trans-European Automated Real-time Gross settlement Express Transfer system) (ECB/2018/20) (EUT L 280 af 9.11.2018, s. 40).
Decision ECB/2007/7 of 24 July 2007 concerning the terms and conditions of TARGET2-ECB (OJ L 237, 8.9.2007, p. 71).
Den Europæiske Centralbanks afgørelse ECB/2007/7 af 24. juli 2007 om de nærmere vilkår for TARGET2-ECB (EUT L 237 af 8.9.2007, s. 71).
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 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, revised version of July 2016.’;
Eurosystemets nuværende politik for placering af infrastrukturer fremgår af følgende dokumenter, som alle findes på ECB's websted www.ecb.europa.eu: a) Policy statement on euro payment and settlement systems located outside the euro area af 3. november 1998, b) Eurosystem policy line with regard to consolidation in central counterparty clearing af 27. september 2001, c) Eurosystem policy principles on the location and operation of infrastructures settling in euro-denominated payment transactions af 19. juli 2007, d) 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’ af 20. november 2008, e) Eurosystem oversight policy framework, revideret version af juli 2016.«
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).’;
Den Europæiske Centralbanks retningslinje ECB/2012/27 af 5. december 2012 om TARGET2 (Trans-European Automated Real-time Gross settlement Express Transfer system) (EUT L 30 af 30.1.2013, s. 1).«
ANNEX I
BILAG I
Annexes I and II to Decision ECB/2007/7 are amended as follows:
Bilag I og II til afgørelse ECB/2007/7 ændres således:
Annex I is amended as follows:
Bilag I ændres således:
in Annex I and the Appendices, the term ‘SSP-providing CBs’ is replaced by the term ‘SSP-providing NCBs’ and the term ‘network service provider’ is replaced by the term ‘TARGET2 network service provider’;
I bilag I og i tillægene erstattes termen »SSP-providing CBs« af »SSP-providing NCBs« og termen »network service provider« erstattes af termen »TARGET2 network service provider«
Article 1 is amended as follows:
Artikel 1 ændres således:
the definition of ‘addressable BIC holder’ is replaced by the following:
Definitionen af »addressable BIC holder« affattes således:
‘“addressable BIC holder” means an entity which: (a) holds a Business Identifier Code (BIC); (b) is not recognised as an indirect participant in the PM; and (c) is a correspondent or customer of a PM account holder or a branch of a direct or indirect participant in the PM, and is able to submit payment orders to and receive payments from a TARGET2 component system via the PM account holder,’;
»‘addressable BIC holder’ means an entity which: (a) holds a Business Identifier Code (BIC); (b) is not recognised as an indirect participant in the PM; and (c) is a correspondent or customer of a PM account holder or a branch of a direct or indirect participant in the PM, and is able to submit payment orders to and receive payments from a TARGET2 component system via the PM account holder,«
the definition of ‘ancillary system’ is replaced by the following:
Definitionen af »ancillary system« affattes således:
‘“ancillary system” means a system managed by an entity that is subject to supervision and/or oversight by a competent authority and complies with the oversight requirements for the location of infrastructures offering services in euro, as amended from time to time and published on the ECB's website, in which payments and/or financial instruments are exchanged and/or cleared or recorded with (a) the monetary obligations settled in TARGET2 and/or (b) funds held in TARGET2, in accordance with Guideline ECB/2012/27 and a bilateral arrangement between the ancillary system and the relevant Eurosystem CB,
»‘ancillary system’ means a system managed by an entity that is subject to supervision and/or oversight by a competent authority and complies with the oversight requirements for the location of infrastructures offering services in euro, as amended from time to time and published on the ECB's website, in which payments and/or financial instruments are exchanged and/or cleared or recorded with (a) the monetary obligations settled in TARGET2 and/or (b) funds held in TARGET2, in accordance with Guideline ECB/2012/27 of the European Central Bank and a bilateral arrangement between the ancillary system and the relevant Eurosystem CB,
the definition of ‘available liquidity’ is replaced by the following:
Definitionen af »available liquidity« erstattes af følgende:
‘“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, or, if applicable, decreased by the amount of any processed reservations of liquidity on the PM account,’;
»‘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, or, if applicable, decreased by the amount of any processed reservations of liquidity on the PM account,«.
the definition of ‘business day’ is replaced by the following:
Definitionen af »business day« affattes således:
‘“business day” or “TARGET2 business day” means any day on which TARGET2 is open for the settlement of payment orders, as set out in Appendix V,’;
»‘business day’ or ‘TARGET2 business day’ means any day on which TARGET2 is open for the settlement of payment orders, as set out in Appendix V,«.
the definition of ‘Dedicated Cash Account’ is replaced by the following:
Definitionen af »Dedicated Cash Account« affattes således:
‘“T2S Dedicated Cash Account (T2S DCA)” means an account held by a T2S DCA holder, opened in TARGET2-ECB, and used for cash payments in relation to securities settlement in T2S,’;
»‘T2S Dedicated Cash Account (T2S DCA)’ means an account held by a T2S DCA holder, opened in TARGET2-ECB, and used for cash payments in relation to securities settlement in T2S,«.
the definition of ‘event of default’ is amended as follows:
Definitionen af »event of default« affattes således:
point (a) is replaced by the following:
Litra (a) erstattes af følgende:
where the participant no longer meets the access criteria laid down in Article 4 or the requirements laid down in Article 6(1)(a);’,
where the participant no longer meets the access criteria laid down in Article 4 or the requirements laid down in Article 6(1)(a);«.
point (g) is replaced by the following:
Litra (g), erstattes af følgende:
where the participant's credit balance on its PM account, T2S DCA or TIPS DCA, or all or a substantial part of the participant's assets are subject to a freezing order, attachment, seizure or any other procedure that is intended to protect the public interest or the rights of the participant's creditors;’;
where the participant's credit balance on its PM account, T2S DCA or TIPS DCA, or all or a substantial part of the participant's assets are subject to a freezing order, attachment, seizure or any other procedure that is intended to protect the public interest or the rights of the participant's creditors;«.
in the definition of ‘Information and Control Module (ICM)’, the word ‘participants’ is replaced by the words ‘PM account holders’;
I definitionen af »Information and Control Module (ICM)« erstattes ordene »participants« af ordene »PM account holders«,
the definition of ‘ICM broadcast message’ is replaced by the following:
Definitionen af »ICM broadcast message« affattes således:
‘“ICM broadcast message” means information made simultaneously available to all or a selected group of PM account holders via the ICM,’;
»‘ICM broadcast message’ means information made simultaneously available to all or a selected group of PM account holders via the ICM,«.
the definition of ‘indirect participant’ is replaced by the following:
Definitionen af »indirect participant« affattes således:
‘“indirect participant” means a credit institution established in the European Union or the European Economic Area (EEA), which has entered into an agreement with a PM account holder to submit payment orders and receive payments via such PM account holder's PM account, and which has been recognised by a TARGET2 component system as an indirect participant,’;
»‘indirect participant’ means a credit institution established in the European Union or the European Economic Area (EEA), which has entered into an agreement with a PM account holder to submit payment orders and receive payments via such PM account holder's PM account, and which has been recognised by a TARGET2 component system as an indirect participant,«.
in the definition of ‘multi-addressee access’, the words ‘established in the EEA’ are replaced by the words ‘established in the Union or the EEA’;
I definitionen af »multi addressee access« erstattes ordene »established in the EEA« af ordene »established in the Union or the EEA«
in the definition of ‘Main PM account’ the term ‘DCA’ is replaced by the term ‘T2S DCA’;
I definitionen af »Main PM account« erstattes termen »DCA« af »T2S DCA«
the definition of ‘non-settled payment order’ is replaced by the following:
Definitionen af »non-settled payment order« affattes således:
‘“non-settled payment order” means a payment order that is not settled on the same-business day as that on which it is accepted,’;
»‘non-settled payment order’ means a payment order that is not settled on the same-business day as that on which it is accepted,«.
the definition of ‘participant’ is replaced by the following:
Definitionen af »participant« affattes således:
‘“participant” [or “direct participant”] means an entity that holds at least one PM account (PM account holder) and/or one T2S Dedicated Cash Account (T2S DCA holder) and/or one TIPS Dedicated Cash Account (TIPS DCA holder) with a Eurosystem CB,’;
»‘participant’ [or ‘direct participant’] means an entity that holds at least one PM account (PM account holder) and/or one T2S Dedicated Cash Account (T2S DCA holder) and/or one TIPS Dedicated Cash Account (TIPS DCA holder) with a Eurosystem CB,«.
the definition of ‘payment order’ is replaced by the following:
Definitionen af »payment order« affattes således:
‘“payment order” means a credit transfer order, a liquidity transfer order, a direct debit instruction, a PM to T2S DCA liquidity transfer order or a PM to TIPS DCA liquidity transfer order,’;
»‘payment order’ means a credit transfer order, a liquidity transfer order, a direct debit instruction, a PM to T2S DCA liquidity transfer order or a PM to TIPS DCA liquidity transfer order,«.
the definition of ‘PM to DCA liquidity transfer order’ is replaced by the following:
Definitionen af »PM to DCA liquidity transfer order« affattes således:
‘“PM to T2S DCA liquidity transfer order” means the instruction to transfer a specified amount of funds from a PM account to a T2S DCA,’;
»‘PM to T2S DCA liquidity transfer order’ means the instruction to transfer a specified amount of funds from a PM account to a T2S DCA,«.
in the definition of ‘technical malfunction of TARGET2’, the words ‘same-day processing of payments’ are replaced by the words ‘same business-day processing of payments’;
I definitionen af »technical malfunction of TARGET2« erstattes ordene »same-day processing of payments« af ordene »same business-day processing of payments«.
the following definitions are inserted:
Der tilføjes følgende definitioner:
‘“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 CSDs and Eurosystem CBs that allow core, neutral and borderless settlement of securities transactions on a delivery-versus-payment basis in central bank money,’,
»‘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 CSDs and Eurosystem CBs that allow core, neutral and borderless settlement of securities transactions on a delivery-versus-payment basis in central bank money,«.
‘“TARGET Instant Payment Settlement (TIPS) service” means the settlement in central bank money of instant payment orders on the TIPS Platform,’,
»‘TARGET Instant Payment Settlement (TIPS) service’ means the settlement in central bank money of instant payment orders on the TIPS Platform,«.
‘“TIPS Platform” means the single technical platform infrastructure provided by the TIPS Platform-providing NCBs,’,
»‘TIPS Platform’ means the single technical platform infrastructure provided by the TIPS Platform-providing NCBs,«.
‘“TIPS Platform-providing NCBs” means the Deutsche Bundesbank, the Banco de España, the Banque de France and the Banca d'Italia in their capacity as the CBs building and operating the TIPS Platform for the Eurosystem's benefit,’,
»‘TIPS Platform-providing NCBs’ means the Deutsche Bundesbank, the Banco de España, the Banque de France and the Banca d'Italia in their capacity as the CBs building and operating the TIPS Platform for the Eurosystem's benefit,«.
‘“TIPS network service provider” means an undertaking which has: (a) met all of the necessary conditions to connect to, and established a technical connection to, the TIPS Platform in accordance with the rules and procedures set out in Appendix V to Annex III to Decision ECB/2007/7; and (b) signed the TIPS connectivity hosting terms and conditions which are available on the ECB's website,’,
»‘TIPS network service provider’ means an undertaking which has: (a) met all of the necessary conditions to connect to, and established a technical connection to, the TIPS Platform in accordance with the rules and procedures set out in Appendix V to Annex III to Decision ECB/2007/7; and (b) signed the TIPS connectivity hosting terms and conditions which are available on the ECB's website,«.
‘“TIPS Dedicated Cash Account (TIPS DCA)” means an account held by a TIPS DCA holder, opened in TARGET2-ECB, and used for the provision of instant payment services to its customers,’,
»‘TIPS Dedicated Cash Account (TIPS DCA)’ means an account held by a TIPS DCA holder, opened in TARGET2-ECB, and used for the provision of instant payment services to its customers,«.
‘“Linked PM account” means the PM account with which a TIPS DCA is associated for the purpose of liquidity management and payment of TIPS fees,’,
»‘Linked PM account’ means the PM account with which a TIPS DCA is associated for the purpose of liquidity management and payment of TIPS fees,«.
‘“instant payment order” means, in line with the European Payments Council's SEPA Instant Credit Transfer (SCT Inst) scheme, a payment instruction which can be executed 24 hours a day any calendar day of the year, with immediate or close to immediate processing and notification to the payer,’,
»‘instant payment order’ means, in line with the European Payments Council's SEPA Instant Credit Transfer (SCT Inst) scheme, a payment instruction which can be executed 24 hours a day any calendar day of the year, with immediate or close to immediate processing and notification to the payer,«.
‘“recall request” means, in line with the SCT Inst scheme, a message from a TIPS DCA holder requesting reimbursement of a settled instant payment order,’,
»‘recall request’ means, in line with the SCT Inst scheme, a message from a TIPS DCA holder requesting reimbursement of a settled instant payment order,«.
‘“positive recall answer” means, in line with the SCT Inst scheme, a payment order initiated by the receiver of a recall request, in response to a recall request, for the benefit of the sender of that recall request,’,
»‘positive recall answer’ means, in line with the SCT Inst scheme, a payment order initiated by the receiver of a recall request, in response to a recall request, for the benefit of the sender of that recall request,«.
‘“PM to TIPS DCA liquidity transfer order” means the instruction to transfer a specified amount of funds from a PM account to a TIPS DCA,’,
»‘PM to TIPS DCA liquidity transfer order’ means the instruction to transfer a specified amount of funds from a PM account to a TIPS DCA,«.
‘“TIPS DCA to PM liquidity transfer order” means the instruction to transfer a specified amount of funds from a TIPS DCA to a PM account,’;
»‘TIPS DCA to PM liquidity transfer order’ means the instruction to transfer a specified amount of funds from a TIPS DCA to a PM account,«.
Acts and omissions of the SSP-providing NCBs shall be considered acts and omissions of the ECB, for which it shall assume liability in accordance with Article 25 below.
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 the Settlement Finality Directive.
TARGET2-ECB is designated as a “system” under § 1(16) of the KWG.
TARGET2-ECB is designated as a ‘system’ under § 1(16) of the KWG.
No intraday credit is provided to participants in TARGET2-ECB.’;
No intraday credit is provided to participants in TARGET2-ECB.«
in Article 6(1)(a), the term ‘TARGET2-ECB’ is replaced by the words ‘the SSP’;
I artikel 6, stk. 1, litra a), erstattes termen »TARGET2-ECB« af termen »SSP«
Article 9 is amended as follows:
Artikel 9 ændres således:
in paragraph 3, the first sentence is replaced by the following:
Stk. 3, første punktum, affattes således:
‘Up-to-date information on the SSP's operational status shall be available on the TARGET2 Information System (T2IS) on a dedicated webpage on the ECB's website.’;
»Up-to-date information on the SSP's operational status shall be available on the TARGET2 Information System (T2IS) on a dedicated webpage on the ECB's website.«
the following paragraph 4a is inserted:
Som stk. 4a indsættes:
The holder of the Linked PM account shall be responsible for informing in a timely manner its TIPS DCA holders of any relevant ICM broadcast message, including those related to the suspension or termination of any TIPS DCA holder's participation in TARGET2-ECB.’;
The holder of the Linked PM account shall be responsible for informing in a timely manner its TIPS DCA holders of any relevant ICM broadcast message, including those related to the suspension or termination of any TIPS DCA holder's participation in TARGET2-ECB.«
paragraph 8 is replaced by the following:
Stk. 8 affattes således:
Participants shall immediately inform the ECB if an event of default occurs in relation to themselves.’;
Participants shall immediately inform the the ECB if an event of default occurs in relation to themselves.«
Article 10 is amended as follows:
Artikel 10 ændres således:
paragraph 5 is replaced by the following:
Stk. 5 affattes således:
A PM account holder accepting its PM account to be designated as the Main PM account shall be bound by any invoices related to the opening and operation of each T2S DCA 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 T2S DCA holder.’;
A PM account holder accepting its PM account to be designated as the Main PM account shall be bound by any invoices related to the opening and operation of each T2S DCA 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 T2S DCA holder.«
in paragraph 6, the term ‘DCA’ is replaced by the term ‘T2S DCA’;
I stk. 6 erstattes termen »DCA« af termen »T2S DCA«
the following paragraphs 7 and 8 are added:
Som stk. 7 og 8 indsættes følgende:
The holder of a Linked PM account shall have an overview of the liquidity available on the TIPS DCAs linked to that PM account and ensure the TIPS DCA holders are aware of their responsibility to manage that liquidity.’;
The holder of a Linked PM account shall have an overview of the liquidity available on the TIPS DCAs linked to that PM account and ensure the TIPS DCA holders are aware of their responsibility to manage that liquidity.«
Article 11 is amended as follows:
Artikel 11 ændres således:
points (c) and (d) are replaced by the following:
Litra c) og d) affattes således:
PM to T2S DCA liquidity transfer orders; and’;
PM to T2S DCA liquidity transfer orders; and«.
the following point (e) is added:
Følgende litra e) indsættes:
PM to TIPS DCA liquidity transfer orders.’;
PM to TIPS DCA liquidity transfer orders.«
in Article 12, paragraph 3 is replaced by the following:
Artikel 12, stk. 3, affattes således:
The SSP attaches its timestamp for the processing of payment orders in the sequence of their receipt.’;